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All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.
(Prior Code, §§ 1-5, 1-6)
(A) All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system hereof and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection, or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence that the subsequent ordinances numbered or omitted are readopted as a new code by the city.
(B) Amendments to any of the provisions of the code shall be made by amending provisions by specific reference to the section number of this code in language substantially similar to the following: “Section of the Code of Ordinances, City of Lincolnton, North Carolina, is hereby amended as follows: . . . .” The new provisions shall then be set out in full as desired.
(C) If a new section not heretofore existing in the code is to be added, language substantially similar to the following shall be used: “The Code of Ordinances, City of Lincolnton, North Carolina, is hereby amended by adding a section, to be numbered , which section shall read as follows: . . . .” The new section shall then be set out in full as desired.
(D) All sections, chapters or provisions desired to be repealed must be specifically repealed by section or chapter number, as the case may be.
(A) As histories for the code sections, the specific number and passage date of the original ordinance and any and all amending ordinances are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985)
(B) (1) A statutory cite included in the history indicates that the text of the section reads substantially the same as the statute. Example: (G.S. § 160A-11)
(2) A statutory cite set forth as a “statutory reference” following the text of the section indicates that the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
Statutory reference:
Inspection of public records, see G.S. §§ 132-1 et seq.
(C) If a section of this code is derived from the prior code of ordinances of the city, the prior code section number shall be indicated in the history by “(Prior Code, § ).” The history notes following sections and the references scattered throughout the code are not part of the code, but are merely for the benefit for the user of the code.
It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with the code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. Any person violating this section shall be punished as provided in § 10.99 hereof.
(Prior Code, § 1-7)
Cross-reference:
Offenses and miscellaneous provisions, see Title XIII
Statutory reference:
Abatement of health nuisances, see G.S. § 160A-193
Authority of city to enforce ordinances, see G.S. § 160A-175
Violation of ordinances constitutes a misdemeanor punishable by fine not exceeding $50 or imprisonment for not exceeding 30 days, see G.S. § 14-4
(A) Any violation of this code by any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of the officer’s, agent’s or other person’s office or employment, shall in every case also be deemed to be a violation by the corporation, association or organization.
(B) Any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization shall be subject and liable to punishment as well as the corporation or unincorporated association or organization for the violation by it of any provisions of this code, where the violation was the act or omission, or the result of the act, omission or order, of any person.
(Prior Code, § 1-10)
The police power of the city is hereby extended to include all lands and property owned or leased by the city or any agency of the city, and the general ordinances of the city shall be applicable on the land and property.
(Prior Code, § 1-11)
Statutory reference:
Authority to so provide, see G.S. § 160A-176
(A) By contract or by municipal personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the governing body. A supplement to the code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete; the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.
(B) In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by the omission thereof from reprinted pages.
(C) When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate divisions;
(2) Provide appropriate catchlines, headings and titles for sections and other divisions of the code printed in the supplement and make changes in the catchlines, headings and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this section,” “this division,” and the like, as the case may be, or to “sections _____ to _____” (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted in the code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.
(Prior Code, § 1-13)
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