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(A) The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(B) The history or source notes appearing in parentheses after sections in this code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section. Cross-references and statutory references, which appear after sections or subsections of this code, or which otherwise appear in footnote form, are provided for the convenience of the user of this code, and have no legal effect.
(C) All references to chapters, articles, or sections are to the chapters, articles, and sections of this code, unless otherwise specified.
(Code 1976, § 1.3)
(A) The repeal of an ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred, or any proceeding commenced before the repeal took effect or the ordinance expired.
(B) When an ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
(Code 1976, § 1.4)
(A) Nothing in this code, or the ordinance adopting this code, shall be construed to repeal or otherwise affect the validity of any of the following:
(1) Any ordinance promising or guaranteeing the payment of money of the town, or authorizing the issuance of any bonds of the town, or any evidence of the town’s indebtedness;
(2) Any ordinance providing for public improvements and assessments therefor;
(3) Any zoning ordinance, or any ordinance regulating or otherwise relating to the subdivision of land, except to the extent that Chapter 17 of the code is periodically amended;
(4) Any appropriation ordinance, or ordinance providing for an annual budget or for the transfer of funds;
(5) Any ordinance annexing territory to the town or discontinuing territory as a part of the town;
(6) Any ordinance granting any franchise, permit, or other right;
(7) Any ordinance approving, authorizing, or otherwise relating to any contract, agreement, or special project;
(8) Any ordinance regulating traffic or vehicles at specific locations, except to the extent that Chapters 17 and 20 are periodically amended; and
(9) Any ordinance setting fees or charges.
(B) All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code.
Statutory reference:
Authority of town to omit designated classes of ordinances from code, G.S. § 160A-77.
(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 in this code. When subsequent ordinances repeal any chapter, section, or subsection, or any portion thereof, such 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 of such subsequent ordinances until such time that this code, and subsequent ordinances numbered or omitted, are readopted as a new code by the Town Council.
(B) Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: “That section of the Code of Ordinances, Town of Maiden, North Carolina, is hereby amended to read as follows ....” The provisions shall then be set out in full as desired.
(C) If a new section is to be added to this code, the following language shall be used: “That the Code of Ordinances, Town of Maiden, North Carolina, is hereby amended by adding a section, to be numbered___, which section reads as follows....” The new section shall then be set out in full as desired.
(D) All sections, articles, chapters, or provisions desired to be repealed must be specifically repealed by section, article, or chapter number, as the case may be.
(A) By contract or by town personnel, supplements to this code shall be prepared, and printed, whenever authorized, or directed, by the Town Manager. A supplement to the code shall include all substantive, permanent, and general parts of ordinances passed by the Town Council 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, and 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, non-substantive 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 subdivisions;
(2) Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the code printed in the supplement, and make changes in such 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 subsection numbers;
(4) Change the words “this ordinance” or words of the same meaning to “this chapter”, “this article”, “this subsection”, and the like, as the case may be, or to “sections___ through ___” (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 non-substantive changes necessary to preserve the original meanings of ordinance sections inserted into 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.
It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, or section of this code shall be declared unconstitutional or otherwise invalid by the valid judgment, or decree, of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this code, since the same would have been enacted by the Council without the incorporation in this code of any such unconstitutional, or invalid, phrase, clause, sentence, paragraph, or section.
(Code 1976, § 1.6)
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