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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(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto,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(C) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.
(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 When subsequent ordinances repeal any chapter or section or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages.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 town.
(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, Town of Richlands, 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, Town of Richlands, 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 amending ordinances, if any, 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.
No person shall tear or deface any of the town ordinances.
(1987 Code, § 1-1-09) Penalty, see § 10.99
(A) In accordance with G.S. § 160A-175, and unless this code of ordinances provides otherwise, violation of any provision hereof shall be a misdemeanor as provided in G.S. § 14-4, punishable upon conviction by a fine not exceeding $50 or by imprisonment not exceeding 30 days. An ordinance may provide by express statement that the maximum fine or term or imprisonment to be imposed for its violation shall be some figure or number of days less than the maximum penalties prescribed by G.S. § 14-4.
(B) By express statement, an ordinance contained herein may provide for its enforcement by other remedies, as authorized in G.S. § 160-175, including the imposition of civil fines, the ordering of appropriate equitable relief, including injunctions or a combination of remedies.
(C) An ordinance may provide, when appropriate, that each day's continuing violation shall be a separate and distinct offense.
(1987 Code, § 1-1-06)
Statutory reference:
Authorizing municipalities to employ alternate remedies in the enforcement of local ordinances, see G.S. § 160A-175