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CHARTER AND RELATED LOCAL LAWS
Sec. 1. Incorporation
Sec. 2. Corporate limits
Sec. 3. Mayor and board of commissioners [Aldermen]
Sec. 4. Same; election, fees; terms of office
Sec. 5. Powers and duties
Sec. 6. Secretary of the board
Sec. 7. Town Marshal
Sec. 8. Power to apply taxes
Sec. 9. Violations
Sec. 10. Sale of alcoholic beverages
Sec. 11. Police; appointment; territorial jurisdiction
Related Local Laws
Sec. 1. Session Laws of 1951, Chapter 909
Sec. 2. Session Laws of 1959, Chapter 519, as amended
Sec. 3. Session Laws of 1961, Chapter 1109
Sec. 4. Session Laws of 1961, Chapter 1123
Sec. 5. Session Laws of 1965, Chapter 486
Any material in brackets has been added by the editors to clarify the meaning of the text. The editors have added section catchlines to facilitate the use of this compilation and indexing; however, formal citations and references should be to the original act, and not to this compilation.
The Town of Shallotte, in the County of Brunswick, be, and the same is hereby incorporated by the name and style of the Town of Shallotte, and is hereby invested with all the powers, rights, privileges and immunities enumerated in chapter 62 of volume 2 of the Code of North Carolina, entitled, “Cities and Towns,” and subject to the restrictions and liabilities specified in the same not inconsistent with this act.
(Pr. L. 1899, c. 339, Sec. 1)
Cities and towns are now governed primarily by G.S. Ch. 160A
The corporate limits of the Town of Shallotte in Brunswick County are hereby extended so that such corporate limits shall be as follows, provided such extension is approved at an election held pursuant to the provisions of this act:
“Beginning at an iron pipe on the North side of U.S. Highway No. 17, 50 feet from center, said iron stake being 3100 feet a northeasterly course from where the Old Holmes line crosses said highway as measured along the northern margin of said highway; and also being 209 feet a northeasterly course from the southeast corner of the Shallotte Baptist Church property, as measured along northern margin of said highway; runs thence South 88 degrees 30 minutes West 2842 feet to a stake on the North side of Smith’s Avenue; thence with the northern margin of said avenue North 52 degrees 12 minutes West 1100 feet to a stake; thence North 87 degrees West 2470 feet to a stake; thence South 80 degrees West 2877.5 feet to the run of Mulberry Swamp; thence down said run as it meanders to Shallotte River; thence up Shallotte River to a stake on the South edge of said river 60 feet above the mouth of Bobbie Pike; thence with Bobbie’s Pike the following course and distances: South 7 degrees 45 minutes East 1017 feet South 35 degrees East 238 feet, South 19 degrees East 78 feet; thence with Bobbie’s Pike South 14 degrees West 449.5 feet to a post on the South edge of Old Highway No. 17; thence North 59 degrees 12 minutes East 2741.5 feet to a stake on the West side of a branch; thence South 30 degrees 30 minutes East 224.1 feet to a stake; thence North 59 degrees 30 52 degrees 30 minutes West 236 feet to a white oak on the South side of Shallotte River; thence North 55 degrees 55 minutes East 1850 feet to a stake; thence North 10 degrees East 3515 feet to the point of beginning.”
(Pr. L. 1899, c. 339, Sec. 2; S.L. 1949, c. 4, Sec. 1; S.L. 1959, c. 501, Sec. 1)
The officers of the Town of Shallotte shall consist of a mayor and five (5) commissioners [aldermen] and the present mayor and commissioners [aldermen] shall continue to hold office until their successors are elected on the first Tuesday after the first Monday in May, 1947, and have qualified. The town commissioners [aldermen] may impose the duties of town treasurer upon one of its own members and pay such member a salary of five dollars ($5.00) per month for performing the duties of treasurer.
(S.L. 1947, c. 507, Sec. 1)
(A) In the municipal election held in 1965, and quadrennially thereafter, the candidate for mayor receiving the highest number of votes shall be elected for a term of four (4) years. In the election of 1965, the two (2) candidates for town commissioner [alderman] receiving the highest number of votes shall be elected for a term of four (4) years, and the three (3) candidates receiving the next highest number of votes shall be elected for a term of two (2) years. In the municipal election of 1967, and biennially thereafter, all town commissioners [aldermen] shall be elected for a term of four (4) years. Municipal elections in the Town of Shallotte shall be held in accordance with the general municipal election laws as contained in Art. 3, Ch. 160 of the General Statutes.
(B) Any person desiring to become a candidate for the office of mayor or commissioner [Alderman] shall, at least two (2) weeks prior to election day, file with the town clerk a statement of such candidacy in substantially the following form:
“STATE OF NORTH CAROLINA, TOWN OF SHALLOTTE
I, , hereby give notice that I reside at Street, Town of Shallotte, Brunswick County, State of North Carolina; I am a candidate for election to the office of (mayor, or commissioner [alderman]), to be voted upon at the town election to be held on the first Tuesday after the first Monday in May, 20 , and I hereby request that my name be printed on the official ballot for the said election for such office.
(C) Candidates for mayor shall pay at the time of the signing of said statement the sum of five dollars ($5.00) to the Clerk, and candidates for membership on the board of commissioners [aldermen] shall pay the sum of one dollar ($1.00) to said Clerk; and such filing fees shall go to the town’s general fund, to be applied on the expense of holding the election. Only those persons signing such statement and paying the required fee shall be entitled to have his name printed on the official ballot.
(D) The candidate for mayor receiving the highest number of votes in the town election shall be declared to be elected mayor and the five (5) candidates for town commissioner [alderman] receiving the highest number of votes shall be declared to be elected as commissioners [aldermen].
(S.L. 1947, c. 507, Sec. 3; S.L. 1965, c. 235, Sec. 1)
Filing fees and notices of candidacy are governed by G.S. Ch. 163
The commissioners [aldermen] of said town shall have power to pass all bylaws, rules and regulations necessary for the good government of said town, not inconsistent with the laws of this state, and shall also have power to abate all nuisances and may impose such fines and penalties as may be necessary to abate them. The governing body of said town is hereby authorized and empowered to impose, levy and collect such taxes as municipal corporations are authorized by the general laws of the state to impose, levy and collect, subject only to such limitations as are imposed by the general laws of the state with respect thereto.
(S.L. 1949, c. 144, Sec. 1)
It shall be the duty of the commissioners [aldermen] when organized to appoint one (1) of their number as secretary, whose duty it shall be to keep a record of all proceedings of said commissioners [aldermen], and said commissioners [aldermen] may require the treasurer and Marshal each to enter into a bond approved by the commissioners [aldermen], payable to the State of North Carolina, to the use of the Town of Shallotte, conditioned for the faithful performance of their duties, approved by the commissioners [aldermen].
(Pr. L. 1899, c. 339, Sec. 6)
When it shall be necessary for the preservation of the public peace, good order and common decency, or the protection of life, liberty, person or property of individuals, the Town Marshal shall have the authority, and it shall be the duty of such Marshal, to arrest the body of offending parties who have violated the law in the presence of such Marshal, without warrant, and take such person or persons before the mayor of said town as early as practicable, to be dealt with as the law directs, and for every resistance of such authority by such offenders or others, the party so resisting shall be punished as the ordinances of said town shall provide, and if necessary the Marshal shall have power to call to his aid any bystander to assist in making any legal arrest, and anyone so summoned or called, who refuses or fails to arrest, shall, upon conviction before the mayor, be punished as the ordinances of said town shall prescribe.
(Pr. L. 1899, c. 339, Sec. 7)
Section 3 of Chapter 339, Private Laws of 1899, provided for election of a town marshal; however, the rewriting of that section by c. 507, S.L. 1947, did not carry forward the office of marshal.
The commissioners [aldermen] shall have the power to apply the taxes collected under this act, together with all fines and forfeitures, to the public streets or [sic] said town as they may find necessary.
(Pr. L. 1899, c. 339, Sec. 8)
The provisions of G.S. § 160A-175 govern violations and enforcement of ordinances adopted by the Board of Aldermen.
(Pr. L. 1899, c. 339, Sec. 9) (Amendment adopted June 16, 1997)
Penalties for ordinance violations, see G.S. § 160A-175
It shall be unlawful for any person or persons to manufacture or sell any spirituous liquors, or to sell any wine, cider, malt liquors or any other intoxicating drink within the limits of said town or within one and one-half (1-1/2) miles of the outer limits of said town; and any [sic] person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $50 or imprisoned for not more than 30 days, in the discretion of the court.
(Pr. L. 1899, c. 339, Sec. 10)
G.S. Chapter 18B, enacted in 1989, as amended, governs sale and distribution of alcoholic beverages, and supersedes local acts similar to this section. See also Related Local Act, referenced herein, establishing alcoholic beverage control stores in the town.
The Chief of Police and other police officers shall be appointed by the board of town commissioners [Aldermen] and said board may appoint persons who are not residents of the municipality to such positions. The police officers of the Town of Shallotte shall have full authority, when in hot pursuit of any person who is charged with the violation of any criminal offense within the municipality, to pursue such offender beyond the corporate limits of the town and as far as the line of an adjoining county and to arrest such offender; and the common law doctrine of hot pursuit shall be applicable to such offenses and such officers.
(S.L. 1947, c. 507, Sec. 4)
Territorial jurisdiction of police officers, see G.S. § 160A-286
RELATED LOCAL LAWS
Section 1. From and after the ratification of this act, all that territory embraced within the territorial limits of the Town of Shallotte, in Brunswick County, shall be a bird sanctuary.
Section 2. From and after the ratification of this act, it shall be unlawful for any person to hunt, kill or trap any birds within the territorial limits referred to in section 1 of this act. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $50 or imprisoned not more than 30 days.
Section 1. The board of aldermen of the Town of Shallotte may on its own motion and shall upon a petition to said board signed by at least 15 percent of the registered and qualified voters of the Town of Shallotte order an election to be held on the question of whether or not town alcoholic beverage control stores may be operated in the Town of Shallotte and if a majority of the votes cast in such election shall be for the operation of such stores, it shall be legal for alcoholic beverage control stores to be set up and operated in the Town of Shallotte, but if a majority of the votes cast in said election shall be against the operation of said alcoholic beverage control stores, no such stores shall be set up and operated in the Town of Shallotte under the provisions of this act.
Section 2. The board of aldermen of the Town of Shallotte may submit the questions herein above mentioned and call a special election for the purpose of submitting said question on or before October 11, 1959. In the event said special election is called, same shall be held and conducted on the dates fixed by the board of aldermen of the Town of Shallotte. A new registration of voters for such election shall not be necessary and all qualified voters who are properly registered prior to the registration for the election and those who register in said alcoholic beverage control election shall be entitled to vote in said election. In said election a ballot shall be used upon which shall be printed upon separate lines for each proposition “For City Alcoholic Beverage Control Stores,” “Against City Alcoholic Beverage Control Stores.” Those favoring setting up and operating alcoholic beverage control stores in the Town of Shallotte shall mark in the voting square to the left of the words “For City Alcoholic Beverage Control Stores” printed on the ballot and those opposed to city alcoholic beverage control stores shall mark in the voting square to the left of the words “Against City Alcoholic Beverage Control Stores.” Except as otherwise provided herein, if a special election is called, the special election authorized shall be conducted under the same statutes, rules and regulations applicable to general elections for the board of aldermen of the Town of Shallotte and the cost thereof shall be paid from the general fund of the Town of Shallotte.
Section 3. If a subsequent election shall be held and at such election a majority of the votes shall be cast “Against City Alcoholic Beverage Control Stores,” the city alcoholic beverage control board shall within three (3) months from the canvassing of such votes and declaration of the results thereof close such stores and shall thereafter cease to operate the same and within said three (3) months the control board shall dispose of all alcoholic beverages on hand, all fixtures and all other property in the hands and under the control of said board and convert the same into cash and turn the same over to the city treasurer. Thereafter, all public, public-local and private laws applicable to the sale of intoxicating beverages within said Town of Shallotte in force and effect prior to the authorization to operate City Alcoholic Beverage Control Stores shall be in full force and effect the same as if such election had not been held, and until and unless another election is held under the provisions of this act in which a majority of the votes shall be cast “For City Alcoholic Beverage Control Stores.” No election shall be called and held in the Town of Shallotte under the provisions of this act within three (3) years from the holding of the last election thereunder. It shall be the duty of the board of aldermen of the Town of Shallotte to order the alcoholic beverage control election on its own motion or within 60 days after a petition shall have been presented, filed and signed by at least 15 percent of the registered and qualified voters of the Town of Shallotte requesting the same.
Section 4. If the operation of city alcoholic beverage control stores is authorized under the provisions of this act, the board of aldermen of the Town of Shallotte shall immediately create a city board of alcoholic control to be composed of a chairman and two (2) other members who shall be well-known for their character, ability and business acumen. Said board shall be known and designated as “The Town of Shallotte Board of Alcoholic Control.” The members and chairman of said board shall be designated by the mayor and governing body of the city and the member designated as chairman shall serve for his first term a period of three (3) years. As to the other members, one (1) member shall serve for his first term a period of two (2) years and the other member shall serve for his first term a period of one (1) year; and all terms shall begin with the date of their appointment. Thereafter, as the terms of the chairman and members expire, their successors in office shall serve for terms of three (3) years each, and until their successors are appointed and qualified. Any vacancy shall be filled by the board of aldermen for the unexpired term. Compensation of the members of said city board of alcoholic control shall be fixed by the board of aldermen of the Town of Shallotte.
Section 5. The said Town of Shallotte Board of Alcoholic Control shall have all of the powers and duties imposed by G.S. § 18-45 on county boards of alcoholic control and shall be subject to the powers and authority of the state board of alcoholic control the same as county boards of alcoholic control as provided in G.S. § 18-39. The said Town of Shallotte Board of Alcoholic Control and the operation of any city alcoholic beverage control stores authorized under the provisions of this act shall be subject to and in pursuance with the provisions of article 3 of chapter 18 of the General Statutes of North Carolina except to the extent which the same may be in conflict with the provisions of this act. Wherever the word “county” board of alcoholic control appears in said article, it shall include the Town of Shallotte Board of Alcoholic Control. The Town of Shallotte Board of Alcoholic Control shall have authority to employ legal counsel and such other employees as it may deem wise and fix their compensation.
Section 6. (a) Out of the gross profits derived from the operation of said alcoholic beverage control stores and after the payment of all costs and operating expenses and after retaining sufficient and proper working capital, the amount thereof to be determined by the Town of Shallotte Board of Alcoholic Control, said board shall further expend an amount as necessary for law enforcement purposes of not less than five percent (5%) nor more than 10 percent thereof, to be determined by quarterly audit, which amount shall supplement and not supplant the amount usually budgeted for such purposes by the Town of Shallotte. In the expenditure of said funds, the city board of alcoholic control shall employ one (1) or more persons as law enforcement officer or officers to be appointed by and directly responsible to the said board. The person or persons so appointed shall, after taking the oath prescribed by law for peace officers, have the same powers and authorities within Brunswick County as other peace officers. And any such person or persons so appointed, or any other peace officer while in hot pursuit of anyone found to be violating the prohibition laws of this state, shall have the right to go into any other county of the state and arrest such defendant therein so long as such hot pursuit of such person shall continue, and the common law of hot pursuit shall be applicable to said offenses and such officer or officers. Any law enforcement officer appointed by the said board of alcoholic control and any other peace officer are hereby authorized, upon request of the sheriff or other lawful officer in any other county, to go into such other county and assist in suppressing a violation of the prohibition laws therein, and while so acting, shall have such powers as a peace officer as are granted to him in Brunswick County and be entitled to all the protection provided for said officer while acting in his own county.
(b) Out of the net profits derived from the operation of said alcoholic beverage control stores, the Town of Shallotte Board of Alcoholic Control shall, on a quarterly basis, pay over to the following named governing bodies, departments, boards and agencies amounts equal to the percentages of the net profits which shall be expended by said governing bodies, departments, boards and agencies for these purposes and none other as follows:
(1) five percent (5%) to Union Primary School [;]
(2) five percent (5%) to Shallotte Middle School [;]
(3) 10 percent to West Brunswick High School [; and]
(4) 80 percent to the general fund of the Town of Shallotte.
Section 6.1. All sales of wines in the Town of Shallotte are restricted to the Shallotte ABC Store.
Section 7. The Town of Shallotte Board of Alcoholic Control may authorize the establishment and operation of additional stores within the municipality if, in its discretion, it finds the same desirable.
Subsection (b) of Section 6 was enacted by S.L. 1975 c. 474; Section 6.1 was enacted by S.L. 1971, c. 376. The statutes cited in Section 5 were repealed in 1971. See Charter Sec. 10 above.
Section 1. There is hereby created a board to be known as the airport commission of the Towns of Shallotte and Ocean Isle, and which board is hereby constituted a body politic and corporate. The said board shall be comprised of seven (7) members, all of whom shall be experienced businessmen with no qualifications as to residence. The membership of said board shall be named as provided for in chapter 63 of the General Statutes of North Carolina. The members of said board shall receive no compensation, per diem or otherwise, but shall be allowed and paid actual expenses incurred in the transaction of business and at the instance of the said commission. In the event that either the aldermen of the Town of Shallotte or the commissioners of the Town of Ocean Isle do not deem it advisable or any one (1) of said municipal bodies do not enter into an agreement to set up said airport commission as provided for under chapter 63 of the General Statutes of North Carolina, then in such event the municipality desiring to create such a commission may do so having all powers herein conferred with the right and privilege of calling such commission in the name of the particular municipality.
Section 2. Said airport commission shall, in addition to the powers conferred in chapter 63 of the General Statutes of North Carolina, have the following powers:
(1) To sue and be sued in the name of said airport commission; to acquire by purchase and condemnation, and to hold lands for the purpose of constructing, maintaining or operating the airport facilities hereinafter referred to; and make such contracts and to hold such personal property as may be necessary for the exercise of the powers of said airport commission.
(2) To issue bonds and/or other securities or obligations for the purpose of providing funds for such acquisition of lands, construction, maintenance and/or operating the said airport facilities, said bonds, if and when issued, shall be denoted “airport commission bonds of Shallotte and Ocean Isle” and shall be issued in such form and denominations and shall mature at such time or times not exceeding 50 years after their date and shall bear such rate of interest not exceeding six percent (6%) per annum payable either annually or semiannually as the airport commission may determine; provided, however, that neither the airport commission board, nor the individual members thereof, shall have authority to pledge the credit of or contract for or on behalf of any of the governmental units participating in the establishment of an airport commission under this act. The bonds shall be signed by the chairman of said airport commission board and the corporate seal affixed or impressed on each bond and attested by the secretary to said board. The coupons to be attached to said bond shall bear the facsimile signature of the chairman officiating at the time of issuance of said bond. Such bonds and/or notes issued for the purpose or purposes above set out may be sold at private sale for not less than par to any U.S. governmental agency with the approval of the board of aldermen of Shallotte and the board of commissioners of the Town of Ocean Isle, jointly, but if such private sale is not made to a U.S. governmental agency, then the sale shall be made under the provisions of the Municipal Finance Act of the state with the approval of the local government board and commission.
Bonds and notes issued under this act shall be exempt from all state, county or municipal taxes or assessments, direct or indirect, general or special, and the interest paid on said bonds or notes shall not be subject to taxation as income, nor shall said bonds or notes, or coupons of said bonds, be subject to taxation when constituting part of the surplus of any bank, trust company or other corporation.
(3) Any resolution or resolutions authorizing any bonds may contain provisions which shall be part of the contract with the holders of the bonds, as to:
a. Pledging any and all revenue received by the airport commission in the operation of said airport facilities after operational costs.
b. The rates of any charges by said commission for the use of the facilities of said commission and the use and disposition of such revenues.
c. The setting aside of reserve and sinking funds and the rate and disposition thereof.
d. Limitations on the purposes to which the proceeds of sale of any issue of bonds to be issued may be applied.
e. Limitations on the issuance of additional bonds, and
f. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given.
(4) To do all things necessary or convenient to carry out all powers expressly given in this act.
Sec. 3. That it is hereby declared to be the policy of the State of North Carolina to promote, encourage and develop air transportation, service and facilities in connection with the commerce of the United States, and to foster and preserve in full vigor air transportation, and that Shallotte and Ocean Isle, individually or jointly, are hereby declared to be an area which should be developed in connection with the interior of the State of North Carolina and other states, and that it is hereby declared and deemed by the State of North Carolina necessary and desirable and in the public interest of the entire state that there shall be established air transportation facilities in areas of Shallotte and Ocean Isle in accordance with the provisions of the Acts of Congress in the United States and the laws of North Carolina. The said airport commission shall be regarded as performing an essential governmental function in undertaking the construction, maintenance and operation of the said facilities and in carrying out the provisions of this act in relation thereof, and shall be required to pay no taxes or assessment upon any of the properties acquired or used by it for such purposes.
Sec. 1. The mayor of the Town of Shallotte, in Brunswick County, shall receive as compensation for his services the sum of $300 per annum, to be paid in equal monthly installments out of the general fund of said town.
Sec. 1. G.S. § 18-127 is hereby amended by adding at the end thereof the following:
“The Town of Shallotte is hereby authorized to hold an election as provided in this section, notwithstanding the population limitation or any previous vote by the county. Provided, that in such election the only issue submitted shall be for the “off-premises” sale of beer.”