(A) Organization. The police organization of the town shall consist of a Chief and as many police officers as the Council shall, from time to time, determine and elect and as many special police officers as the Council may deem necessary, in its judgment, to appoint for special purposes.
(Prior Code, § 12.1.01)
(B) Uniforms provided. The Chief of Police and other police officers shall wear the uniforms as shall be prescribed by the Town Council and shall keep the same in neat condition and, upon discharge or resignation or dismissal, surrender the uniform when the same shall have been purchased by the town for their use.
(Prior Code, § 12.1.02)
(C) Police to report condition of streets and sidewalks. It shall be the duty of the police officers to report to the Town Manager all sidewalks or streets on their beats or which come under their observation which are in bad condition, the location of the sidewalk or street, the names of the owners or their agents, and shall report all nuisances to the Town Manager.
(Prior Code, § 12.1.03)
(D) Auxiliary law enforcement personnel.
(1) The town provides for the organization of an auxiliary police department made up of volunteer members.
(2) The town, by enactment of this section, may provide that, while undergoing official training and while performing duties on behalf of the town pursuant to orders or instructions of the Chief of Police of the town, auxiliary law enforcement personnel shall be entitled to benefits under the State Workers' Compensation Act, being G.S. §§ 97-1 et seq. and to any fringe benefits for which the volunteer personnel qualify.
(3) Each member shall be appointed by the Chief of Police and shall serve so long as the Chief of Police may determine. Members shall assist and aid the regular police of the town.
(4) The auxiliary unit shall have full police powers while on duty or under the control and direction of the Chief of Police.
(5) The Chief of Police shall prescribe rules and regulations for the conduct, control and administration of the auxiliary unit. The town shall provide uniforms and equipment as the Chief may deem necessary and proper.
(6) Each member of the auxiliary unit shall take the same oath as other police officers and be covered by the same bond and have the same privileges and immunities of regularly employed police officers, including, but not limited to, benefits under the state workers' compensation.
(Prior Code, § 12.1.04)
Cross-reference:
Chief of Police, Tax Collector, Superintendent of Public Works, see § 32.02
(A) Committee formation. There is hereby created a committee composed of five members to be known as the Town Parks and Recreation Advisory Committee.
(Prior Code, § 10.1.01)
(B) Committee powers and duties.
(1) The Parks and Recreation Committee shall serve as the advisory body for the town. The Committee shall suggest policies to the Town Manager and the Town Council within its powers and responsibilities as stated in this section. The Committee serves as a liaison between the Town Manager, the Town Council and citizens of the town. The Committee shall consult with and advise the Town Manager and the Town Council in matters that affect park/recreation policies, programs, personnel, finances, facilities and the acquisition and disposal of lands and properties related to the total community recreation program, and to its long-range projected program for parks and recreation.
(2) The Parks and Recreation Advisory Committee shall assume specific duties and responsibilities for park/recreation purposes as follows:
(a) Make recommendations to the Town Manager and Town Council concerning the operation of Floyd Crouse Memorial Park;
(b) Make recommendations to the Town Manager and Town Council for the establishment of a supervised park/recreation system for the town;
(c) Review and pass judgment upon suggestions or recommendations on parks, policies, procedures and programs coming from the Town Manager, Town Council, town citizens or groups and organizations;
(d) Interpret the community park/recreation program and needs to public officials and the general citizenship;
(e) Serve as a referral body on park/recreation matters coming directly to the Town Manager and Town Council and make recommendations on these items;
(f) Enlist favorable public opinion of and support for park and recreation services through such means as community and neighborhood groups;
(g) Assist the Town Manager in developing cooperative arrangements with other organizations and private groups when it will further the objective of providing more and varied kinds of park and recreation programs for the citizens of the community;
(h) Recruit voluntary leadership staff to work with the park and recreation programs and activities;
(i) Recommend and advise on the acceptance of any grant, gift, bequest, donation and any personal or real property made available for park/recreation purposes;
(j) Assist in matters relating to the maintaining of the highest standards in park operation and development, park/recreation leadership and in the quality of the park program service;
(k) Assist in formulating plans for the future needs in terms of parks, programs, areas, facilities, services, acquisitions and development and advise the town on developing priorities for each of these;
(l) Advise and assist the Town Manager in preparation of a parks and recreation budget by reviewing the financial needs for parks and recreation and interpreting the needs to the Town Manager, Town Council and general public;
(m) Assist the Town Manager and Town Council in evaluating recreation programs, facilities, policies and procedures; and
(n) Serve as a review committee and make recommendations to the Town Manager concerning selection and hiring of any park and recreation personnel.
(Prior Code, § 10.1.02)
(C) Appointment of the Committee. Each member of the Committee shall be appointed by the Town Council. The Town Council shall appoint two members for a term of two years and three members for a term of three years. Upon the expiration of their original terms, each succeeding term shall be for three years and until their successors qualify for office. Members are eligible for reappointment after expiration of their term. A Town Council member shall be designated as an ex-officio member of the Committee. The ex-officio member will not have a vote on items coming before the Parks and Recreation Advisory Committee.
(Prior Code, § 10.1.03)
(D) Meetings. Committee meetings shall be held on a monthly basis unless determined otherwise by the Committee. The Chairperson of the Committee or, in his or her absence, the Vice Chairperson, may call a special meeting of the Committee at any time by giving each member 24 hours' notice. Special meetings will be scheduled upon request by four or more Committee members. A quorum of the Committee shall be in attendance before action of an official nature can be taken. A quorum is at least three of the appointed members.
(Prior Code, § 10.1.04)
(E) Attendance of members; vacancies. An appointed member who misses more than three consecutive unexcused regular meetings loses his or her status as a member of the Committee. Any vacancy in the membership of the Committee shall be filled for the unexpired term by appointment by the Town Council.
(Prior Code, § 10.1.05)
(F) Compensation. Committee members shall serve without monetary compensation. Members shall be reimbursed for travel and subsistence to professional recreation meetings, conferences and workshops with the reimbursement being made in compliance with the general policies of the town.
(Prior Code, § 10.1.06)
(G) Officers.
(1) There shall be a Chairperson, Vice Chairperson and Secretary of the Committee. The Town Council shall appoint the first Chairperson and Vice Chairperson and the Committee shall elect the first Secretary. After the first year, an annual election of the Chairperson, Vice Chairperson and Secretary shall be held by the Committee members and shall occur at the regular monthly meeting in June.
(2) Officers shall serve for one year from election with eligibility for reelection. New officers shall take office at the subsequent regular meeting in July. In the event an officer's appointment to the Committee is terminated, a replacement to this office shall be elected by the Committee from its membership at the meeting following the termination.
(Prior Code, § 10.1.07)
(H) Officers' duties.
(1) The Committee Chairperson shall plan an agenda for each regular meeting, preside at all meetings, sign all documents and appoint all subcommittees. At the regular monthly meeting in January, the Chairperson shall hold an election to select a new Chairperson and Vice Chairperson from the membership of the Committee.
(2) When the Chairperson is absent, the Vice Chairperson shall perform duties of the Chairperson. When both the Chairperson and Vice Chairperson are absent, a temporary Chairperson shall be selected by those members who are present.
(3) The Secretary shall serve as Secretary to the Committee and be responsible for the satisfactory accomplishment of the secretarial duties. The Secretary shall mail copies of official reports and the official minutes of all regular and special meetings to all members prior to the next scheduled meeting.
(Prior Code, § 10.1.08)
(I) Committees.
(1) The Executive Committee shall consist of the Chairperson, Vice Chairperson, Secretary and the designee from the Town Council.
(2) The Committee Chairperson is authorized to appoint subcommittees if, in the opinion of the Committee, they are needed. Subcommittee suggestions are:
(a) Program and activities;
(b) Areas and facilities;
(c) Budget and financing; and
(d) Policies and procedures.
(3) Temporary and project committees shall be appointed as needed.
(Prior Code, § 10.1.09)
(J) Bylaws. Operational policies and procedures may be incorporated into a set of bylaws as developed and approved by the Committee in line with this section and the policies of the town.
(Prior Code, § 10.1.10)
(K) Adoption. This section shall be in full force and effect from and after the adoption.
(Prior Code, § 10.1.11)
(A) Duty of the Chief in case of fire. Whenever a fire shall occur in the town, it shall be the duty of the Chief to report immediately to the place of the fire and take active charge of the fighting thereof.
(Prior Code, § 6.1.01)
(B) Chief to investigate cause of every fire. Immediately after the occurrence of any fire, the Chief shall investigate or shall cause to be investigated the cause, origin and circumstances thereof, and, as far as possible, shall determine whether the fire was the result of accident, carelessness or design. If he or she has reason to believe that the fire was of suspicious origin, he or she shall notify the proper authorities designated by law to pursue the investigation of the matter and shall further cooperate with the authorities in collecting of evidence and in the prosecution of the case when properly instituted.
(Prior Code, § 6.1.02)
(C) Record of fires to be kept. The Chief shall keep, or shall cause to be kept, an accurate record of all fires occurring in the town. For each fire, the following information shall be secured and kept:
(1) Location of premises;
(2) Owner;
(3) Brief description of premises whether of brick, stone, concrete, iron or wood;
(4) How occupied, whether as dwelling, storehouse, factory, workshop or otherwise;
(5) Amount and nature of damages as to both real and personal property;
(6) Amount of insurance;
(7) Cause of fire; and
(8) Date.
(Prior Code, § 6.1.03)
(D) Inspection to be made. It shall be the duty of the Chief to inspect or cause to be inspected, as often as may be necessary, but not less than four times a year, all specially hazardous manufacturing processes, storage or installations of acetylene or other gases, chemicals, oils, explosives and inflammable materials, all interior fire alarms and automatic sprinkler systems and other hazards or appliances, as may be necessary for the enforcement of the law and ordinance governing the same and for the safeguarding of life and property from fire. It shall also be the duty of the Chief to inspect or cause to be inspected as often as may be necessary, but not less than twice a year in outlying districts and four times a year in closely built portions of the town, all buildings and premises, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions or intent of any ordinance of the town affecting fire hazards.
(Prior Code, § 6.1.04)
(E) Inspection to be made upon complaint. Whenever any person shall make written complaint to the Chief that any business or premises constitutes a fire hazard, it shall be the duty of the Chief to have same inspected immediately.
(Prior Code, § 6.1.05)
(F) Chief to order fire hazards remedied. Whenever the Chief shall find that any building or any premises constitutes a fire hazard, for any reason, he or she shall serve or cause to be served upon the owner and the occupant of the building a written notice specifying the condition complained of, ordering the same remedied promptly and indicating what is considered a reasonable time for compliance with the order.
(Prior Code, § 6.1.06)
(G) Failure to comply with order unlawful. It shall be unlawful for any occupant or owner of the building or premises to fail to comply within a reasonable time after the service of any order with the requirements thereof.
(Prior Code, § 6.1.07)
(H) Power of members of Fire Department. Any member of the Fire Department or any person acting under the orders of the Chief shall have the right to go upon the premises of any person, and to enter any building or room and insert the hose and turn on the water whenever, in the judgment of the Chief, it shall be necessary.
(Prior Code, § 6.1.08)
Penalty, see § 10.99
Cross-reference:
Fire Prevention; Fire Districts, see Ch. 91
(A) Planning Board creation. A Town Planning Board is hereby created under the authority of the G.S. § 160-A-361.
(Prior Code, § 11.1.01)
(B) Composition and vacancies. The Planning Board, hereinafter referred to as the "Board", will consist of eight members, citizens of the town who shall be appointed by the Town Council. Two members shall be appointed for a term of four years, two members shall be appointed for a term of three years. Two members shall be appointed for a term of two years and two members shall be appointed for a term of one year. As the terms of these members expire, new appointments for terms of four years shall be made. Vacancies, occurring for reasons other than expiration of terms, shall be filled as they occur by the Town Council for the period of the unexpired term. Faithful attendance of the meetings of the Board is considered a prerequisite for the maintenance of membership on the Board.
(Prior Code, § 11.1.02)
(C) Organization, rules, meetings and records. Within 30 days after appointment, the Board shall meet and elect a Chairperson and create and fill offices as it may determine. The term of the Chairperson and other officers shall be one year with eligibility for re-election. The Board shall adopt rules for transaction of business and shall keep a record of its members' attendance and of its resolutions, discussions, findings and recommendations, which record shall be a public record. The Board shall hold at least one meeting monthly, and all of its meetings shall be open to the public.
(Prior Code, § 11.1.03)
(D) Removal of members. Members of the Board may, after a public hearing, be removed by the Town Council for inefficiency, neglect of duty or malfeasance in office.
(Prior Code, § 11.1.04)
(E) Compensation. All members of the Board shall serve without compensation.
(Prior Code, § 11.1.05)
(F) Expenditures, incurring indebtedness, donations. The expenditures of the Board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the Town Council and no indebtedness for which the town shall be contracted or incurred by the Board unless an appropriation is made by the Town Council for that purpose, as authorized by law, and then only to the extent of the appropriation. The Board shall have the right to accept grants and donations for the exercise of its functions and may expend the money received from the gifts and donations in a manner, which, in the judgment of the Board, is consistent with the best interest of the planning program.
(Prior Code, § 11.1.06)
(G) Powers and duties.
(1) Studies. The Board shall make careful studies of present conditions and the probable future development of the town and its environs. The studies may include, but not be limited to, land use surveys; population studies; economic base studies; school, park and recreation studies; traffic and parking studies and urban renewal studies.
(2) Plans. The Board shall prepare and from time to time amend and revise a Comprehensive Plan of the town and its environs for the purpose of achieving a coordinated, adjusted and harmonious development of the municipality which would promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity and general welfare of its citizens; efficiency and economy in the process of development, convenience of traffic; safety from fire and other dangers; adequate light and air; healthful and convenient distribution of population; provision of adequate open spaces; good civic design and arrangement; wise and efficient expenditures of public funds; adequate provision for public utilities; and for other matters pertaining to the public requirements. The Board shall prepare and recommend to the Town Council ordinances promoting orderly development along the lines indicated in the Comprehensive Plan. The Comprehensive Plan shall consist of a number of parts which may include, but not be limited to, the following: a land use plan, a major thoroughfare plan, a utilities plan, a plan for economic development, a recreation plan, a community facilities plan and school plan.
(3) Zoning. The Board is, also, hereby designated to do zoning planning for the town and shall prepare a zoning ordinance to govern the use of buildings and premises which ordinances shall be submitted to the Town Council for its consideration and possible adoption. After the adoption of a zoning ordinance by the Town Council, no change, alteration or amendment of the ordinance shall be made until the change, alteration or amendment shall have been submitted to the Board for its recommendation. A majority vote by not less than four-fifths of the entire membership of the Town Council will be required to overrule an unfavorable recommendation by the Planning Board. Failure of the Board to act within 30 days after submission shall constitute approval of the proposed change, alteration or amendment.
(4) Subdivision regulations. The Board may prepare subdivision regulations governing the subdivision of land within the town and its environs to be submitted to the Town Council for its consideration and possible adoption. Upon adoption of the regulations, the Planning Board shall review and make recommendations to the Town Council concerning all proposed plats of land subdivision.
(5) Powers of review. The Board shall review and make recommendations to the Town Council upon the extent, location and design of all public structures and facilities, on the acquisition and disposal of public properties, on the opening, abandonment, widening, extension, narrowing and other change to streets and other public ways, on the construction, extension, expansion or abandonment of utilities whether publicly or privately owned. However, in the absence of a recommendation from the Board after the expiration of 30 days from the date on which the question has been submitted in writing to the Board, the Town Council may, if it deems wise, take final action.
(6) Annual report. The Board shall, not later than May 15 of each year, submit in writing to the Town Council a written report of its activities, analysis of the expenditures to date for the current fiscal year, proposed planning program for the next fiscal year, for review and approval and a proposed budget for the next fiscal year.
(7) Miscellaneous powers and duties. The Planning Board may conduct public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive Plan. Before adopting any plan, it shall hold one public hearing thereon. Members or employees of the Board, when duly authorized by the Planning Board may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation and the Planning Board may, by formal and affirmative vote, pay, within the Board's budget, the reasonable traveling expenses incident to the attendance.
(Prior Code, § 11.1.07)