ADOPTING ORDINANCE

ORDINANCE NO. 2018-O-64

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF WHITEVILLE, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES.

WHEREAS, the present general and permanent ordinances of the City of Whiteville are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

WHEREAS, the Acts of the Legislature of the State of North Carolina empower and authorize the City of Whiteville to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the City Council of the City of Whiteville has authorized a general compilation, revision and codification of the ordinances of the City of Whiteville of a general and permanent nature and publication of such ordinance in book form; and

WHEREAS, it is necessary to provide for the usual daily operation of the City of Whiteville and for the immediate preservation of the public peace, health, safety and general welfare of the City of Whiteville that this ordinance take effect at an early date.

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF CITY OF WHITEVILLE:

Section 1. The general ordinances of the City of Whiteville as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the City of Whiteville.”

Section 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following titles and chapters:

Title	Chapter
City Charter
I:   General Provisions	10.   General Provisions 11.   Boundaries of Extraterritorial Jurisdiction of City
II:    Administration	20.   City Council 21.    Finance and Organization 22.    Departments, Boards and Commissions 23.    Elections
III:    City Property	30.   Public Records 31.   Public Property
IV:   Public Safety	40.   Emergency Services 41.   Fire Protection and Prevention 42.   Police 43.   Firearms and Dangerous Weapons
V:   Public Works	50.   Garbage, Refuse and Recyclable Material 51.    Water and Sewers
VI:   City Administrative Functions	60.    Parades and Special Events 61.   Parks and Recreation
VII:   Traffic Code	70.    General Provisions 71.    Traffic Rules 72.    Stopping, Standing and Parking 73.    Bicycles and Non-Vehicular Modes of Transportation 74.   Golf Carts
VIII:   General Regulations	80.    Animals 81.    Littering 82.    Noise 83.    Nuisances 84.    Health and Sanitation 85.    Streets and Sidewalks 86.    Trees 87.    Abandoned Vehicles
IX:   Business Regulations	90.    Alcoholic Beverages 91.    Filming Activities 92.    Solicitation and Begging 93.    Taxicabs 94.    Yard Sales
X:   General Offenses	100.   Offenses Against Public Morals
XV:   Land Usage	150.   General Provisions 151.   Flood Damage Prevention 152.   Building Code 153.   Housing 154.   Subdivision Regulations 155.   Zoning Code 156.   Wireless Telecommunications Facilities or Complexes 157.   Work Within the Public Right-of-Way, Franchises, Licenses and Permits
Table of Special Ordinances	Table 1.   Annexations and Vacations Table 2.   Conditional Use Permits Table 3.    Franchises, Contracts and Agreements Table 4.    Subdivisions and Zoning Table 5.    Budgets

 

Section 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 4. Such Code shall be deemed published as of the day of its adoption and approval by the City Council and the Clerk of the City of Whiteville is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.

Section 5. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6. Ordinances adopted after May 8, 2018 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

SECTION III. SEVERABILITY CLAUSE. If any section, part of provision of this Ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, then it is expressly provided and it is the intention of the City Council in passing this Ordinance that its parts shall be severable and all other parts of this Ordinance shall not be affected thereby and they shall remain in full force and effect.

SECTION IV. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take effect upon adoption.

READ, CONSIDERED, PASSED AND APPROVED at a regular meeting of the City Council of Whiteville, North Carolina, at which a quorum was present and which was held on the 8th day of May 2018.

Votes: For      7 

Votes: Against      0

                                    CITY OF WHITEVILLE

                                    BY:               

                                       Terry L. Mann, Mayor

ATTEST:

BY:                        

   Bonnie T. Williams, City Clerk                           (SEAL)

APPROVED AS TO FORM:

Carlton F. Williamson

Williamson, Walton & Scott LLP

Attorney at Law

136 Washington Street

Whiteville, NC 28472

910-642-7151