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