The ordinances embraced in this and the following chapters and sections shall constitute and be designated as the "Code of Ordinances, Town of St. Pauls, North Carolina" and may be so cited. Such Code may also be cited as the "St. Pauls Town Code."
(Code 1974, § 1-1)
State law reference— Codification of ordinances, G.S. 160A-77.
In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the board of commissioners, or the context clearly requires otherwise:
Board of commissioners. The term "board of commissioners" shall mean the governing body of the Town of St. Pauls, North Carolina.
Charter. The word "Charter" shall mean and refer to the Charter of the Town of St. Pauls, North Carolina, as printed in part I of this volume.
Code. Reference to "this Code" or "the Code" shall mean and refer to the Code of Ordinances, St. Pauls, North Carolina, as designated in section 1-1.
Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Saturday, Sunday or a legal holiday, that shall be excluded.
State law reference— Computation of time, G.S. 1-593.
County. The word "county" shall mean the County of Robeson in the State of North Carolina, except as otherwise provided.
Gender. Words importing the masculine gender shall include the feminine and neuter.
Governor. The word "governor" shall mean the governor of the State of North Carolina.
G.S. The designation "G.S." appearing in the text or in state law references or other notes shall mean and refer to the latest edition of the General Statutes of North Carolina, as amended.
Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Month. The word "month" shall mean a calendar month.
Number. Words used in the singular include the plural, and the plural includes the singular number.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Official time standard. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time, as may be in current use in this town.
Owner. The word "owner" applied to any property shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such property.
Person. The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.
Personal property. The term "personal property" shall include every species of property except real property as defined in this section.
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
Property. The word "property" shall include real and personal property.
Real property. The term "real property" shall include lands, tenements and hereditaments.
Shall and may. The word "shall" is mandatory, and the word "may" is permissive.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
Signature or subscription. The word "signature" or "subscription" includes a mark when the person cannot write.
State. The word "state" shall be construed to mean the State of North Carolina, except as otherwise provided.
Street. The word "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge, and the approaches thereto within the town, and shall mean the entire width of the right-of-way between abutting property lines.
Tenant. The words "tenant" or "occupant" applied to a building or land shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Town. The words "the town" shall mean the Town of St. Pauls, in the County of Robeson and the State of North Carolina, except as otherwise provided.
Writing. The words "writing" and "written" shall include printing and any other mode of representing words and letters.
Year. The word "year" shall mean a calendar year.
(Code 1974, § 1-2)
State law reference— Similar rules of construction of statutes, G.S. 12-3.
The provisions appearing in this Code, so far as they are the same as those of ordinances adopted prior to the adoption of this Code and included in this Code, shall be considered as continuations thereof and not as new enactments.
(Code 1974, § 1-3)
The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
The history notes appearing in parentheses after each section and the references and notes scattered throughout the Code are for the benefit of the user of the Code and shall have no legal effect.
(Code 1974, § 1-4)
It is hereby declared to be the intention of the board of commissioners that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since they would have been enacted by the board of commissioners without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.
(Code 1974, § 1-5)
Unless otherwise specifically provided, violation of any provision of this Code or any other town ordinances shall be a misdemeanor, as provided by G.S. 14-4.
Violation of any provision of this Code or any other town ordinance shall subject the offender to a civil penalty to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within a period of time prescribed by the court after he has been cited for such violation.
Any provision of this Code or any other town ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the general court of justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.
Any provision of this Code or any other town ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue such orders. When a violation of such a provision occurs, the town may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Code or such ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
The provisions of this Code and any other town ordinance may be enforced by any one, all or a combination of the remedies authorized and prescribed by this section.
Except as otherwise specifically provided, each day's continuing violation of any provision of this Code or any other town ordinance shall be a separate and distinct offense.
(Code 1974, § 1-6)
State law reference— Similar provisions, G.S. 160A-175; penalty for violation of town ordinances, G.S. 14-4.
All ordinances passed subsequent to this Code which amend, repeal or in any way affect any section or subsection of this Code shall be numbered consecutively but shall refer specifically to the section or subsection affected and printed for inclusion in this Code. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions shall 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 of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are readopted as a new code by the board of commissioners.
Amendments of any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following manner: "That section ;#rule; of the Code of Ordinances, Town of St. Pauls, North Carolina, is hereby amended to read as follows: …." The new provisions shall then be set out in full.
If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, Town of St. Pauls, North Carolina, is hereby amended by adding a new section to be numbered section ;#rule;, which shall read as follows: …." The new section shall then be set out in full.
All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number in the following language: "That section, chapter or article ;#rule; of the Code of Ordinances, Town of St. Pauls, North Carolina, is hereby repealed."
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:
Any ordinance promising or guaranteeing the payment of money of the town, or authorizing the issuance of any bonds of the town, or any evidence of the town's indebtedness.
Any ordinance providing for public improvements and assessments therefor.
Any zoning ordinance or any ordinance regulating or otherwise relating to the subdivision of land.
Any appropriation ordinance or ordinance providing for an annual budget or for the transfer of funds and any ordinance levying or imposing taxes.
Any ordinance annexing territory to the town or discontinuing territory as a part of the town.
Any ordinance granting any franchise, permit or other right.
Any ordinance approving, authorizing or otherwise relating to any contract or agreement.
Any ordinance setting utility rates or fees.
Any ordinance setting salaries for town officials or employees.
Any personnel ordinance.
All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
By contract or by town personnel, supplements to this Code shall be prepared on an annual basis. A supplement to the Code shall include all substantive, permanent and general parts of ordinances passed by the board of commissioners during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement.
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
When preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
Organize the ordinance material into appropriate subdivisions.
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles.
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers.
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ;#rule; to ;#rule;" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code).
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.