CODE OF ORDINANCES OF THE CITY OF BURLINGTON NORTH CAROLINA

____________

CHARTER AND GENERAL ORDINANCES
OF THE CITY

____________

Adopted, May 3, 1977
Effective, July 5, 1977

____________

Published by Order of the Town Council

____________

M	MUNICIPAL CODE CORPORATION
C C	Tallahassee, Florida       1988

 

OFFICIALS

OF THE

CITY OF BURLINGTON, NORTH CAROLINA

____________

Ronnie K. Wall

Mayor

____________

David R. Huffman

Mayor Pro Tem

____________

James B. Butler
Stephen M. Ross
Celo I. Faucette
Councilmembers

____________

Harold T. Owen
City Manager

____________

Jondeen D. Terry
City Clerk

____________

Robert M. Ward
City Attorney

PREFACE

This Code is a codification of the ordinances of Burlington, North Carolina of a general and permanent nature, as republished in 1988. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table appearing in the back of the volume, any ordinance included herein can be readily located in the Code.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1, is numbered 1-1 and the sixteenth section of Chapter 10 is 10-16. Under this system, each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 4-4 and 4-5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2 and 4-4.3 respectively. New chapters may be included by the addition of a fraction after the chapter number; e.g., if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Indices

The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officers and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he or she is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised pages are received, it will become the responsibility of the holder to have them inserted according to the attached instructions. It is strongly recommended by the publisher that all such pages be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code in May 1977 was under the direct supervision of George R. Langford, President, and Ronald K. McLaughlin, of the editorial staff of the Municipal Code Corporation, Tallahassee, Florida. Republication of the Code in 1988 was under the direction of A. Lawton Langford, President, Robert L. Laslie, Vice-President, and Julie A. Weiler, Supplement Editor, of Municipal Code Corporation. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Mr. Robert M. Ward, City Attorney, for his supervision, cooperation and assistance during the progress of the work on this Code.

	MUNICIPAL CODE CORPORATION
	Tallahassee, Florida

 

ORDINANCES ADOPTING REPUBLICATION

ORDINANCE NO. 88-25

An Ordinance Adopting the Republication of the Code of Ordinances, City of Burlington, North Carolina.

Be It Ordained By the City Council of the City of Burlington, North Carolina:

Sec. 1. The City Council hereby adopts the republication of the Code of Ordinances, City of Burlington, North Carolina.

Sec. 2. That this ordinance shall take effect upon passage.

Enacted May 17, 1988.

ORDINANCE NO. 88-28

An Ordinance Adopting the Republication of the Code of Ordinances, City of Burlington, North Carolina.

Be It Ordained By the City Council of the City of Burlington, North Carolina:

Sec. 1. The City Council hereby adopts the republication of the Code of Ordinances, City of Burlington, North Carolina.

Sec. 2. That this ordinance shall take effect upon passage.

Enacted June 7, 1988.

ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Burlington, North Carolina; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Effective Date of Such Code and a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When This Ordinance Shall Become Effective.

Be It Ordained By the City Council of the City of Burlington, North Carolina:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 37, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Burlington, North Carolina," and shall be treated and considered as the new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before December 21, 1976, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after July 5, 1977, and all ordinances of a general and permanent nature of the City of Burlington enacted on final passage on or before December 21, 1976, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after July 5, 1977, except as hereinafter provided. No resolution of the City not specifically mentioned, is hereby repealed.

(a)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(b)

Any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness;

(c)

Any contract or obligation assumed by the City;

(d)

Any ordinance fixing the salary of any City officer or employee;

(e)

Any right or franchise granted by the City;

(f)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the City;

(g)

Any appropriation ordinance;

(h)

Any ordinance which, by its own terms, is effective for a stated or limited term;

(i)

Any ordinance providing for local improvements and assessing taxes therefor;

(j)

Any subdivision ordinance or ordinance dedicating or accepting any subdivision plat;

(k)

Any ordinance describing or extending the boundaries of the City;

(l)

Any ordinance designating one-way streets, stop intersections, intersections at which traffic-control signals are to be installed, areas or spaces in which the parking of vehicles is prohibited or limited, intersections at which the turning of vehicles is prohibited, restricted or regulated, or any other ordinance regulating traffic on specific streets or portions thereof or in specific areas of the City;

(m)

Any ordinance enacted after December 21, 1976.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any provision of such Code shall be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment not exceeding thirty (30) days, as provided in Section 1-4 of such Code.

Section 5. That any and all additions and amendments to such Code, when passed in such form to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code, so that reference to the Code of Ordinances of the City of Burlington, North Carolina, shall be understood and intended to include such additions and amendments.

Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-4 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned penalty, is provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Burlington to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. This ordinance shall become effective on the 5th day of July 1977.

PASSED AND APPROVED this 3rd day of May, 1977.

	/s/ Paul W. Andrews Mayor
(SEAL)
ATTEST:
/s/ William R. Baker City Clerk
	APPROVED AS TO FORM:
	/s/ Robert M. Ward City Attorney