Ordinances

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FREMONT, NORTH CAROLINA

TABLE OF CONTENTS

CHARTER

AND LOCAL ACTS

Chapter

TITLE I: GENERAL PROVISIONS

10. General Provisions

11. Election District Boundaries

TITLE III: ADMINISTRATION

30. Board of Aldermen

31. Town Officials

32. Departments, Boards, and Commissions

33. Finance

34. Municipal Property

TITLE V: PUBLIC WORKS

50. Garbage and Rubbish

51. Recycling

52. Town Utilities

53. Water and Sewers

54. Storm Drainage Facilities

55. Sewer Regulations

TITLE VII: TRAFFIC CODE

70. General Provisions

71. Traffic Regulations

72. Parking Regulations

73. Bicycles and Toy Vehicles

74. Traffic Schedules

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75. Parking Schedules

76. Golf Carts

Chapter

TITLE IX: GENERAL REGULATIONS

90. Abandoned and Junked Motor Vehicles

91. Animal Control

92. Civil Emergencies

93. Cemeteries

94. Fair Housing

95. Fire Prevention

96. Nuisances

97. Public Safety Telephone Service

98. Streets and Sidewalks

99. Trees and Shrubs

100. Cable Franchise

TITLE XI: BUSINESS REGULATIONS

110. Amusements

111. Licenses

112. Peddlers, Hawkers and Solicitors

113. Taxicabs

TITLE XIII: GENERAL OFFENSES

130. Offenses Against Town Regulations

TITLE XV: LAND USAGE

150. Building Code

151. Minimum Housing Standards

152. Subdivisions

153. Flood Damage Prevention

154. Zoning Code

TABLE OF SPECIAL ORDINANCES

Table

  1. Annexations

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  2. Town Boundaries

 

 

PARALLEL REFERENCES

References to General Statutes of North Carolina

References to 1985 Code

References to Motions

References to Resolutions

References to Ordinances

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INDEX

CHARTER AND LOCAL ACTS

OF THE TOWN OF FREMONT,

NORTH CAROLINA

 

CHARTER – REVISED MARCH 9, 2009

Section1.1 Incorporation

1.2 Powers

1.3 Corporate Boundaries

2.1 Town Governing Body; Composition

2.2 Town Board of Alderman; Composition; Terms of Office

2.3 Mayor; Term of Office; Duties

2.4 Mayor Pro Tempore

2.5 Meetings

2.6 Quorum; Voting Requirements

2.7 Qualifications for Office; Compensation; Vacancies

3.1 Regular Municipal Elections

3.2 Mode of Election

3.3 Nonpartisan Elections

3.4 Special Elections and Referenda

4.1 General Authority to Levy and Collect Taxes

4.2 Levy, Collection, and Payment of Property Taxes

4.3 Additional Remedies for Collection of Privilege License Taxes

4.4 Administration

5.1 Assessments for Street and Sidewalk Improvements, Petition Unnecessary

5.2 Power of Eminent Domain

6.1 Abatement of Public Health Nuisances

6.2 Chronic Nuisance Violators

6.3 Junked Motor Vehicle

Section 1

The Charter of the Town of Fremont is revised and consolidated to read as follows:

Sec. 1.1 Incorporation

The Town of Fremont in Wayne County, and the inhabitants thereof shall continue to be a municipal body politic and corporate, under the name of the “Town of Fremont,” hereinafter at times referred to as the “Town.”

Sec. 1.2 Powers

The Town shall have and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the Town of Fremont specifically by this Charter or upon municipal corporations by general law. The term “general law” is employed herein as defined in G.S. 160A-1.

Sec. 1.3 Corporate Boundaries

The corporate boundaries shall be those existing at the time of ratification of this Charter, as set forth on the official map of the Town and as they may be altered from time to time in accordance with law. An official map of the Town, showing the current municipal boundaries, shall be maintained permanently in the office of the Town Clerk and shall be available for public inspection. Upon alteration of the corporate limits pursuant to law, the appropriate changes to the official map shall be made and copies shall be filed in the offices of the Secretary of State, the Wayne County Register of Deeds, and the appropriate board of elections.

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CHARTER – REVISED MARCH 9, 2009

2.1 Town Governing Body; Composition

The Mayor and the Town Board of Alderman, hereinafter at times referred to as the “Board” shall be the governing body of the Town.

2.2 Town Board of Alderman; Composition; Terms of Office

The Board shall be composed of six members to be elected for terms of four years, or until their successors are elected and qualified.

2.3 Mayor; Term of Office; Duties

The Mayor shall be elected by all the qualified voters of the Town for a term of four years.

2.4 Mayor Pro Tempore

The Board shall elect one of its members as Mayor Pro Tempore to perform the duties of the Mayor during the Mayor’s absence or disability, in accordance with G.S. 160A-70.

2.5 Meetings

In accordance with general law, the Board shall establish a suitable time and place for its regular meetings. Special and emergency meetings may be held as provided by general law.

2.6 Quorum: Voting Requirements

Official actions of the Board and all votes shall be taken in accordance with applicable provision of general law, particularly G.S. 160A-75. The quorum provisions of G.S. 160A-74 shall apply.

2.7 Qualifications for Office: Compensation; Vacancies

The qualifications of the Mayor and Board members shall be in accordance with general law. The Mayor and Board members shall receive compensation as they shall from time to time determine. Vacancies shall be filled as provided in G.S. 160A-63.

3.1 Regular Municipal Elections

Regular Municipal elections shall be held in the town every four year beginning in 2011 and quadrennially thereafter, and shall be conducted in accordance with the uniform municipal election laws of North Carolina.

3.2 Mode of Election

The town shall be divided into six single-member electoral districts and the qualified voter of each district shall elect one board member who resides in the district, for the seat apportioned to that district.

3.3 Nonpartisan Elections

Municipal elections shall be conducted according to the nonpartisan plurality election method as provided by G.S. 163-292.

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CHARTER – REVISED MARCH 9, 2009

3.4 Special Elections and Referenda

Special elections and referenda may be held only as provided by general law or applicable local acts of the General Assembly.

4.1 General Authority to Levy and Collect Taxes

To raise revenue for defraying expenses incident to the proper government of the Town, the Board may annually levy and collect: (i) a tax on real and personal property and on all other property subject to taxation; (ii) a tax on all businesses, trades, professions, avocations, privileges, and franchises, carried on or enjoyed within the Town; and (iii) any other taxes permitted by general law.

4.2 Levy, Collection, and Payment of Property Taxes

(A) Except as otherwise herein provided, property taxes shall be imposed and collected in the manner provided by general law.

(B) Property taxes shall become due and payable on the date provided by general law. Interest shall be charged for late payment, and discounts may be allowed for prepayment of taxes, in the amounts and during the periods covered by general law.

4.3 Additional Remedies for Collection of Privilege License Taxes

In addition to any other civil or criminal remedy available to enforce the collection of privilege license taxes, the Town may employ the remedies of levy upon personal property, attachment and garnishment, in the manner of the subject to the limitations provided in general law.

4.4 Administration

The listing and appraisal of property and the levy and collection of property taxes in the Town shall in all respects be governed by the general laws of the State, except as they shall be specifically amended by this Charter.

5.1 Assessments for Street and Sidewalk Improvements, Petition Unnecessary

(A) In addition to any authority which is now or may hereafter be granted by general law to the Town for making street improvements, the Town may make street improvements and assess the cost thereof against abutting property owners in accordance with the provisions of this section.

(B) The Town may order street improvements and assess the total cost thereof against the abutting property owners, exclusive of the cost incurred at street intersections, according to one or more of the assessment bases set forth in G.S. 160A-216 et seq., without the necessity of a petition, upon the finding by the Board as a fact:

(1) That the street improvement project does not exceed 2,000 linear feet; and

(2) That such street or part thereof is unsafe for vehicle traffic, and it is in the public interest to make such improvements; or

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CHARTER – REVISED MARCH 9, 2009

(3) That it is in the public interest to connect two streets, or portions of a street already improved; or

(4) That it is in the public interest to widen a street, or part thereof, which is already improved, provided that assessments for widening any street or portion of street without a petition shall be limited to the cost of widening and otherwise improving such streets in accordance with the street classification and improvement standards established by the Town’s thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.

(C) For the purpose of this Article, the term “street improvement” shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters, and street drainage facilities.

(D) In addition to any authority which is now or may hereafter be granted by general law to the Town for making sidewalk improvements, the Board is hereby authorized without the necessity of a petition, to make or to order to be made sidewalk improvements or repairs according to standards and specifications of the Town, and to assess the total cost thereof against abutting property owners, according to one or more of the assessment bases set forth in G.S. 160A-216 et seq.; provided however, that regardless of the assessment basis or bases employed, the Town may order the cost of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street.

(E) In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this Article, the Board shall comply with the procedure provided by G.S. 160A-216 et seq., except those provisions relating to the petition of property owners and the sufficiency thereof.

(F) The effect of the act of levying assessments under the authority of this Article shall for all purposes be the same as if the assessments were levied under authority of G.S. 160A-216 et seq.

5.2 Power of Eminent Domain

The procedures provided in G.S. 136-103 et seq. as specifically authorized by G.S. 136-66.3(c), shall be applicable to the Town in the case of acquisition of lands, easements, privileges, rights-of-way and other interests in real property for streets, sewer lines, storm drains, waterlines, electric power lines, and other utility lines in the exercise of the power of eminent domain. The Town, when seeking to acquire such property or rights or easements therein or thereto, shall have the right and authority, at its option and election, to use the provisions and procedures as authorized and provided in G.S. 136-66(c) and G.S. 136-103 et seq., for any of such purposes without being limited to streets constituting a part of the State highway system; provided however, that the provisions of this section shall not apply with regard to properties owned by a private condemner except as permitted by G.S. 40A-5(b).

6.1 Abatement of Public Health Nuisances

The Town shall have authority to summarily remove, abate, or remedy everything in the Town limits, or within one mile thereof, that is dangerous or prejudicial to the public health or public safety pursuant to G.S. 160A-193.

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CHARTER – REVISED MARCH 9, 2009

6.2 Chronic Nuisance Violators

The Town may notify a chronic violator of the Town’s public nuisance ordinance that, if the violator’s property is found to be in violation of the ordinance, the Town shall, without further notice in the calendar year in which notice is given, take action to remedy the violation and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice shall be served by registered or certified mail. A chronic violator is a person who owns property whereupon, in the previous calendar year, the Town of Fremont gave notice of violation at least two times under any provision of the public nuisance ordinance. A property owner shall remain a chronic violator until one calendar year after the date of the property owner’s last violation.

6.3 Junked Motor Vehicle

In applying G.S. 160A-303.2 to the Town, junked motor vehicle means a vehicle that does not display a current license plate and that:

(1) Is partially dismantled or wrecked; or

(2) Cannot be self-propelled or removed in the manner in which it was originally intended to move; or

(3) Is more than five years old and appears to be worth less than $500.00.

Section 2

The purpose of this act is to revise the Charter of the Town of Fremont and to consolidate herein certain acts concerning the property, affairs, and government of the Town.

Section 3

The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act, are hereby repealed:

Chapter 244, Private Laws of 1903

Chapter 236, Private Laws of 1913

Chapter 123, Private Laws of 1917

Chapter 203, Private Laws of 1927

Chapter 66, Session Laws of 1957

Chapter 567, Session Laws of 1963

Chapter 113, Session Laws of 1971

Chapter 314, Session Laws of 1981, as to Fremont.

Section 4

No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

(1) Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this act.

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CHARTER – REVISED MARCH 9, 2009

(2) Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any provisions of law repealed by this act.

Section 5

No law heretofore repealed expressly or by implication, and no law granting authority which has been

exhausted, shall be revived by:

(1) The repeal herein of any act repealing such law, or

(2) Any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.

Section 6

All existing ordinances and resolutions of the Town of Fremont and all existing rules or regulations of departments or agencies of the Town of Fremont not inconsistent with the provisions of this act shall continue in full force and effect until repealed, modified, or amended.

Section 7

No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Fremont or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Section 8

If any part of this act or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Section 9

Whenever a reference is made in this act to a particular provision of the General Statutes and such provision is later amended, repealed, or superseded, the reference shall be deemed amended to refer to the amended General Statute or to the General Statute that most nearly corresponds to the statutory provision amended, repealed, or superseded.

Section 10

This act does not affect the terms of office of the current Mayor and Board of Aldermen of the Town of Fremont.

Section 11

This act is effective when it becomes law.

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Section1. An act to incorporate the town of Nahunta

2. An act to change the name of the town to Fremont

3. An act to extend the corporate limits

4. An act to amend the charter

5. An act to amend the charter

6. An act to amend the charter

7. An act to amend the charter

8. An act authorizing the town to sell electric power

9. An act relating to elections

10. An act relating to ballots

11. An act providing for four year term for mayor

12. An act to amend the merger of the Wayne County and Fremont Board of Education

13. An act relating to parking regulations

14. An act to change the time for Regular Board of Aldermen/Alderwomen Meeting

§ 1 AN ACT TO INCORPORATE THE TOWN OF NAHUNTA.

SECTION 1. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the town of Nahunta in the County of Wayne, be, and the same is hereby incorporated by the name and style of “The Town of Nahunta,” and shall be subject to all the provisions contained in the one hundred and eleventh (111th) chapter of the Revised Code.

SEC. 2. Be it further enacted, That the corporate limits of the said town shall be as follows; Beginning at a post on the Wilmington and Weldon Railroad, eighty poles North of the Warehouse, and runs South seventy-two East 40 poles to a post; then South eighteen West one hundred and sixty poles to a post; then North eighteen East one hundred and sixty poles to a post; thence South seventy-two West, crossing the railroad eighty poles to a post; then North eighteen East one hundred and sixty poles to a post; then South seventy-two East forty poles to the beginning.

SEC. 3. Be it further enacted that this Act shall be in force from and after its ratification.

Ratified the 18th day of February, A. D. 1867. (Private Laws of 1867, Ch.)

§ 2 AN ACT TO CHANGE THE NAME OF THE TOWN TO FREMONT.

SECTION 1. The General Assembly of North Carolina do enact that the name of the Town of Nahunta, in Wayne County shall be changed to the name of Fremont.

SEC. 2. That all laws coming in conflict with this act are hereby repealed.

SEC. 3. That this act shall be in force from and after its ratification.

Ratified the 1st day of April, A. D. 1869. (Private Laws of 1869, Ch.)

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§ 3 AN ACT TO EXTEND THE CORPORATE LIMITS.

SECTION 1. That the corporate limits of the town of Fremont, in Wayne County, shall be as herein designated, to-wit: Beginning in the center or Main Street, where it crosses the Wilmington and Weldon railroad track, and the center of said railroad track, running thence south, down the said railroad, six hundred and sixty yards; thence west, at right angles with said road, four hundred and forty yards; thence north, and parallel with said railroad track, thirteen hundred and twenty yards; thence east, eight hundred and eighty yards; thence south, and parallel to said railroad, thirteen hundred and twenty yards; thence west, four hundred and forty yards, to said railroad track.

SEC. 2. That all the qualified voters within the above described limits shall be and are hereby declared to be qualified voters in said town of Fremont on the first Monday of May, eighteen hundred and eighty-seven.

SEC. 3. That within thirty days from and after the passage of this act the board of commissioners of said town shall cause the above limits to be accurately surveyed and posts erected at the four corners thereof.

SEC. 4. That the board of commissioners of the said town of Fremont shall not assess real estate higher than the state and county, and the clerk of said board shall make his tax list from the copy of the state and county tax list of Nahunta Township, when filed in the office of the clerk of the county commissioners.

SEC. 5. That this act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 7th day of March, A. D. 1887. (Private Laws of 1887, Ch. 164)

§ 4 AN ACT TO AMEND THE CHARTER.

SECTION 1. That the commissioners of the town of Fremont, Wayne County, are hereby authorized to charge a tax for license to retail spirituous liquors not to exceed one hundred dollars.

SEC. 2. That this act shall be in force from and after its ratification.

Ratified the 13th day of March, A. D. 1895. (Private Laws of 1895, Ch. 305)

§ 5 AN ACT TO AMEND THE CHARTER.

SECTION 1. That the corporate limits of the town of Fremont shall be as follows: Beginning at Jenkins' crossing, in the center of said crossing and

the Atlantic Coast line Railroad, and running thence N. 64 degrees 51 minutes W. two thousand six hundred and forty (2,640) feet; thence N. 25 degrees 9 minutes E. six thousand nine hundred and eight (6,908) feet; thence S. 64 degrees 51 minutes E. five thousand two hundred and eighty (5,280) feet; thence S. 25 degrees 9 minutes W. six thousand nine hundred and eight (6,908) feet; thence N. 64 degrees 51 minutes W. two thousand six hundred and forty (2,640) feet to the first station.

SEC. 2. That the Board of Commissioners of the said town shall annually, and not oftener, levy and collect a tax on real and personal estate and on all such polls as are taxed by the General Assembly for public purposes, within the corporate limits, not to exceed 66 2-3 cents on each one hundred dollars of real and personal property and two dollars on each poll. And the said Commissioners shall have power to levy and collect a special or license tax on all persons, apothecaries and druggists excepted, retailing or selling intoxicating

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liquors of the measure of a quart or less, not exceeding five hundred dollars per annum, and in addition thereto shall have power to levy and collect a special or license tax upon all trades, professions, agencies, businesses, exhibitions and manufactories in said town, and upon all subjects of taxation which are now or may be hereafter taxed for State purposes, not to exceed double the amount of the taxes imposed by the State, and also upon all subjects of taxation which they are now authorized under their charter or under the general law regulating cities and towns to levy and collect.

SEC. 3. That the Board of Commissioners of said town shall appoint some suitable person to take the list of taxable property and polls in said town, and it shall be the duty of such person to sit with the tax listers for Nahunta and Great Swamp Townships at such times as the said listers shall take the lists of the property and polls of their respective townships within the corporate limits of said town.

SEC. 4. That the said town and its Board of Commissioners shall have all the powers conferred upon said town by its charter and upon cities and towns by the general law of the State.

SEC. 5. That all laws in conflict with this act are hereby repealed.

In the General Assembly read three times and ratified this 4th day of March, A. D. 1903.

(Private Laws of 1903, Ch.)

§ 6 AN ACT TO AMEND THE CHARTER.

SECTION 1. That the inhabitants of the town of Fremont shall be and continue, as they heretofore have been, a body politic and corporate, and henceforth the corporation shall bear the name and style of the Town of Fremont, and under such name and style is hereby invested with all property and rights of property which now belong to the corporation under any other corporate name or names heretofore used; and by its name may acquire and hold for the purpose of its government, welfare, and improvement, all such estate as may be devised, bequeathed, or conveyed to it, and shall have the right to contract and be contracted with, and sue and be sued, to plead and be impleaded, to purchase, hold and convey real or personal property.

SEC. 2. That the corporate limits of the town of Fremont shall be as follows: Beginning at Jenkins' crossing in the center of said crossing and the Atlantic Coast Line Railroad, and running thence north sixty-four degrees fifty-one minutes west two thousand six hundred and forty (2,640) feet; thence north twenty-five degrees nine minutes east six thousand nine hundred and eight (6,908) feet; thence south sixty-four degrees fifty-one minutes east five thousand two hundred and eighty (5,280) feet; thence south twenty-five degrees and nine minutes west six thousand nine hundred and eight (6,908) feet; thence north sixty-four degrees fifty-one minutes west two thousand six hundred and forty (2,640) feet to the first station.

SEC. 3. That there shall be on the first Monday in May, one thousand nine hundred and thirteen, and biennially thereafter, elected a mayor and five aldermen for said town, who shall hold their office until their successors are qualified.

SEC. 4. That the board of aldermen of said town shall appoint, at or before their meeting in March, one thousand nine hundred and thirteen, and biennially thereafter, a registrar of voters for each precinct in said town, who shall give ten days notice at the town hall in said town of Fremont of a registration of voters in and for said town. In case of vacancy in the position of registrars from any cause, the mayor of said town shall fill the vacancy.

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SEC. 5. That the registrars shall be furnished by said board of aldermen with the registration books, and it shall be the duty of the registrar to open his books, at the time and place designated, at least ten days before election, and to register therein the names of all persons applying for registration and entitled to register and vote. It shall be the duty of the registrars to keep the names of the white voters separate and apart from those of the colored voters.

SEC. 6. That said board of aldermen shall appoint judges or inspectors of election, who with the registrars shall open the polls and superintend the same on the day of election.

SEC. 7. That the mayor and aldermen shall hold their offices respectively until the next succeeding election, and until their respective successors are qualified.

SEC. 8. That the mayor, immediately after his election, and before entering upon the duties of his office, shall take before a justice of the peace the following oath, viz.:

“I, A. B., do solemnly swear that I will diligently endeavor to perform faithfully and truthfully, according to my best skill and ability, all the duties of the office of mayor of the town of Fremont while I continue therein; and I will cause to be executed as far as in my power lies, all the laws, ordinances, and regulations enacted for the government of the city; and in the discharge of my duties I will strive to do equal justice in all cases whatsoever.”

SEC. 9. That on Thursday succeeding the day of election the aldermen elected shall qualify by taking the oath of office before the mayor or a justice of the peace as prescribed for commissioners of incorporated towns.

SEC. 10. That the mayor of said town is hereby constituted an inferior court, and as such shall within the corporate limits of the town of Fremont have all the powers, jurisdiction, and authority of a justice of the peace in criminal cases, to issue process, and to hear and determine all causes of action which may arise upon the ordinances and regulations of the town, and to execute the by-laws and regulations made by the board of aldermen. The mayor shall further be a special court within the corporate limits of the town to arrest and try all persons who are charged with a misdemeanor for violating any ordinance of the city.

SEC. 11. That any violation of a town ordinance shall be a misdemeanor and shall be punished with a fine not more than fifty dollars or imprisonment for not more than thirty days, and no preliminary affidavit shall be necessary to give the mayor jurisdiction over the offenses against the town ordinances.

SEC. 12. That the mayor shall receive an annual salary to be fixed by the board of aldermen, to be paid in monthly installments, and when present he shall preside at all meetings of the board; and if there is an equal division upon any question, or in the election of officers by the board, he shall determine the matter by his vote; but he shall vote in no other case.

SEC. 13. That among the powers herein conferred upon the board of aldermen, they shall provide for repairing and draining the streets; take all proper means to prevent and extinguish fires; make regulations to cause the due observance of Sunday; appoint police; regulate, suppress, and relieve nuisances; preserve the health of the town from contagious or infectious diseases; appoint constables or officers to execute such precepts as the mayor and aldermen lawfully issue to them; to preserve the peace and order and execute the ordinances of the town; and shall appoint such other officers, clerks, and collectors and provide for the pay and prescribe the duties of all such other appointees as may be deemed necessary.

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SEC. 14. The board of aldermen shall have power to lay and open new streets within the corporate limits of the town and shall have power at any time to widen, enlarge, change, or extend or discontinue any street or streets within the corporate limits of the town, and shall have full power and authority to condemn, appropriate, or use any land or lands for any of the purposes named in this section, upon making a reasonable compensation to the owner or owners thereof.

SEC. 15. That in order to raise a fund for the expenses incident to the proper government of the town, the aldermen may annually levy and collect the following taxes, viz.: Upon all real estate and personal property within the corporate limits of the city; upon all money on hand; solvent credits; upon all polls and other subjects of taxation taxed by the General Assembly for public purposes.

SEC. 16. That the annual tax on property enumerated in the preceding section shall not exceed sixty-six and two-thirds cents on the one hundred dollars valuation thereof, nor shall the poll tax annually exceed two (2) dollars.

SEC. 17. That in addition to the subjects of taxation for State purposes, the aldermen shall have the power to levy and collect a special or license tax not to exceed one hundred dollars on all trades, professions, agencies, business operations, exhibitions, and manufactories in the town of Fremont.

SEC. 18. That all taxes levied by the board of aldermen shall be a lien upon the personal property of the taxpayers from the date of the levy thereon and upon the real property from the first day of June of the year in which the said tax is levied, and in case of any delinquent taxpayer, the tax collector is authorized to levy upon and sell the personal property of such delinquent taxpayer, upon ten days notice after the first day of January, and to sell the real estate of such delinquent taxpayer after thirty days notice at any time after the first day of June in the year in which such tax is levied.

SEC. 19. The town of Fremont may establish a system of sewerage, may pave its streets and sidewalks, may establish a system of waterworks, may establish a gas, electric, or other plant for furnishing lights, or may improve the electric light plant now in operation, and may own and operate any or all of these improvements and may make other public improvements; and may apportion the cost of the same equally among the inhabitants; and for the purpose of providing such improvements may, as and when the board of aldermen may determine, issue its bonds from time to time to an amount not exceeding in the aggregate the sum of thirty thousand dollars ($30,000), of such denominations and in such proportions as the board of aldermen may deem advisable, bearing interest from the date thereof at a rate not exceeding six per cent per annum, with interest coupons attached, payable one-half-yearly, at such times and at such place or places as may be deemed advisable by said board, said bonds to be of such form and tenor and transferable in such way, and the principal thereof payable and redeemable at such time or times, not exceeding forty years from the date thereof, and at such place or places, as the board of aldermen may determine; said bonds may be issued for any of said purposes, or for two or more, or for all.

SEC. 20. That the bonds authorized to be issued by the foregoing section, and their coupons, shall not be subject to taxation by said town until after they become due and tender of payment shall have been made, and the coupons shall be received in payment of town taxes or other town dues.

SEC. 21. That for the purpose of providing for the payment of the interest accruing on and the principal at maturity of the bonds herein authorized, the board of aldermen of said town shall, annually and at the time of levying other town taxes, levy and lay a particular tax on all persons and subjects of taxation on which the board of aldermen are authorized to lay and levy tax for any purposes whatever, said particular tax not to be less than three cents nor more than four cents on the one hundred dollars assessed in valuation of property,

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LOCAL ACTS

and not less than nine cents nor more than twelve cents on each poll for each two thousand dollars ($2,000) of bonds so issued. The taxes provided for in this section shall be collected in the manner and at the times other town taxes are collected, and shall be accounted for and kept separate from other town taxes, and shall be applied exclusively to the purposes for which they are levied and collected. So much of said taxes as may not be required to pay the interest on the bonds issued as it falls due, and cannot be applied to the purchase or discharge of said bonds, shall be invested so as to secure the payment at maturity of the principal of said bonds.

SEC. 22. That before any of the bonds herein provided for shall be issued, the same shall first be submitted to the qualified voters of the town, after thirty days notice in some newspaper published in Wayne County, at an election to be held under the same rules and regulations as now prescribed for the election of mayor and aldermen of said town. Such notice shall set forth the object for which said bonds are to be used, the amount of the same, the rate of interest, the time when they mature and the rate of tax to be levied and collected to be the same. Those qualified voters approving the issue of such bonds and levying and collecting of taxes to pay the same shall deposit in a separate ballot box a written or printed ballot with the word “Approved” thereon, and those disapproving same shall deposit a like ballot with the word “Disapproved” thereon. If at such election a majority of such voters shall vote “Approved,” then the said board of aldermen shall issue the bonds provided for in such notice and shall levy and order the collection of taxes named and authorized by this act.

SEC. 23. That the town of Fremont shall have power, in its discretion, to assess owners of land abutting on streets paved by the town with an amount not to exceed one-third of the actual cost of such paving in front of such abutting land; and said town shall have like power of assessing not exceeding one-third of the actual cost of any sewer in front of such abutting land, but the costs of common outlets shall not be assessed, and the costs thereof as herein provided for may be assessed upon such abutting property and added to the taxes on the same, and collected in the same manner that other taxes for assessments are collected.

SEC. 24. That all laws, clauses in conflict with this act are hereby repealed.

SEC. 25. That this act shall take effect and be in force from and after its ratification.

Ratified this 3rd day of March, A. D. 1913. (Private Laws of 1913, Ch. 236)

§ 7 AN ACT TO AMEND THE CHARTER.

SECTION 1. That sections nineteen, twenty, twenty-one, and twenty-two of chapter two hundred and thirty-six of the Private Laws of North Carolina, session one thousand nine hundred and thirteen, be and the same are hereby repealed.

SEC. 2 That this act shall be in force from and after its ratification.

Ratified this the 12th day of February, A. D. 1917. (Private Laws of 1917, Ch. 123)

§ 8 AN ACT AUTHORIZING THE TOWN TO SELL ELECTRIC POWER.

SECTION 1. That the board of aldermen of the town of Fremont is authorized and empowered to sell and furnish, at wholesale or retail, electric power, to adjoining towns and its citizens, within a radius of eight miles of said town of Fremont, and with all persons, firms and corporations within a radius of five miles of its power transmission lines between the town of Fremont and the city of Goldsboro, N.C., and to make all such

6

LOCAL ACTS

contracts to and with said towns, persons, firms and corporations as are necessary and incidental to the furnishing and sale of said electric power.

SEC. 2. That all laws in conflict with this act are hereby repealed.

SEC. 3. That this act shall be in force from and after its ratification.

Ratified this the 7th day of March, A. D. 1927. (Private Laws of 1927, Ch. 203)

§ 9 AN ACT RELATING TO ELECTIONS.

SECTION 1. Section 3 of Chapter 236 of the Private Laws of 1913 is hereby amended by adding at the end thereof the following:

“Election of all of the officers mentioned in the preceding sentence, shall be determined by a majority of the votes cast. If in the case of an office no aspirant shall receive a majority of the votes cast, a second election shall be held in which only the two aspirants who shall have received the highest and the next highest number of votes shall be voted for: Provided, that if either of such two shall withdraw and shall file notice to that effect with the judges of election, such judges shall declare the other aspirant elected. Provided further, that unless the aspirant receiving the second highest number of votes shall, within five days of such election, notify the judges of election of his desire that a second election be called and held the aspirant receiving the highest number of votes cast shall be declared elected. “If a second election is called, it shall be held four weeks after the first election. The second election shall be in accord with the provisions herein set forth for elections. In no case shall there be a third election but the candidates receiving the highest number of votes in the second election shall be declared to be elected.”

SEC. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

SEC. 3. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this 19th day of March, 1957. (Session Laws of 1957, Ch. 66)

§ 10 AN ACT RELATING TO BALLOTS.

SECTION 1. G.S. § 163-175, as the same appears in the 1961 Cumulative Supplement to Volume 3C of the General Statutes, is amended by adding at the end thereof the following:

“The provisions of paragraph (6) of this Section shall apply to the general municipal elections in the Town of Fremont in Wayne County.”

SEC. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

SEC. 3. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 24th day of May, 1963. (Session Laws of 1957, Ch. 567)

7

LOCAL ACTS

§ 11 AN ACT PROVIDING FOR FOUR YEAR TERM FOR MAYOR.

SECTION 1. Section 3 of Chapter 236 of the Private Laws of 1913 as amended by Section l of Chapter 66 of the Session Laws of 1957 is hereby amended and rewritten to read as follows:

“Section 3. The Governing Board of the Town of Fremont shall be vested in a Mayor and a Board of Aldermen made up of five members. Regular elections shall be held biennially in the odd-numbered years. In the regular election in 1971, the two candidates for the Board of Aldermen receiving the highest number of votes and the Mayor elected in that election shall be declared elected for terms of four years and the three candidates for Aldermen who receive the next highest number of votes shall be declared elected for terms of two years. In the regular election in 1973, and quadrennially thereafter, there shall be elected three Aldermen to serve for terms of four years. In the regular election in 1975, and quadrennially thereafter, there shall be elected two Aldermen and a Mayor to serve for terms of four years. Any vacancy in the office of Mayor or Aldermen shall be filled by the Board of Aldermen for the remainder of the unexpired term. Except as otherwise provided herein, regular Town elections shall be conducted in accordance with the general laws relating to municipal elections.”

SEC. 2. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of March, 1971. (Session Laws of 1971, Ch. 113)

§ 12 AN ACT TO AMEND THE MERGER OF THE WAYNE COUNTY AND FREMONT

BOARD OF EDUCATION.

SECTION 1. The plan of consolidation and merger entered into pursuant to G.S. § 115-74.1

between the Wayne County Board of Education and Fremont City Board of Education on July 31, 1967, is amended by rewriting certain designated portions of the plan as follows:

“§ 3(e). The Chairman and the Vice Chairman of the Wayne County Board of Education shall be elected by the members of said Board of Education at the first regularly scheduled meeting in December of each year.”

“§ 5. The compensation to be paid members of the Wayne County Board of Education shall be determined and set by the Wayne County Board of Commissioners.”

SEC. 2. All laws in conflict with this act are hereby repealed.

SEC. 3. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of February, 1975.

(Session Laws of 1975, Ch. 14)

§ 13 AN ACT RELATING TO PARKING REGULATIONS.

SECTION 1. G.S. 20-162.1 is amended by deleting the words and figures “one dollar ($1.00)” as the same appears in the second paragraph and substituting in lieu thereof the words and figures “five dollars ($5.00).”

SEC. 2. This act applies to the Town of Fremont and the City of Goldsboro only.

SEC. 3. This act is effective upon ratification.

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LOCAL ACTS

In the General Assembly read three times and ratified, this the 4th day of May, 1981. (Session Laws of 1981, Ch. 314)§ 14 TIME CHANGE FOR REGULAR BOARD OF ALDERMEN/ALDERWOMEN MEETING

The time for the Regular Board of Aldermen/Alderwomen Meeting changed from 7:30 p.m. to 6:30 p.m. effective July 19, 2016.

TITLE I: GENERAL PROVISIONS

Chapter

10. GENERAL PROVISIONS

11. ELECTION DISTRICT BOUNDARIES

CHAPTER 10: GENERAL PROVISIONS

Section

10.01 Title of code

10.02 Interpretation

10.03 Application to future ordinances

10.04 Captions

10.05 Definitions

10.06 Rules of construction

10.07 Severability

10.08 Reference to officers, departments and boards

10.09 Reference to statutes

10.10 Reference to other sections

10.11 Errors and omissions

10.12 Official time

10.13 Reasonable time; computation

10.14 Ordinances confined to one subject

10.15 Effective date

10.16 Official copy

10.17 Effect of repeal of ordinance

10.18 Amendments to code

10.19 Altering code

10.20 Responsibility for violations by corporations

10.21 Ordinances cumulative

10.22 Ordinances repealed

10.23 Ordinances unaffected

10.24 Section histories; statutory references

10.99 General penalty

§ 10.01 TITLE OF CODE.

The provisions embraced in this and the following chapters and sections shall constitute and be designated the “Code of Ordinances, Town of Fremont, North Carolina” and may be so cited.

('85 Code, § 10.01)

§ 10.03 APPLICATION TO FUTURE ORDINANCES.

All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

§ 10.04 CAPTIONS.

The captions of the several sections, subsections, or ordinances or sections thereof of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the title of the sections, subsections, or ordinances or sections thereof, nor as any part of the section, nor shall they be so deemed when any of the sections, subsections, or ordinances or sections thereof, including the catch lines, are amended or reenacted, unless expressly so provided.

('85 Code, § 10.03)

1

CHAPTER 10: GENERAL PROVISIONS

§ 10.05 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Fremont - General Provisions

BOARD OF ALDERMEN. The Board of Aldermen of the Town of Fremont, Wayne County, North Carolina.

COUNTY. Wayne County, North Carolina.

KEEPER or PROPRIETOR. Persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent, or employee.

LAND. Rights and easements of an incorporeal nature.

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. 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.

OWNER. Applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or part of the building or land.

PERSON. Firms, societies, partnerships, associations, clubs, organizations, bodies politic and corporate and any other groups acting as a unit, as well as to individuals.

PERSONAL PROPERTY. Every species of property, except real property.

PROPERTY. Real and personal property.

REAL PROPERTY. Lands, tenements, and hereditaments.

SHALL. The act referred to is mandatory.

SIDEWALK. Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of North Carolina.

STREET. Street, avenue, boulevard, road, alley, lane, viaduct and any other public highway in the town.

2

CHAPTER 10: GENERAL PROVISIONS

SUBCHAPTER. A division of a chapter, designated in this code by an underlined heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

TENANT or OCCUPANT. Applied to a building or land, shall include any person who occupies the whole or part of the building or land, whether alone or with others.

TOWN. The Town of Fremont, in the County of Wayne, and the State of North Carolina, except as otherwise provided; and when the word is used in conjunction with an official's or employee's title they shall refer to the particular official or employee of the town of Fremont, North Carolina.

WRITING or WRITTEN. Printing and any other mode of representing words and letters.

YEAR. A calendar year.

('85 Code, § 10.04)

§ 10.06 RULES OF CONSTRUCTION.

(A) Gender. Words importing the masculine gender shall extend and be applied to females and to firms, partnerships, and corporations as well as to males.

(B) Number. Words importing the singular number only may extend and be applied to several persons and things as well as to one person and things, and words importing the plural shall include the singular.

(C) Preceding, following. The words “preceding” and “following” shall mean next before and next after, respectively.

(D) Or, and. “Or” may be read “and,” and “and” may be read “or” if the sense requires it.

(E) Tense. Words used in the past or present tense include the future as well as the past and present.

(F) Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving the authority to a majority of the persons or officers.

('85 Code, § 10.05)

§ 10.07 SEVERABILITY.

It is declared to be the intention of the Board of Aldermen 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 by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the Board of Aldermen without the incorporation in this code of any such unconstitutional phrase, clause, sentence, paragraph, or section.

('85 Code, § 10.06)

3

CHAPTER 10: GENERAL PROVISIONS

§ 10.08 REFERENCE TO OFFICERS, DEPARTMENTS AND BOARDS.

Whenever reference is made to any officer, department, board, commission or other town agent, agency, or representative, the reference shall be construed as if followed by the words “of the town of Fremont,” except as herein otherwise provided.

('85 Code, § 10.07)

§ 10.09 REFERENCE TO STATUTES.

Whenever reference is made, for example, to G.S. § 160A-272, it shall be construed to refer to the General Statutes of North Carolina, § 160A-272, as amended, or whatever section is cited.

('85 Code, § 10.08)

§ 10.10 REFERENCE TO OTHER SECTIONS.

Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodifies, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

('85 Code, § 10.09)

§ 10.11 ERRORS AND OMISSIONS.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

('85 Code, § 10.10)

§ 10.12 OFFICIAL TIME.

The official time, as established by applicable state/federal laws, shall be the official time within this town for the transaction of all town business.

§ 10.13 REASONABLE TIME; COMPUTATION.

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.

(B) 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.

('85 Code, § 10.11)

4

CHAPTER 10: GENERAL PROVISIONS

§ 10.14 ORDINANCES CONFINED TO ONE SUBJECT.

All ordinances shall be confined to one subject except appropriation ordinances which shall be confined to the subject of appropriations only.

('85 Code, § 10.12)

§ 10.15 EFFECTIVE DATE.

All ordinances shall be effective after the ratifications thereof except ordinances specifying some other effective date or ordinances required by state law to be effective only after having met specific date requirements.

('85 Code, § 10.14)

§ 10.16 OFFICIAL COPY.

A true copy of an ordinance which has been duly enacted by the Board of Aldermen, and attested by the Clerk shall be known as an official copy of any ordinance for the town. All ordinances or a true copy thereof shall be inserted in this code in the proper chapters.

('85 Code, § 10.15)

§ 10.17 EFFECT OF REPEAL OF ORDINANCE.

The repeal of any prior ordinance of the town by any subsequent ordinance shall not operate to revive the provisions of any ordinance which may have been repealed by the prior ordinance, unless the revival shall be expressly provided for. Ordinances repealed remain in force for the trial and punishment of all past violations of them, and for the recovery of penalties and forfeitures already incurred, and for the preservation of all rights and remedies existing by them and so far as they apply, to any office, trust, proceeding, right, contract or event, already affected by them.

('85 Code, § 10.16)

§ 10.18 AMENDMENTS TO CODE.

(A) All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections, and subsections or any part thereof, by subsequent ordinances, the repealed portions may be excluded from the code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted, in the case of repeal, shall be prima facie evidence of the subsequent ordinances until the time that this code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the Board of Aldermen.

(B) Amendments to any of the provisions of this code may be made by amending the provisions by specific reference to the section number of this code in the following language: “That Section__ of the Code of Ordinances, Town of Fremont, North Carolina, is hereby amended to read as follows: . . .” The new provisions shall then be set out in full as desired.

(C) In the event a new section not heretofore existing in the code, is to be added, the following language may be used: “That the Code of Ordinances, Town of Fremont, North Carolina, is hereby amended by adding a section, to be numbered__, which said section reads as follows: . . .” The new section shall then be set out in full as desired.

('85 Code, § 10.17)

5

CHAPTER 10: GENERAL PROVISIONS

§ 10.19 ALTERING CODE.

It shall be unlawful for any person in the town to change or amend by additions or deletions, any part or portion of this code or to insert or delete pages, or portions thereof, or to alter or tamper with this code in any manner whatsoever except pursuant to ordinance or resolution or other official act of the town Board of Aldermen, which will cause the law of the town to be represented thereby. Any person violating this section shall be punished as provided in § 10.99

('85 Code, § 10.18)

§ 10.20 RESPONSIBILITY FOR VIOLATIONS BY CORPORATIONS.

In the event any provision of this code is violated by a corporation, the officer, agent, or employee thereof who violates the provision, or who procures, aids, or abets the violation shall be subject to the same penalties as if he himself committed the violation.

('85 Code, § 10.19)

§ 10.21 ORDINANCES CUMULATIVE.

The provisions of this code shall be cumulative and in addition to any other ordinances or state law.

('85 Code, § 10.20)

§ 10.22 ORDINANCES REPEALED.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this Code shall be deemed repealed from and after the effective date of this code.

§ 10.23 ORDINANCES UNAFFECTED.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

§ 10.24 SECTION HISTORIES; STATUTORYREFERENCES.

(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances (or motions or resolutions), if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15,passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

(B) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (G.S. § 160A-69) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).

(C) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information.

§ 10.99 GENERAL PENALTY.

6

CHAPTER 10: GENERAL PROVISIONS

(A) Any violation of any provision of this code shall subject the violator to a civil penalty in the sum of $100 per day.

(1) A citation for the penalty shall be issued by the Police Chief or other authorized officer, agent, or employee of the Town of Fremont.

(2) Each citation for a civil penalty must be paid within 96 hours of issuance.

(B) Each and every day that the violator continues in violation shall be a separate and distinct offense.

(C) Except as provided in subsection (D) of this section, where no specific criminal penalty is provided therefore, whenever in any ordinance, any act is prohibited, or made or declared to be unlawful or a misdemeanor, or the doing of any act is required for the failure to do any act is declared to be prohibited, unlawful or a misdemeanor, each separate violation of such provision shall be a misdemeanor, for which the maximum fine shall be $500. 00 and for which the maximum imprisonment shall be 30 days. Unless provided otherwise, limits on criminal fines do not imply limits on noncriminal or other criminal remedies.

(D) Violations of Title VII of this ordinance arising from the operation or parking of a vehicle are subject only to civil penalties.

(E) The municipality may also, in addition, seek any and all appropriate equitable remedies, injunctions, and/or abatement orders from the appropriate court of competent jurisdiction.

7

CHAPTER 11: ELECTION DISTRICT BOUNDARIES

Section

11.01 Boundaries on map

§ 11.01 BOUNDARIES ON MAP.

The boundaries of the six single member electoral district shall be as shown on a map titled Official Election District Boundaries dated June 18, 1991. The six single member electoral districts shall be drawn on an official electoral district boundary map which shall be retained permanently in the office of the Clerk for the town. The boundaries under each district under the present corporate limits as it currently exists are hereby established as shown on the official map and which map is a part hereof. A separate metes and bounds description shall not be deemed to be required or necessary in establishing electoral district boundaries or any amendments thereto.

(Ord. passed 6-11-87; Am. Ord. passed 7-18-91)

TITLE III: ADMINISTRATION

Chapter

30. BOARD OF ALDERMEN

31. TOWN OFFICIALS

32. DEPARTMENTS, BOARDS, AND COMMISSIONS

33. FINANCE

34. MUNICIPAL PROPERTY

 

 

CHAPTER 30: BOARD OF ALDERMAN

Section30.01 Regular meetings

30.02 Special meetings

30.03 Quorum

30.04 Minutes

30.05 Mayor to preside

30.06 Mayor not to vote

30.07 Committees

30.08 Order of business

30.09 Compensation

Cross-reference:

Board of Aldermen, see Charter Secs. 3.1 through 3.5

Statutory reference:

Board to organize government, see G.S. § 160A-146

General powers, see G.S. § 160A-67

§ 30.01 REGULAR MEETINGS.

The regular meetings of the Mayor and Board of Aldermen of the town shall be held on the third Tuesday of each month at 7:30 p.m. at the town hall unless otherwise designated by the Board.

('85 Code, § 30.01) (Am. Motion passed 9-8-92)

Statutory reference:

Regular meetings, see G.S. § 160A-71

§ 30.02 SPECIAL MEETINGS.

(A) The Mayor, the Mayor Pro Tempore, or any two members of the Council may at any time call a special court meeting by signing a written notice stating the time and place of the meeting and the subjects to be considered. The notice shall be delivered to the Mayor and each councilman or left at his usual dwelling place at least six hours before the meeting. Only those items of business specified in the notice may be transacted at a special meeting, unless all members are present or have signed a written waiver of notice. In addition to the procedures set out in this section or any charter section, a person or persons calling a special meeting of the town shall comply with the notice requirements of G.S. § 143-33C.

(B) Special meetings may be held at any time when the Mayor and all members of the Council are present and consent thereto, or when those present have signed at written waiver of notice.

(C) During any regular meeting, or any duly called special meeting, the Council may call or schedule a special meeting, provided that the motion or resolution calling or scheduling any such special meeting shall specify the time, place, and purpose or purposes of such meeting and shall be adopted during an open session.

Statutory reference:

Special meetings, see G.S. § 160A-71

1

CHAPTER 30: BOARD OF ALDERMAN

§ 30.03 QUORUM.

A majority of the actual membership of the Board of Aldermen, excluding vacant seats, shall constitute a quorum and no official business of the town shall be transacted by the Board unless a quorum is present.

('85 Code, § 30.03)

Statutory reference:

Quorum, see G.S. § 160A-74

§ 30.04 MINUTES.

It shall be the duty of the Clerk to be present at all meetings of the Board of Aldermen and to keep in a book provided for that purpose a record of all the proceedings of the Board.

('85 Code, § 30.04)

Statutory reference:

Minutes to be kept, see G.S. § 160A-72

§ 30.05 MAYOR TO PRESIDE.

(A) The Mayor shall preside at all meetings of the Board of Aldermen, and in his absence the Mayor Pro Tempore shall preside.

(B) While presiding at a meeting of the Board of Aldermen, the Mayor Pro Tempore shall retain the right to vote as a member of the Board but shall not then have the right to cast a second vote in the event of a tie vote.

('85 Code, § 30.05)

Cross-reference:

Mayor, see Ch. 31

§ 30.06 MAYOR NOT TO VOTE.

The Mayor shall not vote on any question before the Board of Aldermen except in the case of a tie vote deadlocking a decision of the Board.

('85 Code, § 30.06)

§ 30.07 COMMITTEES.

The Mayor and Board of Aldermen may create such committees of the Board for special purposes as they deem best.

('85 Code, § 30.07)

§ 30.08 ORDER OF BUSINESS.

The Board of Aldermen may from time to time prescribe the order of business for their meetings.

('85 Code, § 30.08)

2

CHAPTER 30: BOARD OF ALDERMAN

§ 30.09 COMPENSATION.

The Board of Aldermen shall receive the compensation as they shall from time to time determine.

('85 Code, § 30.09)

3

CHAPTER 31: TOWN OFFICIALS AND EMPLOYEES

Section

General Provisions

31.01 Misuse of property

31.02 Exception

31.03 Officers and employees

Mayor

31.10 Mayor

31.15 Duties

31.16 Compensation

Town Clerk

31.30 Duties

31.31 Bond

Other Officials

31.45 Building Inspector

31.46 Town Attorney

31.47 Finance Officer

31.48 Tax Collector

31.49 Director of Public Works

31.50 Water and Sewer Inspector

31.51 Town Administrator

Editor's note:

Town Administrator currently serves as the Town Budget Officer.

GENERAL PROVISIONS

§ 31.01 MISUSE OF PROPERTY.

Any employee of the town using town owned equipment on private property will be subject to immediate dismissal.

('85 Code, § 31.01)

§ 31.02 EXCEPTION.

In the case of a natural disaster, such as ice storm, hurricane, or as the Board does so desire, § 31.01 shall be ruled as not applicable.

('85 Code, § 31.02)

4

 

CHAPTER 31: TOWN OFFICIALS AND EMPLOYEES

§ 31.03 OFFICERS AND EMPLOYEES.

Officers and employees that are deemed necessary shall be appointed by the Board of Aldermen. All officers and employees shall serve at the pleasure of the Board and receive the compensation as from time to time may be prescribed by the Board.

('85 Code, § 31.03)

MAYOR

§ 31.10 MAYOR.

The Mayor shall preside at all meetings of the Board of Aldermen.

(Ord. 10, passed 1-1-80)

Statutory reference: For the powers and duties of the Mayor, see G.S § 160A-67

§ 31.15 DUTIES.

It shall be the duty of the Mayor to cause all ordinances of the town to be enforced, to attend and preside over all meetings of the Board of Aldermen. It shall further be the duty of the Mayor to within 30 days after the close of each year to require a report to the Board from the various departments of the town government for the previous year and recommend the adjustments as he may see fit and the Mayor shall perform the other duties as the Board may from time to time require. The Mayor shall be the Chief Executive Officer of the town.

('85 Code, § 31.10)

Cross-reference:

Board of Aldermen, see Ch. 30

Statutory reference:

Duties of Mayor, see G.S. § 160A-69

Election of Mayor, see G.S. § 160A-101

§ 31.16 COMPENSATION.

The Mayor shall receive the compensation as the Board of Aldermen shall from time to time determine.

('85 Code, § 31.11)

Cross-reference:

Salary, see Charter Sec. 12

TOWN CLERK

§ 31.30 DUTIES.

(A) The Town Clerk shall be appointed by the Board of Aldermen.

5

CHAPTER 31: TOWN OFFICIALS AND EMPLOYEES

(B) The Town Clerk shall attend all meetings of the Board of Aldermen and shall regularly and fairly record all of their proceedings in a book to be kept by him/her for that purpose. He/she shall also keep a well bound book to be styled the Code of Ordinances in which he/she shall fairly and correctly transcribe all ordinances which are enacted by the Board.

(C) It shall be the duty of the Town Clerk to keep true, accurate, and just books of accounts of the dealings and transactions of the town, which books shall show at all times the true condition of the town, its resources and liabilities and the disposition and use of the monies coming under the control of the town.

(D) The Town Clerk shall keep or cause to be kept in a safe place all monies, records, and accounts.

(E) The Town Clerk shall disburse funds for the various purposes of the town only when an appropriation for the purpose has been made in the annual budget and the disbursement is authorized by the Board.

(F) The Town Clerk shall perform the other duties as the Board may from time to time require.

('85 Code, § 31.20)

Statutory reference:

Duties of Clerk, see G.S. § 160A-171

§ 31.31 BOND.

The Town Clerk and other officers or employees required by the Board of Aldermen shall, before entering upon their duties, post bond in amounts specified by the Board. All bond premiums shall be paid from town funds. However, when two offices are combined, such as Clerk and Treasurer, only one bond shall be required.

('85 Code, § 31.21)

OTHER OFFICIALS

§ 31.45 BUILDING INSPECTOR.

For provisions concerning the Building Inspector, see Chapter 150.

('85 Code, § 31.30)

§ 31.46 TOWN ATTORNEY.

For provisions concerning the Town Attorney, see G.S. § 160A-173. ('85 Code, § 31.31)

§ 31.47 FINANCE OFFICER.

The Finance Officer is the same person as Treasurer. For provisions concerning the Finance Officer, see G.S. § 159-24.

('85 Code, § 31.32)

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CHAPTER 31: TOWN OFFICIALS AND EMPLOYEES

§ 31.48 TAX COLLECTOR.

For provisions concerning the Tax Collector, see G.S. § 105-349.

('85 Code, § 31.33)

§ 31.49 DIRECTOR OF PUBLIC WORKS.

For provisions concerning the Director of Public Works, see Chapter 53.

('85 Code, § 31.34)

§ 31.50 WATER AND SEWER INSPECTOR.

For provisions concerning the Water and Sewer Inspector, see Chapter 53.

('85 Code, § 31.36)

§ 31.51 TOWN ADMINISTRATOR.

The Board of Alderman may hire a Town Administrator from time to time, whose duties and responsibilities shall be determined by the Board.

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

SectionFire Department

32.01 Organization

32.02 Duties of Chief

32.03 Fire Inspector

32.04 General authority

Police Department

32.15 Organization

32.16 Chief

32.17 Duties

32.18 Board to supervise

32.19 Uniforms

32.20 Age requirements

Human Relations Committee

32.30 Establishment

32.31 Goal

32.32 Purpose and objective

32.33 Duties of the committee

32.34 Membership

32.35 Meetings

Planning Board

32.45 Membership and vacancies

32.46 Organization, rules, meetings, and records

32.47 General powers and duties

32.48 Basic studies

32.49 Comprehensive: plan

32.50 Zoning Ordinance

32.51 Subdivision regulations

32.52 Public facilities

32.53 Miscellaneous powers and duties

;

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

FIRE DEPARTMENT

§ 32.01 ORGANIZATION.

The Fire Department shall consist of the Chief of the Fire Department and an Assistant Chief and a sufficient number of firefighters (voluntary, part- or full-time) to maintain and operate the Department. The Board of Aldermen shall appoint the Chief and approve the appointment to the Department of all members. The Department may from time to time adopt its own rules and regulations governing the Department subject to the approval of the Board. However, any rules and regulations shall also include provisions for at least one training period each month and that any member who is absent for two consecutive meetings without a bona fide reason be dropped from the Department.

('85 Code, § 32.01)

Statutory reference:

Authority to organize, see G.S. § 160A-291

§ 32.02 DUTIES OF CHIEF.

The duties of the Chief, subject to supervision by the Board of Aldermen, shall be as follows:

(A) General control of the department, the personnel, apparatus, and fire alarm systems.

(B) To command the department and supervise the firefighting and extinguishing of all fires and to have the authority to keep away from the vicinity of all fires, any and all idle, disorderly, or suspicious persons.

(C) He shall inspect or cause to be inspected all trucks and other equipment of the Fire Department each and every week to ascertain that the equipment is being kept in proper condition. He shall report annually to the Board the condition of all equipment.

(D) He shall inspect or cause to be inspected all fire hydrants and fire alarm systems at least once every three months and shall make a report of the inspection to the Board.

('85 Code, § 32.02)

Cross-reference:

Police Chief to post signs prohibiting carrying concealed weapons on municipal property, see §§ 34.01, 34.02

Statutory reference:

Duties of Chief, see G.S. § 160A-292

§ 32.03 FIRE INSPECTOR.

(A) The Fire Chief is to assume the functions of Fire Inspector. As such, he (or his designated agent) shall have authority to enter any and all premises, at a reasonable time, for purpose of inspection.

(B) Routine inspections. He shall make annual inspections of all structures located within the fire district.

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

(C) Inspections upon complaint. He shall, upon receipt of a complaint, forthwith investigate.

(D) He shall investigate the causes of fires and shall keep records of his findings as to origin, location, owner, extent of damage, injury, and amount of insurance carried. The findings must be reported to the North Carolina Insurance Commissioner at regular intervals.

(E) He shall cause the removal of fire hazards by serving proper order to owner or agent of premises in question, the order to state a reasonable time limit. Failure to comply with the order shall be considered a misdemeanor.

('85 Code, § 32.03)

§ 32.04 GENERAL AUTHORITY.

(A) The officer in command shall have authority to summon aid and no citizen summoned may refuse to help in extinguishing the fire or in protecting exposed property.

(B) During the continuance of a fire, the Fire Chief, his assistant, or the Mayor shall have authority to call upon any citizen to render assistance in pulling down or demolishing any building or in removing goods or furniture from a building on fire or in danger of fire, but not without the consent of the officer of the Fire Department or the Police Department who may be in charge.

(C) It shall be unlawful to congregate on the streets or alleys near a fire in a manner which would interfere with the activities of the Fire Department.

(D) In the event of an alarm of fire the apparatus of the Fire Department responding to it shall have the right-of-way in and upon all streets, lanes, alleys, and other public ways.

(E) The drivers of vehicles, upon the approach of fire apparatus, shall immediately bring their vehicle to a stop on the right hand side of the street in the direction in which they are facing and shall not move their vehicle until the apparatus has passed.

('85 Code, § 32.04)

POLICE DEPARTMENT

§ 32.15 ORGANIZATION.

The Police Department of the town shall consist of a Chief and as many policemen as the Board of Aldermen shall from time to time determine and elect and as many special policemen as the Mayor and Board may deem necessary to appoint for special purposes.

('85 Code, § 32.10)

Statutory reference:

Authority to create, see G.S. § 160A-281

State law requirements, see G.S. § 17C-10

§ 32.16 CHIEF.

The Chief shall have control over the Police Department under the supervision of the Board of Aldermen. The Chief shall keep the Board informed of the Department's activities and make the reports that

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

the Board may from time to time require, and he

shall perform the other duties as may be required of him by the Board.

('85 Code, § 32.11)

Statutory reference:

Authority to appoint, see G.S. § 160A-281

§ 32.17 DUTIES.

The Police Department shall carry out all orders of the Board of Aldermen, enforce all laws and ordinances of the town and the state, and shall at all times preserve the peace, protect the property and the safety of the citizens of the town.

('85 Code, § 32.12)

Statutory reference:

Duties, see G.S. § 160A-285

§ 32.18 BOARD TO SUPERVISE.

The Board of Aldermen shall have general supervision over the Police Department. The Board may suspend, for cause, any member of the Police Department until the next regular meeting at which time final disposition shall be made.

('85 Code, § 32.13)

§ 32.19 UNIFORMS.

All police officers shall wear uniforms as shall be provided by the town and shall keep the uniforms in a neat and clean condition, and shall surrender all uniforms and equipment upon leaving the police service of the town if the uniforms and equipment were furnished by the town.

('85 Code, § 32.14)

§ 32.20 AGE REQUIREMENTS.

Age limits for hiring a police officer is to be a minimum of 21 years.

('85 Code, § 32.15)

HUMAN RELATIONS COMMITTEE

§ 32.30 ESTABLISHMENT.

The Board of Aldermen of the town does hereby establish the Fremont Human Relations Committee (hereinafter referred to as the “HRC”). This organization's membership shall be appointed by the Board of Aldermen and its members must reside within the town limits.

(Res. passed 9-13-90)

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

§ 32.31 GOAL.

It shall be the goal of the HRC to facilitate the prevention and/or resolution of problems in areas affecting the human relations of all citizens who reside, work, or trade within the town.

(Res. passed 9-13-90)

§ 32.32 PURPOSE AND OBJECTIVE.

(A) The purpose and objective of this subchapter is to:

(1) Encourage understanding and good will between all citizens of the town regardless of race, sex, religion, creed, nationality, or economic status, and thus promote the general welfare of the community.

(2) Identify concerns within the town which jeopardize the welfare of the community.

(3) Promote peace, understanding, respect, good will, and harmony among all citizens of the town.

(B) The Fremont Human Relations Committee may promote public interest in its recommendations in such a manner as to lessen any tensions and promote good will among all citizens.

(Res. passed 9-13-90

§ 32.33 DUTIES OF THE COMMITTEE.

(A) The duties of the Committee shall be to:

(1) Report and to recommend to the Board of Aldermen measures designed to promote the welfare of the town.

(2) Act as a public forum in hearing complaints involving racial tension or discrimination and to bring those concerned with these complaints together to discuss the facts and to assist in complaint resolution.

(3) Develop an atmosphere conducive to the best possible human relations and to conduct studies and suggest areas of concern such as problems related to senior citizens, youth, job opportunities, housing, recreational facilities, police protection, and other areas that may be developed as a result of research and consideration by the HRC. The HRC will recommend such action it feels is necessary and may be lawfully taken to minimize areas of conflict and to promote harmonious relations.

(4) Provide open channels of useful communication between and among various racial, religious, ethnic, and economic groups, and between such groups whereby understanding and differences leading to conflict may be resolved.

(5) Institute and conduct educational programs to promote fairness and courtesy in dealings between all people, regardless of their economic background and status.

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

(6) Sponsor meetings, forums and the like concerning human relations in order to receive input from all citizens about their concerns and to impart a clearer understanding of the Committee's goals.

(7) Act as an impartial public forum to the end that there will be better communications between all segments of the town and with the Board of Aldermen.

(B) The Committee may sponsor meetings or forums intended to lead citizens to a clearer understanding of the true meanings of responsible citizenship in the community, of the obligations inherent in being a good citizen, and of the need for mutual understanding and respect by all citizens for each other.

(C) The HRC shall have the authority to create and devise plans for recommendations to the Board of Aldermen.

(Res. passed 9-13-90)

§ 32.34 MEMBERSHIP.

(A) The membership of the HRC shall consist of 12 representatives, with two members to be chosen from each of the town's six respective wards, duly appointed by the Board of Aldermen. The initial HRC members shall be appointed for the following terms:

(1) Four members for one-year terms.

(2) Four members for two-year terms.

(3) Four members for three-year terms.

(B) At the expiration of the terms of all members initially appointed to the HRC, all new appointments or reappointments shall be for a term of three years. All appointments to fill vacancies on the HRC will be for the unexpired term. The HRC shall elect a chairperson from its membership and other officers as it deems necessary. The members of the HRC will receive no compensation for their services.

(Res. passed 9-13-90)

§ 32.35 MEETINGS.

All meetings of the HRC shall be held at a regular place and shall be open to the public. The HRC shall keep written minutes of its proceedings in a book maintained for that purpose only. The HRC shall adopt and make public its own rules of procedure.

(Res. passed 9-13-90)

PLANNING BOARD

§ 32.45 MEMBERSHIP AND VACANCIES.

The Planning Board shall consist of ten members. Five members shall be citizens and residents of the town and shall be appointed by the Board of Aldermen; five members shall be citizens and residents of the territory surrounding the town, as described in the extraterritorial ordinance kept on file in the office of the

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

Town Clerk, and shall be appointed by the Wayne County Board of Commissioners. Two of the initial members shall be appointed for a term of one year; four for two years; and four for three years. Their successors shall be appointed for terms of three years. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. Faithful attendance at the meetings of the Board is considered a prerequisite for continued membership on the Board. One member of the Board of Aldermen shall serve ex officio as an advisory member. The representatives of the extraterritorial area to the Planning Board shall have equal rights, privileges, and duties with the other members of the Planning Board, regardless of whether the matters at issue arise within the town or within the extraterritorial area.

(Ord. passed 3-13-86)

§ 32.46 ORGANIZATION, RULES, MEETINGS, AND RECORDS.

Within 30 days after appointment, the Planning Board shall meet and elect a chairperson and create and fill such other offices as it may determine. The term of the chairperson and other officers shall be one year, with eligibility for reelection. The Board shall adopt rules for transaction of its 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 meet when necessary and in accordance with the State Open Meetings Law. There shall be a quorum of six members for the purpose of taking any official action.

(G.S. § 143-318.9 et seq.) (Ord. passed 3-13-86)

§ 32.47 GENERAL POWERS AND DUTIES.

It shall be the duty of the Planning Board, in general:

(A) To make studies of the area within its jurisdiction and surrounding areas; to acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in those conditions;

(B) To determine objectives to be sought in the development of the area studied;

(C) To prepare, adopt, and from time to time amend and revise plans for achieving those objectives, including a comprehensive and coordinated plan for the physical development of the area;

(D) To develop and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;

(E) To advise the Board of Aldermen concerning the use and amendment of various means for carrying out plans, as directed by the Board of Aldermen;

(F) To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;

(G) To keep the Board of Aldermen and the general public informed and advised as to these matters;

(H) To perform any other duties that may lawfully be assigned to it.

(Ord. passed 3-13-86)

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CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

§ 32.48 BASIC STUDIES.

(A) As background for its comprehensive plan and any ordinances it may prepare, the Planning Board may gather maps and aerial photographs of man-made and natural physical features of the area,

statistics on past trends and present conditions with respect to population, property values, the economic base of the community, land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts.

(B) In addition, the Planning Board may make, cause to be made, or obtain special studies on the location, condition, and adequacy of specific facilities, which may include but are not limited to studies of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public and private utilities; and traffic, transportation, and parking facilities.

(C) All town officials shall, upon request, furnish to the Planning Board such available records or information as it may require in its work. The Board or its agents may, in the performance of its official duties, enter upon lands and make examinations or surveys and maintain necessary monuments thereon.

(Ord. passed 3-13-86)

§ 32.49 COMPREHENSIVE: PLAN.

(A) The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall be and show the Planning Board's recommendations to the Board of Aldermen for the development of said territory, including, among other things, the general location, character, and extent of streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes; also, the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals.

(B) The plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the town and its environs which will, in accordance with present and future needs, best promote health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities, services, and other public requirements.

(Ord. passed 3-13-86)

§ 32.50 ZONING ORDINANCE.

(A) The Planning Board shall prepare, certify, and submit to the Board of Aldermen for its consideration and possible adoption a zoning ordinance regulating the height, area, bulk, location, and use of buildings, structures, and land, in accordance with the provisions of G.S. Chapter 160A, Article 19, Part 3.

(B) The Planning Board may initiate, from time to time, proposals for amendment of the zoning ordinance, based upon its studies and comprehensive plan. In addition, it shall review and make

15

CHAPTER 32: DEPARTMENTS, BOARDS AND COMMISSIONS

recommendations to the Board of Aldermen concerning all proposed amendments to the zoning ordinance.

(Ord. passed 3-13-86)

Cross-reference:

Zoning Code, see Ch. 153

§ 32.51 SUBDIVISION REGULATIONS.

(A) The Planning Board shall review, from time to time, the town's regulations for land subdivision in the area and submit to the Board of Aldermen its recommendations, if any, for the revision of said regulations.

(B) The Planning Board shall review and make recommendations to the Board of Aldermen

concerning all proposed plats of land subdivision.

(Ord. passed 3-13-86)

§ 32.52 PUBLIC FACILITIES.

The Planning Board may review with town officials and report as recommendations to the Board of Aldermen upon the extent, location, and design of all public structures and facilities, on the acquisition and disposal of public properties, on the establishment of building lines, mapped street lines, and proposals to change existing street lines. However, in the absence of a recommendation from the Planning Board, the Board of Aldermen may, if it deems wise, after the expiration of 30 days from the date on which the question has been submitted in writing to the Planning Board for review and recommendation, take final action.

(Ord. passed 3-13-86)

§ 32.53 MISCELLANEOUS POWERS AND DUTIES.

The Planning Board may conduct such 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 at least one public hearing thereon. The Planning Board shall have power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine.

(Ord. passed 3-13-86)

16

 

CHAPTER 33: FINANCE

Section33.01 Disbursement of funds

33.02 Purchasing

§ 33.01 DISBURSEMENT OF FUNDS.

No funds of the town shall be disbursed by the Finance Officer except in accordance with state law, the town's budget ordinance, and the policies and directions of the Board of Aldermen.

('85 Code, § 33.01)

§ 33.02 PURCHASING.

All purchases by the town or its employees shall be in accordance with the purchasing policy which shall be determined by the Board of Aldermen.

('85 Code, § 33.02)

17

CHAPTER 34: MUNICIPAL PROPERTY

Section

Signs Prohibiting Concealed Weapons on Municipal Property

34.01 Posting of signs required

34.02 Location of signs

SIGNS PROHIBITING CONCEALEDWEAPONS ON MUNICIPAL PROPERTY

§ 34.01 POSTING OF SIGNS REQUIRED.

The Police Chief is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each park and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the town, as well as the appurtenant premises to the buildings, indicating that carrying a concealed handgun is prohibited therein.

(Ord. passed 10-17-95)

§ 34.02 LOCATION OF SIGNS.

Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The Police Chief shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks.

(Ord. passed 10-17-95)

TITLE V: PUBLIC WORKS

Chapter

50. GARBAGE AND RUBBISH

51. RECYCLING

52. TOWN UTILITIES

53. WATER AND SEWERS

54. STORM DRAINAGE FACILITIES

55. SEWER REGULATIONS

 

 

CHAPTER 50: GARBAGE AND RUBBISH

Section

50.01 Definitions

50.02 Garbage to be promptly removed

50.03 Containers required

50.04 Collection schedule

50.05 Unlawful to displace containers

50.06 Wet garbage

50.07 Deposit in public places

50.08 Transportation by private persons

50.09 Removal of dead animals

50.10 Trash

50.11 Yard rubbish

50.12 Bulky items and white goods

50.13 Limitations on collections

50.14 Recycling required

50.15 Collection charges

50.16 Collection and transportation

50.17 Solid waste management rules adopted

50.18 Penalty

§ 50.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BULKY ITEMS. All ferrous metal products, excluding white goods, such as bicycles, lawn mowers, antennas, and other household goods, as well as large non-metal items such as, but not limited to, furniture, rugs, mattresses, box springs, stereos, and television sets.

GARBAGE. A collectible waste, including all kitchen waste, both animal and vegetable, and all other non-recyclable household waste. Building material scraps and tree trimmings, used tires, dilapidated toys, bicycles, household appliances and furniture, and other articles of personal property are not considered GARBAGE and are subject to the regulations as specified in this chapter.

OCCUPIER OF LAND. Any residential dwelling, commercial establishment, or nonprofit organization which shall hold title to or shall be in possession of any property in the town, whether as owner, lessee or tenant.

REFUSE. All non-putrescible wastes.

TRASH. Rags and small amounts of materials and items normally coming from occupied premises, and not falling within any other category.

WHITE GOODS. Inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic appliances.

YARD RUBBISH. Tree limbs, leaves, shrubbery, weeds, plants or grass. (Ord. passed 11-14-91)

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CHAPTER 50: GARBAGE AND RUBBISH

§ 50.02 GARBAGE TO BE PROMPTLY REMOVED.

Garbage is required to be promptly removed. No garbage that has become decayed or that shall otherwise be a menace to health, or cleanliness shall be allowed to remain in any dwelling house, hotel, boarding house, cafe, restaurant, lunch stand, fruit stand, meat market, store, or other building, or on any premises any longer than shall be reasonably necessary to remove and deposit the same in a container of containers as hereinafter provided in this chapter. (Ord. passed 11-14-91) Penalty, see § 50.18 (Ord. passed 2-20-18) (Ord. revised 1-17-17)

Statutory reference:

For provisions of the Solid Waste Management Act, see G.S. § 130A-290 et seq.

§ 50.03 CONTAINERS REQUIRED.

(A) All occupiers of land shall deposit all garbage and permitted refuse in roll-out containers provided by the town, except as provided in division (B) below. The roll-out containers shall be placed adjacent to the street for collection on the day(s) designated for pickup. All garbage customers will be charged a monthly garbage collection fee as established by the Board of Aldermen.

(B) The town shall provide occupiers of land one roll-out container. Nonresidential occupiers of land requiring more than one roll-out container per pickup will normally contract with a commercial solid waste collection service to handle their garbage collection. Upon presentation of a signed contract with a solid waste collection service licensed by the county, the town will discontinue the garbage collection service to that customer and will eliminate the monthly garbage collection fee from the customer's utility bill. Upon request, the town will provide occupiers of land with two roll-out containers for garbage per collection provided said occupier of land pays a monthly garbage collection fee equal to twice the established residential collection rate or fee.

(C) Roll-out containers shall be placed within five feet of the curbside or edge of the street or in a location approved by the Public Works Director, but shall not be placed on the street or sidewalk. Unless otherwise authorized.

(D) The roll-out containers shall be placed in the required location for collection no earlier than 5:00 p.m. on the day preceding the designated pickup day and shall be removed from the curbside location no later than 8:00 a.m. on the day following garbage collection. Except during these hours, the roll-out containers shall be kept in a location no closer to the street than the front line of the principal structure. (Ord. revised 1-17-17)

(E) Roll-out containers which are damaged or destroyed through abuse, neglect, or improper use by the occupier of land shall be repaired or replaced by the town with the total expense to be paid by the occupier of land. Roll-out containers which are lost, missing or stolen will be replaced by the town at the total expense of the occupier of land. Roll-out containers which become unusable due to normal deterioration shall be repaired or replaced by the town.

(F) The following materials shall not be placed on or within the roll-out containers: recyclable materials designated by the town, rocks, dirt, sod, gasoline, oil, flammable liquids, solvents, hot coals, or ashes or building materials. These prohibited materials must be disposed of in the manner prescribed by the town's code of ordinances or as allowed by the Wayne County Solid Waste and Recycling Ordinance. Violation of

2

CHAPTER 50: GARBAGE AND RUBBISH

these prohibitions will be treated as abuse and improper use of the container. In addition, no pet litter or disposable diapers shall be placed within a roll-out containers unless the material is first thoroughly sealed within a plastic bag.

(G) In order to prevent undue hardships to the aged, handicapped, or disabled, the Director of Public Works is authorized to waiver or vary the requirements of this section relating to placement of the roll-out cart at a curbside location for collection after conducting a thorough investigation and finding that there is no person living within a particular residential unit who is physically capable of placing the container in the required location for pickup.

(H) Garbage will not be collected from plastic bags, pasteboard boxes, or any container outside the roll-out containers described above. (Ord. passed 11-14-91) Penalty, see § 50.18 (Ord. passed 2-20-18) (Ord. revised 1-17-17)

§ 50.04 COLLECTION SCHEDULE.

Garbage and refuse will be collected by the town according to a collection schedule maintained in the Town Clerk's office. The schedule may be periodically revised as deemed necessary by the Director of Public Works. Collections will not be made on town holidays. (Ord. passed 11-14-91)

§ 50.05 UNLAWFUL TO DISPLACE CONTAINERS.

It shall be unlawful for any person to damage, displace, or to otherwise interfere with garbage containers or their contents except the owner or upon permission or at the request of the owner.

(Ord. passed 11-14-91) Penalty, see § 50.18 (Ord. revised 1-17-17)

§ 50.06 WET GARBAGE.

All wet garbage shall have the liquid drained off and shall be wrapped in plastic or other material before it is placed in the garbage container thus preventing odor and the breeding of flies in summer and freezing and adhesion to the container in winter.

(Ord. passed 11-14-91) Penalty, see § 50.18 (Ord. revised 1-17-17)

§ 50.07 DEPOSIT IN PUBLIC PLACES.

No person shall throw, place, or deposit any garbage in any street, alley, public place, or private property within the town limits, except in garbage containers or garbage vehicles as provided in this chapter.

(Ord. passed 11-14-91) Penalty, see § 50.18 (Ord. revised 1-17-17)

§ 50.08 TRANSPORTATION BY PRIVATE PERSONS.

Garbage and refuse collection by any person(s) other than the town or its agent within the town limits shall be prohibited except as allowed in § 50.03(B) hereof. (Ord. passed 11-14-91) Penalty, See § 50.18 (Ord. revised 1-17-17

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CHAPTER 50: GARBAGE AND RUBBISH

§ 50.09 REMOVAL OF DEAD ANIMALS.

Dead animals will be removed by the town at any time during normal working hours. The public should report dead animals to be removed to the Town Clerk. (Ord. passed 11-14-91)

§ 50.10 TRASH.

Trash, as a collectible waste, includes debris from normal household operations, excluding recyclable materials as defined in Chapter 51. The trash must be placed in the roll-out container(s) provided by the town for collection. (Ord. passed 11-14-91)

§ 50.11 YARD RUBBISH.

(A) Yard rubbish, as a collectible waste, includes grass clippings, leaves, garden and hedge trimmings, and ordinary accumulations of tree prunings of limbs three inches in diameter or less shall be containerized. Large accumulations of brush from extensive hedge and tree trimmings and large bulky interwoven masses of grape vines or other type vines which cannot be fed through a limb chipper or loaded as one unit must be cut into small pieces for containerization. All containerized yard rubbish shall be placed at a roadside location so as not to interfere with vehicular or pedestrian traffic or with the operation of the town's storm drainage systems. A wire cage with no bottom does not constitute a container as herein defined. The maximum acceptable weight for a container and contents shall not exceed 100 pounds. Should the occupier of land desire, a commercial roll-out type container on wheels may be used for curbside containerization, provided the roll-out container is approved before purchase as a type which will work with the town's lifting equipment. To assure collection on a given collection day, all containerized yard rubbish should be placed at a roadside location on the day before scheduled collection. The town will limit the amount of yard rubbish-collected from an individual residence to no more than one-quarter load of a single-axle flatbed truck per collection.

(B) Tree limbs and large shrubbery must be placed in a separate pile from all other yard rubbish. Limbs may be no longer than eight feet in length and the diameter shall not exceed three inches. Collection will not fall on a specific day for any residence and frequency of collection from a particular residence will depend on the volume of the debris town wide. The town will limit the amount of limbs collected from an individual residence to no more than one-quarter load of a single-axle flatbed truck per collection.

(C) Felled trees, stumps, and branches larger than three inches in diameter and/or longer than eight feet in length are not collectible by the town and must be disposed of by private means.

(D) Limbs, stumps, and/or debris from extensive tree trimming or tree removal done by private contractor is not collectible by the town. The limbs, stumps, and/or debris must also be disposed of by the occupier of land or by private means.

(E) Leaf Collection. Leaves are more easily collected when placed in containers. During the leaf-falling season (October 15 through February 15), it is permitted to place rows or piles of leaves and pine straw at roadside; provided, that such rows or piles shall not interfere with vehicular or pedestrian traffic or with the operation of the town's storm drainage system. During the portion of the year not considered as the leaf-falling season (February 16 through October 14), all leaves shall be placed in suitable containers for collection by the town. (Ord. passed 11-14-91) Penalty, see § 50.18 (Ord. revised 1-17-17)

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CHAPTER 50: GARBAGE AND RUBBISH

§ 50.12 BULKY ITEMS AND WHITE GOODS.

(A) Bulky items such as worn out furniture, bicycles, and the like will be picked up by the town by appointment only, at which time these items may be placed at a roadside location for collection. Appointments must be made through the Public Works Director. The charges for bulk items are listed on the Bulk Good Fee Schedule and shall be payable in advance at the town hall. Any bulk items placed at the curb without calling to schedule an appointment for pickup, as required above, may be collected at the convenience of the Public Works Director and the charge shall be added to the occupier of the land’s town utility bill. Failure to pay said fees will result in the discontinuance of the occupier of land’s other utilities as provided by the town. The occupier of land’s utilities will not be restored until the fees and all other applicable penalties and/or service charges are paid. An exception to the above rule is during Spring and Fall Cleanup, which is during the months of March and October. (Ord. passed 7-18-05) (Ord. revised 4-17-18)

(B) White goods will be collected once a week with no charge for occupiers of land, except retail sellers of white goods. The time of such collections will be announced by the Public Works Director. At other times, white goods shall be collected by special request only (by a call to the Public Works Director) at a rate set forth by the Board of Aldermen, with the town retaining the right to require fees for such items being collected by the town in advance of pickup; otherwise, said fees shall be added to the occupier of land's town utilities bill. Failure to pay said fees will result in the discontinuance of the occupier of land's other utilities as provided by the town. The occupier of land's utilities will not be restored until the fees and all other applicable penalties and/or service charges are paid. (Ord. passed 11-14-91. Motion passed 4-21-92. Motion passed 11-15-94)

§ 50.13 LIMITATIONS ON COLLECTIONS.

(A) The town will not be responsible for the collection of any of the following materials:

(1) Building and/or construction materials such as, but not limited to, dirt, turf, rock, trade waste, wallpaper, lumber shavings, brick, concrete, metal, shingles, and fencing material;

(2) Human or animal excrement or obnoxious material;

(3) Radioactive waste material;

(4) Hazardous waste, lead acid batteries, liquid waste (including used oil), infectious waste and any other waste that may pose a threat to the environment or the public health, as determined by the Division of Solid Waste Management of the North Carolina Department of Environment, Health, and Natural Resources;

(5) Scrap or used tires;

(6) Fetuses, remains of terminated pregnancies and human body organs or parts; and

(7) Medical waste (as defined in the Solid Waste Management Rules prepared by the Department of Environment, Health, and Natural Resources.

(B) None of the above materials shall be placed at the roadside or at garbage collection points for collection by the town. (Ord. passed 11-14-91)

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CHAPTER 50: GARBAGE AND RUBBISH

§ 50.14 RECYCLING REQUIRED.

(A) Refer to Chapter 51 for the town's requirements with regard to recycling.

(B) Materials required by the town in § 51.07 to be recycled that are disposed of as garbage in the town's designated garbage container(s) shall be in violation of the town's recycling regulations as specified in Chapter 51 hereof. Such violations shall subject the offender or violator to the enforcement and penalties provisions outlined in § 51.99. (Ord. passed 11-14-91)

§ 50.15 COLLECTION CHARGES.

Monthly charges for all types of waste collection shall be at the rates set forth by the Board of Aldermen and said monthly charge(s) (and any unpaid charge for special pick-ups) shall be billed by the town to each occupier of land monthly and shall be payable with the occupier of land's town utilities bill within the time limit established for payment of said utilities bill. Failure to pay said waste collection fee(s) will result in the discontinuance of the occupier of land's other utilities as provided by the town. The occupier of land's utilities will not be restored until the waste collection fee(s) and all other applicable penalties and/or service charges are paid. (Ord. passed 11-14-91)

§ 50.16 COLLECTION AND TRANSPORTATION.

The solid waste collector (whether the town, its contractor or franchisee) shall be responsible for the satisfactory collection and transportation of all solid waste to a permitted disposal site or facility, and shall transport to a particular site or facility only such solid waste which the site or facility is permitted to receive. Vehicles or containers used for the collection and transportation thereof (by whatever means) shall be covered, leak proof, durable, and of easily cleanable construction, and shall be cleaned as often as necessary to prevent a nuisance or insect breeding, and shall be further maintained in good repair. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill and shall be covered when necessary to keep the contents dry and to prevent blowing of material. If spillage should occur, the material shall be picked up immediately by the solid waste collector and returned to the vehicle or container and the area shall be properly cleaned. (Ord. passed 11-14-91)

§ 50.17 SOLID WASTE MANAGEMENT RULES ADOPTED.

All solid waste shall be stored, collected, transported, separated, processed, recycled, recovered, and disposed of in a manner consistent with the requirements of the “Solid Waste Management Rules” prepared by the Solid Waste Management Division of the North Carolina Department of Environment, Health, and Natural Resources (and any and all subsequent amendments thereof), which are incorporated herein by reference. (Ord. passed 11-14-91)

§ 50.18 PENALTY.

(A) Violators of the town’s recycling requirements will be issued a maximum of two written warnings per calendar year. After these two written warnings, each additional violation of this ordinance in the same calendar year shall subject the offender to a civil penalty in the amount of $25 to be recovered by the town. This $25 civil penalty will be added to the offender’s monthly utility bill.

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CHAPTER 50: GARBAGE AND RUBBISH

(B) This chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction. The town may also petition the General Court of Justice of the county seeking injunctive relief, or other relief as deemed appropriate, to require compliance with this chapter. Cost of such actions shall be assessed against the individual who is failing to comply with this chapter. (Ord. passed 1-17-17)

(Ord. revised 2-20-18)

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CHAPTER 51: RECYCLING

Section

51.01 Purpose and declaration of policy

51.02 Definitions

51.03 Supervision of the recycling program

51.04 Mandatory separation of recyclable materials

51.05 Collection of recyclable materials

51.06 Scavenging and unauthorized collections

51.07 Recyclable materials

51.99 Penalty

§ 51.01 PURPOSE AND DECLARATION OF POLICY.

This chapter has been created due to public interest in preserving the environment by reducing the amount of refuse sent to landfills. Because of the solid waste disposal problems and potential solution to some of these problems provided by recycling, it shall be the policy of the town to require recycling of recyclable materials to the fullest extent possible. (Ord. passed 9-12-91)

§ 51.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALUMINUM MATERIALS. Cans used to hold beverages, foil, wrappers, containers for prepared foods, screens, frames, lawn chairs, and aluminum siding.

BULKY ITEMS. All ferrous metal products, excluding white goods, such as bicycles, lawn mowers, antennas, and other household goods, as well as large non-metal items such as, but not limited to, furniture, rugs, mattresses, box springs, stereos, and television sets.

COLLECTION FACILITY. A center, generally located on town property and managed by the town or its agent, for the acceptance by donation of recyclable materials by the public.

COMMERCIAL ESTABLISHMENT. Any nonresidential building or establishment, for profit or nonprofit, including, but not limited to, those used for retail, wholesale, industrial, manufacturing, dining, offices, professional services, automobile service, hotels and motels, restaurants, or shipping and receiving areas.

CORRUGATED CARDBOARD. Paper in which a portion has been made to have a wavy surface (alternating ridges and grooves) and is placed between two flat surfaces for the sake of strength and which is commonly used to form cartons.

DEBRIS. Demolition materials, broken concrete, broken glass, and like material which is not recyclable.

GARBAGE. A collectible waste, including all kitchen waste, both animal and vegetable, and all other nonrecyclable household waste. Building material scraps and tree trimmings, used tires, dilapidated toys, bicycles, household appliances and furniture, and other articles of personal property are not considered GARBAGE and are subject to the regulations as specified in Chapter 51.

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GLASS. Bottles and jars, made of silica, sand, soda ash, and limestone, being transparent or translucent, and used for packaging or bottling of various materials. This does not include plastics or glass products such as window glass, blue glass, flat glass, mirrors, plate glass, safety glass, light bulbs, ceramics, or pieces of broken glass.

HIGH-GRADE PAPER. Computer paper, tab cards, white letterhead, ledger, and non-glossy copier paper.

MULTI-FAMILY DWELLING. Any place of residence with two or more dwelling units, including apartments, cooperatives, condominiums, group houses, rooming houses, boarding houses, or other residences as defined in § 153.02 of the Zoning Code.

NEWSPAPERS. Newsprint-grade paper, the common, inexpensive machine-finished paper made chiefly from wood pulp, which is printed and distributed.

NONPROFIT ORGANIZATION. An established organization or foundation dedicated to public service or culture including, but not limited to, religious, educational, and health care functions. Federal, state, and local governmental establishments are considered nonprofit organizations for purposes of this chapter. This term shall include civic clubs, youth groups, and extra-curricular school organizations.

NONRECYCLABLE MATERIALS. Garbage, debris, and any other materials which are not designated as recyclable by the town.

OCCUPIER OF LAND. Any residential dwelling, commercial establishment, or nonprofit organization which shall hold title to or shall be in possession of any property in the town, whether as owner, lessee or tenant.

OIL. A petroleum-based or synthetic oil which is used as a lubricant for internal combustion engines, transmissions, gears, or axles and which, through use, storage, or handling, has become unsuitable for its original purpose. This does not include oils used for cooking.

PAPER. Newspapers, magazines, slick paper, telephone books, paperback books, high-grade paper, and uncontaminated or unsoiled wastepaper products. This does not include waxed paper products.

PLASTIC BEVERAGE CONTAINERS. Plastic containers, such as soft drink containers, which are P.E.T. (polyethylene terephalate) and marked with the number one and plastic containers, such as milk containers, which are H.D.P.E. (high density polyethylene) and marked with the number two. Plastic containers marked 3 through 7 are also recyclable.

PROCESSING FACILITY. A building or enclosed space used for the collection and processing of recyclable material. Processing means the preparation of materials in one or more of the following manners: baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

RECYCLABLE MATERIALS. Any types of refuse designated by the town within this chapter to be separated for recycling.

RECYCLING RECEPTACLE. Any unattended bin, box, container, structure, or device, whether owned by the town or its agent, with the purpose of serving as a container for the collection of recyclable materials.

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CHAPTER 51: RECYCLING

This includes receptacles located on the premises of occupiers of land as well as receptacles placed at town collection facilities.

REFUSE. All solid waste generated by occupiers of land within the town, whether recyclable or nonrecyclable materials.

RESIDENTIAL DWELLING. Any housing structure with at least one unit, including, but not limited to, single-family homes, mobile homes, and multi-family dwellings.

TIN CANS. Steel and tin-coated cans.

WASTEPAPER PRODUCTS. All uncontaminated or unsoiled paper material such as books, food cartons, cardboard boxes, wrapping paper, bags, and discarded letters and envelops. This does not include newspapers or high-grade paper.

WHITE GOODS. Includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic appliances.

YARD WASTES. Plant material, grass cuttings, tree trimmings, hedge clippings, bushes, flowers, roots, branches, tree limbs, and similar biodegradable materials. (Ord. passed 9-12-91)

§ 51.03 SUPERVISION OF THE RECYCLING PROGRAM.

(A) The collection, removal, and disposal of materials designated as recyclable by the town shall be supervised by the Public Works Director.

(B) The Public Works Director is responsible for coordinating the collection, transport, and delivery of recyclable materials from the town to processing facilities.

(C) The Public Works Director shall assist establishments and multi-family dwellings in determining locations and placement of on-premises recycling receptacles.

(Ord. passed 9-12-91)

§ 51.04 MANDATORY SEPARATION OF RECYCLABLE MATERIALS.

It shall be mandatory for each occupier of land in the town to separate all designated recyclable materials from other refuse, in accordance with the provisions of this chapter. (Ord. passed 9-12-91) Penalty, see § 51.99

§ 51.05 COLLECTION OF RECYCLABLE MATERIALS.

(A) The materials designated for recycling in § 51.07 shall be placed in a recycling receptacle provided by the town, or as otherwise specified in § 51.07. If the amount of recyclable materials is greater than the container(s) provided, such materials must be bagged in paper bags only and placed adjacent to the recycling receptacle(s) on the collection dates. When excess recyclables are placed in paper bags, the recyclables shall not be mixed; each type recyclable material shall be placed in a separate paper bag to facilitate collection.

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CHAPTER 51: RECYCLING

(B) The initial recycling receptacle(s) to be utilized in the town's curbside recycling program will be provided to the occupier of land by the town or its authorized agent. The occupier of land may utilize the recycling receptacle(s) for the purposes of the town's curbside recycling program only and said recycling receptacle(s) shall remain the property of the town. Recycling receptacles which are damaged or destroyed through abuse, neglect, or improper use by the occupier of land shall be replaced by the town at the total expense of the occupier of land. Recycling receptacles which become unusable due to normal deterioration, as determined by the town, shall be repaired or replaced by the town. Recycling receptacles which are missing or stolen will be replaced by the town at the expense of the occupier of land. Whenever the recycling receptacle(s) is replaced by the town at the expense of the occupier of land, the cost of said replacement recycling receptacle(s) will be added to the occupier of land's monthly utility bill and failure to pay said cost will result in the discontinuance of the occupier of land's other utilities as provided by the town. The occupier of land's utilities will not be restored until the cost of the replacement recycling receptacle(s) and all other applicable fees and/or service charges are paid.

(C) Recycling receptacles shall be placed at curbside or other designated spot on the occupier of land's premises for collection no earlier than 5:00 p.m. of the day preceding the designated collection day. Collections shall be made by the town, or its agent, on said collection days. After collection, empty receptacles shall be removed by the occupier of land by 8:00 a.m. of the day following collection of recyclables.

(D) Recyclable materials which must be taken to a collection facility pursuant to § 51.07 shall be placed in the appropriate container at the collection facility. (Ord. passed 9-12-91) Penalty, see § 51.99

§ 51.06 SCAVENGING AND UNAUTHORIZED COLLECTIONS.

(A) Recyclable materials placed at curbside for collection or in any recycling receptacle placed by the town are the property of the town or its authorized agent. It is a violation of this chapter for any person unauthorized by the town to collect or pick up or cause to be collected or picked up any such recyclable materials or receptacles.

(B) Nothing in this section is intended to prevent any occupier of land from donating or selling recyclable materials from its own refuse.

(C) It shall be unlawful for any person to place, locate, establish, maintain, erect, leave, or otherwise make available any unattended recycling receptacle which is in public view in the town for the purpose of collecting discarded recyclable materials, provided, however, that in case of undertakings sponsored by a bona fide nonprofit organization, the Town Administrator shall be authorized to issue temporary permits for the location and use of recycling receptacles. (Ord. passed 9-12-91) Penalty, see § 51.99

§ 51.07 RECYCLABLE MATERIALS.

(A) The following types of refuse are designated as recyclable materials by the town. It shall be unlawful for any occupier of land to dispose of recyclable materials in violation of this chapter. These materials shall be separated from other refuse and placed in recycling receptacles or at collection facilities in the manner described:

(1) Aluminum materials. The only aluminum materials required to be recycled are aluminum cans. Such aluminum cans should be emptied. All other aluminum materials shall be disposed of

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as non-recyclable materials.

(2) Bulky items. Bulky items shall be disposed of in accordance with § 50.12(A) or taken to a designated collection facility.

(3) Corrugated cardboard. Corrugated cardboard shall be flattened and delivered to a collection facility provided by the town.

(4) Glass (clear, brown, and green glass only). It should be rinsed and placed in a recycling receptacle. All caps, covers, and lids shall be removed prior to disposal and placed with non-recyclable materials. Broken glass of different colors (clear, brown, and green only) shall not be mixed, but placed in separate paper bags and marked as “broken glass.” Other glass materials as defined in § 51.02 shall not be mixed with recyclable glass and should be disposed of as garbage.

(5) Paper. Paper, which includes newspapers, magazines, telephone books, paperback books, high-grade paper, and wastepaper products, shall be placed in recycling receptacles or taken to the collection facility provided by the town. No waxed paper products shall be placed in any recycling receptacle or in the collection facility provided by the town.

(6) Oil. The town shall designate a collection facility location as a collection point for used oil. No person shall dispose of oil except to a used oil collection site designated by the town or by means of a licensed commercial hauler.

(7) Oil filters. After a used oil filter has been completely drained of oil, the filter may then be placed with garbage for disposal. Oil drained from said filters shall be disposed of in the manner outlined in § 51.07(F) above.

(8) Plastic beverage containers. Plastic beverage containers as defined in § 51.02 shall be recycled. Such beverage containers should be rinsed prior to placement in receptacles. All tops, caps, and lids should be removed and placed with non-recyclable materials.

(9) Tires. The town will not pick up and/or dispose of any used tires. The occupier of land shall dispose of used tires in accordance with the Wayne County Solid Waste and Recycling Ordinance.

(10) White goods. Appliances shall be disposed of in accordance with § 50.12(B) or taken to a designated collection facility.

(B) Nonrecyclable materials shall be prepared for collection as stated in the town's Garbage and Rubbish Ordinance. Nonrecyclable materials shall not be placed with any recyclable materials. (Ord. passed 9-12-91) Penalty, see § 51.99

§ 51.99 PENALTY.

(A) Violators of the town's recycling requirements will be issued a maximum of two written warnings per calendar year. After these two written warnings, each additional violation of this ordinance in the same calendar year shall subject the offender to a civil penalty in the amount of $25 to be recovered by the town. This $25 civil penalty will be added to the offender's monthly utility bill.

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(B) Each such prohibited collection in violation hereof from one or more residences shall constitute a separate and distinct offense. Each day's continuing violation shall be a separate and distinct offense.

(C) Above, this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction. The town may also petition the General Court of Justice of the county seeking injunctive relief, or other relief as deemed appropriate, to require compliance with this chapter. Cost of such actions shall be assessed against the individual who is failing to comply with this chapter.

(Ord. passed 9-12-91) (Ord. revised 2-20-18)

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CHAPTER 52: TOWN UTILITIES

Section

General Provisions

52.01 Electrical, water, or sewer account

52.02 Rates and connection charges

Electric System

52.15 Board to regulate

52.16 Permit required

52.17 Work on electrical system

52.18 Tampering with lines

Deposits

52.30 Residential, commercial, or industrial customers

52.31 Refund policy

52.32 Exemptions

52.33 Final disposition

52.34 Voluntary discontinuance of service

52.35 Involuntary discontinuance of service

52.36 Payment option for services

52.37 Postmarks on payments

52.38 Payment by voucher granted to certain customers

52.39 Schedule of utility deposits

GENERAL PROVISIONS

§ 52.01 ELECTRICAL, WATER, OR SEWER ACCOUNT.

(A) The applicant for electrical, water, or sewer services within the town's service area will be liable for the payment of all such services furnished.

(B) Upon failure of the customer to pay the amount charged for electrical, water, or sewer services within the time set forth on billing, such services may be discontinued without prejudice to the right of the town to recover for the services rendered before discontinuance. Services will not be restored until the account is paid.

(Ord. passed 8-17-89)

§ 52.02 RATES AND CONNECTION CHARGES.

Electrical, water, or sewer rates and connection charges shall be determined from time to time by the Board of Aldermen which shall be kept on file in the office of the Town Clerk.

(Ord. passed 8-17-89)

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ELECTRIC SYSTEM

§ 52.15 BOARD TO REGULATE.

The Board of Aldermen shall have complete control and prescribe all rules and regulations for the operation of the town's electric power system. The Board may elect some qualified person to supervise the electric power system, set his compensation, and prescribe his duties.

(Ord. passed 8-17-89)

§ 52.16 PERMIT REQUIRED.

No person, firm, or corporation shall connect with the electrical system in the town until they have obtained permission from the town to so connect and paid appropriate fees to the Town Clerk.

(Ord. passed 8-17-89)

§ 52.17 WORK ON ELECTRICAL SYSTEM.

All work on the electrical system and all connections or disconnections thereto shall be performed by the authorized employees of the town or their representatives or electricians approved by the town. All work shall be performed in accordance with the electrical code of the town and the amendments thereto that the Board of Aldermen may from time to time adopt.

(Ord. passed 8-17-89)

§ 52.18 TAMPERING WITH LINES OR METERS.

No person shall tamper, harm, or in any manner manipulate the electrical lines or meters. Persons violating this section shall be subject to the penalties set forth in §52.35 (G). (Ord. revised 3-19-19)

DEPOSITS

§ 52.30 RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL CUSTOMERS.

(A) Applicants for new electrical, water, or sewer services or reestablishment of such services shall be required to complete an application form provided by the Town Clerk, and to make a deposit guaranteeing payment of charges for services. The amount of the deposit shall be determined from time to time by the Board of Aldermen and the schedule shall be kept on file in the office of the Town Clerk.

(Ord. Revised 5-21-19)

§ 52.31 REFUND POLICY.

Deposits of customers will be retained by the town until services are terminated and applied to the final bill. (Ord. revised 5-21-19)

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CHAPTER 52: TOWN UTILITIES

§ 52.32 EXEMPTIONS.

Churches, colleges, public schools, hospitals, and local, state, or federal agencies shall be exempt from furnishing deposits for electrical, water, and sewer services.

(Ord. passed 8-17-89)

§ 52.33 FINAL DISPOSITION.

For customers whose deposit for electrical, water, or sewer services, have not been refunded and whose services have been terminated, the deposit shall be applied to any unpaid charges or indebtedness to the town and any balance refunded.

(Ord. passed 8-17-89)

§ 52.34 VOLUNTARY DISCONTINUANCE OF SERVICE.

Customers desiring to discontinue electrical, water, or sewer services shall give notice to the town at least 24 hours prior to the discontinuance and the customer will be responsible for all service consumed until the time of disconnection.

(Ord. passed 8-17-89)

§ 52.35 INVOLUNTARY DISCONTINUANCE OF SERVICE.

(A) The town will discontinue electrical, water, and sewer services for any one of the following reasons:

(1) If payment for electrical, water, and sewer services is not received at the Town Clerk's office by the 20th of the billing month, a $10 minimum or 10% of the bill for all utility services, whichever is larger, will be charged as a late payment fee. If payment has not been received by 1:00 p.m. on the 25th of the billing month, all utilities will be disconnected at the convenience of the town. A $25 disconnect fee and a $25 reconnect fee will be charged to the bill and must be paid prior to reinstatement of electrical, water, or sewer services; or (Ord. revised 5-21-19)

(2) Failure to make a required deposit guaranteeing payment of charges for electrical, water, or sewer services or failure to increase a deposit when required by these rules; or

(3) Refusal of access to premises; or

(4) Damage to or loss of town property for which the customer is responsible; or

(5) A check submitted for payment that is returned for “non-sufficient” funds or “account closed” will result in discontinued electric, water, or sewer services at the convenience of the town. To reconnect the electric, water, or sewer services a $35 bad check fee plus a $25 disconnect and $25 reconnect fee in addition to applicable late fees and deposit must be paid; or upon two checks being returned for “non-sufficient” funds or “account closed” within the prior 24 months, the town will no longer accept a check for payment on all future bills for electrical, water, and sewer services. (Ord. revised 5-21-19)

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(B) (Deleted) (Ord. revised 3-19-19)

(C) When the town discontinues electric, water, or sewer services, service will be reinstated only after all bills for prior electrical, water, and sewer services due are paid in full and applicable deposit, fees, and penalties have been paid.

(D) If a customer is receiving service at more than one location, service at any or all locations may be discontinued if charges for services at any one or more locations are not paid within the time specified by these rules.

(E) It is the policy of the town to discontinue electric, water, and sewer services only after an opportunity to be heard have been given on disputed bills. All bills shall contain in clearly visible and easily readable provisions:

(1) The title; Town of Fremont; (Ord. revised 3-19-19)

(2) That all bills are due and payable upon receipt;

(3) That if any bill is not paid on or before 25 days have passed in the month, or the next business day if the 25th is on a weekend, holiday or Friday, electrical, water, and sewer services will be discontinued for nonpayment. (Ord. revised 3-19-19)

(4) That any customer disputing the correctness of a charge for electrical, water, or sewer services shall have a right to a hearing at which time he may be represented in person or counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the Town Administrator who shall be authorized to order that the customer's service not be disconnected and have authority to make a final determination of the customer's complaint. All disputed bills must be presented at the town hall by the 20th of the month. (Ord. revised 3-19-19)

(F) Requests for delays or waiver of payment will not be accepted; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or a resort to the hearing procedure provided herein, service will be discontinued at the time specified.

(G) Electric or water meter tampering, altering, or adjustments are unlawful, shall result in immediate termination of service and will result in a charge and other enforcement actions as hereinafter set

out. The customer shall be assessed a fine of $500 for the first offense. The customer shall also be billed and be responsible for all costs incurred by the Town in repairing any damage caused to the meter or equipment by the customer as well as any usage fees. All fines and charges assessed as well as a reconnection fee must be paid in full prior to reconnection of the utility. A second offense shall subject the offender to criminal penalties as set forth in the North Carolina General statues as well as the civil costs and penalties set forth herein. (Ord. revised 3-19-19)

(H) A customer may have a late payment fee waived if the customer has lived in town 24 months with only one prior late payment.

(Ord. passed 8-17-89; Am. Motion passed 4-18-95) (Ord. revised 3-19-19)

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§ 52.36 PAYMENT OPTION FOR SERVICES.

(A) The town will provide budget billing for payment of electrical, water, and sewer services to a residential household if the following conditions are met: (Ord. revised 3-19-19)

(1) A customer must have an account with the town for a period of one year prior to becoming eligible. The account in question may not have more than one late payment during the prior 12-month cycle.

(2) The person responsible for the account agrees to 11 equal monthly payments to the town based upon an average estimated monthly bill determined from charges incurred over the previous 12 months. The twelfth payment shall be a balance paid in full or a credit provided by the town for the difference of the prior 12 months of actual expenditures for electrical, water, or sewer services compared with the amount paid by such individual during the prior 11 months of equal payment.

(a) The 11 months of equal payment shall begin with the first billing period after acceptance of the application. The twelfth month shall be used to settle the account.

(B) To qualify for this payment option, the person responsible for the account must make application with the Town Clerk at the town hall during regular business hours. The Town Administrator is authorized to approve applications which comply with the above requirements.

(Ord. passed 8-17-89; Am. Ord. passed 8-23-94)

§ 52.37 POSTMARKS ON PAYMENTS.

Payments on utility bills through the mail will be accepted that are postmarked no later than the 20th of the month. Envelopes so postmarked that arrive after the due date must be retained for auditing purposes. Those customers with acceptable postmarks will not be accessed any late charges.

(Motion passed 10-12-89) (Ord. revised 5-21-19)

§ 52.38 PAYMENT BY VOUCHER GRANTED TO CERTAIN CUSTOMERS.

Payment of a bill by a voucher from approved ministries, departments, or others will be acceptable.

(Ord. passed 1-16-90) (Ord. revised 3-19-19)

§ 52.39 SCHEDULE OF UTILITY DEPOSITS.

A model of the Schedule of Utility Deposits is

available for public inspection during the normal hours of the Town Clerk's office.

(Ord. passed 7-20-93)

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CHAPTER 52: TOWN UTILITIES

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CHAPTER 53: WATER AND SEWERS

Section

General Provisions

53.001 Permit required

53.002 Permit revocation

53.003 Water and sewer charges

53.004 Connection required inside town

53.005 Conflicting provisions

53.006 Sewer taps

Water Use Regulations

53.010 Application required

53.011 Misrepresentations in application

53.012 Contents of application

53.013 Director to cause pipe laying

53.014 Installation within town

53.015 Installation outside of town

53.016 Installation in satellite limits

53.017 Approval before concealing

53.018 New service to be metered

53.019 Testing meters

53.020 Determining meter size

53.021 Inspection to ascertain waste

53.022 Leaving faucets open

53.023 Tampering with meters

53.024 Fire hydrants

Contributors into Wastewater Collection and Treatment System

53.045 Provisions adopted by reference

Statutory reference:

Authority to operate public enterprises, see G.S. § 160A-311 et seq.

Authority to enter into mutual aid contracts, see G.S. § 160A-318

Authority to enter into Water and Sewer authorities, see G.S. § 162A-1 et seq.

GENERAL PROVISIONS

§ 53.001 PERMIT REQUIRED.

No person shall connect with the sewer or water system of the town until he shall have made application for and received permission to connect as provided herein.

('85 Code, § 50.01) (Ord. passed 12-3-81) Penalty, see § 10.99 (Ord. revised 3-19-19)

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CHAPTER 53: WATER AND SEWERS

§ 53.002 PERMIT REVOCATION.

All permits to connect to the public sewer and water systems shall be given upon the condition that the Director of Public Works may, at any time before the completion of the connection, revoke and annul the permit when the work is not being properly executed. No party interested shall have a claim for damage in consequence of the permit being revoked or annulled.

('85 Code, § 50.02) (Ord. passed 12-3-81)

§ 53.003 WATER AND SEWER CHARGES.

Sewer and water rates and connection charges shall be determined from time to time by the Board of Aldermen and the schedule shall be kept on file in the office of the Town Clerk.

('85 Code, § 50.03) (Ord. passed 12-3-81)

Statutory reference:

Authority to fix rates, see G.S. § 160A-314

§ 53.004 CONNECTION REQUIRED INSIDE TOWN.

Every person owning a house, apartment house, storehouse, restaurant, or any building used for sleeping quarters or any building where any persons are employed, which building abuts or adjoins a street or alley along which there is a public sewer, shall, within 30 days from the date of legal notice served by the town Building Inspector or other authorized deputy, have sewer and water connections made to the building as described herein, provided the sewer and water main is within 200 feet from the nearest point of building. All the connections must be made according to the requirements of this chapter.

('85 Code, § 50.04) (Ord. passed 12-3-81)

§ 53.005 CONFLICTING PROVISIONS.

When the requirements of this chapter conflict with the requirements of other lawfully adopted rules, regulations, or ordinances of the town, the more stringent or higher requirements shall govern.

('85 Code, § 50.05) (Ord. passed 12-3-81)

§ 53.006 SEWER TAPS.

(A) The customer is responsible for purchasing a tap from the town prior to receiving sewer service. If it is determined that a tap needs replacing, the town will replace the tap at no cost to the customer. The customer shall remain responsible for keeping the sewer line and tap operational by cleaning out the sewer line all the way to the sewer main with an approved device when needed.

(B) If the town is requested to replace a tap and it is found to be operational, the customer shall be responsible for any expense incurred.

(C) SEWER TAP. The line that connects the sewer main to the customer's sewer lines at the property boundary.

(Ord. 5-96, passed 12-19-96)

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CHAPTER 53: WATER AND SEWERS

WATER USE REGULATIONS

§ 53.010 APPLICATION REQUIRED.

No person or persons shall make connection with the waterworks system of the town except by application as provided by this subchapter.

('85 Code, § 50.10) (Ord. passed 12-3-81) Penalty, see § 10.99 (Ord. revised 3-19-19)

§ 53.011 MISREPRESENTATIONS IN APPLICATION.

It shall be unlawful for any person to make misrepresentations in his written applications to make connection with the water system regarding the uses to which they intend to put the water; or to use the water for any purpose other than that mentioned in the application without notifying the Director of Public Works thereof; or to use the water without permission, or to cause willful or needless waste of water by allowing constant flow at faucet or otherwise, or to allow the occupant of any building not paying water rates to use water from the premises; and in case of violation of any provision of this section, in addition to any other penalties provided, the offender shall be liable to have his supply of water shut off by the town without notice. If shall be unlawful for any person to tap any main or distributing pipes of the water system of the town or to make any connection therewith without first having obtained from the Town Clerk a permit for the same as herein provided.

('85 Code, § 50.11) (Ord. passed 12-3-81) Penalty, see § 10.99 (Ord. revised 3-19-19)

§ 53.012 CONTENTS OF APPLICATION.

All applications for a permit to make connections with the water system shall be made at the office of the Town Clerk in writing and upon blanks to be furnished by the town. The application shall fully describe the locality where the connection is desired and shall contain a correct statement of the various uses to which the water is to be applied. At the time the application is made, tap fees shall be paid. Taps larger than two inches will be made at prices quoted by the Director of Public Works for each case and must be paid in advance. In addition to tap fees, the applicant shall also pay in advance for all paving that must be disturbed and at the regular prices charged by the town for the paving replacements.

('85 Code, § 50.12) (Ord. passed 12-3-81) (Ord. revised 3-19-19)

§ 53.013 DIRECTOR TO CAUSE PIPE LAYING.

The Director of Public Works shall cause suitable service pipes to be laid from the water main to and including the curb cock, which shall be located between the curb line and the sidewalk line, and be provided with a suitable service box or meter box. The work of furnishing and laying the pipe up to and including the curb cock shall be done by the town. The applicant shall furnish and lay the balance of the service pipe at his own expense, subject, however, to the supervision and direction of the Director. The pipes laid by the applicant shall be laid to the depth of the bottom of the water main, unless otherwise permitted by the Director and shall, when required by the town, be covered with some approved material to protect the pipe from frost. All service pipes shall be of copper or galvanized iron pipe and shall be provided with the stop and waste cocks as shall be designated by the Director. If any person, in putting in any service connections, disregards the direction of the Inspector in any particular, the permit granted for the use of water may be revoked by the town and the tap fee forfeited.

('85 Code, § 50.13) (Ord. passed 12-3-81)

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CHAPTER 53: WATER AND SEWERS

§ 53.014 INSTALLATION WITHIN TOWN.

(A) The town will install water mains within the town limits under the following plan: Upon written request of the owner or owners of property located within the corporate limits on December 30, 1977, for which no appropriation has heretofore been made for the installation of water mains, the town will install water mains under its own supervision, the town determining the size, the depth, and the desirable location of the mains. Moneys required for the installation of water mains within the town will be derived from water revenue or any subsequent bond issues for which funds for amortization of the bonds is derived from water revenue.

(B) The above policy does not apply to properties located in the town limits on or before December 30, 1977, which have never been subdivided. Water mains will be installed on the property as set out in division (C) below.

(C) Upon approval of a plat by the Board of Aldermen, water mains will be installed on any subdivided property provided the subdivider pays the cost of materials consisting of six-inch pipe, valves, and fire hydrants for service water mains, and provided that the payment be made in advance to the town. The town will then install water mains, size as needed, but in no case will the town install a water main of less than six inches in diameter. The installation of water mains within the town limits will be considered as requests are made and installation will be made as funds are available.

('85 Code, § 50.14) (Ord. passed 12-3-81)

§ 53.015 INSTALLATION OUTSIDE OF TOWN.

(A) The town will allow property owners outside the town limits to connect to water mains of the town provided:

(1) That the property owner shall install the mains under the expressed direction and supervision of the town and shall install the size and type of water main that is recommended by the town.

(2) That a subdivision plat of the property has been approved by the Board of Aldermen.

(B) The town will have full control and authority over taps, connections, and water usage of all mains connected to the water system of the town.

(C) The person installing water mains outside the town, but under this policy, may require that anyone connecting to the main for the purpose of water service or for the purpose of extensions of the main pay a fee for the connection to the main. However, any person or person installing water mains outside the town but under this policy, may not charge for a connection made to properties owned by them at the time of the installation. The fees shall not be more than 125% of the cost per foot of the original installation. A statement of cost will be filed with the Water Department upon completion of all mains.

(D) All water mains installed outside the town limits shall be installed on dedicated streets and shall become the property of the town upon annexation of the area into the town.

('85 Code, § 50.15) (Ord. passed 12-3-81)

§ 53.016 INSTALLATION IN SATELLITE LIMITS.

Property owners within satellite corporate limits who have not waived their rights to town services shall comply with the following requirements, in addition to other applicable requirements of this chapter, to obtain town water services:

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CHAPTER 53: WATER AND SEWERS

(A) That the installation of all water mains is made under the expressed approval, supervision, and direction of the town. Property owner(s) of the satellite corporate limits area shall be 85% responsible for all costs of water main installation and related necessary improvements to serve such satellite corporate limits area. The estimated cost to the property owner(s) for installation of water mains shall be deposited with the town prior to the town starting construction of the water mains. Cost to include, but not limited to, the following: engineering, labor, and materials;

(B) All taps shall be made in accordance with town requirements; and

(C) All water mains installed to serve satellite corporate limits shall be installed within dedicated street or highway rights-of-way and all such water mains shall become the property of the town.

(Motion passed 4-14-92)

§ 53.017 APPROVAL BEFORE CONCEALING.

Every connection shall be examined, inspected, and approved in writing by the Town Director of Public Works before any part of the house or other connection is covered or hidden from view.

('85 Code, § 50.16) (Ord. passed 12-3-81) (Ord. revised 3-19-19)

§ 53.018 NEW SERVICE TO BE METERED.

(A) All new water connections shall be metered and the town reserves the right to place a meter on any service now in use without application from the consumer where the action may be deemed necessary to prevent waste or to protect the interest of the Water Department. Consumers or property owners where meters are located within the building must not cover the meters or place obstructions that may prevent convenient access to the meter at any time by the employees of the Department for the purpose of reading or making repairs.

(B) Connections shall be made on the street side of any meter when made for the purpose of supplying water to any building other than the one for which the service is intended. Any additional services shall be metered and shall be considered as separate services and shall be subject to regulations governing services, including service charge.

(C) The service charges outlined in § 53.003 cover interest and depreciation of the service meter. The meter will be read and repaired by the Department as often as may be necessary and no additional charge will be made for the service.

('85 Code, § 50.17) (Ord. passed 12-3-81)

§ 53.019 TESTING METERS.

The Water Department will on written request of the property owner test the meter, provided:

(A) The owner or occupant shall not be charged if the meter test reads more than 100% of the measured flow;

(B) The owner or occupant shall pay the testing fee if the meter test reads 100% or less of the measured flow; (Ord. revised 3-19-19)

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CHAPTER 53: WATER AND SEWERS

(C) The Department shall calculate the overcharge and make the proper refund on the account bill when a meter test indicates more than 100% of the measured flow;

(D) When a testing charge is imposed, the charge will become a part of the current water bill.

('85 Code, § 50.18) (Ord. passed 12-3-81)

§ 53.020 DETERMINING METER SIZE.

The town reserves the right to determine the size of the meter required for any service.

('85 Code, § 50.19) (Ord. passed 12-3-81)

§ 53.021 INSPECTION TO ASCERTAIN WASTE.

It shall be unlawful for any owner or occupant of any building in which water is used from the water system to refuse to the officers or duly authorized employees of the town admission to all parts of the building and the premises in which the same is situated, whenever and wherever it shall be necessary to have water pipes and fixtures inspected to ascertain whether there is any waste of water, or for the purpose of installing, repairing, or testing any meters used in connection with the waterworks.

('85 Code, § 50.20) (Ord. passed 12-3-81) Penalty, see § 10.99 (Ord. revised 3-19-19)

§ 53.022 LEAVING FAUCETS OPEN.

It shall be unlawful for any person to leave open any faucets or hydrants so as to allow water to be discharged through same, except for the purpose of legitimate use, or to knowingly permit any water pipes upon his premises to remain in a condition where the same shall leak. It shall be the duty of the Director of Public Works to turn off and refuse water to the person violating any of the provisions of this section until the time as the person shall pay to the town the amount for the unlawful waste of water as the Superintendent shall, after investigation, estimate the amount to be.

('85 Code, § 50.21) (Ord. passed 12-3-81) Penalty, see § 10.99 (Ord. revised 3-9-19)

§ 53.023 TAMPERING WITH METERS.

Without written permission of the Director of Public Works, it shall be unlawful for any person not employed by the town to bore any pipe, open any meter box, tamper with any meter, open any fire hydrant or stop cock, or interfere in any part of the system of waterworks under penalty of this chapter and in addition to the penalty, any damage caused by the unlawful interference with the waterworks may be collected from the offender.

('85 Code, § 50.22) (Ord. passed 12-3-81) Penalty, see § 10.99 (Ord. revised 3-9-19)

§ 53.024 FIRE HYDRANTS.

Water usage from hydrants located between the town limits and the point source of the town's water supply shall be limited to fire department emergencies only, unless otherwise approved by the Town Administrator.

(Motion passed 2-12-87)

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CHAPTER 53: WATER AND SEWERS

CONTRIBUTORS INTO WASTEWATER CORRECTION AND TREATMENT SYSTEM§ 53.045 ADOPTED BY REFERENCE.

Uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the town are hereby adopted by reference as if set out in their entirety.

(Ord. passed - -94)

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CHAPTER 54: STORM DRAINAGE FACILITIES

Section54.01 Definition

54.02 Enforcement and administration

54.03 Depositing substances in system

54.04 Obstructions

54.05 Permits

54.06 Right of entry

54.07 Notice to remedy conditions

54.08 Assessment of costs

54.09 Use of public funds

54.10 Acceptance by the town

§ 54.01 DEFINITION.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

STORM DRAINAGE SYSTEM. Catch basins, pipes, drains, culverts, open ditches, creeks, and rivers which carry surface water and uncontaminated water away from areas of the town; such system shall include all items hereinbefore referred to whether on public or private property and shall include public or private storm sewer systems. Provided, however, that nothing herein shall be construed to make any such item or facility a part of the municipal storm drainage system unless or until the same complies fully with the code provisions and any other ordinances applicable thereto and thereafter accepted by the town for regular maintenance; and provided further that nothing herein shall be construed to impose any obligation, liability, or responsibility on the part of the town relative to any such item or facility except as provided by the town code relative to those items or facilities which have been accepted by the town for regular maintenance.

(Ord. passed 8-16-90) (Ord. revised 3-9-19)

§ 54.02 ENFORCEMENT AND ADMINISTRATION.

The Town Administrator or his designated representative is hereby authorized to enforce and administer the provisions of this division and other ordinances of the town in connection with storm sewers, unless otherwise provided.

(Ord. passed 8-16-90)

§ 54.03 DEPOSITING SUBSTANCES IN SYSTEM.

It shall be unlawful for any person to empty or deposit in the storm system, directly or indirectly, any substance, liquid or solid, which by reason of its nature:

(A) Is or may become a public health hazard endangering human or animal health.

(B) May create a nuisance, including substances which are unsightly or malodorous or may become so.

(C) May interfere with free and rapid flow of surface water.

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CHAPTER 54: STORM DRAINAGE FACILITIES

(D) Is inflammable or explosive.

(E) May be toxic to plant and animal life.

(F) May be corrosive or in any other way damage or render unsightly the storm sewer system.

(G) Affect adversely in any manner the classification of the stream into which the storm sewer system discharges, as set by the state stream sanitation committee of the state department of water resources.

(Ord. passed 8-16-90) Penalty, see § 10.99

§ 54.04 OBSTRUCTIONS.

(A) It shall be unlawful for any person to place any obstruction in any culvert, drain, or public or private storm sewer system. Each day such obstruction shall be permitted to remain shall constitute a separate and distinct offense.

(B) It shall be unlawful for any person to install or maintain any pipes, box, culvert, duct, ditch, or any other instrument, equipment, system, or device in such way, manner, or condition as to impair, obstruct, impede, block, or hinder the free flow of surface water from streets of the town or along the town-maintained drainage system, regardless of where located.

(Ord. passed 8-16-90) Penalty, see § 10.99

§ 54.05 PERMITS.

(A) No person shall construct, repair, or alter any pipe line, box, culvert, or other device or drainage system for the purpose of draining water from any land or premises, either to or from any street or sidewalk in the town, unless he shall first have obtained therefore a permit from the Town Administrator.

(B) Construction, alteration, or repair for which a permit is required, together with the materials used in connection therewith, shall be made in accordance with specifications prescribed by the Town Administrator.

(C) The Town Administrator may deny such permit when, in his opinion, the same is detrimental to the public interest; the Town Administrator is further authorized to condition the issuance of any such permit upon applicant's providing, at his own expense and with the permission of any property owners involved, suitable outlets for any anticipated surface waters downstream or downhill from the land or premises of the applicant; provided, however, that any applicant can appeal directly to the Board of Aldermen from any decision made under this section by the Town Administrator.

(D) Nothing in this section shall be construed to render the town liable to any person or property owner for injury or damage which may be occasioned by reason of surface water whether flowing within or without of the storm drainage system.

(Ord. passed 8-16-90) Penalty, see § 10.99

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CHAPTER 54: STORM DRAINAGE FACILITIES

§ 54.06 RIGHT OF ENTRY.

To provide for more efficient supervision over the condition of the streets and sidewalks and so that causes contributing to making streets and sidewalks unsafe for use may be removed and corrected without delay, the Town Administrator or his designee is authorized and empowered to go on private property for the purpose of inspecting drains, pipes, ducts, and other systems or devices employed to drain surface water.

(Ord. passed 8-16-90)

§ 54.07 NOTICE TO REMEDY CONDITIONS.

If the Town Administrator finds any storm sewer systems, such as drains, culverts, ducts, or other drainage systems, so constructed, arranged, clogged, or in such disrepair as to impede, obstruct, or hinder the free flow of surface water from any of the streets or sidewalks of the town, he shall notify the owner of the premises on which the condition exists to remedy same at once so that obstruction shall be removed and the condition corrected. On the receipt of the notice it shall be the duty of the landowner in question immediately the subject of the notice to be corrected.

(Ord. passed 8-16-90) Penalty, see § 10.99

§ 54.08 ASSESSMENT OF COSTS.

The full costs of storm drains and associated facilities constructed or ordered to be constructed by town officials shall be specially assessed to the abutting property owners on a pro rata footage basis, except as follows:

(A) When storm drain facilities are included as an integral part of a street improvement project, the costs shall be specially assessed as a part of and on the same basis as the remainder of the street improvements provided for in the project and constructed under the provisions set forth by the Town Administrator and approved by the Board of Aldermen.

(B) When existing storm drain facilities shall be replaced with larger size facilities due to increased storm water flow collected on and carried along town-owned streets and/or drain lines, the town shall pay the full cost thereof subject to the provisions of § 54.10.

(C) When a diversion or change in a natural drainage course is approved by the Board of Aldermen and results in a need for storm drainage improvements across private property, the town may, if approved by the Board of Aldermen, share in the payment of the costs with the party or parties requesting or causing the diversion or change in the storm water flow. The amount of the town's participation shall be individually determined in each instance. In such instances the provisions of § 54.10 need not apply; except, that if it is intended that the town shall assume maintenance responsibility for the completed facility, the provisions of § 54.10 shall apply.

(D) When requested by the abutting property owner, the town, subject to the provisions of § 54.10, may share in the cost of driveway culvert installation. In such cases, the property owner shall purchase the pipe and materials required for the installation. The materials purchased must be approved by the Town Administrator and the pipe shall not be less than 15 inches in diameter. If these conditions are met, the town shall install the pipe.

(Ord. passed 8-16-90)

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CHAPTER 54: STORM DRAINAGE FACILITIES

§ 54.09 USE OF PUBLIC FUNDS.

Public funds shall not be used for the construction, alteration, replacement, repair, and/or maintenance of storm drain facilities except where such facilities are located on town-owned property or within town-owned easements or right-of-way.

(Ord. passed 8-16-90) Penalty, see § 10.99

§ 54.10 ACCEPTANCE BY THE TOWN.

Prior to acceptance of a storm drain by the town for maintenance, the following conditions shall be satisfied:

(A) The facility shall serve a public need.

(B) The design and construction of the facility shall have been approved by the Town Administrator.

(C) All construction costs thereof shall have been paid.

(D) If not located within a street right-of-way, a properly executed easement or right-of-way instrument shall have been delivered to and approved by the Town Attorney.

(Ord. passed 8-16-90)

30

Section

General Provisions

55.001 Purpose and policy

55.002 Definitions and abbreviations

55.003 Conflict

Regulations

55.010 Prohibited discharge standards

55.011 National Categorical Pretreatment Standards

55.012 Local limitations

55.013 State requirements

55.014 Right of revision

55.015 Dilution

55.016 Flow equalization

55.017 Pretreatment of wastewater

55.018 Grease trap regulations

55.019 Accidental and/or slug load discharges

Fees

55.030 Purpose

55.031 User charges

55.032 Surcharges

55.033 Determining the character and concentration of wastes

55.034 Surcharge calculations

55.035 Pretreatment program administration charges

Wastewater Discharge Permit Application

55.050 Wastewater dischargers

55.051 Wastewater permits

Reporting Requirements

55.060 Baseline monitoring reports

55.061 Compliance schedule progress reports

55.062 Reports on compliance with categorical pretreatment standard deadline

55.063 Periodic compliance reports

55.064 Reports of changed conditions

55.065 Reports of potential problems

55.066 Reports from unpermitted users

55.067 Notice of violation/repeat sampling and reporting

55.068 Notification of discharge of hazardous wastes

55.069 Analytical requirements

55.070 Sample collection

55.071 Timing

55.072 Record keeping


Compliance Monitoring

55.080 Monitoring facilities

55.081 Inspection and sampling

55.082 Search warrants

Confidential Information

55.090 Confidential information

Enforcement

55.100 Administrative remedies

55.101 Civil penalties

55.102 Judicial remedies

55.103 Other remedies

55.104 Remedies nonexclusive

Annual Publication of Significant Noncompliance

55.110 Annual publication of significant noncompliance

Affirmative Defenses to Discharge Violations

55.120 Upset provision

55.121 Prohibited discharge standards defense

55.122 Bypass

Enforcement Response Plan

55.130 Introduction

55.131 Enforcement authorities available to the town

55.132 Noncompliance determinations

55.133 Responses to noncompliance

GENERAL PROVISIONS

§ 55.001 PURPOSE AND POLICY.

(A) This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town of Fremont, hereafter referred to as the town, and enables the town to comply with all applicable state and federal laws required by the Clean Water Act of 1977 (being 33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403).

(B) The objectives of this chapter are:

(1) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(4) To protect both municipal personnel who may come into contact with sewage, sludge, and effluent in the course of their employment as well as protecting the general public;

(5) To provide for equitable distribution of the cost of operation, maintenance, and improvement of the municipal wastewater system; and

(6) To ensure the municipality complies with its NPDES or non-discharge permit conditions, sludge use, and disposal requirements and any other federal or state laws which the municipal wastewater system is subject to.

(7) To aid in the prevention of wastewater collection system blockages, and resulting sanitary sewer obstructions from contributions and accumulation of fats, oils, and greases into the municipal wastewater system from industrial or commercial establishments, particularly food preparation and serving facilities.

(C) This regulation provides for the regulation of direct and indirect contributors to the municipal wastewater system, through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(D) This regulation shall apply to all users of the town wastewater collection and conveyance system and to persons outside the town, who are, by permit or agreement with the town, users of the town wastewater facilities. Except as otherwise provided herein, the Public Utilities Director shall administer, implement, and enforce the provisions of this regulation. Any powers granted to or imposed upon the Utilities Director may be delegated by said Director to other town personnel. By discharging wastewater into the municipal wastewater system, industrial users located beyond the town limits agree to comply with the terms and conditions established in this regulation, as well as any permits or orders issued hereunder.

(Ord. passed 12-18-01)

33

§ 55.002 DEFINITIONS AND ABBREVIATIONS.

(A) Unless the context specifically indicates otherwise, the following terms and phrases, as used in this regulation, shall have the meanings hereinafter designated:

ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et. seq.

APPARENT COLOR. The color of a sample containing both substances in solution and suspended matter, expressed in wavelengths of light.

APPROVAL AUTHORITY. The Director of the Division of Environmental Management of the North Carolina Department of Environment, Health, and Natural Resources or his or her designee.

AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER.

(1) If the industrial user is a corporation, authorized representative shall mean:

(a) The president, secretary, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in 2001 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the industrial user is a partnership, association, or sole proprietorship, an authorized representative shall mean a general partner or the proprietor.

(3) If the industrial user is representing federal, state or local governments, or an agent thereof, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.

(4) The individuals described in divisions (1) through (3) of this definition above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the authorization is submitted to the town.

BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/l)).

BUILDING INSPECTOR. The town's Chief Building Inspector.

34

BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.

BYPASS. The intentional diversion of wastestreams from any portion of a user's treatment facility.

CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND or CBOD5. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade, with a chemical inhibitor added to prevent interference from nitrogenous demand, expressed in terms of weight and concentration (milligrams per liter (mg/l)).

CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standards.

CHEMICAL OXYGEN DEMAND or COD. The measure of the oxygen equivalent of the organic content of a sample that is susceptible to oxidation by a strong chemical oxidant (oxygen taken up in chemical reaction of organic material).

COLOR. The “true color” due to the substances in solution expressed in wavelengths of light.

COMMERCIAL USER. Any facility which discharges non-domestic wastes.

COMMERCIAL WASTES. The wastes resulting from processes employed in commercial facilities, food preparation, and/or serving facilities, as distinct from domestic wastes.

CONTROL AUTHORITY. The APPROVAL AUTHORITY, as defined hereinabove, or the POTW Director of the town upon approval of the town's pretreatment program.

COOLING WATER. The water discharged from any use, such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.

DIRECTOR. The Public Utilities Director of the town, or his or her authorized representatives.

DOMESTIC WASTES. Liquid wastes:

(1) From the noncommercial preparation, cooking, and handling of food; or

(2) Containing human excrement and similar matter from the sanitary conveniences of dwelling, commercial buildings, industrial facilities, and institutions.

ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of that agency.

ESTABLISHMENT(S). A non-domestic user who is served by the town's wastewater system.

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FOOD COOKING ESTABLISHMENTS. Those establishments engaged in activities of preparing, serving, or otherwise making available for the public or its clientele consumption foodstuffs which establishments use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching, as well as those establishments engaged in activities utilizing infrared heating, searing, barbecuing, and any other food preparation activities that produces a hot, non-drinkable food product in or on a receptacle that requires washing.

FOOD NON-COOKING ESTABLISHMENTS. Those establishments engaged in the preparation of foodstuffs that do not include any form of cooking. These include dairy, ice cream, yogurt, and frozen yogurt foodstuffs preparation and serving establishments.

GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

GREASE, FATS, AND OILS. Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures (EPA Method 413; EPA Method 1664).

GREASE, FATS & OILS TRAP OR INTERCEPTOR. Hereinafter referred to as GREASE TRAP or GREASE INTERCEPTOR. A device for separating and retaining waterborne greases, fats, and oils, and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settleable solids, generated by and from dairy and food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps and interceptors are sometimes referred to herein as GREASE INTERCEPTORS.

GREASE TRAP USE OR INTERCEPTOR MINIMUM DESIGN CAPABILITY. The design features of a grease trap or interceptor and its ability or volume required to effectively intercept and retain greases, fats, and oils from wastewaters discharged to the municipal wastewater system from a non-residential establishment.

HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act, (33 USC 1317), into the wastewater system (including holding tank waste discharged into the system).

INDUSTRIAL WASTES. The wastes resulting from the process employed in industrial, manufacturing, trade, or business establishments, as distinct from domestic wastes.

INTERFERENCE. The inhibition or disruption of the sanitary sewer facilities, operations, or its sludge process, use or disposal, which causes or contributes to a violation of any requirement of the Goldsboro NPDES or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statues, regulations, or permits. The term includes prevention of sewage sludge use of disposal by the POTW in accordance with 405 of the Act, (33 USC 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

MEDICAL WASTES. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

NATIONAL CATEGORICAL PRE-TREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 USC 1317) which applies to a specific category of Industrial Users, and which appears in 40 CFR Parts 402 through 471 (40 CFR Chapter 1, Subchapter N, Parts 405 through 471).

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to G.S. § 143-215.1.

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Absolute prohibitions against the

discharge of certain substances; these prohibitions appear in § 55.010 and are developed under the authority of § 307(b) of the Act (33 USC 1317) and 40 CFR 403.5.

NEW SOURCE.

(1) Any building, structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under § 307(c) of the Act (33 USC 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with § 307(c) (33 USC 1317), provided that:

(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or

(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source of the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(b) or (1)(c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

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(3) For purposes of this definition, construction of a new source has commenced if the owner or operator has:

(a) Begun or caused to begin as part of a continuous on-site construction program:

1. Any placement, assembly, or installation of facilities or equipment; or

2. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contacts which can be terminated or modified without substantial loss and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NON-DISCHARGE PERMIT. A disposal system permit issued by the State pursuant to G.S. § 143-215 .1.

NON-DOMESTIC POLLUTANTS. Any substances other than human excrement and house-hold gray water (shower, dishwashing, operations, and the like). Non-domestic pollutants include the characteristics of the wastewater (that is, including but not limited to pH, temperature, TSS, turbidity, color, BOD, CBOD5, COD, toxicity, odor).

NON-RESIDENTIAL USER. Any industrial or commercial user.

PASS THROUGH. A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the

POTW NPDES, or non-discharge permit, or a downstream water quality standard.

PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, and local government entities.

pH. A measure of the acidity or alkalinity of a substance, expressed as standard units and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

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POLLUTANT. Any “waste,” as defined in G.S. § 143-213(18) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural waste, and certain characteristics of wastewater (for example, pH, temperature, TSS, turbidity, color, CBOD5, BOD, COD, toxicity, or odor.

POLLUTION. The main-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or other alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollution into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT PROGRAM. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the town in compliance with 40 CFR 403.8 and approved by the Approval Authority as authorized by G.S. § 143-215.3(a)(14) in accordance with 40 CFR 403.11.

PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.

PRETREATMENT STANDARDS. Prohibited discharge standards, categorical standards, and local limits.

PUBLICLY OWNED TREATMENT WORKS (POTW) or MUNICIPAL WASTEWATER SYSTEM. A treatment works as defined by Section 212 of the Act (33 USC 1292) which is owned in this instance by the City of Goldsboro into which the town discharges its wastewater. This definition includes any devices for systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of this chapter, POTW shall also include any sewers that convey wastewater to the POTW from persons outside the town who are, by contract or agreement with the town, or in any other way, users of the town's POTW.

RECEIVING WATER. That body of water, stream, or water course receiving the discharge waters from the sewage treatment plant or formed by the waters discharged from the sewage treatment plants.

RESIDENTIAL USERS. Users discharging domestic wastes who are not industrial users or commercial users.

SANITARY SEWER. A sewer intended to receive domestic sewage and industrial waste, except that of the type expressly prohibited by this regulation, without the admixture of surface water and storm water.

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SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.

SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater disposal system who:

(1) Has an average process wastewater flow of 25,000 gallons per day; or

(2) Contributes more than 5% of any design or treatment capacity (that is, allowable pollutant load) of the wastewater treatment plant receiving the indirect discharge; or

(3) Is required to meet a National Categorical Pretreatment Standard; or

(4) Is found by the town, the Division of Environmental Management or the U.S. Environ-mental Protection Agency (EPA) to have the potential for impact, either singly or in combination with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or compliance with any pretreatment standards or requirements.

SIGNIFICANT NONCOMPLIANCE or REPORTABLE NONCOMPLIANCE. A status of noncompliance defined as follows:

(1) Violations of wastewater discharge limits.

(a) Chronic violations. Sixty-six percent (66%) or more of the measurements exceed (by any magnitude) the same daily maximum limit or the same average limit in a six-month period.

(b) Technical Review Criteria (TRC) violations. Thirty-three percent (33%) of the sample measurement which are equal to or exceed the TRC times the limit (maximum or average) in a six-month period. There are two groups of TRCs:

1. For conventional pollutants: CBOD, TSS, fats, oil, and grease:

TRC = 1.4

2. For all other pollutants:

TRC = 1.2

(c) Other violations. Any other violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass-through; or endangered the health of the sewage treatment plant personnel or the public.

(d) Discharge of imminent endangerment. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

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(2) Violations of compliance schedule mile-stones. Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

(3) Failure to provide reports. Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due date.

(4) Failure to accurately report noncompliance.

SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 55.010.

STANDARD INDUSTRIAL CLASSIFICATION or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, or any successor classification.

STATE. The State of North Carolina.

STORM SEWER or STORM DRAIN. A sewer which carries storm or surface waters and drainage but excludes sewage and industrial wastes.

STORM WATER. Any flow occurring during or following any form of natural participation and resulting therefrom.

SUPERINTENDENT. The person designated by the town to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.

SURCHARGE. A charge of a user of the public sewer system based on the pounds of a particular constituent in wastewater, in excess of a specified level of concentration. SURCHARGES are levied in addition to a regular sewer service charge.

SURCHARGING OF SANITARY SEWER. The sewer is receiving more wastewater than its flowing full hydraulic capacity, and the amount of wastewater entering the sewer greater than its flowing full hydraulic capacity results in manhole water levels above the elevation of the top of the sewer pipe.

SUSPENDED SOLIDS. The total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquids and which is removable by laboratory filtering, expressed as milligrams per liter (mg/1).

TOWN. The Town of Fremont, North Carolina.

TOWN BOARD. The Board of Aldermen of the town.

TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environ-mental Protection Agency under the provision of § 307(a) of the Clean Water Act (33 USC 1317) or other acts.

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TRANSMISSIVITY. The percent of light passing unobstructed through a sample at a light wavelength of 254 nm, using Standard Methods 5910-8: Ultraviolet Absorption Method, expressed as percent per cm.

TRUE COLOR. The color of a sample in which turbidity has been removed, expressed in wavelengths of light.

UNIFORM PLUMBING CODE. Written guidelines and regulations in the state governing plumbing criteria for type and use of plumbing systems.

UNPOLLUTED WATER. Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water discharge of which will not cause any violation of receiving water quality standards.

UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

USER. Any person who contributes, causes, or permits the contribution of wastewater into the town's wastewater treatment system, and who pays or who is or would be legally responsible for the payment of utility rates or charges made against said premises upon its connection to the water distribution system of the town. This term also includes persons who contribute wastes from mobile sources.

UTILITIES DIRECTOR. The Public Utilities Director of the town.

VARIANCE. A relaxation of the terms of this chapter where such variance will not be contrary to the public interest, health, safety, or public welfare.

WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.

WASTEWATER PERMIT. As set forth in § 55.051.

WASTEWATER TREATMENT SYSTEM. Any devices, facilities, structures, equipment, or works owned or used by the town for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including interception sewer, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations

thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

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WATER POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourse, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface, or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any potion thereof.

WASTEWATER DISCHARGE PERMIT. As set forth in § 55.051.

(B) Other terms. Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

(C) Gender neutrality. This chapter is gender neutral and the masculine gender shall include the feminine and vice-versa. SHALL is mandatory; MAY is permissive or discretionary. The use of the singular shall be construed to include the plural, and the plural shall include the singular as indicated by the context of its use.

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(D) Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:

CBOD

Carbonaceous Biochemical Oxygen Demand

CFR

Code of Federal Regulations

COD

Chemical Oxygen Demand

EPA

Environmental Protection Agency

gpd

Gallons per Day

G.S.

North Carolina General Statutes

l

Liter

mg

Milligram(s)

mg/l

Milligram(s) per liter

NPDES

National Pollution Discharge Elimination System

O&M

Operation and Maintenance

POTW

Publicly Owned Treatment Works

SIC

Standard Industrial Classification

SIU

Significant Industrial User

SWDA

Solid Waste Disposal Act, 42 USC 6901 et seq.

TKN

Total Kjeldahl Nitrogen

TN

Total Nitrogen

TP

Total Phosphorus

TSS

Total Suspended Solids

USC

United States Code

(Ord. passed 12-18-01)

§ 55.003 CONFLICT.

All other regulations and parts of other regulations inconsistent or conflicting with any part of this regulation are hereby repealed to the extent of such inconsistency or conflict.

(Ord. passed 12-18-01)

REGULATIONS

§ 55.010 PROHIBITED DISCHARGE STANDARDS.

(A) General prohibitions. No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any national, state, or local pretreatment standards or requirements.

(B) Specific prohibitions. No user shall contribute or cause to be contributed into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire and/or explosive hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140̊F (60̊C) using the test methods specified in 40 CFR 261.21.

(2) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference (but in no case solids greater than 1/2-inch in any dimension).

(3) Any fats, oils, or greases, including but not limited to petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, and animal and/ or plant oils used in food preparation and the like, in amounts that will cause interference or pass through.

(4) Any wastewater having a pH less than 5.0 is absolutely prohibited.

(5) Any wastewater having a pH more than 9.0, except as allowed in a wastewater discharge permit issued by the town, or wastewater having any other corrosive property capable of causing damage to the POTW or equipment.

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(6) Any wastewater containing pollutants, including oxygen-demanding pollutants (CBOD5 and the like) in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the POTW wastewater treatment system or any wastewater treatment or sludge process or constitute a hazard to humans or animals.

(7) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(8) Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(9) Any wastewater which imparts color which cannot be removed by the treatment process, including but not limited to dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses.

(10) Any wastewater having a temperature greater than 150̊F (65̊C) or which will inhibit biological activity in the POTW treatment resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104̊F (40̊C) or wastewater having temperatures in excess of 140̊F (60̊C) discharging to any grease trap or interceptor.

(11) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the POTW Director in compliance with applicable state or federal regulations.

(12) Any pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause worker health and safety problems.

(13) Any trucked or hauled pollutants, except at discharge points designated by the Utilities Director in accordance with § 55.018(B).

(14) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the Utilities Director.

(15) Any industrial wastes containing floatable fats, waxes, grease, or oils, or which become floatable at the wastewater temperature at the introduction to the treatment plant during the winter season.

(16) Non-biodegradable cutting oils, commonly called soluble oils, which form a persistent water emulsion, and non-biodegradable complex carbon compounds.

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(17) Any sludges, screenings, or other residues from the pretreatment of industrial wastes

(18) Any medical wastes, except as specifically authorized by the Utilities Director in a wastewater discharge permit.

(19) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system.

(20) Any material identified as hazardous waste according to 40 CFR Part 261 except as may be specifically authorized by the Utilities Director.

(21) Any wastewater causing the treatment plant effluent to violate state water quality standards for toxic substances as described in 15A NCAC 2B.0200.

(22) Wastewater causing, along or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(23) Recognizable portions of the human or animal anatomy.

(24) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system.

(25) At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.

(26) Any clothing, rags, remnants or waste, cloth, scraps, except fibers or scrap that will pass through a 1/4-inch mesh screen or its equivalent in screening ability.

(C) Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal wastewater system. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the system. When the Utilities Director determines that a user(s) is contributing to the POTW any of the above enumerated substances in such amounts which may cause or contribute to interference of POTW operations or pass through, the Utilities Director shall:

(1) Advise the user(s) of the potential impact of the contribution on the POTW in accordance with § 55.100; and

(2) Take the appropriate actions in accordance with §§ 55.050 and 55.051 for such user to protect the POTW from interference or pass through.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.011 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.

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(A) Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Parts 405 through 471 (40 CFR Chapter 1, Subchapter N, Parts 405 through 471) and incorporated herein, or more stringent requirements under this regulation.

(B) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant is wastewater, the POTW Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

(C) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the POTW Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

(D) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(E) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

(Ord. passed 12-18-01)

§ 55.012 LOCAL LIMITATIONS.

(A) A non-domestic waste survey is required prior to a user discharging wastewater containing parameters in excess of the following daily average discharge limits (based on a 24-hour composite sample or composite sample collected during the hours of operation and discharge):

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Parameter

New Proposed Concentration Limit mg/l

CBOD5

250

TSS

250

NH3-N

15

COD

500

Total Phosphorus

4

Phenol

1.2

Arsenic (must be below detection level of 0.005 mg/1)

0.003

Cadmium

0.003

Copper

0.061

Cyanide

0.041

Lead

0.049

Mercury

0.003

Nickel

0.021

Silver

0.005

Total Chromium

0.05

Zinc

0.175

Oil & Grease

100

Total Nitrogen

40

(B) A non-domestic waste survey will be used to develop user-specific, local limits when necessary to ensure that the POTW's Maximum Allowable Headworks Loading is not exceeded for particular pollutants of concern. User-specific local limits for appropriate pollutants of concern shall be included in wastewater permits. The Utilities Director may impose mass limits in addition to or in place of concentration-based limits. Compliance with all parameters may be determined from a grab sample(s).

(C) The Utilities Director will monitor for transmissivity and determine whether transmissivity limits should be included in the industrial user permits.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.013 STATE REQUIREMENTS.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this regulation.

(Ord. passed 12-18-01)

§ 55.014 RIGHT OF REVISION.

The town reserves the right to establish limitations and requirements which are more stringent than those required by either state or federal regulation if deemed necessary to comply with the objectives presented in § 55.001 or the general and specific prohibitions in §§ 55.010 through 55.018, as is allowed by 40 CFR 403.4.

(Ord. passed 12-18-01)

§ 55.015 DILUTION.

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No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the town or state.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.016 FLOW EQUALIZATION.

When a user's indirect discharge flow rates or concentrations vary to an extent that results in a significant impact on the operation of the WWTP, the Utilities Director may require that the user construct and maintain, at his or her own expense, a flow equalization basin of a design approved by the Utilities Director.

(Ord. passed 12-18-01)

§ 55.017 PRETREATMENT OF WASTEWATER.

(A) Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and wastewater permits issued under § 55.051 and shall achieve compliance with all national categorical pretreatment standards, local limits, and the prohibitions set out in § 55.010 within the time limitations as specified by EPA, the state, or the Utilities Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town for review and shall be approved by the Utilities Director before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the town under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Utilities Director prior to the user's initiation of the changes.

(B) Additional pretreatment measures.

(1) Whenever deemed necessary, the Utilities Director may require users to restrict their discharge during peak flow periods, designate that specific sewers, relocate and/or consolidate points of discharge, separate domestic sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

(2) The Utilities Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(3) Sand interceptors shall be installed when, in the opinion of the Building Inspector, they are necessary for the proper handling of wastewater containing excessive amounts of sand, except that such interceptors shall not be required for residential users. All sand interception units shall be of type and capacity approved by the Building Inspector and shall

be so located to be easily accessible for cleaning and inspection. Such sand interceptors shall be installed, inspected, cleaned, and repaired regularly, as needed, by users at their expense.

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(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.018 GREASE TRAP REGULATIONS.

(A) Grease, fats, and oil interceptors shall be installed and maintained by users operating food cooking establishments. Grease interceptors may also be required in food non-cooking establishments and other industrial or non-domestic users when, in the opinion of the Building Inspector, they are necessary for the proper handling of wastewater containing excessive amounts of grease, fats, and oils, except that such interceptors shall not be required for residential users. Interceptors shall be installed and maintained at the user's expense.

(B) No user shall allow any wastewater discharge concentration from the interceptor to exceed 325 milligrams per liter (EPA Method 1664) or 275 milligrams per liter (EPA Method 413) in fats, oils, greases. The limits shall be consistently maintained.

(C) All interception units shall be of type and capacity approved by the Building Inspector and shall be so located to be easily accessible for cleaning, inspection, and wastewater effluent sampling. Such interceptors shall be inspected, cleaned of grease, sludge, debris, and the like and repaired as required in order to maintain minimum design capability of the grease interceptor, but not less often than every 30 days. This maintenance shall be performed by users at their expense.

(D) The Public Utilities Director, in his or her discretion, may grant a variance to a user as it relates to the required grease trap/interceptor cleanout requirements based upon certified documentation that the requirements of this chapter impose an unnecessary or unreasonable burden on the user. The

Public Utilities Director may rescind or modify such variance if the quantity or concentration of the user's discharge has changed or causes a detriment to the town's sewer collection system.

(E) Access manholes, with a minimum diameter of 24 inches, shall be provided over each interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow and infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.

(F) Minimum design capability of the interceptor must be in accordance with the state Uniform Plumbing Code and provide for a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the calculated theoretical peak flow rate as predicted by the Uniform Plumbing Code fixture criteria, between the influent and effluent baffles with 20 percent of the total volume of the grease interceptor being allowed for sludge to settle and accumulate.

(G) Grease interceptors that are 50 pounds or larger in size must be cleaned out commercially. The grease, fats, and oils removed from a grease interceptor must be put in an appropriate container and properly disposed of as solid waste or recycled commercially. Care must be taken to prevent grease, fats, and oils from entering the storm water system or sanitary sewer system. No non-grease laden sources are allowed to be connected to any sewer line intended for grease interceptor service.

(H) The user shall maintain a written record of interceptor maintenance for three years. All such records will be available for inspection by the town at all times. The user shall submit written reports of such maintenance when requested by the town.

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(I) Any user required to install or upgrade a grease interceptor by the Building Inspector must complete the installation or upgrade of the grease interceptor within six months after written notification from the Building Inspector. The size, type, and location of the grease interceptor shall be approved by the Building Inspector. If an obstruction of a town sewer main(s) occurs that causes a sanitary sewer overflow and the overflow can be attributed in part to the user, the user shall be required to install or upgrade a grease interceptor with 30 days after notice from the town. In cases of sanitary sewer overflows, the town shall take appropriate enforcement actions, as set forth in the town's industrial pretreatment enforcement plan and the sewer use ordinance, against the user.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.019 ACCIDENTAL SPILL AND/OR SLUG LOAD DISCHARGES.

(A) Accidental spill and/or slug control plans. At least once every two years, the Utilities Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Utilities Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Utilities Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

(1) Description of discharge practices, including non-routine batch discharges;

(2) Description of stored chemicals.

(3) Procedures for immediately notifying the Utilities Director of any accidental or slug discharged as required by § 55.065; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include but are not limited to inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building or containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(5) It is the responsibility of the user to update plans upon any changes.

(B) Hauled wastewater.

(1) Septic tank waste may be introduced into the POTW only at locations designated by the Utilities Director and at such times as are established by the Utilities Director. Such waste shall not violate §§ 55.010 through 55.018 or any other requirements established by the town. The Utilities Director may require septic tank waste haulers to obtain wastewater discharge permits.

(2) The Utilities Director shall require haulers of industrial waste to obtain wastewater discharge permits. The Utilities Director may require generators of hauled industrial waste to obtain wastewater discharge permits. The Utilities Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

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(3) Industrial waste haulers may discharge loads only at locations designated by the Utilities Director. No load may be discharged without prior consent of the Utilities Director. The Utilities Director may collect samples of each hauled load to ensure compliance with applicable standards. The Utilities Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(4) Industrial waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The

form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

FEES

§ 55.030 PURPOSE.

It is the purpose of this subchapter to provide for the recovery of costs from the users of the town's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the town's schedule of charges and fees, as established in a resolution by the Board of Aldermen of the town.

(Ord. passed 12-18-01)

§ 55.031 USER CHARGES.

(A) A user charge shall be levied on all users, including but not limited to persons, firms, corporations, or governmental entities that discharge, or cause or permit the discharge of sewage into the POTW.

(B) The user charge shall reflect at least the cost of debt service, operation, and maintenance (including replacement) of the POTW.

(C) Each user shall pay its proportionate cost based on volume of flow.

(D) The Town Administrator shall review annually the sewage contributions of users, the total costs of debt service, and operation and maintenance of the POTW, and will make recommendations to the Town Board of Aldermen for adjustments in the schedule of charges and fees as necessary.

(E) Charges for flow to the POTW not directly attributable to the users shall be distributed among all users of the POTW based upon the volume of flow of the users.

(Ord. passed 12-18-01)

§ 55.032 SURCHARGES.

(A) All industrial users of the POTW are subject to industrial waste surcharges on discharges which exceed the levels stated in §55.012.

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(B) The amount of surcharge will be based upon the mass emission rate (in pounds per day) discharged above the levels listed in § 55.012. The amount charged per pound of excess will be set forth in the Schedule of Charges and Fees.

(1) The volume of flow used in determining the total discharge of wastewater for payment of user charges and surcharges shall be based on the following:

(a) Metered water consumption as shown in the records of meter readings maintained by the town; or

(b) If required by the town or at the individual discharger's option, other flow monitoring devices which measure the actual volume of wastewater discharged to the sewer. Such devices shall be accessible and safely located, and the measuring system shall be installed in accordance with plans approved by the town. The metering system shall be installed and maintained at the user's expense according to arrangements that may be made with the town.

(c) Where any user procures all or part of his water supply from sources other than the town, the user shall install and maintain at his or her own expense a flow measuring device of a type approved by the town.

(2) The character and concentration of the constituents of the wastewater used in determining surcharges shall be determined by samples collected and analyzed by the town. Samples shall be collected in such a manner as to be representative of the actual discharge and shall be analyzed using procedures set forth in 40 CFR Part 136.

(3) When the quantity of wastewater discharged at any point exceeds 5% of total daily wastewater flow as measured at the treatment plant, the user discharging such wastewater shall install and maintain, at his or her own expense, a wastewater flow meter and recorder of a type approved by the Director for the purpose of determining the volume of flow to be charged. Each separate industrial plant will be considered and assessed individually even though a user may operate two or more industrial plants of the town's sewerage system.

(Ord. passed 12-18-01)

§ 55.033 DETERMINING THE CHARACTER AND CONCENTRATION OF WASTES.

(A) The industrial waste of each user discharging same into the town's WWTP shall be subject to periodic inspection, and a determination of character and concentration of the wastes shall be made semi-annually, or more often as may be deemed necessary, by the Utilities Director or his or her authorized assistants. Sampling to determine the concentrations will be on a composite basis. Grab samples may be used as required to determine short-term characteristics that may be deleterious to the treatment process.

(B) Samples shall be collected in such manner as to be representative of the actual quality of the wastes. The laboratory methods used in the examination of the wastes shall be those set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, one copy of which shall be maintained in the office of the Utilities Director for inspection by any interested parties.

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(C) The determination of the character and concentration of the industrial wastes by the Utilities Director, or his or her authorized assistants, shall be binding as a basis for charges. Industries wishing to have another sample taken other than at the regular interval may request the Utilities Director to take such a sample. Costs of such additional sampling and testing shall be borne by the industry.

(D) The Utilities Director shall receive copies of all test results of samples taken from the wastewater flow within the pretreatment facility.

(Ord. passed 12-18-01)

§ 55.034 SURCHARGE CALCULATIONS.

(A) Surcharge calculations shall be based on monthly average concentrations. The following formula shall be used in computing a user's surcharge bill:

SC = 8.34 × Q × [(CBOD5 - 250) × ($CBOD5) + (TSS - 250) × ($TSS) + (TP - 4) × ($TP) + (NH3 - 15) × ($NH3)] + Cex

(B) Definitions for surcharge calculations:

SC =

Total Surcharge

8.34 =

Constant to convert mg/l to pounds

Q =

Industrial waste flow expressed in million gallons

CBOD5 =

5-day CBOD5 in mg/l of industrial waste

$CBOD5 =

Surcharge rate for CBOD5 expressed as dollars per pound of CBOD5

TSS =

Total suspended solids in mg/l of the industrial waste

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$TSS =

Surcharge rate for total suspended solids expressed as dollars per pound of TSS

250,

250,

4, 15 =

The CBOD5, TSS, TP, and Ammonia-Nitrogen surcharge thresholds as specified in § 55.012

TP =

Total Phosphorus in mg/l of the industrial waste

$TP =

Surcharge rate for total phosphorus expressed as dollars per pound of TP

Cex =

Extra costs incurred to the town incident to the supervision, inspection, sampling, and analyzing of wastes as set forth shall be included in the surcharge made to users discharging wastes into the WWTP

NH3 =

Ammonia in mg/l of the industrial waste

$NH3 =

Surcharge rate for ammonia expressed as dollars per pound of NH3

(Ord. passed 12-18-01)

§ 55.035 PRETREATMENT PROGRAM ADMINISTRATION CHARGES.

(A) The schedule of charges and fees adopted by the town may include charges and fees for:

(1) Fees for reimbursement of costs of setting up and operating the town's pretreatment program.

(2) Fees for monitoring, inspection, and surveillance procedures.

(3) Fees for reviewing accidental discharge procedures and construction.

(4) Fees for permit applications.

(5) Fees for filing appeals.

(6) Fees for consistent removal by the town WWTP of pollutants otherwise subject to federal pretreatment standards.

(7) Other fees as the town may deem necessary to carry out the requirements contained herein.

(B) These fees relate solely to the matters covered by these regulations and are separate from all other fees chargeable by the town.

(Ord. passed 12-18-01)

WASTEWATER DISCHARGE PERMIT APPLICATION

§ 55.050 WASTEWATER DISCHARGERS.

It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the town. When requested by the Utilities Director, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Utilities Director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.051 WASTEWATER PERMITS.

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All significant industrial users shall obtain a significant industrial user permit prior to the commencement of discharge to the POTW. Existing industrial users who are determined by the Utilities Director to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the Utilities Director's determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of

the Utilities Director be required to obtain a wastewater contribution permit for non-significant industrial users.

(A) Significant industrial user determination of characteristics of an existing discharge of non-domestic wastewater, shall request from the Utilities Director a significant industrial user determination. If the Utilities Director determines or suspects that the proposed discharge fits the significant industrial user criteria, the Director will require. All persons proposing to discharge non-domestic wastewater, or proposing to change the volume re that a significant industrial user permit application be filed.

(B) Significant industrial user permit application. Users required to obtain a significant industrial user permit shall complete and file with the town an application in the form prescribed by the Utilities Director and accompanied by an application fee in the amount prescribed in the schedule of charges and fees. Significant industrial users shall apply for a significant industrial user permit within 90 days after notification of the Utilities Director's determination in division (A) above. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information.

(1) Name, address, and location (if different from the address);

(2) Standard industrial classification (SIC) codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated;

(3) Analytical data on wastewater constituents and characteristics, including but not limited to those mentioned in § 55.012, any of the priority pollutants (§ 307(a) of the Act) which the applicant knows or suspects are present in the discharge as determined by a reliable analytical laboratory, and any other pollutant of concern to the POTW; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR Part 136, as amended;

(4) Time and duration of the indirect discharge;

(5) Average daily and 30 minute peak wastewater flow rates, including daily, monthly, and seasonal variations if any;

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;

(7) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be accidentally or intentionally discharged.

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(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any town, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:

(a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment

required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine months.

(b) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Utilities Director, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Utilities Director.

(10) Each product produced by type, amount, process or processes, and rate of production;

(11) Type and amount of raw materials processes (average and maximum per day);

(12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(13) If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR 403.12(b) and 15A NCAC 2H .0908(a), as outlined in § 51.060;

(14) Any necessary certification and/or signatory requirement as outlined in 40 CFR 403.12(1).

(15) Any other information as may be deemed by the Utilities Director to be necessary to evaluate the permit application.

(16) The Utilities Director will evaluate the data furnished by the user and may require additional information.

(C) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: “I certify under penalty of law that this document and all attachments were prepared under my director or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

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(D) Application review and evaluation.

(1) The Utilities Director is authorized to accept applications for the town and shall refer all applications to the utilities staff for review and evaluation.

(2) Within 30 days of receipt, the Utilities Director shall acknowledge and accept the complete application or, if not complete, shall return the application to the applicant with a statement of what additional information is required.

(E) Tentative determination and draft permit.

(1) The Utilities staff shall conduct a review of the application and an on-site inspection of the significant industrial user, including any pretreatment facilities, and shall prepare a written evaluation and tentative determination to issue or deny the significant industrial user permit.

(2) If the staff's tentative determination in division (E)(1) above is to issue the permit, the following additional determinations shall be made in writing:

(a) Proposed discharge limitations for those pollutants proposed to be limited;

(b) A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and

(c) A brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application.

(3) The staff shall organize the determinations made pursuant to divisions (E)(1) and (E)(2) above and the town's general permit conditions into a significant industrial user permit.

(F) Permit synopsis. A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for submission to the applicant, the approval authority, and made available to the public upon request. The contents of such fact sheets shall include at least the following information:

(1) A sketch or detailed description of the industrial facilities and pretreatment facilities, including the location of all points of discharge to the POTW and all established compliance monitoring points.

(2) A quantitative description of the discharge described in the application which includes at least the following:

(a) The rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow; and

(b) The actual average daily discharge in pounds per day of any limited pollutant and any pollutant identified in the application as known or suspected present.

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(3) The basis for the pretreatment limitations, including the documentation of any calculations in applying categorical pretreatment standards.

(G) Final action on significant industrial user permit applications.

(1) The Utilities Director shall take final action on all applications not later than 90 days following receipt of a complete application.

(2) The Director is authorized to:

(a) Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this regulation and G.S. § 143-215.1;

(b) Issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements;

(c) Modify any permit upon not less than a 60 day notice and pursuant to § 55.051(I);

(d) Revoke any permit pursuant to § 55.100;

(e) Suspend any permit pursuant to § 55.100;

(f) Deny a permit application when in the opinion of the Utilities Director such discharge may cause or contribute to pass-through or an upset of the wastewater treatment plant or where necessary to effectuate the purposes of G.S. § 143-215.1

(H) Adjudicatory heating and judicial review.

(1) Adjudicatory hearing.

(a) Rights granted; hearing officer authority. An applicant whose permit is denied, or is granted subject to conditions that he or she deems unacceptable, a permittee/user assessed a civil penalty under § 55.100, or one issued an administrative order under § 55.100 shall have the right to an adjudicatory hearing before a hearing officer designated by the

Utilities Director upon making written demand, identifying the specific issues to be contested, to the Utilities Director within 30 days following receipt of the significant industrial user permit, civil penalty assessment, or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding. The hearing officer shall make a final decision on the contested permit, penalty, or order within 45 days of the receipt of the written demand for a hearing. The hearing officer shall have the authority to assess enforcement expenses, attorney's fees, and cost associated with the hearing against any party and to include in the decision additional orders and directives as may be issued consistent with the POTW's authority under G.S. Chapter 143 and/or this chapter. The hearing officer shall transmit a copy of the hearing officer's decision by registered or certified mail to all parties.

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(b) New permits. Upon appeal of the hearing officer's decision of the terms or conditions of the newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

(c) Renewed permits. Upon appeal of the hearing officer's decision of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach mutual resolution.

(2) Judicial review. Any party against whom a decision of the hearing officer is adversely entered, pursuant to the adjudicatory hearing conducted under division (H)(1) above, may seek judicial review of the decision by filing a written petition within 30 days after receipt of notice by registered or certified mail of the decision, but not thereafter, with the Superior Court of Wayne County along with a copy to all parties. Within 30 days after receipt of the copy of the petition of judicial review, the town shall transmit to the reviewing court the original or a certified copy of the official record.

(3) Official record. Upon receipt of the copy of the petition of judicial review under division (H)(2) above, the town shall prepare an official record of the case that includes:

(a) All notices, motions, and other like pleadings;

(b) A copy of all documentary evidence introduced;

(c) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken.

(d) A copy of the final decision of the Town Board of Aldermen.

(I) Permit modification.

(1) Modification of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:

(a) Modifications of the monitoring program contained in the permit;

(b) Changes in the ownership of the discharge when no other change in the permit is indicated;

(c) A single modification of any compliance schedule not in excess of four months.

(d) Modification of compliance schedules (construction schedules) in permits for new sources where the new source will not begin to discharge until control facilities are operational.

(e) Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

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(2) Within nine months of the promulgation of national categorical pretreatment standards, the

wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribe by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by § 55.051(B), the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard.

(3) A request for a modification by the permittee shall constitute a waiver of the 60-day notice required by G.S. § 143-215.1(b) for modifications.

(J) Permit conditions.

(1) The Utilities Director shall have the authority to grant a permit with such conditions attached as he or she believes necessary to achieve the purpose of this regulation and G.S. § 143-215.1. Wastewater discharge permits shall be expressly subject to all provisions of these regulations and all other applicable regulations, user charges, and fees established by the town. Wastewater permits shall contain but are limited to the following:

(a) A statement of duration (in no case more than five years;

(b) A statement of non-transferability;

(c) Applicable effluent limits based on categorical standards or local limits or both;

(d) Applicable monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law;

(e) Notification requirements for slug discharges as defined by 40 CFR Part 403.5(b)a; and

(f) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.

(2) In addition, permits may contain but are not limited to the following:

(a) Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization.

(b) Limits on the instantaneous, daily, and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.

(c) Requirements for the installation of pretreatment technology or construction of appropriate containment devices and the like designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

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(d) Development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges.

(e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.

(f) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.

(g) Requirements for installation and maintenance of inspection and sampling facilities and equipment.

(h) Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.

(i) Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation(s).

(j) Compliance schedules for meeting pretreatment standards and requirements.

(k) Requirements for submission of periodic self-monitoring or special notification reports.

(l) Requirements for maintaining and retaining plans, records relating to wastewater discharges as specified in § 55.072, and affording the Utilities Director or his or her representatives access thereto.

(m) Requirements for prior notification and approval by the Utilities Director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system.

(n) Requirements for the prior notification and approval by the Utilities Director of any change in the manufacturing and/or pretreatment process used by the permittee.

(o) Requirements for immediate notification of excessive, accidental, or slug or any discharge which could cause any problems to the system.

(p) A statement that compliance with permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the terms of the permit.

(q) Other conditions as deemed appropriate by the Utilities Director to ensure compliance with this regulation, and state and federal laws, rules, and regulations, and the term of the permit.

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(K) Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification by the town during the term of the permit as limitations or requirements as identified in §§ 55.010 through 55.018 are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(L) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the town. Any succeeding owner or user shall apply for a new permit in accordance with § 55.051(B) but shall also comply with the terms and conditions of the existing permit during any interim period.

(M) Permit reissuance. A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with § 55.051 a minimum of 180 days prior to the expiration of the existing permit.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

REPORTING REQUIREMENTS

§ 55.060 BASELINE MONITORING REPORTS.

(A) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Utilities Director a report which contains the information listed in division (B) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Utilities Director a report which contains the information listed in division (B) below. A new source shall report the method of pretreatment it intends to uses to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(B) Users described above shall submit the information set forth below.

(1) Identifying information. The name and address of the facility, including the name of the operator and owner.

(2) Environmental permits. A list of any environmental control permits held by or for the facility.

(3) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

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(4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(5) Measurement of pollutants.

(a) The categorical pretreatment standards applicable to each regulated process.

(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Utilities Director of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 55.069.

(c) Sampling must be performed in accordance with procedures set out in § 55.070.

(6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 51.061.

(8) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 55.051(C).

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.061 COMPLIANCE SCHEDULE PROGRESS REPORTS.

The following conditions shall apply to the compliance schedule required by § 55.060(B)(7):

(A) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. Such events include but are not limited to hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation;

(B) No increment referred to above shall exceed nine months;

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(C) The user shall submit a progress report to the Utilities Director no later than 14 days following each date in the schedule and the final date of compliance, including as a minimum whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

(D) In no event shall more than nine months elapse between such progress reports to the Utilities Director.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.062 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Utilities Director a report containing the information described in § 55.060(B)(4) through (6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 55.051(C).

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.063 PERIODIC COMPLIANCE REPORTS.

(A) All significant industrial users shall, at a frequency determined by the Utilities Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 55.051(C).

(B) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(C) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Utilities Director, using the procedures prescribed in § 55.069, the results of this monitoring shall be included in the report.

(D) The Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations ar

e appropriate. In such cases, the report required by division (A) of this section shall indicate the mass of pollutants regulated by pretreatment standards or requirements in the effluent of the user.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.064 REPORTS OF CHANGED CONDITIONS.

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(A) Each user must notify the Utilities Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

(B) The Utilities Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 55.051.

(C) The Utilities Director may issue a wastewater discharge permit under § 55.051 or modify an existing wastewater discharge permit under § 55.051 in responses to changed conditions or anticipated changed conditions.

(D) For purposes of this requirement, significant changes include but are not limited to flow increases of 15% or greater, and the discharge of any previously unreported pollutants.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.065 REPORTS OF POTENTIAL PROBLEMS.

(A) In the case of any discharge, including but not limited to accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Utilities Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(B) Within five days following such discharge, the user shall, unless waived by the Utilities Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; such notification shall not relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

(C) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (A) above. Employees shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.066 REPORTS FROM UNPERMITTED USERS.

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Utilities Director as the Utilities Director may require.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.067 NOTICE OF VIOLATION/ REPEAT SAMPLING AND REPORTING.

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If sampling performed by a user indicates a

violation, the user must notify the Utilities Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Utilities Director within 30 days after becoming aware of the violation. The user is not required to resample if the Utilities Director monitors at the user's facility at least once a month, of if the Utilities Director samples between the user's initial sampling and when the user receives the results of this sampling.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.068 NOTIFICATION OF DISCHARGE OF HAZARDOUS WASTES.

(A) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharge during the calendar month, and an estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under § 55.064. The notification requirements in this section do not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 55.060, 55.062, and 55.063.

(B) Dischargers are exempt from the requirements of division (A) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(C) In the case of any new regulation under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Utilities Director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(D) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(E) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

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§ 55.069 ANALYTICAL REQUIREMENTS.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.070 SAMPLE COLLECTION.

(A) Except as indicated in division (B) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is unfeasible, the Utilities Director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.071 TIMING.

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility served by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. passed 12-18-01)

§ 55.072 RECORD KEEPING.

Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the Utilities Director.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

COMPLIANCE MONITORING

§ 55.080 MONITORING FACILITIES.

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(A) The town requires the user to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the town may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(B) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(C) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the town.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.081 INSPECTION AND SAMPLING.

The town will inspect the facilities of any uses to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the town approval authority and EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or in the performance of any of their duties. The town approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the town, approval authority, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the Utilities Director's, approval authority's, or EPA's access to the user's premises shall be a violation of this chapter. Unreasonable delays may constitute denial of access. The town may make unannounced inspections at any time when there is activity at the permitted facility.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

§ 55.082 SEARCH WARRANTS.

If the Utilities Director, approval authority, or EPA has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Utilities Director, approval authority, or EPA may seek issuance of a search warrant from the Superior Court of Justice of Wayne County.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

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CONFIDENTIAL INFORMATION

§ 55.090 CONFIDENTIAL INFORMATION.

(A) Information and date on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the Utilities Director that the release of such information would divulge information, process, or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data.

(B) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this regulation, the national pollutant discharge elimination system (NPDES) permit, non-discharge permit, and/or the

pretreatment programs, provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(C) All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority and EPA upon request.

(Ord. passed 12-18-01) Penalty, see §§ 55.100 through 55.104

ENFORCEMENT

§ 55.100 ADMINISTRATIVE REMEDIES.

The Utilities Director is authorized to take action as specified below to enforce the provisions of these regulations. The actions to be taken under specific circumstances are as detailed in the pretreatment program enforcement response and grease trap plan. This plan is contained in a separate document and is as currently approved by the North Carolina Division of Environmental Management Pretreatment Office.

(A) Notification of violation. Whenever the Utilities Director finds that any industrial user or establishment has violated or is violating this regulation, wastewater permit, or any prohibition, limitation or requirements contained therein or any other pretreatment requirement, the Utilities Director may serve upon such a person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the town by the user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.

(B) Consent orders. The Utilities Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to § 55.100(D) below.

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(C) Show cause hearing.

(1) The Utilities Director may order any industrial user or establishment who causes or is responsible for an unauthorized discharge, has violated this chapter, or is in noncompliance with a wastewater discharge permit or grease trap program to show cause why a proposed enforcement action should not be taken. In the event the Utilities Director determines that a show cause order should be issued, a noticed shall be served on the user specifying the time and place of the hearing, the proposed enforcement action, and the reasons for such action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made or any agent or officer of a corporation.

(2) The Utilities Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.

(3) A show cause hearing under this section is not a prerequisite to the issuance of an administrative order under § 55.100 or the assessment of a civil penalty under § 55.101.

(D) Administrative orders.

(1) When the Utilities Director finds that an industrial user or establishment has violated or continues to violate this regulation, permits, or orders, or any other pretreatment requirement, the Utilities Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(a) Immediately comply with all requirements;

(b) Comply in accordance with a compliance time schedule set forth in the order;

(c) Take appropriate remedial or preventive action in the event of a continuing or threatened violation.

(d) Disconnect unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated within a specified time period.

(2) Appeals from an administrative order in accordance with this section shall be as provided in § 55.051(H).

(E) Emergency suspensions.

(1) The Utilities Director may suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or non-discharge permit.

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(2) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the Utilities Director shall take such steps as deemed necessary, including immediate severance of the sewer connection to prevent or minimize damage to the POTW system or endangerment to any individuals. The Utilities Director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the non-compliant discharge. The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measure taken to prevent any future occurrence to the Utilities Director prior to the date of the above described hearing.

(F) Termination of permit.

(1) Any user who violates the following conditions of this regulation or applicable state and federal regulations is subject to having its permit terminated:

(a) Failure to accurately report the wastewater constituents and characteristics of his discharge;

(b) Failure to report significant changes in operations, or wastewater constituents and characteristics;

(c) Refusal of reasonable access to the User's premises for the purpose of inspection or monitoring; or

(d) Violation of conditions of the permit.

(2) Non-compliance industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under § 55.100 of this regulation whey the proposed action should not be taken.

(Ord. passed 12-18-01)

§ 55.101 CIVIL PENALTIES.

(A) (1) Any user who is found to have failed to

comply with any provision of this chapter or the orders, rules, regulations, and permits issued hereunder may be fined up to $10,000 for local governments; $1,000 for sewer authorities per day violation.

(2) Such assessments may be added to the user's next scheduled sewer service charges and the POTW shall have such remedies for the collection of such assessments as it has for collection of other service charges.

(B) In determining the amount of the civil penalty, the Utilities Director shall consider the following:

(1) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation.

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(2) The duration and gravity of the violation;

(3) The effect on ground or surface water quantity or quality or on air quality;

(4) The cost of rectifying the damage;

(5) The amount of money saved by noncompliance;

(6) Whether the violation was committed willfully or intentionally;

(7) The prior record of the violator in complying or failing to comply with the pretreatment program.

(8) The costs of enforcement to the town.

(C) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 55.051(H).

(Ord. passed 12-18-01)

§ 55.102 JUDICIAL REMEDIES.

(A) Authority. If any person violates this regulation, or any order or permit issued hereunder, or any other pretreatment requirements, the Utilities Director, through the Town Attorney, may commence an action for appropriate legal and/or equitable relief in the Superior Court of Justice for Wayne County.

(B) Criminal violations. The District Attorney for the Wayne County Judicial District may, at the request of the town, prosecute non-compliant users who violate the provisions of G.S. § 143-215.6B. [Note: Under state law, it is a crime to negligently violate any term, condition, or requirement of a pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local governments (G.S. § 143-215.6B(f)); to knowingly and willfully violate any term, condition, or requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment permit, issued by local governments (G.S. § 143-215.6B(g)); to knowingly violate any term, condition, or requirement of a pretreatment permit issued by local governments, or knowingly fail to apply for a pretreatment permit, knowing at the time that a person is placed in imminent danger of death or serious bodily injury, (G.S. § 143-215.6B(h)); and to falsify information required under G.S. Article 21 of Chapter 143 (G.S. § 143-215.6B(i)).]

(C) Injunctive relief. Whenever an industrial user is in violation of the provisions of this regulation or an order or permit issued hereunder, the Utilities Director, through the Town Attorney, may petition the Superior Court of Justice for the issuance of a preliminary or permanent injunction, or both as may be appropriate, which restrains or compels the activities in questions. In the event the POTW chooses to correct the violation itself, the cost of such correction may be added to the next scheduled remedies for the collection of such costs as it has for the collection or other sewer service charges.

(Ord. passed 12-18-01)

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§ 55.103 OTHER REMEDIES.

(A) Annual publication of reportable noncompliance. At lease annually, the Utilities Director shall publish in the largest daily newspaper circulated in the service area a list of those industrial users or establishment which are found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H .0903(b)(10), with this regulation or any order or permit issued hereunder, during the 12 month-period since the previous publication.

(B) Water supply severance. Whenever an industrial user or establishment is in violation of the provisions of this regulation or an order or permit issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated consistent compliance.

(C) Public nuisance. Any violation of the prohibitions or effluent limitations of this regulation or of a permit or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Utilities Director. Any persons(s) creating a public nuisance shall be subject to the provisions of the appropriate town code governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating, or remedying said nuisance.

(Ord. passed 12-18-01)

§ 55.104 REMEDIES NONEXCLUSIVE.

The remedies provided for in this chapter are not exclusive. The Utilities Director may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the town's enforcement response plan. However, the Utilities Director may take other action against any user when the circumstances warrant. Further, the Utilities Director is empowered to take more than one enforcement action against any non-compliant user.

(Ord. passed 12-18-01)

ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE

§ 55.110 ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE.

At lease annually, the Utilities Director shall publish in the largest daily newspaper circulated in the service area a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H.0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months.

(Ord. passed 12-18-01)

AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS

§ 55.120 UPSET PROVISION.

(A) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (B) below are met.

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(B) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and the user can identify the causes(s) of the upset.

(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.

(3) The user has submitted the following information to the Utilities Director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

(a) A description of the indirect discharge and cause of noncompliance;

(b) The period on noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(5) Users will have the opportunity for a judicial determination or any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(6) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

§ 55.121 PROHIBITED DISCHARGE STANDARDS DEFENSE.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 55.010(A) or the specific prohibitions in § 55.010(A)(1)(b)(2), (3) and (5) through (7) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(A) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

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(B) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the town was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. passed 12-18-01)

§ 55.122 BYPASS.

(A) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of divisions (B) and (C) of this section.

(B) (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Utilities Director at least ten days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the Utilities Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of this time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Utilities Director may waive the written

report on a case-by case basis if the oral report has been received within 24 hours.

(C) (1) Bypass is prohibited, and the Utilities Director may take an enforcement action against a user for a bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtown. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal period of equipment downtime or preventive maintenance; and

(c) The user submitted notices as required under division (B) of this section.

(2) The Utilities Director may approve an anticipated bypass, after considering its adverse effects, if the Utilities Director determines that it will meet the three conditions listed in division (C)(1) of this section.

(Ord. passed 12-18-01)

ENFORCEMENT RESPONSE PLAN

§ 55.130 INTRODUCTION.

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(A) Federal and state pretreatment regulations, as well as Part III(B)(6) of the town's NPDES permit requires the town to take timely and effective enforcement actions against significant industrial users (SIUs) for failure to comply with pretreatment standards and requirements. Federal and state regulations also require each POTW with an approved pretreatment program to develop and implement an enforcement response plan (ERP). By regulation, this plan must:

(1) Describe how the POTW will investigate instances of noncompliance;

(2) Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of SIU violations and the time periods within which responses will take place;

(3) Identify the official(s) responsible for each type of response, and

(4) Adequately reflect the POTW's primary responsibility to enforce all applicable pretreatment requirements and standards.

(B) The purpose of the towns enforcement plan is two-fold. First, to ensure compliance with federal and state regulations. Second, to ensure that, if and when it is necessary for the town to enforce pretreatment standards and requirements, all industries are treated in a fair and equitable manner.

(Ord. passed 12-18-01)

§ 55.131 ENFORCEMENT AUTHORITIES AVAILABLE TO THE TOWN.

(A) Sections 55.100 through 55.104 give the Public Utilities Director the authority to take a wide variety of enforcement actions. Each of these actions can be viewed as having a certain degree of punitiveness. The town's enforcement response plan will utilize all of the enforcement tools available to the Director in the system which outlines escalating enforcement actions dependent on the nature of the violation and the cooperativeness, or recalcitrance, of the violator. The following is a list of remedies authorized by the sewer use ordinance and ordinance citation. It is presented in order of punitiveness, least punitive first and most punitive last.

(1) Notice of violation: § 55.100(A)

(2) Consent order: § 51.100(B)

(3) Administrative order: § 55.100(C)

(4) Show cause order/hearing: § 55.100(D)

(5) Emergency suspensions (temporary): § 55.100(E)

(6) Termination of permit (permanent): § 55.100(F)

(7) Civil penalties: § 55.101(A) and (B)

(8) Judicial remedies: § 55.102(A) and (B)

77

(B) In addition to the tools listed above, § 55.100 through 55.104 authorizes the Director to assess civil penalties of up to $1,000 per day per violation. Civil penalties are normally used in conjunction with one of the other eight activities listed above and the punitiveness of the penalty depends on the dollar amount.

(Ord. passed 12-18-01)

§ 55.132 NONCOMPLIANCE DETERMINATIONS.

The staff will generally investigate SIU compliance three ways: on-site inspections of the SIU, review of SIU monitoring data, and review of compliance data collected by the town. Using this chapter, as well as guidance which has been provided by EPA and the Division of Environmental Management, the town staff has identified four categories of permit noncompliance. Below is a discussion of the types of violations within each category and the town staff member responsibility for the initial compliance determination for each violation type.

(A) Unpermitted discharges.

(1) Unpermitted discharges can result from several activities. An SIU might fail to obtain a permit prior to discharging to the wastewater treatment plant. An SIU might discharge to a point in the collection system which is not identified in the SIU's permit. An SIU might begin to discharge a pollutant which was previously identified as absent by the industry. Also, an SIU might continue to discharge when its permit has expired.

(2) Unpermitted discharges will normally be discovered during the inspection of an industry. The inspector will be responsible for determining the severity of the violation during his or her inspection. The severity will normally depend on whether the unpermitted discharge poses an immediate threat to the POTW or the environment and whether the industry was unaware of the requirements or was seeking to avoid the regulations.

(B) Permit noncompliance. Noncompliance with an SIU's pretreatment permit falls into four areas: limits violations, monitoring violations, reporting violations, and violations of permit conditions.

(1) Permit limit noncompliance. Permit limit violations are fairly straightforward and the severity depends on whether the violation is considered reportable noncompliance (RNC). RNC is defined in the state's general pretreatment regulations [15A NCAC 2H.0903(b)(10)]. It is the pretreatment coordinator's responsibility to evaluate compliance with pretreatment limitations each time data is received and at the end of each semi-annual reporting period.

(2) Self-monitoring noncompliance.

(a) Noncompliance with monitoring occurs when an SIU fails to conduct all of the self-monitoring required by its pretreatment permit. The severity of the violations depends on how much self-monitoring was actually completed. If the SIU conducted less than 80% of the sampling and analyses required in a six-month period, the violation is considered significant or RNC.

(b) Each time a self-monitoring report is received from an SIU, it is the responsibility of the pretreatment coordinator to compare the report to the permit requirement and evaluate compliance with monitoring requirements.

(3) Reporting violations.

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(a) Reporting violations occur when an SIU fails to provide information which is required by the permit within the time period stated in the permit or when the information is incomplete or false. Reports required by the permit can include self-monitoring reports, spill prevention plans, baseline monitoring reports, 90-day compliance reports, and sludge handling plans. In the case of late or incomplete reports, the severity of the violation depends on the length of time the report is late. If a complete report is not submitted within 30 days of the due date, the violation is considered RNC. Knowingly submitting false information is always considered a significant violation.

(b) It is the pretreatment coordinator's responsibility to track the report due dates included in the pretreatment permits and to evaluate compliance in terms of the tardiness and completeness of the submission.

(4) Violations of other permit conditions. The pretreatment permits issued by the town contain about 20 conditions which do not fall into the category of limits, monitoring, or reporting requirements. For example, the pretreatment permit prohibits slug loads and requires the SIU to properly operate its pretreatment facility. Violations of these conditions would normally be discovered as part of an inspection or in conjunction with another enforcement action. The pretreatment coordinator is responsible for evaluating compliance with these requirements and the severity of the violation is determined by the Director.

(C) Violations of enforcement orders.

(1) Violations of enforcement orders are actually very similar to pretreatment permit noncompliance in that they can be broken down into limits violations (interim limits), monitoring violations (increased monitoring required by the order), and reporting violations. In addition, violations of enforcement orders would include missing milestone dates and noncompliance with final limits once the order has expired. However, all violations of enforcement orders, with the exception of interim limits violations, are considered RNC. Interim limit violations would not be considered significant if they did not meet the criteria listed in 15A NCAC 2H.0903(b)(10)(A) and if the SIU paid the stipulated penalty assessed.

(2) Once an SIU has been put on an enforcement order, the town's initial response to violations becomes simply a matter of notifying the SIU of the violation and collecting the stipulated penalty outlined in the order. It is the pretreatment coordinator's responsibility to track compliance with the order and notify the Director when penalties should be assessed. Once the Director is informed of noncompliance with an order, he or she will determine whether the violations are so severe as to warrant escalated enforcement. For example, an escalated enforcement action would be needed if it was clear that the SIU could no longer meet the remaining milestone dates in the existing order.

(Ord. passed 12-18-01)

§ 55.133 RESPONSES TO NONCOMPLIANCE.

79

(A) In order to ensure that the town if taking timely and effective enforcement actions, two tools will be employed—an enforcement response guide in division (C) and an enforcement flowchart. The purpose of the enforcement response guide (ERG) is to identify initial responses and time frames for each of the types of violations discussed in § 55.132. Once the enforcement action is taken, the flow chart is used

to identify the more punitive action which would be taken if the SIU failed to return to compliance as a result of the previous or initial action.

(B) As an example of how the ERG and flowchart can be used to determine appropriate enforcement responses, consider an SIU which submits a self-monitoring report which shows a violation. The ERG tells the pretreatment coordinator to issue a notice of noncompliance within 14 days. The notice will require the SIU to collect additional data to confirm compliance or noncompliance. The next step is to determine if the SIU is in reportable noncompliance (RNC) at the end of the six-month reporting period. As indicated by the flow chart, if the data does not show RNC, no action is required. If the data does show RNC, a notice of violation (NOV) is issued. The ERG tells the pretreatment coordinator that, in response to RNC with permit limits, an NOV assessing a fine of $100 should be sent within 30 days of receiving the data. The NOV requires the SIU to respond by indicating the cause and time needed to correct the violation. If the time needed to correct the violation was greater than 90 days, a consent order would be drafted. Hopefully, the SIU would comply with the consent order and the violation would be resolved. However, if the SIU failed to meet the compliance date of the consent order, the flow chart indicates that a notice to comply should be issued and the ERG gives the pretreatment coordinator information on time frames, penalties, and responses which should be included in the notice to comply. By using the flowchart and ERG, a worst case scenario can be followed in a similar manner through the issuance and violation of an administrative order, through a show cause meeting and, eventually, to termination of service.

(C) Chart.

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ENFORCEMENT RESPONSE PLAN ACTION CHART

Type of Violation

POTW

Action

Time

Frame

Responsible Official

Expected Action from User

Escalated Action if Needed

Unpermitted discharges

Unpermitted discharge; unaware of requirement

Notice of violation

Within 14 days of discovery of discharge

Pretreatment coordinator

File permit application

Suspend service until permit is issued

Unpermitted discharge; aware of requirement

Notice of violation with penalty assessed

Within 30days of discovery of discharge

Director

File permit application

Suspend service until permit is issued

Unpermitted discharge; results in NPDES violation

Order to cease process causing violation; notice of violation with recommended mini-mum of $1,000 and up to $10,000 per day per violation penalty

Order to cease immediately; notice of violation within seven days

Director

File permit application; steps taken to avoid violation

Suspend service until permit is issued

Unpermitted discharge; results in endangerment

Suspend service; notice of violation with recommended mini-mum of $1,000 and up to $10,000 per day per violation penalty

Suspend service; notice of violation within seven days

Director

File permit application; steps taken to avoid future endangerment

TITLE VII: TRAFFIC CODE

Chapter

70. GENERAL PROVISIONS

71. TRAFFIC REGULATIONS

72. PARKING REGULATIONS

73. BICYCLES AND TOY VEHICLES

74. TRAFFIC SCHEDULES

75. PARKING SCHEDULES

76. GOLF CARTS

CHAPTER 70: GENERAL PROVISIONS

 

Section

General Provisions

70.01 Definitions

70.02 Authority of police

70.03 Public employees to obey traffic regulations

Traffic Control Devices

70.15 Obedience required

70.16 Traffic control legend

70.17 No-turn signs

70.18 No parking zone

70.19 Flashing signals

Registration of Vehicles (section deleted) (Ord. revised 3-19-19)

70.99 Penalty

Statutory reference:

Powers of local authority, see G.S. § 20-169

Registration of vehicles, see G.S. § 20-84

Traffic control, see G.S. § 20-169

GENERAL PROVISIONS

§ 70.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, police vehicles and such ambulances designated or authorized by the Chief of Police.

BLOCK. A portion of any street located between two intersections next adjacent to each other.

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CHAPTER 70: GENERAL PROVISIONS

BUSINESS DISTRICT. The territory contiguous to a highway when 50% or more of frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.

CROSSWALK. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections. Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.

DRIVER. Every person who drives or is in actual physical control of a vehicle.

INTERSECTION. The area embraced within the prolongation of the lateral curb lines or if none, then the lateral boundary lines of two or more highways which join one another at an angle whether or not one such highway crosses the other.

MOTOR VEHICLE. Every vehicle which is self-propelled.

OFFICIAL TIME STANDARD. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in this town.

OFFICIAL TRAFFIC CONTROL DEVICES. All signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of the governing body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic

OFFICIAL TRAFFIC SIGNALS. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

PARK. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading and unloading.

PEDESTRIAN. Any person afoot.

PERSON. Every natural person, firm, co-partnership, association, or corporation.

POLICE OFFICER. Every officer of the municipal Police Department or any officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations.

PRIVATE ROAD or DRIVEWAY. Every road or driveway not open to the use of the public for purposes of vehicular travel.

PUBLIC CONVEYANCE. Any vehicle other than a taxicab or railroad train for transporting for fare.

RESIDENCE DISTRICT. The territory contiguous to a highway not comprising a business district when the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

RIGHT-OF-WAY. The privilege of the immediate use of the roadway.

2

ROADWAY. That portion of a street improved, designed or ordinarily used for vehicular travel.

CHAPTER 70: GENERAL PROVISIONS

SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

SIDEWALK. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

STANDING. Any stopping of a vehicle, whether occupied or not.

STOP or STOPPING. When prohibited, STOP or STOPPING, means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal.

STREET or HIGHWAY. The entire width between property lines of every way or place or whatever nature when any part thereof is open to the use of the public, as a matter of right, for purpose of vehicular traffic.

TRAFFIC. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any street for purposes of travel.

VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. However, for the purpose of this chapter, a bicycle or a ridden animal shall be deemed a vehicle.

('85 Code, § 70.01)

§ 70.02 AUTHORITY OF POLICE.

In the event of a fire or other emergency, or when necessary to expedite traffic or safeguard pedestrians, police officers may direct traffic as conditions may require notwithstanding the provisions of this chapter.

('85 Code, § 70.02)

§ 70.03 PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS.

The provisions of this chapter shall apply to the driver of any vehicle owned by, or used in the service of the United States Government, this state, county,

or town and it shall be unlawful for any driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter, or by state statute.

('85 Code, § 70.03)

TRAFFIC CONTROL DEVICES

§ 70.15 OBEDIENCE REQUIRED.

3

CHAPTER 70: GENERAL PROVISIONS

(A) The driver of any vehicle shall obey the directions of any official traffic control device applicable thereto and placed in accordance with the traffic ordinances of this town, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in § 70.05 of this chapter.

(B) No provision of this chapter for which signs are required, shall be enforced against an alleged violator, if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to an ordinarily observant person. Whenever a particular section does not state that signs are required, the action shall be effective without signs being placed to give notice thereof.

('85 Code, § 70.15)

§ 70.16 TRAFFIC CONTROL LEGEND.

Whenever traffic is controlled by traffic control signals exhibiting the words “Go,” “Caution,” or “Stop,” or exhibiting differently colored lights, successively, one at a time, the following colors only shall be used, and the terms and lights shall indicate as follows:

(A) Green alone, or “Go.”

(1) Vehicular traffic facing the signal may proceed straight through, or turn right or left unless a sign at the place prohibits either turn. But vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians, lawfully within the intersection at the time the signal is exhibited.

(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

(B) Yellow alone, or “Caution,” when shown following the green or “Go” signal.

(1) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

(2) Pedestrians facing the signal are advised that there is insufficient time to cross a roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

(C) Red alone, or “Stop.”

(1) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection, or at the other point as may be indicated by a clearly visible line, and shall remain standing until green or “Go” is shown alone.

(2) No pedestrian facing the signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

(D) Red with green arrow.

(1) Vehicular traffic facing the signal may cautiously enter the intersection only to continue the movement in the direction indicated by the arrow, but shall not interfere with other traffic.

(2) No pedestrian facing the signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

4

('85 Code, § 70.16) Penalty, see § 70.99

CHAPTER 70: GENERAL PROVISIONS

Statutory reference:

Control signs and signals, see G.S. § 20-158

CHAPTER 70: GENERAL PROVISIONS

§ 70.17 NO-TURN SIGNS.

Whenever authorized signs are placed, erected, or installed indicating that no right or left or “U” turn is permitted, no driver of a vehicle shall disobey the

directions of any sign. When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles traversing, or turning thereat, no driver of a vehicle shall disobey the directions of the indications.

('85 Code, § 70.17) Penalty, see § 70.99

§ 70.18 NO PARKING ZONE.

Whenever authorized signs or markings are placed, erected, or installed indicating no-parking zones or safety zones, no driver of a vehicle shall disobey the regulations in connection therewith.

('85 Code, § 70.18) Penalty, see § 70.99

§ 70.19 FLASHING SIGNALS.

Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows:

(A) Flashing red (Stop signal). When a red lens is illuminated by rapid intermittent flashes drivers of vehicles shall stop before entering the nearest crosswalk at an intersection, or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

(B) Flashing yellow (Caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.

('85 Code, § 70.01) Penalty, see §70.99

§ 70.99 PENALTY.

(A) Any violation of any provision of this chapter for which no other penalty has been provided shall subject the violator to a civil penalty in the sum of $50 per day.

(1) A citation for the penalty shall be issued by the Police Chief or his designee. (Ord. revised 3-19-19)

(2) Each citation for a civil penalty must be paid within 96 hours of issuance.

(B) Any violation of § 72.17 shall subject the violator to a civil penalty in the sum of $5 per day.

(C) Any violation of §§71.06, 72.03, 72.16, 73.06, 71.46, and 72.15 shall subject the violator to a civil penalty in the sum of $10 per day. (Am. Motion passed 2-21-95) (Ord. revised 3-19-19)

5

CHAPTER 70: GENERAL PROVISIONS

(D) Each and every day that the violator continues in violation shall be a separate and distinct offense.

(E) The municipality may also, and in addition, seek any and all appropriate equitable remedies, injunctions, and/or abatement orders from the appropriate court of competent jurisdiction.

6

CHAPTER 71: TRAFFIC REGULATIONS

CHAPTER 71: TRAFFIC REGULATIONS

 

Section

General Provisions

71.01 One way streets

71.02 Driving on roadways laned for traffic

71.03 Limitations on backing

71.04 Moving cars from parked positions

71.05 Driving through funeral procession

71.06 Squealing tires

71.07 Boarding public conveyances

71.08 Unlawful riding

71.09 Riding vehicles without permission

71.10 Persons riding to stay inside

71.11 Restrictions on persons in front seat

Stop and Yield Regulations

71.30 Entering intersection

71.31 Stop intersections

71.32 Stop when traffic obstructed

71.33 Emerging from alley or private drive

Turning Movements

71.45 No right or left turn permitted

71.46 Limitations on turning around

Trains

71.60 Trains blocking crossing

Trucks

71.70 Weight limits

71.71 Signs

General Provisions

§ 71.01 ONE WAY STREETS.

6

CHAPTER 71: TRAFFIC REGULATIONS

Upon the streets, and parts of streets, described in Chapter 74, Schedule IV, attached hereto and made a part hereof, vehicular traffic shall move only in the indicated direction, when signs indicating the direction of traffic are erected, and maintained, at every intersection where movement in the opposite direction is prohibited.

('85 Code, § 72.01) Penalty, see § 70.99

§ 71.02 DRIVING ON ROADWAYS LANED FOR TRAFFIC.

All vehicles operated on any roadway which has been clearly marked with lanes for traffic, shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.

('85 Code, § 72.02) Penalty, see § 70.99

Statutory reference:

Driving on right side of road, see G.S. § 20-146

§ 71.03 LIMITATIONS ON BACKING.

The driver of a vehicle shall not back the same into any intersection, or over a crosswalk, and shall not in any event, or at any place, back a vehicle unless the movement can be made in safety, and he shall have given ample warning to those who may be behind, by hand and horn or other signal.

('85 Code, § 72.03) Penalty, see § 70.99

§ 71.04 MOVING CARS FROM PARKED POSITIONS.

Cars parked shall move out in the direction headed, or if they are parked at an angle with the curb they shall back out on that angle until they have cleared the other cars and shall then proceed in the direction they are most nearly headed.

('85 Code, § 72.04) Penalty, see § 70.99

§ 71.05 DRIVING THROUGH FUNERAL PROCESSION.

No vehicle shall be driven through a funeral procession, except fire department vehicles, police patrols and ambulances, when the same are responding to calls.

('85 Code, § 72.05) Penalty, see § 70.99

§ 71.06 SQUEALING TIRES.

It shall be unlawful to operate a motor vehicle within the town limits in a manner as to cause the wheels thereof to lose traction with the surface on which they are driven, or so as to cause the tires to squeal.

('85 Code, § 72.10) Penalty, see § 70.99

§ 71.07 BOARDING PUBLIC CONVEYANCES.

No person shall board, or alight from, any public conveyance, or other vehicle, while the conveyance, or vehicle, is in motion.

('85 Code, § 72.11) Penalty, see § 70.99

7

CHAPTER 71: TRAFFIC REGULATIONS

§ 71.08 UNLAWFUL RIDING.

No person shall ride on any public conveyance, or vehicle, or any portion thereof, not designed, or intended, for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in spaces intended for merchandise.

('85 Code, § 72.12) Penalty, see § 70.99

§ 71.09 RIDING VEHICLES WITHOUT PERMISSION.

No person shall enter, jump on, or ride any automobile, or other vehicle, without the consent of the owner or driver.

('85 Code, § 72.13) Penalty, see § 70.99

§ 71.10 PERSONS RIDING TO STAY INSIDE.

No person when riding shall allow any part of his body to protrude beyond the limits of the vehicle in which he is riding, except to give the signals as are by law required, and no person shall hang on to any vehicle whatsoever.

('85 Code, § 72.14) Penalty, see § 70.99

§ 71.11 RESTRICTIONS ON PERSONS IN FRONT SEAT.

It shall be unlawful for the driver, or the person in charge, of any motor vehicle to permit more than three persons (including driver) to ride in the front, or driver's seat of a motor vehicle.

('85 Code, § 72.15) Penalty, see § 70.99

STOP AND YIELD REGULATIONS

§ 71.30 ENTERING INTERSECTION.

When stop signs are placed, erected, or installed upon highways intersecting a through street at the entrance thereto, or at the entrance to any intersection, every driver of a vehicle, or street car, shall stop in obedience to the signs before entering the intersection and shall not proceed into or across the through street until he has first determined that no conflict with traffic will be involved.

('85 Code, § 72.25) Penalty, see § 70.99

Statutory reference:

Erection of signs, see G.S. § 20-158.1

§ 71.31 STOP INTERSECTIONS.

8

CHAPTER 71: TRAFFIC REGULATIONS

Those intersections described in Chapter 74, Schedule IV attached hereto and made a part hereof, are declared to be stop intersections when entered from the streets first named, and when stop signs are placed, erected, or installed at the intersections every driver of a vehicle, or street car, shall stop in obedience to the signs before entering the intersection, and shall not proceed into, or across, the through street until he has first determined that no conflict with traffic will be involved.

('85 Code, § 72.26) Penalty, see § 70.99

§ 71.32 STOP WHEN TRAFFIC OBSTRUCTED.

No driver shall enter an intersection, or a marked crosswalk, unless there is sufficient space on the other side of the intersection or crosswalk, to accommodate the vehicle he is operating without obstructing the passage of other vehicles, or pedestrians, notwithstanding any traffic control signal indication to proceed.

('85 Code, § 72.27) Penalty, see § 70.99

§ 71.33 EMERGING FROM ALLEY OR PRIVATE DRIVE.

The driver of a vehicle emerging from an alley, driveway, or building shall stop the vehicle immediately prior to driving onto a sidewalk, or into the sidewalk areas extending across any alleyway and upon entering the roadway he shall yield the right-of-way to all vehicles approaching on the roadway.

('85 Code, § 72.28) Penalty, see § 70.99

TURNING MOVEMENTS

§ 71.45 NO RIGHT OR LEFT TURN PERMITTED.

(A) No vehicle shall make a left turn at any street intersection where prohibited.

(B) No vehicle shall make a right turn at any intersection where prohibited.

('85 Code, § 72.40) Penalty, see § 70.99

Statutory reference:

Turning at intersections, see G.S. § 20-153

§ 71.46 LIMITATIONS ON TURNING AROUND.

No driver shall turn any vehicle so as to proceed in the opposite direction in the business district, except at street intersections, in the streets, or portions of streets, described in Chapter 74, Schedule II of this title.

('85 Code, § 72.41) Penalty, see § 70.99

TRAINS

§ 71.60 TRAINS BLOCKING CROSSING.

It shall be unlawful for any person, firm, or corporation to allow a railroad train, locomotive, or any railroad vehicle to stand upon a public crossing, or any part thereof, for more than five minutes at any time. Railroad cars shall not be parked less than 30 feet from each side of the crossings within the town.

('85 Code, § 72.50) Penalty, see § 70.99

9

 

CHAPTER 71: TRAFFIC REGULATIONS

TRUCKS

§ 71.70 WEIGHT LIMITS.

(A) All trucks and tractor trailer trucks and other vehicles with an axle load limit in excess of 26,000 pounds are prohibited from the streets and roads within the town except those designated in Chapter 74, Schedule V. However, trucks and tractor trailer trucks and vehicles may travel on the streets or parts of streets when necessary to load or unload commodities at a destination upon the streets.

CHAPTER 71: TRAFFIC REGULATIONS

 

(B) All through trucks and other vehicles with an axle load limit in excess of 13,000 pounds shall be restricted to US and NC numbered routes within the corporate limit of the town.

('85 Code, Ch. 73, Sched. VI(A), (B)) (Ord. passed 11-6-80; Am. Motion passed 3-15-94) Penalty, see § 70.99

§ 71.71 SIGNS.

The Chief of Police is directed to post and maintain at all approaches to parts of streets on which trucks are prohibited, appropriate signs prohibiting truck traffic in accordance with this chapter. The Secretary of Transportation is requested to post and maintain appropriate signs on state highways and state maintained streets within the town in accordance with this chapter.

('85 Code, Ch. 73, Sched. VI(D)) (Ord. passed 11-6-80)



10

 

CHAPTER 72: PARKING REGULATIONS

 

Section

Method of Parking

72.01 Parking parallel to curb

72.02 Vehicles backed to curb

72.03 Left side to curb prohibited in business district

72.04 Parking within lines

72.05 Double diagonal parking

72.06 Lights on parked vehicles

Stopping, Standing, or Parking

72.15 Stopping in streets

72.16 Obstructing traffic

72.17 No parking zones

72.18 Parking time limited

72.19 Vehicle stands

72.20 Loading zones

72.21 Unlawful parking

72.22 Moving vehicle into restricted area

72.23 Stopping prohibited in specific places

Cross-reference:

Local acts, see sec. 13

Traffic regulations, see Ch. 71

Statutory reference:

Authority of town to regulate parking, see

G.S. § 160A-301

Off-street parking facilities, see G.S.

§ 160A-536

METHOD OF PARKING

§ 72.01 PARKING PARALLEL TO CURB.

Where not otherwise indicated by this chapter and where the street is not marked to show how vehicles shall park, all vehicles shall park parallel to the curb and not more than 12 inches therefrom.

('85 Code, § 71.01) Penalty, see § 70.99

§ 72.02 VEHICLES BACKED TO CURB.

In no case shall a vehicle remain backed up to curb, except when actually loading or unloading.

('85 Code, § 71.02) Penalty, see § 70.99

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CHAPTER 72: PARKING REGULATIONS

§ 72.03 LEFT SIDE TO CURB PROHIBITED IN BUSINESS DISTRICT.

No vehicle shall stop with its left side to the curb in the business district, except that on one-way streets vehicles shall stop headed in the direction of traffic.

('85 Code, § 71.03) Penalty, see § 70.99

§ 72.04 PARKING WITHIN LINES.

On any street which is marked off with lines indicating the parking spaces for cars, the same shall be parked between the lines.

('85 Code, § 71.04)

§ 72.05 DOUBLE DIAGONAL PARKING.

Double diagonal parking, at an angle of approximately 45 degrees, shall be allowed on the east and west sides of Goldsboro Street between Wayne Street and Main Street and between Carolina Street and Main Street.

('85 Code, § 71.05)

§ 72.06 LIGHTS ON PARKED VEHICLES.

The displaying of lights upon a vehicle, when lawfully parked at night upon a street of the town in accordance with this section shall not be required when there is sufficient light to reveal any person within a distance of 200 feet upon the street.

('85 Code, § 71.06)

STOPPING, STANDING, OR PARKING

§ 72.15 STOPPING IN STREETS.

No vehicle shall stop in any street except for the purpose of parking as prescribed in this subchapter, unless the stop is made necessary by the approach of fire apparatus, by the approach of funeral or other procession which is given the right-of-way, by the stopping of a public conveyance, by the lowering of railway gates, by the giving of traffic signals, by the passing of some other vehicle or a pedestrian, or by some emergency; and in any case covered by these exceptions the vehicles shall stop so as not to obstruct any footway, pedestrian aisle, safety zone, crossing or street intersection if it can be avoided.

('85 Code, § 71.10) Penalty, see § 70.99

§ 72.16 OBSTRUCTING TRAFFIC.

No vehicle shall so stand on any street as to interrupt, or interfere with, the passage of public conveyances or other vehicles.

('85 Code, § 71.11) Penalty, see § 70.99

12

 

§ 72.17 NO PARKING ZONES.

13

 

CHAPTER 72: PARKING REGULATIONS

When signs are placed, erected, or installed, giving notice thereof, or the curbing has been painted yellow in lieu of the signs, no person shall park a vehicle at any time upon any of the streets described in Ch. 75, Schedule I of this title.

('85 Code, § 71.12) Penalty, see § 70.99

§ 72.18 PARKING TIME LIMITED.

When signs are placed, erected, or installed in each block giving notice thereof, no person shall park a vehicle for longer than 15 minutes at any time upon any streets described in Ch. 74, Schedule III attached hereto and made a part of this chapter, and the changing of the position of a vehicle from one point directly to another point within the same block, shall be deemed as one continuous parking period.

('85 Code, § 71.13) Penalty, see § 70.99

§ 72.19 VEHICLE STANDS.

Those streets, or parts of streets, described in Ch. 75, Schedule IV of this title, shall be reserved as stands for the specific purpose and at the exact location named therein and no automobile or other vehicle shall park therein, except those for which the space or stand has been designated. Stands may be set up for bus, taxicab, automobile, or public drays for hire, law enforcement vehicles and bicycles.

('85 Code, § 71.14) Penalty, see § 70.99

§ 72.20 LOADING ZONES.

(A) Loading prohibited. Loading of vehicles shall be prohibited on the east side of Goldsboro Street between Main Street and Wayne Street.

(B) Loading zones. Loading zones shall be located in the town where appropriately marked and all parking except for loading purposes shall be prohibited.

('85 Code, § 71.15) Penalty, see § 70.99

§ 72.21 UNLAWFUL PARKING.

No person shall stand, or park a vehicle upon any street for the principal purposes of:

(A) Displaying it for sale.

(B) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency.

(C) Storage thereof by garages, dealers, or other persons when the storage is not incident to the bona fide use and operation of the automobile or other vehicle.

(D) Storage of any detached trailer, or van, when the towing unit has been disconnected, or for

the purpose of transferring merchandise, or freight, from one vehicle to another or parking for any purpose a vehicle of one ton capacity or greater for a period longer than two hours.

(E) Advertising.

14

('85 Code, § 71.16) Penalty, see § 70.99

CHAPTER 72: PARKING REGULATIONS

 

§ 72.22 MOVING VEHICLE INTO RESTRICTED AREA.

No person shall move a vehicle not owned by the person into any prohibited area, or sufficiently away from curb to make the distance unlawful.

('85 Code, § 71.17) Penalty, see § 70.99

§ 72.23 STOPPING PROHIBITED IN SPECIFIC PLACES.

No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device in any of the following places:

(A) On the sidewalk.

(B) Within an intersection.

(C) On a crosswalk.

(D) Within 30 feet of any flashing beacon, stop sign, or traffic signal located at the side of a street or roadway.

(E) Alongside or opposite any street excavation or obstruction when the stopping, standing, or parking would obstruct traffic.

(F) Upon any bridge or other elevated structure or within any underpass structure.

(G) Within 15 feet in either direction of the entrance to a hotel, theater, hospital, sanatorium, or any public building.

('85 Code, § 71.18) Penalty, see § 70.99

14

 

CHAPTER 73: BICYCLES AND TOY VEHICLES

 

Section

73.01 Clinging to moving vehicles

73.02 Riding on handlebars prohibited

73.03 Riding without hands on handlebars

73.04 Use of roller skates

73.05 Riding vehicles in park

73.06 Bicycles prohibited

73.07 Reflectors

73.08 Control

73.09 (Deleted) (Ord. revised 3-19-19)

73.10 Roller skates, roller blades, skate boards, or similar devices

73.99 Penalty

§ 73.01 CLINGING TO MOVING VEHICLES.

Any person riding upon any motorcycle, bicycle, coaster, sled, roller skates, or any toy vehicle, shall not attach the same, or himself, to any public conveyance, or moving vehicle upon any roadway.

('85 Code, § 72.06) Penalty, see § 73.99

§ 73.02 RIDING ON HANDLEBARS PROHIBITED.

The operator of a motorcycle, or bicycle, when upon a street, shall not carry any person upon the handlebar, frame, or tank of the vehicle, nor shall any person so ride upon the vehicle.

('85 Code, § 72.07) Penalty, see § 73.99

§ 73.03 RIDING WITHOUT HANDS ON HANDLEBARS.

No person shall ride a bicycle or motorcycle on any street without having his hands upon the handlebars.

('85 Code, § 72.08) Penalty, see § 73.99

§ 73.04 USE OF ROLLER SKATES.

No person upon roller skates, or riding in, or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway, unless it be while crossing a street at a crosswalk or intersection, except upon streets set aside as play streets.

('85 Code, § 72.09) Penalty, see § 73.99

§ 73.05 RIDING VEHICLES IN PARK.

It shall be unlawful for any person to operate an unlicensed motorized vehicle such as a minibike, go-cart, or ride a horse in any park in the town. ('85 Code, § 72.16) (Ord. passed 4-1-76) Penalty, see § 73.99

15

 

CHAPTER 73: BICYCLES AND TOY VEHICLES

 

§ 73.06 BICYCLES PROHIBITED.

Riding bicycles shall be prohibited on the sidewalks of Main Street from Sycamore Street to Goldsboro Street. (Ord. revised 3-19-19)

§ 73.07 REFLECTORS.

It shall be unlawful for any person to operate a bicycle on any street, alley or highway within the town after dark unless such bicycle is equipped with bicycle reflectors. A white reflector shall be mounted on the front and clearly visible. A red reflector should be mounted on the back and clearly visible.

(Ord. passed 8-15-95) Penalty, see § 73.99

§ 73.08 CONTROL.

Every person operating a bicycle shall be required to have the bicycle under complete control at all times and to observe traffic regulations and traffic-control signals in the same manner as required of motor vehicles.

(Ord. passed 8-15-95) Penalty, see § 73.99

§ 73.10 ROLLER SKATES, ROLLER BLADES, SKATE BOARDS, OR SIMILAR DEVICES.

It shall be unlawful for any roller skates, roller blades, skate boards, or similar devices to be used on the sidewalks of Main Street from Sycamore Street to Goldsboro Street.

(Ord. passed 3-17-98) Penalty, see § 73.99

§ 73.99 PENALTY.

(A) Any person who violates any provision of this chapter to which no other specific penalty applies shall be subject to the penalty set forth in § 10.99.

(B) Any bicycle operated by the owner, or other person lawfully in custody thereof, in violation of any of the provisions of this article may be taken into custody, and impounded by the chief of police for a period not to exceed 30 days. A penalty of $10 may also be imposed for violations of this chapter. For a violation of 73.09(F) see § 10.99.

(Ord. passed 8-15-95)

16

 

CHAPTER 74: TRAFFIC SCHEDULES

 

CHAPTER 74: TRAFFIC SCHEDULES

 

Schedule

I. One way streets

II. No “U” turns

III. Traffic lights

IV. Stop intersections

V. Truck routes

VI. Speed bumps

VII. Speed limits

SCHEDULE I: ONE WAY STREETS.

The following are designated as one way streets, as more fully described in § 71.01.

Street

Between

Direction

Ord. No.

Date Passed

Black Street

Norwayne Alumni Way and South Streets

North

Main Street

Pender and Pine Streets

West

Motion

1-2-86

Pine Street

Main St and Carolina St

('85 Code, Ch. 73, Sched. I) Penalty, see § 70.99 (Ord. revised 3-19-19)

SCHEDULE II: NO “U” TURNS.

No complete or “U” turns are permitted at the following intersections, as more fully described in § 71.46.

Street Intersection

Ord. No.

Date Passed

Main Street and Sycamore Street

Wilson Street and Main Street

('85 Code, Ch. 73, Sched. II) Penalty, see § 70.99

SCHEDULE III: TRAFFIC LIGHTS.

Traffic lights shall be located at the following intersections.

17

 

Intersection

Ord. No.

Date Passed

Main Street and Sycamore Street

Main Street and Wilson Street

CHAPTER 74: TRAFFIC SCHEDULES

 

('85 Code, Ch. 73, Sched. III)

SCHEDULE IV: STOP INTERSECTIONS.

(A) Two-way stop intersections. Stop signs shall be located at the following intersections, as more fully described in § 71.31.

Intersection

Ord. No.

Date Passed

Aycock and Lee

Aycock and Main

Ballance Road and Wilson

Barnes and Goldsboro

Barnes and Sycamore

Barnes and Vance

Bayberry Circle and Chestnut

Motion

12-1-83

Bryant and Goldsboro

Bryant and Sycamore

Bryant and Wilson

Carolina and Dock

Carolina and Goldsboro

Carolina and Hillandale

Motion

9-10-87

Carolina and Sycamore

Carolina and Vance

Carolina and Wilson

Charles Drive and Carolina

18

 

CHAPTER 74: TRAFFIC SCHEDULES

CHAPTER 74: TRAFFIC SCHEDULES

Intersection

Ord. No.

Date Passed

Chestnut and Ballance Road

Dickerson and Sycamore

Dickerson and Vance

Dock and Lee (South Side)

Dock and Main

Dock and Wayne

Friendship Drive and Memorial Church Road

Motion

12-1-83

Goldsboro and Ballance Road

Goldsboro and Norwayne Alumni Way

Goldsboro and Bryant

Goldsboro and Carolina

Goldsboro and Main

Goldsboro and North

Goldsboro and South

Goldsboro and Wayne

Green and Lee

Green and Main

Harrell and Goldsboro

Harrell and Sycamore

Harrell and Vance

Hooks Avenue and Carolina

Johnson Street and Chestnut Street

Motion

12-1-83

Main and Memorial Church Rd

Main and Pender

Main and Pine

19

Martin and Ballance Road

20

CHAPTER 74: TRAFFIC SCHEDULES

 

CHAPTER 74: TRAFFIC SCHEDULES

Intersection

Ord. No.

Date Passed

Memorial Church Rd and Carolina

Mill and Pine

Mill and Wilson

New Daniels Chapel Rd and Pippin

New Daniels Chapel Rd and Vance

North and Goldsboro

North and Pine

North and Sycamore

North and Vance

North and Wilson

Norwayne Alumni Way and Blank

Norwayne Alumni Way and Dock

Norwayne Alumni Way and Goldsboro

Norwayne Alumni Way and Pender

Norwayne Alumni Way and Pine

Norwayne Alumni Way and Sycamore

Norwayne Alumni Way and Vance

Norwayne Alumni Way and Wilson

Pender and Norwayne Alumni Way

Pender and Main

Pender and South

Pender and Wayne

Pine and Norwayne Alumni Way

Pine and Carolina

Pine and Main

1-1988

8-18-88

Pine and Wayne

Pippin and Sycamore

South Street and Aycock

South and Dock

South and Green

South and Memorial Church Rd

South and Pender

South and Wilson

Sycamore and Ballance Road

Sycamore and Pippin

Sycamore and South

Sycamore and Wayne

Vance and Ballance Road

Vance and Main

Vance and Pippin

Ward and Pine

1989-1

7-18-89

Ward and Sycamore

Ward and Vance

Washington and Goldsboro

Washington and Sycamore

Washington and Vance

Wayne and Aycock

Wayne and Memorial Church Rd

Wayne and Green

Wayne and Wilson

Wooten and Ward

1989-1

7-18-89

CHAPTER 74: TRAFFIC SCHEDULES

 

('85 Code, Ch. 73, Sched. IV) (Am. Motion passed 1-20-98) (Ord. revised 3-19-19)

21

(B) Four-way stop intersections. The following intersections are designated four-way stop intersections.

Intersections

Ord. No.

Date Passed

Bryant and Vance

New Daniel Chapel Rd and Vance

North and Vance

Pender and Wayne

South and Pine Streets

Motion

4-21-92

Vance and Bryant

Vance and New Daniels Chapel Rd

Vance and South

Wayne and Vance Streets

Motion

4-21-92

CHAPTER 74: TRAFFIC SCHEDULES

 

Penalty, see § 70.99 (Ord. revised 3-19-19)

SCHEDULE V: TRUCK ROUTES.

The following sections of highways and streets shall be designated as “truck routes,” the truck routes being particularly described as follows:

Route

Length (Miles)

Description

Ord. No.

Date Passed

US 117

0.64

From the southern corporate limit, northward to NC 222 (Main Street)

11-6-80

US 117 - NC 222

0.10

From NC 222 (Main Street), northward to NC 222 (Carolina Street)

11-6-80

US 117

0.63

From NC 222 (Carolina Street) northward to the northern corporate limit

11-6-80

NC 222

0.48

From the western corporate limit, eastward to US 117 (Wilson Street)

11-6-80

NC 222

0.51

From US 117 (Wilson Street), eastward to the eastern corporate limit

11-6-80

('85 Code, Ch. 73, Sched. V) Penalty, see § 70.99

22

 

CHAPTER 74: TRAFFIC SCHEDULES

SCHEDULE VI: SPEED BUMPS.

The following streets will have speed bumps erected on them and a warning sign as to that fact.

Street

Location

Ord. No.

Date Passed

Main Street

West of the intersection of Main and Pender

Motion

11-7-85

Pender Street

South at its intersection with Main

Motion

11-7-85

SCHEDULE VII: SPEED LIMITS.

(A) The following streets will have the listed speed limits.

Street

Location

Speed Limit

Ord. No.

Date Passed

Chestnut Street

South of Ballance Road to the dead-end

25

Motion

7-10-86

Wilson Street

(US 117)

Brentwood Trailer Court to northern town limits

45

Motion

9-10-87

Wilson Street (US 117)

From a point 0.08 miles south of Ballance Road to a point 0.10 miles south of Norwayne Alumni Way

35

Motion

9-10-87

Wilson Street (US 117)

From North Street to a point 0.05 miles south of Edmundson Spring Road

35

Motion

9-10-87

(Ord. revised 3-19-19)

(B) All speed limits within the jurisdiction of the town unless otherwise posted by the State Department of Transportation shall be at the town speed limit set at 25 miles per hour.

(Ord. passed 5-18-93) Penalty, see § 70.99

23

CHAPTER 75: PARKING SCHEDULES

Schedule

I. No parking at any time

II. No parking during certain hours

III. Parking limited to specific periods of time

IV. Parking stands

V. Handicapped parking

VI. Loading and unloading zones

SCHEDULE I: NO PARKING AT ANY TIME.

Parking is prohibited at all times on the following streets, as more fully described in § 72.17.

Street

Side(s)

Location

Ord. No.

Date Passed

Carolina Street

South

Wilson Street to a point 200 feet west

1-8-80

Carolina Street

North

Wilson to Pine

1-8-80

Highway 117

Both

Extend 200 feet from the fast break

2-16-93

Main Street

North

Vance to Aycock

1-8-80

North Street

Both

South Street from back of curb to railroad track

1-8-80

Pine Street

East

Carolina to North Street

1-8-80

Pine Street

East

Ward to Norwayne Alumni Way

1-8-80

Pine Street

East

On Pine St. from the southeast corner of Main and Pine Streets to a point 59 feet north

1-1988

8-18-88

Pine Street

West

On Pine St. from the northwest corner of Main and Pine Streets to a point 97 ft. north

1-1988

8-18-88

South Street

Both

Norwayne Alumni Way from the edge of highway shoulder to the railroad track

1-8-80

Sycamore Street

East

Main to Alley

1-8-80

Ward Street

North

Sycamore to Vance

1-8-80

Wilson Street

West

Main to Carolina

1-8-80

Wilson Street

Both

From Bryant Street to a point 625 feet north, and from Bryant Street to a point 710 feet south.

5-18-93

('85 Code, Ch. 74, Sched. I) Penalty, see § 70.99 (Ord. revised 3-19-19)

24

 

25

 

CHAPTER 75: PARKING SCHEDULES

SCHEDULE II: NO PARKING DURING CERTAIN HOURS.

Street

Side(s)

Location

Ord. No.

Date Passed

Main Street

South

Pender to Pine during school hours

('85 Code, Ch. 74, Sched. II) Penalty, see § 70.99

SCHEDULE III: PARKING LIMITED TO SPECIFIC PERIODS OF TIME.

(A) Ten minute parking. The following streets or portions of streets shall be limited to 10 minute parking.

Street

Location

Duration

Ord. No.

Date Passed

Main Street

In front of the Post Office

8:00 a.m. to

5:00 p.m.

Motion

11-14-91

(B) Fifteen minute parking. The following streets or portions of streets shall be limited to 15 minute parking.

Street

Location

Duration

Ord. No.

Date Passed

Main Street

In front of the Town Hall

Motion

10-20-98

Penalty, see § 70.99

SCHEDULE IV: PARKING STANDS.

The following streets or portions of streets shall be reserved as stands for the specific purpose and at the exact location described in the following and as more fully described in § 72.19.

Street

Location

Purpose

Ord. No.

Date Passed

Main Street

In front of Town Hall

One place for policeman's vehicle

Main Street

Across from Town Hall

One place for bicycles

South Sycamore

Between Main and Wayne on West side

One place for bicycles

26

('85 Code, Ch. 74, Sched. IV) Penalty, see § 70.99

CHAPTER 75: PARKING SCHEDULES

 

SCHEDULE V: HANDICAPPED PARKING.

The following streets or parts of streets shall have a handicapped parking space in the location so designated.

Street

Location

Ord. No.

Date Passed

Carolina Street

South side of east Carolina Street, the second space in front of the Methodist Church

Motion

12-4-91

Goldsboro Street

Southeast corner of Goldsboro Street and Main Street

Penalty, see § 70.99

SCHEDULE VI: LOADING AND UNLOADING ZONES.

The following streets or portions of streets shall be reserved for the purpose of loading and unloading at the exact point or location described in the following and as more fully described in § 72.20.

Street

Side(s)

Location

Ord. No.

Date Passed

Pine Street

West

Last three parking spaces on the west side of Pine St., the first of which begins 190 ft. from the northwest corner of Main and Pine Streets to the third or last space which ends at a point 121 ft. from the same northwest corner of Main and Pine Streets.

1-1988

8-18-88

Penalty, see § 70.99

CHAPTER 76: GOLF CARTS

AUTHORITY FOR ORDINANCE:

This chapter is adopted to address the interest of public safety under the provisions of House Bill 538, Session Law 2007-72 and Senate Bill 1328, Session Law 2006-27, which provides the Town of Fremont authority to:

  1. Notwithstanding the provisions of G.S. 20-50 and G.S. 20-54, the town may, by ordinance, regulate the operation of golf carts on any public street or highway within the town limits, or on any property owned or leased by the town.

  1. By ordinance, the town may require the registration of golf carts, charge a fee for the registration, specify who is authorized to operate golf carts, and specify the required equipment, load limits, and the hours and methods of operation of golf carts.

DEFINITIONS:

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Golf cart: means an electric or gas golf cart. 

Operate: means to drive, or be in physical control of a golf cart that is moving or has its engine on. 

LIABILITY DISCLAIMER:

This article is adopted to address the interest of public safety. Golf carts are not designed or manufactured to be used on the public streets, and the town in no way advocates or endorses their operation on public streets or roads. The town, by regulating such operation is merely trying to address obvious safety issues, and adoption of this article is not to be relied upon as a determination that operation on public streets is safe or advisable if done in accordance with this article. All persons who operate or ride upon golf carts on public streets or roads do so at their own risk and peril, and must be observant of, and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists, and pedestrians. The town has no liability under any theory of liability and the town assumes no liability, for permitting golf carts to be operated on the public streets and roads under the special legislation granted by the state's legislature. Any person who operates a golf cart is responsible for procuring liability insurance sufficient to cover the risk involved in using a golf cart on the public streets and roads.

RULES AND REGULATIONS.

27

Carts that are not equipped and registered as required by the State Motor Vehicle Law may only be operated within the Town of Fremont, in areas other than the golf course, in accordance with the following rules and regulations.  Operation of carts in violation of these rules and regulations shall be subject to the penalty provisions of this section or in egregious cases, may constitute reckless driving as defined in the North Carolina General Statutes.

  1. CHAPTER 76: GOLF CARTS

    Drivers of carts shall stay to the far right of the traveled portion of the road and yield the right-of-way to overtaking motor vehicles and pedestrian traffic.

  1. Carts operating between the time of one-half hour before sunset and one-half hour after sunrise shall be equipped with and have in use headlights and reflectors located on the rear of the cart.

  1. Golf carts may be operated only between the hours of 6:00 a.m. to 10:00 p.m.

  1. Carts shall be equipped with at least one operational mirror allowing the operator to see behind the cart.

  1. Golf carts must be operated in accordance with all applicable state and local laws and ordinances, including all laws, regulations and ordinances pertaining to the possession and use of alcoholic beverages.

  1. Golf carts must have the basic equipment supplied by the manufacturer, including a vehicle identification number. Such equipment must include all safety devices as installed by said manufacturer, including lights and reflectors if the vehicle is to be operated at any time before sunrise or after sunset as set forth in subsection (C) of this ordinance.

  1. No one is allowed to stand on a golf cart while it is in operation.

  1. The driver must be at least 16 years old and have proper picture identification of such.

  1. Only the number of people the golf cart is designed to seat may ride on a golf cart, specifically, passengers shall not be carried on the part of a golf cart designed to carry golf bags.

  1. The chief of police, or his designee, may prohibit the operation of golf carts on any street or road if the chief determines that the prohibition is necessary in the interest of safety.

  1. Golf carts shall not be operated on or across any public or private properties without the permission of the property owner.

PENALTY

Violation of this chapter shall be a misdemeanor and punished with a fine of $50 for each violation, provided however, that operating a golf cart under the influence of an impairing substance (i.e., alcohol or drugs) on a public road or highway is not a violation of this article, but a violation of state law, and is punishable as provided therein.

28

(Ordinance passed 8-19-08)

CHAPTER 90: ABANDONED AND JUNKED MOTOR VEHICLES

Section

90.01 Intent and purpose

90.02 Definitions

90.03 Duty of owner to remove

90.04 Removal by town

90.05 Costs of removal; notice to owner

90.06 Sale of abandoned motor vehicles

90.07 Disposition of proceeds of sale of abandoned motor vehicle

90.08 Disposition of junked motor vehicles

90.09 Disposition of proceeds of sale of junked motor vehicle

90.10 Disposition of unidentified vehicles

90.11 Immunity

90.12 Exemption

§ 90.01 INTENT AND PURPOSE.

It is the intent of the town to prohibit the abandonment of motor vehicles on public streets or on public or private property within the town and the town may enforce this subchapter by removing and disposing of junked or abandoned motor vehicles according to the procedures prescribed herein.

('85 Code, § 96.15)

§ 90.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED MOTOR VEHICLE. A motor vehicle shall be deemed to have been abandoned for the purposes of this subchapter in the following circumstances:

(1) It is left unattended upon a street or highway for longer than 12 hours in violation of a law or ordinance prohibiting parking;

(2) It is left unattended on property owned or operated by the town for a period longer than 24 hours;

(3) It is left unattended on any public street or highway for a period longer than seven days; or if motor vehicle is creating a roadway hazard or blocking lanes of travel, it will immediately be towed when vehicle is unattended. (Ord. revised 09-1-19)

(4) It is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours.

JUNKED MOTOR VEHICLE. A vehicle that does not display a current license plate and that:

(1) Is partially dismantled or wrecked; or

(2) Cannot be self-propelled or removed in the manner in which it was originally intended to move; or

(3) Is more than five years old and appears to be worth less than $100. ('85 Code, § 96.16) (Am. Ord. passed 10-13-88)

§ 90.03 DUTY OF OWNER TO REMOVE.

(A) If a motor vehicle is abandoned or junked on a public street or highway, it shall be the duty and

responsibility of the owner of that motor vehicle to cause the removal thereof immediately and to pay all costs incident to the removal. It shall be unlawful for any person to allow a motor vehicle owned by him to remain abandoned on a public street or highway after notice has been duly given to that person to have the vehicle removed.

(B) If a motor vehicle is junked on private property, it shall be the duty and responsibility of the owner of such motor vehicle to cause the removal thereof immediately and to pay all cost incident to such removal. It shall be unlawful for any person to allow a motor vehicle owned by him to remain junked on private property after notice has been given to such person to have the vehicle removed.

('85 Code, § 96.17) (Am. Ord. passed 10-13-88) Penalty, see § 10.99

§ 90.04 REMOVAL BY TOWN.

Whenever any motor vehicle is abandoned or junked on a public street or highway, or on property owned or operated by the town, or on private property, any vehicle may be removed by or under the direction of the Building Inspector or Chief of Police, or their designee to a storage garage or area; provided, no merely abandoned vehicle shall be removed from private property without the written request or permission of the owner, lessee, or occupant thereof unless the same has been declared by the Building Inspector or the Board of Aldermen to be a health or safety hazard. ('85 Code, § 96.18) (Am. Ord. passed 10-13-88)

§ 90.05 COSTS OF REMOVAL; NOTICE TO OWNER.

(A) When an abandoned or junked motor vehicle is removed from private property at the request of the owner, lessee, or occupant thereof, the person at whose request the vehicle is removed shall be required to pay or otherwise indemnify the town for any expenses incurred by reason of the removal and storage of the vehicle.

(B) The owner of any vehicle removed hereunder from any public street or highway, or any property owned or operated by the town, or any private property, shall pay to the town all reasonable costs incident to the removal and storage of the vehicle and to locating the owner thereof.

(C) Written notice of each removal of an abandoned or junked vehicle and of the possible sale or disposition thereof shall be given as promptly as possible to the owner thereof at his last known address according to the latest registration certificate or certificate of title on file with the State Department of Motor Vehicles.

(D) Notice need not be given to the registered owner when the vehicle does not display a license plate and the vehicle identification numbers have been removed or defaced so as to be illegible.

('85 Code, § 96.19)

§ 90.06 SALE OF ABANDONED MOTOR VEHICLES.

If an abandoned motor vehicle is worth $100 (value to be determined by the Building Inspector) or more and should the owner thereof refuse to pay the aforementioned costs or should the identity or whereabouts of the owner be unknown and unascertainable after a diligent search, it shall, after being held by the town for 30 days and after 20 days written notice to the registered owner at his last known address if his identity is known, and to the holders of all liens of record against the vehicle, and to the State Department of Motor Vehicles, be sold by the Building Inspector or his designee at public auction. However, any person having an interest in the vehicle may redeem it at any time before the sale by paying all costs, including administrative and legal fees of the town which have accrued to date. ('85 Code, § 96.20)

§ 90.07 DISPOSITION OF PROCEEDS OF SALE OF ABANDONED MOTOR VEHICLE.

The proceeds of the sale of an abandoned motor vehicle shall be paid to the town and the Finance Director shall pay from the proceeds the costs of removal, storage, investigation, sale, and liens, in that order. The remainder of the proceeds of sale, if any, shall be paid over to the registered owner, or held by the town for 60 days if the registered owner cannot be located with reasonable diligence. If the owner does not claim the remainder of the proceeds within 60 days after the sale, the funds shall be deposited into the town's General Fund and the owner's rights therein shall be forever extinguished.

('85 Code, § 96.21)

§ 90.08 DISPOSITION OF JUNKED MOTOR VEHICLES.

(A) With the consent of the owner, the Building Inspector, or his designee, may dispose of any vehicle as a junked motor vehicle without holding it for any prescribed period of time.

(B) Any unclaimed junked motor vehicle as defined by this subchapter shall be held for a period of at least 15 days. The owner of any vehicle may claim his vehicle during the 15 day retention period by exhibiting proof of ownership to the Building Inspector and after paying all reasonable costs incident to the removal and storage of the vehicle plus administrative expenses. If after the vehicle is held 15 days it remains unclaimed, the vehicle may be destroyed or sold at private sales as junk. Within 15 days after final disposition of a junked motor vehicle, written notice thereof shall be given to the Department of Motor Vehicles that the vehicle has been determined to be a junked motor vehicle and disposed of as such. The notice shall contain as full and accurate a description of the vehicle as can be reasonably determined. ('85 Code, § 96.22) (Am. Ord. passed 10-13-88)

§ 90.09 DISPOSITION OF PROCEEDS OF SALE OF JUNKED MOTOR VEHICLE.

The proceeds of the sale of a junked motor vehicle, after all costs of removal, storage, investigation, and sale, and satisfaction of any liens of record on the vehicle have been deducted therefrom, shall be held by the Town Finance Director for 30 days and paid to the registered owner upon demand. If the owner does not appear to claim the remainder of the proceeds within 30 days after disposal of the vehicle, the funds shall be deposited into the town's General Fund and the owner's rights therein shall be forever extinguished. ('85 Code, § 96.23)

§ 90.10 DISPOSITION OF UNIDENTIFIED VEHICLES.

Vehicles not displaying a license plate and whose identification numbers have been removed or defaced so as to be illegible may be destroyed or sold at a private sale, without regard to value, after being held for 48 hours. ('85 Code, § 96.24)

§ 90.11 IMMUNITY.

Neither the town nor any person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of any abandoned, lost, or stolen vehicle for disposing of the vehicle as contemplated by this chapter.

('85 Code, § 96.25)

§ 90.12 EXEMPTION.

Nothing in this chapter shall apply to any vehicle in an enclosed building or any vehicle on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place or manner. ('85 Code, § 96.26) (Am. Ord. passed 10-13-88)

 

CHAPTER 91: ANIMAL CONTROL

Section

General Provisions

91.01 Animal control; composition; responsibility

91.02 General responsibilities of department; personal liability of town officers, agents, and employees

91.03 Definitions

91.04 Bird sanctuary; area designated; hunting, trapping, shooting therein; posting of regulations

91.05 Running at-large prohibited

91.06 Limitation on number of dogs and cats

91.07 Inoculation of dogs, cats, and other pets

91.08 Animal defecation on street and private property

91.09 Confinement of female animals in heat

Licenses

91.10 Dog license required; exceptions

91.11 License fees; issuance; transferability

91.12 License tags

91.13 Cat license required; exceptions

91.14 License tags

Nuisance Animals

91.15 Public nuisance animals

91.16 Stable and holding facilities

91.17 Anti-climbing fences

Standards

91.18 Pet shop standards

91.19 Kennel standards

91.20 Training of security dogs

91.21 Standards for catteries

91.22 General health conditions in holding facilities

91.23 Training of attack dogs

Administration and Enforcement

91.24 Impoundment

91.25 Notice to owner of impounded animal

91.26 Periods of impoundment

91.27 Redemption of impounded animal

91.28 Summary destruction of animals for humane reasons

91.29 Confinement of animals with history of biting people

91.30 Disposal of animal carcasses

91.31 License tax deemed a debt to city; liability for tax and penalty; action to recover

monies

91.32 Notice of violations

91.33 Refusal to issue license when applicant in violation of law

91.34 Unauthorized use of license receipts, tags, or inoculation

Inherently Dangerous Exotic Animals

91.35 Definitions

91.36 Possession of inherently dangerous exotic animals illegal

91.37 Exceptions

91.38 Impoundment; disposition of impounded animals

91.39 Violation a misdemeanor

91.40 Interference

91.41 Records

91.42 Penalty

91.43 Schedule of fines and fees

GENERAL PROVISIONS

§ 91.01 ANIMAL CONTROL; COMPOSITION; RESPONSIBILITY.

The presence of animals at-large, stray animals, nuisance animals, and diseased animals within the corporate limits of the town is hereby declared to be a public nuisance. Such animals are a threat to the health of the community and to the safety of persons and property alike. In order to abate and control this nuisance, the police department of the town will have the responsibility of animal control. (Ord. passed 5-16-00)

Statutory reference:

Animals shelters, see G. S. § 160A-493

Regulations of wild and domestic animals, see G.S. §§ 160A-186 and 160A-187

§ 91.02 GENERAL RESPONSIBILITIES OF DEPARTMENT; PERSONAL LIABILITY OF TOWN OFFICERS, AGENTS, AND EMPLOYEES.

(A) The Police Department shall be charged with the responsibility of:

(1) Seeing that all animals in the town are duly licensed and adequately inoculated against rabies;

(2) Cooperating with the Wayne County Health Director and County health officers and assisting in the enforcement of the laws of the state with regard to the control of animals and especially with regard to the vaccination of animals against rabies and the confinement of vicious animals;

(3) Investigating all complaints with regard to animals covered by this chapter;

(4) Making such canvasses of the town, including the homes in the town as it deems necessary and practical for the purpose of ascertaining that all animals are properly licensed and that all animals are vaccinated against rabies.

(5) Enforcing within the town all of the state laws and town ordinances for the care, control, and custody of animals covered by this chapter;

(6) Coordinating with the Town Clerk in receiving applications for and issuing licenses for all animals that require a license by this ordinance.

(B) Except as may be otherwise provided by statute or local law or ordinance, no officer, agent, or employee of the municipality charged with the duty of enforcing the provisions of this chapter or other applicable law shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties. (Ord. passed 5-16-00)

§ 91.03 DEFINITIONS.

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section

ADULT ANIMAL. Any animal that is four months old or older.

ANIMALS AT LARGE.

(1) CATS AT LARGE. Any cat who by complaint is found off the premises of its owner or is found to be a public hazard or nuisance.

(2) ALL OTHER ANIMALS. Any animal, other than a cat, which is found off the premises of its owner and not under sufficient physical restraint, such as leash, cage, bridle, or similarly effective device, to allow the animal to be controlled.

ANIMAL CONTROL SHELTER. Any holding or other facility designated by the Board of Aldermen for the detention of animals.

ANIMAL CONTROL WARDEN. A person designated as such to perform duties described by this chapter.

ANIMAL UNDER RESTRAINT. Any animal confined within a vehicle or confined within the real property limits of its owner or secured by leash or lead.

ANTI-CLIMBER. A device consisting of angled metal braces and smooth surfaced wire, which wire is stretched between each angled metal brace, all of which are attached to the top of a fence. The wire shall be at least three strands, separated evenly, the furthest being no less than 18 inches from the top of the fence. It shall extend inwards at an angle of not less than 45 degrees, nor more than 90 degrees, measured from perpendicular.

CATTERY. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds, or grooms cats.

DOMESTICATED ANIMAL. An animal such as is accustomed to live in or about the habitation of men, including but not limited to cats, cows, dogs, fowl, horses, and domesticated wild animals. The term does not include hogs, pigs, any other swine, or any member of the ursidae or fedidae families of the carnivora order if the animal weighs more than 35 pounds.

HOLDING FACILITY. Any pet shop, kennel, cattery, or combination thereof.

INOCULATION or INOCULATION AGAINST RABIES. These terms shall mean the vaccination or inoculation of an animal with an antirabic vaccine approved by the United States Bureau of Animal Industry, the North Carolina State Department of Agriculture, and the North Carolina State Board of Health and/or the local health director, as defined in repealed G.S. § 106-364(2), or successor authority currently set forth as G.S. §§ 130A-184 et seq.

KENNEL. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds, grooms, lets for hire, or trains for a fee, dogs. The term shall not include the ownership of dogs which are not a part of the household or which are maintained adjoining a private residence for hunting, tracking practice, exhibition, or the guarding or protection of the owner's property when no more than five dogs per year are sold by such owner.

OWNER. Any person owning, keeping, harboring, possessing, or acting as custodian, however temporarily, of an animal, provided, however, that a person having temporary custody or possession of an animal for the sole purpose of turning over such animal to a member of animal control or other peace officer shall not be deemed the owner of the animal.

PET. A domesticated animal kept for pleasure rather than utility. Pets include but are not limited to birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals, and other animals associated with man's environment.

PET SHOP. A commercial establishment for profit, which offers for sale two or more species of live animals with the intent that they are kept as pets.

PUBLIC NUISANCE ANIMAL. Any animal or group of animals in which one of the following occurs:

(1) Is found at-large more than two times within 180 days.

(2) Damages the property of anyone other than its owner.

(3) Is vicious.

(4) Causes fouling of the air by odors.

(5) Causes unsanitary condition of enclosures or surroundings.

(6) By virtue of number or type is offensive or dangerous to the public health, safety, or welfare.

(7) Excessively makes disturbing noises.

(8) Is diseased and dangerous to the public health.

TRAINER. Any individual who holds himself or herself available to the general public for the purpose of training security dogs. The term does not include individuals who are in the business of obedience training only.

VICIOUS ANIMAL. Any animal which constitutes a physical threat to human beings or other animals by virtue of attacks of such number and severity as to cause property damage or physical injury.

WEEKDAYS. Mondays through Friday inclusive, excluding local, state, and national legal holidays.

(Ord. passed 5-16-00)

§ 91.04 BIRD SANCTUARY; AREA DESIGNATED; HUNTING, TRAPPING, SHOOTING THEREIN; POSTING OF REGULATIONS.

(A) The area embraced within the corporate limits of the town is hereby designated as a bird sanctuary.

(B) It shall be unlawful to trap, hunt, shoot, or intentionally kill within the sanctuary hereby established any wild bird, provided that it shall be lawful by the Chief of Police or his or her designee to trap starlings or similar birds or fowl that are found to be congregating in such number in a particular locality that they constitute a nuisance or a menace to health or property as designated by the Chief of Police or his or her designee.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

Statutory reference:

Bird sanctuary establishment, see G.S. § 160A-188

§ 91.05 RUNNING AT-LARGE PROHIBITED.

It shall be unlawful for the owner of any animal to allow such animal to be at-large within the corporate limits of the town or on any town property. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.06 LIMITATION ON NUMBER OF DOGS AND CATS.

It shall be unlawful for more than two adult dogs and two adult cats to be kept within any household or on any lot within the town. Adult animals are four months old or older. (Ord. passed 6-27-06)

Penalty, see §§ 91.39 through 91.43

§ 91.07 INOCULATION OF DOGS, CATS, AND OTHER PETS.

(A) Inoculation. Refer to state law. (G.S. §§ 130A-195)

(B) Proof of inoculation.

(1) Any person inoculating an animal against rabies shall issue to the owner of the animal inoculated a numbered metallic tag, stamped with the number and the year for which it is issued, and indicating that the animal has been inoculated against rabies.

(2) The metal inoculation tag shall be securely fastened to the animal's choke chain collar or harness, and it shall be unlawful for the owner of an animal to allow such animal to be within the town without the inoculation tag. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

Statutory reference:

Rabies vaccination, see G.S. § 130A-185

Rabies vaccination tags, see G.S. § 130A-190

§ 91.08 ANIMAL DEFECATION ON STREETS AND PRIVATE PROPERTY.

(A) It shall be unlawful for the owner of any animal to allow such animal to be at-large in the town or on any town property.

(B) It shall be unlawful for any person owning, harboring, keeping, or in charge of any animal to fail to remove feces deposited by the animal on any street, sidewalk, park, or other publicly owned area.

(C) It shall be unlawful for any person owning, harboring, keeping, or in charge of any animal to fail to remove feces deposited by the animal on any private property unless the owner of the property has given permission allowing such use of the property.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.09 CONFINEMENT OF FEMALE ANIMALS IN HEAT.

Every female animal while in heat shall be confined in a building or a secure enclosure in such manner that she will not be in contact with another animal nor create a nuisance by attracting other animals, provided that this section shall not be constructed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal being bred.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

LICENSES

§ 91.10 DOG LICENSE REQUIRED; EXCEPTIONS.

(A) It shall be unlawful for any person to own, keep, or harbor any dog over the age of four months within the corporate limits of the town unless such dog is licensed as provided for in § 91.10.

(B) The licensing requirements of § 91.10 herein shall not apply to any dog being kept in a kennel or other holding facility or used as a seeing eye dog or governmental police dog or belonging to a nonresident of the town and kept within the boundaries of the town for no longer than thirty (30) days, provided that all dogs of nonresidents shall at the time of entry into the town be properly vaccinated against rabies and, while being kept within the town, shall meet all other requirements of this chapter. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.11 LICENSE FEES; ISSUANCE; TRANSFERABILITY.

(A) The annual dog license fee shall be set by the Board of Aldermen. See fee schedule.

(B) The dog license fee shall be due on February 15th of each year. Licenses must be obtained for all dogs four months old or alder. Thereafter all licenses are due on February 15th of each year.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.12 LICENSE TAGS.

(A) Upon payment of the dog license fee to the Town Clerk or his or her duly authorized representative, a numbered metal identification tag shall be issued to the owner of a dog.

(B) The metal dog license tag shall be securely fastened to the dog's choke chain, collar, or harness, and it shall be unlawful for the owner of a dog to allow such dog to be within the town without the license tag. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.13 CAT LICENSE REQUIRED; EXCEPTIONS.

(A) It shall be unlawful for any person to own, keep, or harbor any cat over the age of four months within the corporate limits of the town unless such cat is licensed as provided for in § 91.10.

(B) The licensing requirements of § 91.10 herein shall not apply to any cat being kept in a cattery or other holding facility, or belonging to a nonresident of the town and kept within the boundaries of the town, provided that all cats of nonresidents shall at the time of entry into the town be properly vaccinated against rabies and, while being kept within the town, shall meet all other requirements of this chapter. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.14 LICENSE TAGS.

(A) The annual cat license fee shall be set by the Board of Alderman. See fee schedule.

(B) Upon payment of the cat license fee to the Town Clerk or his or her duly authorized representative, a numbered metal identification tag shall be issued to the owner of a cat.

(C) The cat license shall be due on February 15th of each year. Licenses must be obtained for all cats four months old or older. Thereafter, all licenses are due on February 15th of each year.

(D) The metal cat license tag shall be securely fastened to the cat's collar or harness, and it shall be unlawful for the owner of a cat to allow such cat to be within the town without the license tag.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

NUISANCE ANIMALS

§ 91.15 PUBLIC NUISANCE ANIMALS.

(A) Prohibited generally; exceptions. It shall be unlawful to own, keep, or harbor a public nuisance animal within the town.provided, however, that it shall not be unlawful to own or keep a dog of vicious tendencies for the protection of persons or property, if such dog is securely confined in a manner not to expose it to the general public. This exception for dogs of vicious tendencies does not extend to dogs which excessively make disturbing noises.

(B) Complaint and notice. Upon receipt of a written detailed and signed complaint being made to the Police Department by any resident or residents that any person is maintaining a public nuisance animal as defined in this chapter, the Chief of Police or his or her authorize representative shall cause the owner of the animal or animals in question to be notified that a complaint has been received and shall cause the situation complained of to be investigated and a written report of the findings be prepared by the investigating Police Officer. The Chief of Police may declare an animal to be a public nuisance.

(C) Abatement. If the written findings of the investigating officer indicate that the complaint is justified, then the Chief of Police shall cause the owner or keeper of the animal or animals in question to be so notified in writing and ordered to abate such nuisance within 24 hours after notification. On failure to abate nuisance within 24 hours of notification, the Chief or his or her designee will issue a citation. In the event the owner of the animal or animals is unknown and cannot be ascertained, the notice and order, along with a general description of the animal or animals shall be posted at the Town Hall.

(D) Impoundment upon failure to abate. If any person receiving notice in the manner herein above described shall fail or refuse to abate the nuisance upon order of the Chief of Police within the specified time, the Police Chief may cause the animal or animals in question to be apprehended and impounded in accordance with the provisions of § 91.24 of this chapter.

(E) Right of appeal. Within the 24-hour period mentioned in division (C) above, the owner of the nuisance animal may appeal the findings of the Chief of Police to the Town Administrator by giving written notice of appeal to the Town Administrator with a copy to the Chief of Police. The appeal stays the abatement of the nuisance until a final determination by the Board of Aldermen.

(F) Redemption; destruction. If the owner of a nuisance animal shall so request, the animal or animals may be redeemed pursuant to the provisions of § 91.27 and upon the further condition that the owner execute a written agreement to comply with the abatement order. If no redemption and execution is made by the owner within the time specified under § 91.15 (C), then the animal shall be disposed of in accordance with the provisions of § 91.28 hereunder. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.16 STABLE AND HOLDING FACILITIES.

See the Fremont Zoning Ordinance. (Ord. passed 5-16-00)

§ 91.17 ANTI-CLIMBING FENCES.

Anti-climbing fences are not allowed in residential zones. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

STANDARDS

§ 91.18 PET SHOP STANDARDS.

(A) Requirement. All pet shops, as defined herein, including pet shops operate in conjunction with another holding facility, shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Willful failure of the owner or operator to meet these standards shall be grounds for denial or revocation of a privilege license and shall be unlawful.

(B) Standards.

(1) Water. There shall be available hot water at a minimum temperature of 140 degrees for washing cages and disinfecting them, and cold water easily accessible to all parts of the shop. Fresh water will be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be mounted so the animal cannot turn them over and be removable for cleaning.

(2) Room temperature. The room temperature of the shop shall be maintained at a level that is healthful for every species of animals kept in the shop.

(3) Cages and enclosures. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that any animal will have room to stand, turn, and stretch out to its full length.

(4) Feeding. All animals under three months old are to be fed at least three times per 24 hours. Animals over three months old should be fed once every 24 hours. Food for all animals shall be served in a clean dish so mounted that the animals cannot readily tip it over or defecate or urinate therein.

(5) Birds. Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day, and cages must be disinfected when birds are sold. Parrots and other large birds shall have separate cages from smaller birds.

(6) Bedding. There shall be sufficient clean, dry bedding to meet the needs of each individual animal.

(7) Fish. The temperature of water in which fish are kept shall be maintained at a constant temperature that is healthful.

(8) General watering and sanitation requirements. All animals must be watered and cages cleaned every day, including Saturdays, Sundays, and holidays. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.19 KENNEL STANDARDS.

(A) Requirement. All kennels, as defined herein, shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Willful failure of the owner or operator to meet these standards shall be grounds for denial or revocation of a privilege license and shall be unlawful.

(B) Standards.

(1) Building temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs, and walls shall be of an impervious material to permit proper cleaning and disinfecting. Healthful building temperatures shall be maintained.

(2) Cages and runs. Each animal shall have sufficient space to stand up, lie down, and turn around without touching the side or top of cages. Cages are to be of materials and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding. Runs shall provide an adequate exercise area and protection from the weather. Runs shall have an impervious surface. All animal quarters and runs are to be kept clean, dry, and in a sanitary condition.

(3) Feeding. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

(4) Watering of animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be removable type. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.20 TRAINING OF SECURITY DOGS.

Training of security dogs is not allowed in the town limits. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.21 STANDARDS FOR CATTERIES.

The standards for catteries, as defined herein, shall be the same as those required for kennels as defined and prescribed above. The word “cat” shall be substituted for the word “dog” when applying kennel standards to catteries. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.22 GENERAL HEALTH CONDITIONS IN HOLDING FACILITIES.

Any animal in a holding facility which shows signs of illness or contagious disease shall be isolated in such manner as to prevent the spread of such illness or disease to other animals. All sick, diseased, or injured animals in such facilities shall be provided appropriate veterinary care; and areas where the animal has been shall be decontaminated. All holding facilities shall, in addition to complying with other applicable provisions of this chapter, provide for healthy and comfortable temperatures, in accordance with the age and species of animals, in areas outside building where animals are kept. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.23 TRAINING OF ATTACK DOGS.

Attack training of attack dogs is not allowed in the town limits. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

ADMINISTRATION AND ENFORCEMENT

§ 91.24 IMPOUNDMENT.

Animals may be impounded when found at-large or ordered by the Police Chief or his or her designated representative. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.25 NOTICE TO OWNER OF IMPOUNDED ANIMAL.

Upon impounding an animal with an identification tag, the police officer shall cause a prompt and reasonable effort to be made to locate and notify the animals owner. The town will post description of impounded animal in Town Hall for five working days.

(Ord. passed 5-16-00)

§ 91.26 PERIODS OF IMPOUNDMENT.

(A) Domesticated animals other than dogs shall be impounded by Wayne County according to the Wayne County animal control ordinance. Such animals shall be impounded in a humane manner.

(B) Dogs without valid license tags shall be impounded by Wayne County according to the Wayne County animal control ordinance. Dogs with valid tags shall be impounded by Wayne County according to the Wayne County animal control ordinance. Such animals shall be impounded in a humane manner.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.27 REDEMPTION OF IMPOUNDED ANIMAL.

(A) The owner of an impounded animal shall be entitled to redeem such animal, except as provided in this subchapter, upon compliance with the license provision of this chapter, the payment of all Wayne County redemption fees, and upon furnishing proof of ownership. Any animal redeemed which has not been inoculated against rabies shall be so inoculated within two weekdays of redemption, and failure of the owner of the animal to cause the dog or cat to be so inoculated shall be unlawful.

(B) All fines imposed by the town must be paid before redemption to the owner. Proof of payment must be provided to the Wayne County animal shelter before redemption to the owner.

(C) Redemption fees provided in this section shall be set by the Town Board for each animal. See fee schedule. (Ord. passed 5-16-00)

§ 91.28 SUMMARY DESTRUCTION OF ANIMALS FOR HUMANE REASONS.

When, in the judgement of the Police Department, it is determined that any animal should be destroyed for humane reasons, or to protect the public from danger to persons or property, such animal may be destroyed by lethal injection without regard to any time limitations otherwise established herein and shall not be held personally liable as result of any act required in the discharge of such duties. (Ord. passed 5-16-00)

§ 91.29 CONFINEMENT OF ANIMALS WITH HISTORY OF BITING PEOPLE.

All fierce, dangerous, or vicious animals, including dogs that have a history of unlawful biting humans, shall be confined by the owner within a building or secure enclosure or by the Police Department. Such animals shall not be released from confinement unless securely muzzled.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.30 DISPOSAL OF ANIMAL CARCASSES.

The Director Public Works, upon request of any person or otherwise, may pick up and dispose of any animal carcass within the area of his or her jurisdiction. When the owner of an animal, the carcass of which is disposed of by a public agency, can be identified, the owner shall be billed for the cost of the disposition. See fee schedule. (Ord. passed 5-16-00)

§ 91.31 LICENSE TAG DEEMED A DEBT TO CITY; LIABILITY FOR TAX AND PENALTY; ACTION TO RECOVER MONEYS.

The amount of any license tax imposed by this chapter shall be deemed a debt to the town. A violation of § 91.15, “Public nuisance animals,” shall subject the violator to a civil penalty. Any person owning, having, or keeping any animal in the town without having obtained a license to do so, or who shall violate the provisions of this chapter, shall be liable to an action in the name of the town in any court of competent jurisdiction for the amount of any license tax or penalty imposed by and required by this chapter. Members of the Police Department are authorized to cause a complaint to be filed against any person failing to pay any license tax or penalty required by the provisions of this chapter for the recovery of such tax or penalty. Such action shall be cumulative and shall not be deemed as a bar to or a waiver of the right to institute any other civil or criminal proceeding for a violation of this chapter. (Ord. passed 5-16-00)

§ 91.32 NOTICE OF VIOLATIONS.

(A) In discharging their duties under this chapter, members of the Police Department are hereby empowered to issue citations to any person if there is reasonable cause to believe that the person has violated any of the provisions of this chapter. Citations so issued may be delivered in person to the violator by member of the Police Department, or they may be mailed to the person so charged, if he or she cannot be readily found. Any notice or citations so delivered or mailed shall direct the alleged violator to appear at the Town Hall on or before a specific day and hour named in the notice, and the period so specified shall be not less than 96 hours after its delivery to the violator.

(B) The Chief of Police shall cause all notice forms to be serially numbered in triplicate and shall cause the records with respect to the notice forms and the disposition of the same to be maintained that all forms shall be capable of being accounted for. The Chief of Police or his or her representative shall periodically investigate the records of the department for the purpose of determining the disposition of the notice forms and shall report the result of such investigation to the Town Administrator. For the purpose of making this investigation, the Town Administrator shall have access to the necessary records of the department.

(C) If an alleged violator of any section of this chapter does not appear in response to the notice described in division (A) at or before the day and hour named in the notice, the Police Department shall send to such violator a notice informing the violator of the violation and warning the violator that he or she will be held responsible to appear in answer to the notice, and that in the event that the notice is disregarded for a period of four days (96 hours) from the date of mailing of this second notice, a complaint will be filed and a warrant of arrest issued.

(D) If a violator does not appear in response to the above described notices and citation, the Police Department shall forthwith have a complaint entered against the person and secure and issue a warrant for his or her arrest. (Ord. passed 5-16-00)

§ 91.33 REFUSAL TO ISSUE LICENSE WHEN APPLICANT IN VIOLATION OF LAW.

Any license provided for in this chapter may be denied on the recommendation of the Town Administrator where the applicant is or would be in violation of any law. (Ord. passed 5-16-00)

§ 91.34 UNAUTHORIZED USE OF LICENSE RECEIPTS, TAGS, OR INOCULATION.

It shall be unlawful for any person to use for any dog, attack and security dog training facility, or holding facility, a license receipt, license tag, or a rabies inoculation certification, certificate issued to another person, dog, cat, or facility. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

INHERENTLY DANGEROUS EXOTIC ANIMAL

§ 91.35 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS EXOTIC ANIMAL. Any member of the Canidae, Felidae, or Ursidae families, including hybrids thereof, which due to their inherent nature, may be considered dangerous to humans.

(1) Canidae include any member of the dog (canid) family not customarily domesticated by man, or any hybrids of such Canidae thereof, including wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dog (Canis familiaris).

(2) Felidae include any member of the cat family weighing over 15 pounds not customarily domesticated by man, or any hybrids of such Felidae, but not including domestic cats (Felis catus).

(3) Ursidae include any member of the bear family or hybrids of such Ursidae.

DANGEROUS REPTILE. Any member of the class Reptilla which:

(1) Is venomous. A venomous reptile shall include all members of the families Helodermidae (gila monsters and Mexican beaded lizards), Viperidae (vipers), Crotalidae (pit vipers), Atractaspidae (burrowing asps), Hydrophilidae (sea snakes), and Elapidae (cobras, coral snakes, and their allies), as well as any “rear fanged” snakes of the family Colubridae that are known to be dangerous to humans, including but not limited to Dispholidus Typus (boomslangs), or Thebtornis kirtlandii (twig snakes), Rahbdophisspp (keelbacks).

(2) Is a member of the order Crocodilia (crocodiles, alligators, and caiman).

(3) Constrictor snakes not indigenous.

EXOTIC ANIMAL. Any animal which:

(1) Is not native or indigenous to North Carolina; or

(2) Does not have an established wild population in North Carolina; or

(3) Is not regulated by the North Carolina State Wildlife Commission.

HARBORER OF A DANGEROUS EXOTIC ANIMAL OR A DANGEROUS REPTILE. Any person or persons, regardless of ownership, who allows a dangerous reptile to remain, lodge, or be fed or to be given shelter or refuge within the person's home, store, yard, enclosure, outbuilding, abandoned vehicle or building, place of business, or any other premises in which the person resides or over which the person has control.

(Ord. passed 5-16-00)

§ 91.36 POSSESSION OF INHERENTLY DANGEROUS EXOTIC ANIMALS ILLEGAL.

At no time may any person or persons harbor a dangerous exotic animal or a dangerous reptile.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.37 EXCEPTIONS.

This subchapter does not apply to:

(A) Veterinary clinics in possession of such animals or reptiles for treatment or rehabilitation purposes.

(B) Non-resident circuses for no longer than one seven-day period, per each separate location where the circus is held within the town per calendar year.

(C) Non-resident carnivals for no longer than one seven-day period, per each separate location where the carnival is held within the town per calendar year.

(D) Persons temporarily transporting such animals or reptiles through the town, provided that such transit time shall not be more than 24 hours. (Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.38 IMPOUNDMENT; DISPOSITION OF IMPOUNDED ANIMALS.

(A) Any dangerous exotic animal or dangerous reptile which is kept by any person in contravention of § 91.36 of these provisions may be taken up and impounded by the Police Department for the protection and health of the animal and/or for the protection of the public. Whenever possible, the Police Officer shall take up and impound the animal in the presence of its owner or harborer; however, if such is not practicable, then the Police Officer may impound such animal consistent with the provisions of this section.

(B) If an animal is impounded pursuant to this section, the owner or harborer of the animal shall be notified by the Police Officer in person or by certified mail.

(C) Any animal impounded pursuant to this section will be held by the Wayne County Animal Control Facility for the owner to claim pursuant to the provisions of § 91.26.

(D) The owner or harborer of the animal can reclaim the animal if the person can satisfy the Chief of Police that a safe transfer of the animal to an appropriate location outside of the town has been arranged.

(E) If no owner or harborer can be located or will claim the animal, the animal will be immediately turned over to the Wayne County Animal Control.

(F) All cost of impoundment, care, and fines of the animal will be charged to its owner or harborer regardless of whether the animal is claimed by or returned to the owners or harborer; and in the event that the animal is reclaimed, such costs shall be paid in full prior to the owner or harborer reclaiming the animal pursuant to division (D) of this section. (Ord. passed 5-16-00)

VIOLATIONS; PENALTIES; FEES

§ 91.39 VIOLATION A MISDEMEANOR.

Any person who is found guilty of a violation of this chapter shall be guilty of a Class 3 misdemeanor. (Maximum punishment is 30 days or less, or a fine). For every day that the animal(s) remain housed or harbored as defined in § 91.38 shall constitute a new offense.

(Ord. passed 5-16-00)

§ 91.40 INTERFERENCE.

It shall be unlawful for any person to interfere with, hinder, or molest the Police Department or its agents, or county animal control officers or veterinarians, in the performance of any duty authorized by this chapter, or to seek to release any animal in the custody of said agents, whether it be a holding facility or a trap designed specifically to capture an animal and set by the police officer, or to tamper with a trap set by the above mentioned agents to prevent the capture of an animal.

(Ord. passed 5-16-00) Penalty, see §§ 91.39 through 91.43

§ 91.41 RECORDS.

It shall be the duty of the Police Department to keep, or cause to be kept, accurate and detailed records of:

(A) Impoundment and disposition of all animals to be released to the County Animal Shelter;

(B) Bite cases, violations, and complaint investigations;

(C) All monies belonging to the town which were derived from impoundment fees and penalties.

(D) All other records deemed necessary by the Chief of Police. (Ord. passed 5-16-00)

§ 91.42 PENALTY.

Pursuant to G.S. § 14-4, it is a misdemeanor punishable by a fine not to exceed $50 or imprisonment not to exceed 30 days to violate any ordinance by the Board of Aldermen. (Ord. passed 5-16-00)

§ 91.43 SCHEDULE OF FINES AND FEES.

§ 91.25 Random pick-up of an animal without a complaint.

First offense in a 12-month period

$10

Second offense in the same 12-month period

$15

Third offense in the same 12-month period

$30

This fee will be imposed on the owner of the animal, no matter if there are different animals each offense.

§ 91.29 Animal pick-up due to a complaint.

First time in a 12-month period

$25

Second time in the same 12-month period

$50

Third time in the same 12-month period

$75

Animal license fee (free if animal is sterilized)

$5

Fail to license an animal

Per animal

$25

Disposal of animal carcasses

Under 25 lbs.

$5

Over 25 lbs.

$10

Minimum of $100 or actual cost for any live stock

§ 91.34 Possession of an exotic animal

See § 10.99

§ 91.36 Impoundment of an exotic animal

See § 10.99

§ 91.38 Interference with an animal control officer

$100

§ 91.38 Interference with an animal control trap

$100

Any other violations of this subchapter will be fined as described by § 10.99 or $100.00 per offense per day.

POOL ROOMS AND BILLIARD PARLORS

§ 110.01 AGE REQUIREMENT.

No person or owner of any pool room or billiard parlor shall allow any person under 18 years of age to loiter in public pool room or billiard parlors in the town. If alcohol is served, the ABC laws will be in effect.

(Ord. Revised 10-9-19) ('85 Code, § 112.01) Penalty, see § 10.99

Statutory reference:

Permitting minors in billiard rooms, see G.S.

§ 14-317

112.01 Definitions

112.02 Peddling, hawking, and soliciting

§ 112.01 DEFINITIONS

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

TO BEG, PANHANDLE, OR SOLICIT CONTRIBUTIONS. To beg, panhandle, or solicit contributions shall be defined to include, without limitation, the spoken, written, or printed word or such other acts as are conducted in furtherance of the purpose of obtaining contributions.

ACCOSTING. Accosting another person shall be defined as approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act or damage to property in his immediate possession.

INTIMIDATE. Intimidate another person shall be defined as acting in such a way as would cause a reasonable person to fear bodily harm and therefore to do something he or she would not otherwise have done.

FORCING ONESELF UPON THE COMPANY OF ANOTHER PERSON. Forcing oneself upon the company of another person shall be defined as:

(1) Continuing to request or solicit contributions in close proximity to the person addressed after that person has responded negatively;

(2) Blocking the passage of the person addressed; or

(3) Otherwise engaging in conduct which reasonably could be understood as intended to force a person to accede to demands.

PUBLIC PLACE. Public place shall be defined to include streets, highways, and roadways (including the shoulders and medians), sidewalks, alleys, and other public property, as well as town-owned and town-controlled property and private property open to the public unless permission to solicit has been obtained from the town or from the property owner or other person in authority.

VOCAL APPEAL. Vocal appeal shall be defined as begging, panhandling, or solicitation of contributions by spoken word or other verbal request. This shall not include the act of performing music with a sign or other indication that a contribution is being sought, without any vocal request other than in response to an inquiry.

DIRECT WRITTEN APPEAL. Direct written appeal shall be defined as begging, panhandling, or solicitation by handing to a person or attempting to hand to a person a written solicitation for immediate contributions.

NIGHTTIME. Nighttime shall be defined as the time from dusk to dawn.

§ 112.02 BEGGING, PANHANDLING, OR SOLICITING CONTRIBUTIONS.

The purpose of this section is to ensure unimpeded pedestrian and vehicle traffic flow, to maintain and protect the well-being of pedestrians and to otherwise foster a harassment-free climate in public places.

(A) No person shall:

(1) beg, panhandle, or solicit contributions in a public place in a manner so as to intimidate another person or by accosting another person, or by forcing oneself upon the company of another person.

(2) beg, panhandle, or solicit contributions from another person within twenty (20) feet of an entrance or exit of any bank or financial institution or within twenty (20) feet of any automated teller machine.

(3) beg, panhandle, or solicit contributions in any public transportation vehicle owned or operated by the Town of Fremont or at any station for such vehicle or within six (6) feet of a bus stop sign, bus stop shelter, or bus stop bench.

(4) beg, panhandle, or solicit contributions while sitting or standing on a roadway or the shoulder or median of a roadway.

(5) beg, panhandle, or solicit contributions in a public place by vocal appeal or direct written appeal during nighttime.

(B) Violation of this section shall constitute a misdemeanor and shall subject the violator to a fine of not more than fifty dollars ($50.00) or imprisonment for not more than seven (7) days.

(C) Exceptions: The conduct prohibited does not include solicitations made by authorized representatives of not-for-profit corporations, organizations or groups in order to obtain funds designed principally to further the purpose of such not-for-profit corporations, organizations or groups provided proper identification such as signs, vests, badges, etc. are clearly visible to the general public naming the not-for-profit corporations, organizations or groups.

(D) Severability: If a portion of this section is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed severable, and such holding shall affect the validity of the remaining portions hereof.

(Ord. Revised 5-16-06)

OFFENSES AGAINST TOWN REGULATIONS

 

General Provisions

130.01 Drinking in public

130.02 Firearms

130.03 Molotov cocktails; firebombs

130.04 Loitering

130.05 Disorderly houses

130.06 Adult entertainment

130.07 Police dogs

Curfew for Minors

130.15 Purpose of curfew

130.16 Definitions

130.17 Curfew established

130.18 Time limits

130.19 Exceptions

130.20 Responsibility of guardian

130.21 Responsibility of business establishments

130.22 Severability

Public Property

130.35 Posting bills

GENERAL PROVISIONS

§ 130.01 DRINKING IN PUBLIC.

No person shall consume, serve or drink wine, beer, whiskey, or alcoholic beverages of any kind on the public streets, boulevards, alleys, in public buildings or on town property.

('85 Code, § 130.01) Penalty, see § 10.99

§ 130.02 FIREARMS.

It shall be unlawful for any person to discharge any firearm of any type within the corporate limits except a peace officer in the performance of his duty.

('85 Code, § 130.02) Penalty, see § 10.99

Cross-reference:

Signs prohibiting concealed weapons on

municipal property, see §§ 34.01, 34.02

Statutory reference:

Authority to regulate, see G.S. § 160A-189

§ 130.03 MOLOTOV COCKTAILS; FIREBOMBS.

(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FIREBOMB. Any type of object designed or constructed so that upon being propelled it will explode or ignite its area of impact.

MOLOTOV COCKTAIL. Any breakable container or any container which is designed in a manner that upon being propelled it will at impact empty its contents, which is filled with an inflammable fluid or substance, and which is fitted with a fuse or wick.

(B) It shall be unlawful for any person or persons to manufacture, possess, transport, or use any Molotov Cocktail or other firebombs.

(C) It shall be unlawful for any person to possess all the items or materials needed to

manufacture Molotov Cocktails or other firebombs, other than on his premises.

('85 Code, § 130.03) (Ord. passed 4-18-68) Penalty, see § 10.99

§ 130.04 LOITERING.

(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC PLACE. Any place to which the general public has access and a right to resort for business, entertainment, recreation or any other lawful purpose, but does not necessarily mean a place devoted solely by the uses of the public. It shall also include the front or immediate area of any store, shop, tavern, restaurant, or other place of business and also public areas and grounds.

(B) It shall be unlawful in a public place for any individual to:

(1) Obstruct or make dangerous any public street, alley, highway, sidewalk, or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic, and pedestrians.

(2) Commit in or upon any public street, alley, highway, sidewalk, or any other public place or building any act or thing which is dangerous to and is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any public street, alley, highway, sidewalk, or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto.

(C) When any person causes or commits any of the conditions enumerated in § 130.04(A) herein, a police officer or any law enforcement officer shall order that person to stop causing or committing the conditions and to move on or disperse.

(D) Any person who fails or refuses to obey the orders shall be guilty of a violation of this section. ('85 Code, § 130.04) (Ord. passed 7-10-80) Penalty, see § 10.99

§ 130.05 DISORDERLY HOUSES.

(A) No person shall knowingly keep, maintain, operate, permit or continue to allow a disorderly house for himself or another. These establishments and the operation thereof are declared to be a public nuisance and are therefore prohibited and subject to the penalties of this code.

('85 Code, § 132.01) Penalty, see § 10.99

(B) Each violation of this ordinance by the owner(s) of property on which a disorderly home is located, owner(s) of disorderly homes, occupants, and residents of disorderly homes shall be a Class 3 misdemeanor and a maximum fine of $500.00 may be assessed to each offender individually.

(C) A disorderly house shall be any residence at which one or more of the following activities occur:

1. Breach of the peace by repeated acts of disturbing the public order including, but not limited to homicide, assault, affray, communicating threats, unlawful possession of drugs, dangerous weapons, illegal gang activity, and discharging firearms.

2. Gambling, illegal possession of or sale of controlled substances as defined in the North Carolina Controlled Substances Act.

3. Impeding the regular flow of vehicular traffic by tenants or visitors of the residence with the intent to perform illegal activity.

4. Possession and consumption of alcohol, malt beverages, or unfortified wine by persons under the age of 21 years old.

(Ord. Revised 9-18-07)

§ 130.06 ADULT ENTERTAINMENT.

No person shall knowingly keep, maintain, or operate an adult bookstore, adult movie house, massage parlor, or topless dancing establishment within 500 feet of property zoned R-15, R-85, or R-6 as defined in Chapter 153 or within 500 feet of a church or school.

('85 Code, § 132.02) Penalty, see § 10.99

§ 130.07 POLICE DOGS.

It shall be unlawful to willfully torture, torment, beat, lick, strike, mutilate, injure, disable or otherwise mistreat, a dog owned by the town, or willfully by any action whatsoever, interfere with the lawful performance of such dog.

(Ord. passed 7-20-93)

Statutory reference:

For provisions concerning injuring or killing law

enforcement agency animals, see G.S.

§ 14-163.1

CURFEW FOR MINORS

§ 130.15 PURPOSE OF CURFEW.

The purpose of this section is to:

(1) protect juveniles from improper influences that prevail after the curfew hour, to include involvement with gangs.

(2) to protect juveniles from criminal activity that occurs after the curfew hour.

(3) to protect the public from illegal acts being committed by juveniles.

(4) to define the duties of parents or guardians and operators of business establishments in enforcing the ordinances.

§ 130.16 DEFINITIONS.

For the purpose of this section, the following words and phrases shall have the following meanings:

AUTHORIZED ADULT. Any person who is at least 18 years of age and authorized by a parent of said juvenile to take said parents place in accompanying said juvenile for a designated period of time.

CURFEW HOURS. The hours of 9:30 p.m. through 5:30 a.m. Sunday through Saturday.

DIRECT PATH. The shortest path of travel through a public place to reach a final destination without any detour or stop along the way.

EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent injury or loss of life.

ESTABLISHMENT. Any privately owned place of business to which the public has access or is invited including but not limited to any place of amusement or entertainment.

FUNCTION. Any event including but not limited to activities involving the free exercise of religion, speech, assembly and activities sponsored by the town, a church, the Wayne County Public Schools, or other nonprofit or community organization.

GUARDIAN. See parent.

JUVENILE. Any person under the age of eighteen (18) who has not married or emancipated.

LOITER. To linger or stay in a public place.

MINOR. See juvenile.

OFFICIAL TIME. The time recorded in the Wayne County Emergency Dispatch Center (911).

PARENT. Any person having legal custody of a juvenile as a natural adoptive parent, as a legal guardian, as a person who stands in loco parentis, or as a person whom legal custody has been given by court order.

PUBLIC PLACE. Any place that is generally open to and used by the public or a substantial group of the public, whether it be publicly or privately owned, including but not limited to, streets, highways, alleys, right-of-ways, public vehicular areas and parking lots, shops, restaurants, convenience stores, schools and school grounds, places of business and amusement, playgrounds, parks, church grounds, similar areas that are open to the public, and other common areas open to or accessible to the public.

REMAIN. Remain means to stay behind, to tarry and to stay unnecessarily in a public place including the congregating of groups (or of interacting minors) totaling four or more persons in which any juvenile involved would not be using the streets for ordinary or serious purposes such as mere passage or going home, or to fail to leave the premises of an establishment when requested to do so by a police officer or the operator of an establishment. To implement this provision with additional precision and precaution, numerous exceptions are expressly defined in the Ordinance.

RESTRICTED HOURS. The time of night referred to herein is based upon the prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Savings Time, generally observed at that hour by the public in the Town of Fremont, North Carolina. Restricted hours will mean the hours between 9:30 p.m. and 5:00 a.m.

(Ord. passed 10-20-92; Am. Ord. passed 4-21-99) (Ord. Revised 5-16-06)

§ 130.17 CURFEW ESTABLISHED.

A curfew applicable to minors is established and shall be enforced as set forth in this subchapter.

(Ord. passed 10-20-92)

§ 130.18 TIME LIMITS.

It is unlawful for any minor to be or remain upon any public place as defined in this subchapter in the town between 9:30 p.m. and 5:00 a.m.

(Ord. passed 10-20-92) Penalty, see § 10.99

§ 130.19 EXCEPTIONS.

The provisions of this section do not apply in the following situations:

(1) The juvenile is accompanied by his or her parent, guardian or other adult having the responsibility for primary care and custody of the juvenile.

(2) A juvenile who is in a public place as a result of an emergency and with the knowledge of a parent or authorized adult.

(3) A juvenile is legally employed, for the period of thirty (30) minutes before and thirty (30) minutes after work, while taking a direct path to his or her home to or from the place of employment. Juveniles who fall within this exception must carry written proof of employment which includes the hours the employer requires the juvenile to work and a current contact number.

(4) A juvenile on a direct path from an adult organized/supervised activity or a place of public entertainment, such as a movie or play, sporting event, or school or church sponsored event, for a period of thirty (30) minutes before or thirty (30) minutes after said event. The parent must have knowledge of the event.

(5) A juvenile on a direct path to or from an event sponsored by an accredited education institution, for a period of thirty (30) minutes before or thirty (30) minutes after said event.

(6) A juvenile in a motor vehicle and engaged in interstate travel with the knowledge and permission of a parent or authorized adult.

(7) A juvenile who is traveling to or from an activity involving the exercise of first amendment rights of speech, freedom of assembly or freedom of religion. Said travel must be a direct path and must be for a period of thirty (30) minutes before or thirty (30) minutes after said event. The parent must have knowledge of the event.

(8) A juvenile on the swale or sidewalk abutting the juvenile’s residence or the residence of the next door neighbor provided that neighbor has not complained to the Department of Public Safety about the juvenile’s presence.

(Ord. Revised 5-16-06)

§ 130.20 RESPONSIBILITY OF GUARDIAN.

It is unlawful for any guardian to allow or permit such minor to be in or upon, or remain in or upon a public place within the town within the curfew hours set by § 130.18, except as otherwise provided in § 130.19.

(Ord. passed 10-20-92) Penalty, see § 10.99

§ 130.21 RESPONSIBILITY OF BUSINESS ESTABLISHMENTS.

It is unlawful for any person, firm, or corporation operating a place of business or amusement to knowingly allow or permit any minor to be in or upon, or to remain in or upon, any place of business or amusement operated by them within the curfew hours set by § 130.18 of this chapter, except as otherwise provided in § 130.19 of this chapter. The term “knowingly” includes knowledge that an operator or employer should reasonably be expected to have concerning the patrons of an establishment.

(Ord. passed 10-20-92) (Ord. Revised 5-16-06) Penalty, see § 10.99

§ 130.22 SEVERABILITY.

If any section, subsection, sentence, term or exception of this section, or any application thereof to any person or circumstance, is adjudged to be unconstitutional or invalid, such adjudication shall not be deemed applicable to any other person or circumstances. Furthermore, the Town Board declares its intent to adopt and enforce each and every section of this ordinance separate and independent from one another.

(Ord. Revised 5-16-06)

Building Code

150.01 County Building Code adopted

150.02 Building Inspector

Property Numbering

150.15 Map

150.16 Numbering system

150.17 Owner to display number

150.18 Numbers for future buildings

150.19 Defacing number; prohibited

Fire Limits

150.30 Description

150.31 Regulations

Cross-reference:

Streets and sidewalks, see Ch. 98

Subdivisions, see Ch. 152

Water and sewers, see Ch. 53

Zoning code, see Ch. 153

BUILDING CODE

§ 150.01 COUNTY BUILDING CODE ADOPTED.

The County Building Code and amendments and revisions thereto are hereby adopted by reference and included in this chapter as if set forth in their entirety herein. (Motion passed 5-14-87)

§ 150.02 BUILDING INSPECTOR.

(A) The officer or employee, as the Board of Aldermen has appointed, the Wayne County Building Inspector and he shall possess all the powers conferred and perform all the duties prescribed by G.S. § 160A-412 and other statutes applicable thereto. He shall possess further power and perform further duties as may be prescribed by this chapter. He shall receive the fees allowed by statute. (Ord. revised 5-15-18)

(B) The Inspector or his deputy shall have the right to enter, at all reasonable times, any building structure or premises, within the town, for the purpose of inspecting, or in the performance of his duties. He shall make or cause to be made the inspection of all chimneys, flues, steam, and fire openings within the town.

(C) He may, when occasion requires, appoint a deputy or deputies, to perform any part of his duties.

(D) The Board of Aldermen for the town shall from time to time appoint a person to perform all duties and responsibilities conferred upon the Building Inspector in the code of ordinances for the town not performed by the county. ('85 Code, § 150.02) (Am. Ord. passed 11-12-87)

PROPERTY NUMBERING

§ 150.15 MAP.

The property-numbering map entitled “Property Numbering Map,” dated May 1, 1979, Fremont, North Carolina, is adopted as the official property-numbering map of the town, and all property numbers assigned shall be assigned in accordance with this numbering map; and no other property numbers shall be used or displayed in the town, except numbers assigned in accordance with the official property-numbering map. The property-numbering map shall

be kept on file in the office of the town Clerk. ('85 Code, § 150.25) (Ord. passed 5-10-79)

Cross-reference:

Subdivisions, see Ch. 152

§ 150.16 NUMBERING SYSTEM.

(A) On the property-numbering map, US 117 is designated as the North-South axis, and Main Street (including NCSR 1359 and NC 222) is designated as the East-West axis: and all avenues, streets, and alleys running generally north and south shall be numbered from the East-West axis consecutively to the corporate limits of the extremity of the avenue, alley, or street. Avenues, streets, or alleys running generally east and west shall be numbered from the North-South axis in the same manner. Wherever possible, 100 numbers shall be allowed to each block so that the number of each consecutive block shall commence with consecutive hundreds and one.

(B) One whole number shall be assigned to each lot in town. Each parcel of land that has not been subdivided will be assigned a number for each 60 feet of road frontage. Numbers for lots in a proposed subdivision will be assigned by the Planning Board. Odd numbers shall be assigned to the west side of the street on all north-south streets, and even numbers to the east side. On east-west streets, even numbers shall be assigned to the south side of the street and odd numbers to the north side. ('85 Code, § 150.26) (Ord. passed 5-10-79)

§ 150.17 OWNER TO DISPLAY NUMBER.

Every property owner of improved property shall, on or before January 1, 1980, purchase and display in a conspicuous place on the property the numbers assigned. When the building or structure is located in excess of 50 feet from the road or street, the assigned number will also be displayed on the mailbox, post, or curb at the street. The minimum size of numbers shall be four inches in height. ('85 Code, § 150.27) (Ord. passed 5-10-79)

§ 150.18 NUMBERS FOR FUTURE BUILDINGS.

All residences, and buildings used for commercial or other purposes, which are erected after the adoption of this subchapter shall be assigned a number in accordance with the property-numbering map. The owner of a new residence or building shall obtain property numbers from the town Clerk and the owner is responsible for displaying the property numbers as provided in § 150.27 prior to occupying the new residence or building. ('85 Code, § 150.28) (Ord. passed 5-10-79)

§ 150.19 DEFACING NUMBER; PROHIBITED.

It shall be unlawful for any person to alter, deface, or take down any number placed on any property in accordance with this subchapter, except for repair or replacement of the number. ('85 Code, § 150.29) (Ord. passed 5-10-79) Penalty, see § 10.99

FIRE LIMITS

§ 150.30 DESCRIPTION.

(A) It shall be unlawful for any person, firm, or corporation or the agents of such, to construct within the fire limits of the town as hereinafter described any building or structure except as built of brick, metal, tile, stone, or other fireproof material, and after having obtained a permit to erect a building or structure on the premises and meeting all requirements of G.S. §§ 160A-435 and 160A-436. The fire limits of the town shall be as follows:

(1) Primary fire limits.

Beginning at a Point (1) on the eastern side of Sycamore Street at its intersection with Carolina Street; thence in a southerly direction parallel with Sycamore Street to a Point (2) on the eastern side of Sycamore Street at its intersection with Main Street, including all properties along the eastern side of Sycamore

Street; thence in an easterly direction parallel with Main Street to a point (3) on the northern side of Main Street 349 feet from the intersection of Main Street and Sycamore Street, including all properties on the northern side of Main Street; thence in a southerly direction crossing Main Street to a point (4) on the southern side of Main Street 349 feet from the intersection of Main Street and Sycamore Street; thence in a westerly direction parallel with Main Street to a point (5) on Main Street 75 feet from the intersection of Main Street and Sycamore Street, excluding all properties along Main Street between Point (4) and Point (5); thence in a westerly direction parallel with Main Street to a Point (6) at the intersection of Main Street and Sycamore Street, including all properties along Main Street between Point (5) and Point (6); thence in a southerly direction parallel with Sycamore Street to a Point (7) at the intersection of Wane Street including all properties on the eastern side of Sycamore Street; thence in a northerly direction crossing Sycamore Street to a Point (8) 264 feet from the intersection of Sycamore Street and Main Street, including all properties between Main Street and Point (8) on the western side of Sycamore Street; thence in a southerly direction parallel with Sycamore Street to a Point (9) at the intersection of Wayne Street, excluding all properties between Point (8) and Point (9) on the western side of Sycamore Street; thence in a westerly direction parallel with the northern side of Wayne Street to a point (10) 187 feet from the intersection of Wayne Street and Goldsboro Street excluding all properties between Point (9) and Point (10); thence in a southerly direction crossing Wayne Street to a Point (11) 187 feet from the intersection of Wayne Street and Goldsboro Street; thence in a westerly direction parallel with the southern side of Wayne Street to a Point (12) at the intersection of Wayne Street and Goldsboro Street including all properties on both sides of Wayne Street between Point (11) and Point (12); thence in a southern direction parallel with Goldsboro Street 227 feet from the intersection of Wayne Street and Goldsboro Street to a point (13), including properties, on the eastern side of Goldsboro Street between Point (12) and Point (13); thence in a northerly direction parallel with Goldsboro Street, crossing Wayne Street, crossing Main Street and crossing alley to a Point (14) 141 feet from the intersection of Goldsboro Street and Main Street, including all properties on the eastern side of Goldsboro Street between Point (13) and Point (14); thence in a southerly direction to a Point (15) at the intersection of Goldsboro Street and Main Street; thence in an easterly direction parallel with Main Street to a point (16) at the intersection of Main Street and Sycamore Street, including all properties on both sides of Main Street between Point (15) and Point (16); thence in a northerly direction parallel with Sycamore Street to a point (17) 331 feet from the intersection of Main street, including properties on the western side of Sycamore Street between Point (16) and Point (17); thence in a northeasterly direction crossing Sycamore Street to a Point (1), the beginning.

(2) Secondary fire limits.

Beginning at a Point (1) at the intersection of Carolina Street and Wilson Street on the western side of Wilson Street; thence in a southerly direction parallel with Wilson Street, crossing Main Street to a Point (2) at the intersection of Wilson Street and Wayne Street, including all properties on the western side of Wilson Street between Point (1) and Point (2); thence in a westerly direction parallel with Wayne Street to a Point (3) 274 feet from the intersection of Wilson Street, including all properties on the northern side of Wayne Street between Point (2) and Point (3); thence in a southerly direction crossing Wayne Street to a Point (4) 169 feet west of the intersection of Wilson Street; thence in an easterly direction parallel with Wayne Street to a Point (5) including all properties on the southern side of Wayne Street between Point (4) and Point (5); thence in a southerly direction parallel with Wilson Street to a point (6) at the intersection of Wilson Street and South Street, including all properties on the west side of Wilson Street; thence in a northerly direction along Wilson Street, including all properties described to a Point (1), the beginning.

(B) However, the County Building Inspector shall have the right to issue permits for the erection of buildings within the limits where buildings are erected on premises used as homes within the limits and where the type of building so constructed would not endanger the life or safety of the people. Any person, firm, or corporation shall have the right to erect any building when approved by the County Building Inspector.

(Ord. passed 1-9-93; Am. Ord. passed 3-28-95) Penalty, see § 10.99

Statutory Reference:

Establishment of fire limits, see G.S. § 160A-435

§ 150.31 REGULATIONS.

No construction or alterations of any kind or description shall be made in the fire district without a building permit, and full compliance with the laws and ordinances governing construction in the town.

('85 Code, § 94.31) Penalty, see § 10.99

Statutory reference:

Restrictions, see G.S. § 160A-436

Section

Housing Standards

151.01 Purpose

151.02 Definitions

151.03 Fitness

151.04 Structural condition

151.05 Basic plumbing, heating, and electrical equipment and facilities

151.06 Ventilation

151.07 Space, use and location

151.08 Safe and sanitary maintenance

151.09 Control of insects, rodents, and infestations

151.10 Applicable to rooming houses

151.11 Responsibilities of owners and occupants

151.12 Powers and duties of minimum housing code enforcement officer

151.13 Inspections

151.14 Procedure for enforcement

151.15 Methods of service of complaints and orders

151.16 In rem action by officer; placarding

151.17 Costs; a lien on premises

151.18 Alternative remedies

151.19 Zoning Board of Adjustment to hear appeals

Abandoned Structures

151.51 Finding; intent of subchapter

151.52 Definitions

151.53 Duties of Housing Inspector; Police and Fire Department employees

151.54 Powers of Housing Inspector

151.55 Standards for enforcement

151.56 Procedure for enforcement

151.57 Conflict with other provisions

151.58 Violations

151.61 Finding; intent of subchapter

151.62 Definitions

151.63 Procedure for enforcement

151.64 Orders of housing inspector

151.65 Abandonment of intent to repair

151.99 Penalty

HOUSING STANDARDS

§ 151.01 PURPOSE.

(A) Pursuant to G.S. § 160A-441, it is hereby declared that dwellings exist in the town that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities; lack of ventilation, light and sanitary facilities; and other conditions rendering such dwellings unsafe or unsanitary, dangerous and detrimental to the health, safety and morals and otherwise inimical to the welfare of the residents of the town.

(B) In order to protect the health, safety and welfare of the residents of the town, as authorized by G.S. Chapter 160A, Article 19, Part 6, it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings for human habitation, as expressly authorized by G.S. § 160A-444. (Ord. passed 1-19-93)

§ 151.02 DEFINITIONS.

(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BASEMENT. A portion of a dwelling which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

CELLAR. A portion of dwelling which is located partly or wholly underground having an adequate access to light and air from windows located partly or wholly below the level of the adjoining ground.

DETERIORATED. A dwelling that is unfit for human habitation and can be repaired, altered or improved to comply with all of the standards established by this chapter at a cost not in excess of 50% of its value, as determined by finding of the Officer.

DILAPIDATED. A dwelling that is unfit for human habitation and cannot be repaired, altered or improved to comply with all the minimum standards established by this chapter except at a cost in excess of 50% of its value, as determined by finding of the Officer.

DWELLING. Any building, structure, or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. “Temporary housing,” as hereinafter defined, shall not be regarded as a dwelling. The term shall include within its meaning the terms “rooming house unit,” as hereinafter defined.

DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are aged or intended to be used for living, sleeping, cooking and eating.

EXTERMINATION. The control and elimination of insects, rodents, or other pests by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods approved by the Officer.

GARBAGE. The organic waste resulting from the handling, preparation, cooking and consumption of food.

HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, rooming or squatting purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers, or communicating corridors, closets and storage spaces.

INFESTATION. The presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.

MULTIPLE DWELLING. Any dwelling containing more than two dwelling units.

OCCUPANT. Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling, dwelling unit or rooming unit.

OFFICER. The Minimum Housing Code Enforcement Officer of the Town or any authorized agent of the Officer.

OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

OWNER. Any person who, alone, jointly, or severally with others:

(1) Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession thereof; or

(2) Shall be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or

(3) Shall have charge, care or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administratrix, trustee or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

PARTY or PARTIES IN INTEREST. All persons who have interests of record in dwelling, dwelling unit or rooming unit and any persons who are in possession thereof.

PERSON Any individual, corporation, firm, partnership, association, organization or other legal entity.

PLUMBING. All of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and other similar supplied fixture, together with all connections to water, sewer or gas lines.

PUBLIC AUTHORITY. The Town Housing Authority or any officer who is in charge of any department or branch of the government of town or of the county or the state relating to health, fire, building regulations or other activities concerning dwellings in the town.

ROOMING HOUSE. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

RUBBISH. Non-organic waste materials. The term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust.

SUPPLIED. Paid for, furnished, or provided by, or under the control of, the owner or operator.

TEMPORARY HOUSING. Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty consecutive days.

UNFIT FOR HUMAN HABITATION. Conditions that exist in a dwelling, dwelling unit, rooming house, or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.

(B) Words having certain meaning. Whenever the words “dwelling unit,” “rooming house,” and “premises” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.” (Ord. passed 1-19-93)

§ 151.03 FITNESS.

(A) Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all the requirements of §§ 151.04 through 151.09 of this chapter.

(B) No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of § 151.04 through 151.09.

(Ord. passed 1-19-93)

§ 151.04 STRUCTURAL CONDITION.

The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit:

(A) Walls or partitions or supporting members, sills, joists, rafters of other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.

(B) Floors or roof shall have adequate supporting members and strength to be reasonable safe for the purpose used.

(C) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.

(D) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.

(E) Adequate facilities for egress in case of fire or panic shall be provided.

(F) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.

(G) The roof, flashing, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as

to be weathertight and watertight.

(H) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.

(I) There shall be no use of the ground for floors or wood floors on the ground. (Ord. passed 1-19-93)

§ 151.05 BASIC PLUMBING, HEATING, AND ELECTRICAL EQUIPMENT AND FACILITIES.

(A) Plumbing system.

(1) Each dwelling unit shall be connected to a potable water supply and to a public sewer or other approved sewage disposal system.

(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

(3) All plumbing fixtures shall meet the standards of the State Plumbing Code and shall be maintained in a state of good repair and in good working order.

(4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.

(B) Heating System. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with the following:

(1) Central and electric heating system. Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms, bathrooms, and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of 70° F. measured at a point three feet above the floor during ordinary winter conditions.

(2) Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, gas vents or other facilities to which heating appliances may be connected to heat all habitable rooms with a minimum temperature of 70° F. measured three feet above the floor during ordinary winter conditions.

(C) Electrical System.

(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the State Electrical Code. There shall be installed in every bathroom, water closet room, laundry room, and furnace room, at least one supplied ceiling or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room then each such habitable room shall contain at least floor or wall-type electric convenience receptacles.

(2) Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient.

(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the State Electrical Code. (Ord. passed 1-19-93)

§ 151.06 VENTILATION.

(A) General. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window or any room and such light-obstructing structures are located less than five feet from the window and extend to a

level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such a room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.

(B) Habitable rooms. Every habitable room shall have at least one window or skylight which can easily be opened, or such device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required or shall have other approved, equivalent ventilation.

(C) Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system.

(Ord. passed 1-19-93)

§ 151.07 SPACE, USE AND LOCATION.

(A) Room sizes.

(1) Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the State Residential Building Code.

(2) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.

(3) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

(B) Ceiling height. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet six inches.

However, closet area and wall area within the dwelling unit may count for not more than 10% of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four and one-half feet shall not be considered as part of the floor area for the purpose of determining maximum permissible occupancy.

(D) Cellar. No cellar shall be used for living purposes.

(E) Basements. No basement shall be used for living purposes unless:

(1) The floor and walls are substantially watertight;

(2) The total window area, total openable window area and ceiling height are equal to those required for habitable rooms;

(3) The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where the window or windows face a stairwell, window well or access way. (Ord. passed 1-19-93)

§ 151.08 SAFE AND SANITARY MAINTENANCE.

(A) Exterior foundation, walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weathertight and rodent proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon. Every exterior wall shall be protected with paint or other protective

covering to prevent the entrance or penetration of moisture or the weather.

(B) Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and in good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon.

(C) Stairs, porches and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon and shall be kept in sound condition and in good repair.

(D) Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent proof and shall be kept in sound working condition and good repair.

(E) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so that it will be reasonably impervious to water and will permit such floor to be easily kept in a clean and sanitary condition.

(F) Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

(G) Drainage. Every yard shall be properly graded in order to obtain thorough drainage and to prevent the accumulation of stagnant water.

(H) Weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are detrimental to health.

(I) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Building Code. (Ord. passed 1-19-93)

§ 151.09 CONTROL OF INSECTS, RODENTS, AND INFESTATIONS.

(A) Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens and a self-closing device. Every window or other device with opening to outdoor space, used or intended to be used for ventilation, shall likewise be equipped with screens.

(B) Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or such other approved device as will effectively prevent their entrance.

(C) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units, extermination shall be the responsibility of the owner.

(D) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by this code and any other applicable ordinances of the town; and the owner, operator or agent in control of such dwelling or dwelling unit shall be responsible for the removal of rubbish.

(E) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit or an approved outside garbage can as required by this code or any other applicable ordinance of the town. (Ord. passed 1-19-93)

§ 151.10 APPLICABLE TO ROOMING HOUSES.

(A) Applications. All of the provisions of this chapter shall be applicable to rooming houses and to every person who operates a rooming house or who occupies or lets to another for occupancy and any rooming house except as provided in the following divisions of this section:

(B) Water closet, hand lavatory and bath facilities. At least one water closet, lavatory basin and bathtub or shower properly connected to an approved water and sewer system and in good working condition shall be supplied for each four rooms within a rooming house wherever these facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.

(C) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes alone by one occupant shall contain at least 70 square feet of floor area and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

(D) Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house. He shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator.

(E) Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by division (A) of this section shall be located within the rooming house and within a room or rooms, which afford privacy, are separate from the habitable rooms, are accessible from a common hall, and are accessible without going outside the rooming house or through any other room therein. (Ord. passed 1-19-93)

§ 151.11 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.

(A) Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of dwelling and premises thereof.

(B) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.

(C) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.

(D) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of the same.

(E) Care of facilities, equipment and structure. No occupant shall willfully destroy, deface, or impair any of the facilities or equipment or any part of the structure of dwelling or dwelling unit. (Ord. passed 1-19-93)

§ 151.12 POWERS AND DUTIES OF MINIMUM HOUSING CODE ENFORCEMENT OFFICER.

(A) The Minimum Housing Code Enforcement Officer is hereby designated as the officer to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed. The Officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provision of this chapter.

(B) The Officer shall have the following powers and duties:

(1) To investigate the dwelling conditions and to inspect dwellings and dwelling units located in the town in order to determine which dwellings and dwelling units are unfit for human habitation and for the purpose of carrying out the objectives of this chapter with respect to the repair, closing or demolition of such dwellings and dwelling units;

(2) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated

(3) To keep a record of the results of inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;

(4) To administer oaths and affirmations, examine witnesses and receive evidence;

(5) To enter upon premises for the purpose of making examinations inspections, provided such entries shall be made in accordance with § 151.14 and the State law, and shall be made in such manner as to cause the least possible inconvenience to the persons in possession;

(6) To appoint and fix the duties of such officers and agents and employees as he deems necessary to assist in carrying out the purposes of this chapter, and to delegate any of his functions and powers to such officers, agents and employees; and

(7) To perform such other duties as may be prescribed herein or by the Town Board of Commissioners. (Ord. passed 1-19-93)

§ 151.13 INSPECTIONS.

(A) For the purpose of making inspections, the Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, rooming house or rooming unit or the person in charge thereof shall give the Officer free access to such dwelling and its premises at all reasonable times for the purposes of such inspection, examination and survey.

(B) Every occupant of dwelling, dwelling unit, rooming house or rooming unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit and its premises at all reasonable times for the purposes of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful order pursuant to the provisions of this chapter.

(Ord. passed 1-19-93)

§ 151.14 PROCEDURE FOR ENFORCEMENT.

(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Officer by a Public Authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Officer at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The Owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Officer.

(B) Procedure after hearing.

(1) After such notice and hearing, the Officer shall state in writing his determination

whether the dwelling or dwelling unit is unfit for human habitation; and if so, whether it is deteriorated or dilapidated.

(2) If the Officer determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his finding of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter, or improve such dwelling or dwelling unit to comply with minimum standards of fitness established by this chapter within a specific period of time not to exceed 90 days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made.

(3) If the Officer determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner either to repair, alter or improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter or else to vacate and remove or demolish the game within a specified period of time not to exceed 90 days.

(C) Failure to comply with order.

(1) In Personam Remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Officer to repair, alter, or improve or to vacate and close the same within the time specified therein, the Officer shall submit to the Town Board at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing such owner to comply with the order of the Officer as authorized by G.S. § 160A-446(g).

(2) In Rem Remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the Officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) of this section, the Officer shall submit to the Town Board an ordinance ordering the Officer to cause such dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished as provided in the original order of the Officer and pending removal or demolition to placard such dwelling as provided by G.S. § 160A-443 and § 151.16 of this chapter.

(D) Appeals from Orders of Officer.

(1) An appeal from any decision or order of the Officer may be taken by any person aggrieved thereby. Any appeal shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Officer shall forthwith transmit to the Town Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Officer refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the Officer requiring the person aggrieved to do the act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Officer certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property in which case the requirement shall not be suspended except for due cause shown upon not less than one day's written notice to the Officer, by the Board, or by a court of record upon petition made pursuant to G.S. § 160A-446(f), and division (E) of this section.

(2) The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from and may make such decision or order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Officer. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance [issued pursuant to division (C)(2) of this section], to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(3) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.

(E) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Officer or a decision rendered by the Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Officer pending a final disposition of the cause as provided by G.S. § 160A-446(f). (Ord. passed 1-19-93)

§ 151.15 METHODS OF SERVICE OF COMPLAINTS AND ORDERS.

Complaints or orders issued by the Officer shall be served upon persons either personally or by registered or certified mail. If the whereabouts of such persons are unknown and the game cannot be ascertained by the Officer in the exercise of reasonable diligence, the Officer shall make an affidavit to that effect and the serving of such complaint or order upon such person may be made by publishing the same at least once no later than the time at which personal service would be required under the provisions of this chapter in a newspaper having general circulation in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. (Ord. passed 1-19-93)

§ 151.16 IN REM ACTION BY OFFICER; PLACARDING.

(A) After failure of an owner of a dwelling or dwelling unit to comply with an order of the Officer issued pursuant to the provisions of this chapter and upon adoption by the Town Board of Commissioners of an ordinance authorizing and directing him to do go, as provided by G.S. § 160A-443(5) and § 151.14(C)(2) of this chapter, the officer shall proceed to cause such dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance [issued pursuant to § 151.14(C)(2) of this chapter] of the Town Board, and shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building so posted shall constitute a misdemeanor.”

(B) Each ordinance [issued pursuant to § 151.14(C)(2) of this chapter] shall be recorded in this office of the Register of Deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index as provided by G.S. § 160A-443(5). (Ord. passed 1-19-93)

§ 151.17 COSTS; A LIEN ON PREMISES.

(A) As provided by G.S. § 160A-446(6), the cost of any repairs, alterations, or improvements, or of vacating and closing, or removal or demolition caused to be made or done by the officer pursuant to § 151.16 of this chapter, shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by G.S. Chapter 160A, Article 10.

(Ord. passed 1-19-93)

§ 151.18 ALTERNATIVE REMEDIES.

Neither this chapter nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by criminal process as authorized by G.S. § 14-4, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or

remedies provided herein or in other ordinances or laws. (Ord. passed 1-19-93)

§ 151.19 ZONING BOARD OF ADJUSTMENT TO HEAR APPEALS.

(A) All appeals which may be taken from decisions or orders of the Officer pursuant to § 151.14(D) of this chapter shall be heard and determined by the Zoning Board of Adjustment. As the appeals body, the Zoning Board shall have the power to fix the times and places of its meetings to adopt necessary rules and regulations for the proper discharge of its duties. The Zoning Board shall perform the duties prescribed by § 151.14(D) of this chapter and shall keep an accurate journal of all its proceedings.

(B) If the Zoning Board of Adjustment consists of more than five members, the Chairperson shall designate five members to hear appeals under this chapter. (Ord. passed 1-19-93)

ABANDONED STRUCTURES

§ 151.51 FINDING; INTENT OF SUBCHAPTER.

(A) It is hereby found that there exists within the town abandoned structures which the Board of Aldermen finds to be hazardous to the health, safety and welfare of the residents of the town due to:

(1) The attraction of insects or rodents;

(2) Conditions creating a fire hazard;

(3) Dangerous conditions constituting a threat to children; or

(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.

(B) Therefore, pursuant to the authority granted by G.S. § 160A-441, it is the intent of this subchapter to provide for the repair, closing, or demolition of any such abandoned structures in accordance with the same provision and procedures as are set forth in §§ 151.03 through 151.08 for the repair, closing or demolition of dwellings unfit for human habitation. (Ord. passed 11-20-01)

§ 151.52 DEFINITIONS.

The same definitions contained in § 151.02 shall apply in the interpretation and enforcement of this subchapter.

(Ord. passed 11-20-01)

Cross-reference:

Minimum housing standards, definitions, see § 151.02

§ 151.53 DUTIES OF HOUSING INSPECTOR; POLICE AND FIRE DEPARTMENT EMPLOYEES.

(A) The Housing Inspector is hereby designated as the Town Officer to enforce the provisions of this subchapter. It shall be the duty of the Housing Inspector:

(1) To locate abandoned structures within the town and determine which structures are in violation of this subchapter;

(2) To take such action pursuant to this subchapter as may be necessary to provide for the repair, closing or demolition of such structures;

(3) To keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this subchapter;

(4) To perform such other duties as may be prescribed herein or assigned to him by the Town Board.

(B) The employees of the Fire Department and the Police Department of the town shall make a report in writing to the Housing Inspector of each building or structure which they know or suspect may be in violation of this subchapter. Any such report shall be delivered to the Housing Inspector with 48 hours of the discovery of such building or structure by such employee of the Fire and Police Departments of the town.

(Ord. passed 11-20-01)

§ 151.54 POWERS OF HOUSING INSPECTOR.

The Housing Inspector is authorized to exercise such powers as may be necessary to carry out the intent and the provisions of this subchapter, including the following powers in addition to others herein granted:

(A) To investigate the condition of buildings within the town in order to determine which structures are abandoned and in violation of this subchapter;

(B) To enter upon premises for the purpose of making inspections;

(C) To administer oaths and affirmations, examine witnesses, and receive evidence; and

(D) To designate such other officers, agents, and employees of the town as he or she deems necessary to carry out the provisions of this subchapter. (Ord. passed 11-20-01)

§ 151.55 STANDARDS FOR ENFORCEMENT.

(A) Every abandoned structure within the town shall be deemed in violation of this subchapter whenever such structure constitutes a hazard to the health, safety, or welfare of the town citizens as a result of:

(1) The attraction of insects or rodents;

(2) Conditions creating a fire hazard;

(3) Dangerous conditions constituting a threat to children;

(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.

(B) In making the preliminary determination of whether or not an abandoned structure is in violation of this subchapter, the Housing Inspector may, by way of illustration and not limitation, consider the presence or absence of the following conditions:

(1) Holes or cracks in the structure's floors, walls, ceilings, or roof which might attract or admit rodents and insects, or become breeding places for rodents and insects;

(2) The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects;

(3) Violations of the state building code, the state electrical code, and the fire prevention code as adopted by the town in which constitute a fire hazard in such structure;

(4) The collection of garbage, rubbish, or combustible material which constitute a fire hazard in such structure;

(5) The use of such structure or nearby grounds or facilities by children as a play area;

(6) Violations of the state building code or §§ 151.04 through 151.09 which might result in danger to children using the structure or nearby grounds or facilities as a play area; and

(7) Repeated use of such structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking, or eating. (Ord. passed 11-20-01)



§ 151.56 PROCEDURE FOR ENFORCEMENT.

Whenever a petition is filed with the Housing Inspector by a public authority or by at least five residents of the town charging that any abandoned structure is in violation of this subchapter, or whenever the Housing Inspector determines, upon inspection, that any abandoned structure is in violation of this subchapter, he or she shall, by service of a complaint and notice of hearing, initiate the same procedure for enforcement as is contained in § 151.14 of this code of ordinances. In all relevant respects, the procedure for enforcement of this subchapter shall be identical to that contained in §§ 151.14 through 151.15. (Ord. passed 11-20-01)

Cross-reference:

Minimum housing standards; enforcement procedure, see § 151.14

§ 151.57 CONFLICT WITH OTHER PROVISIONS.

In the event any provision of this subchapter is found to be in conflict with the provision of any other ordinance of the town, the provision which establishes the higher standard or more strict requirement for the promotion and protection of the health, safety, and welfare of the residents of the town shall prevail. (Ord. passed 11-20-01)

§ 151.58 VIOLATIONS.

It shall be unlawful for the owner of any abandoned structure to fail, neglect or refuse to repair, alter or improve the same, or to vacate, close and remove or demolish the same, upon order of the Housing Inspector duly mad and served, within the time specified in such order. Each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. (Ord. passed 11-20-01) - Penalty, see § 10.99

§151.61 FINDING; INTENT OF SUBCHAPTER.

(A) Pursuant to G.S. § 160A-439, it is hereby found that there exists within the town nonresidential buildings and structures that fail to meet minimum standards of maintenance, sanitation, and safety established by the town. The Board of Aldermen finds these nonresidential buildings and structures to be hazardous to the health, safety, and welfare of the residents of the town due to:

(1) The attraction of insects or rodents;

(2) Conditions creating a fire hazard;

(3) Dangerous conditions constituting a threat to children; or

(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.

(B) Therefore, pursuant to the authority granted by G.S. § 160A-439, it is the intent of this subchapter to provide for the repair, closing, or demolition of any nonresidential buildings or structures in accordance with the same provisions and procedures as are set forth in § 151.03 through § 151.19.

(C) The duties of the housing inspector, police and fire department employees, powers of the housing inspector, and the standards for enforcement shall be as set forth in § 151.53 through §151.55. (Ord. passed 4-15-08)

§ 151.62 DEFINITIONS.

The same definitions contained in § 151.02 shall apply in the interpretation and enforcement of this subchapter. (Ord. passed 4-15-08)

§ 151.63 PROCEDURE FOR ENFORCEMENT.

Whenever a petition is filed with the Housing Inspector by a public authority or by at least five residents of the town charging that any nonresidential building or structure is in violation of this subchapter, or whenever the Housing Inspector determines, upon inspection, that any nonresidential building or structure is in violation of this subchapter, he or she shall, by service of a complaint and notice of hearing, initiate the same procedure for enforcement as is contained in § 151.14 of this code of ordinances. In all relevant respects, the procedure for enforcement of this subchapter shall be identical to that contained in § 151.14 through 151.19. (Ord. passed 4-15-08)

§ 151.64 ORDERS OF HOUSING INSPECTOR

Pursuant to G.S. 160A – 439, the Housing Inspector may order that a nonresidential building or structure found to be in violation of this ordinance be repaired, closed, demolished or removed within 90 days of the Housing Inspector’s Order as follows:

(A) An order may require the owner to repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by the town or to vacate and close the nonresidential building or structure for any use.

(B) An order may require the owner to remove or demolish the nonresidential building or structure if the cost of repair, alteration, or improvement of the building or structure would exceed fifty percent (50%) of its then current value. Notwithstanding any other provision of law, if the nonresidential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the Board of Aldermen determines, after a public hearing as provided by this ordinance, that the nonresidential building or structure is of individual significance or contributes to maintaining the character of the district, and the nonresidential building or structure has not been condemned as unsafe, the order may require that the nonresidential building or structure by vacated and closed until it is brought into compliance with the minimum standards established by the town.

(C) An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use. (Ord. passed 4-15-08)

§ 151.65 ABANDONMENT OF INTENT TO REPAIR

If the Board of Aldermen has adopted an ordinance or the housing inspector has issued an order requiring the building or structure to be repaired or vacated and closed and the building or structure has been vacated and closed for a period of two years pursuant to the ordinance or order, the Board of Aldermen may make finding that the owner has abandoned the intent and purpose to repair, alter or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health safety, and welfare of the municipality in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area. Upon such findings, the Board of Aldermen may, after the expiration of the two-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

(A) If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to fifty percent (50%) of its then current value, the ordinance shall require that the owner either repair or demolish and remove the building or structure with 90 days; or

(B) If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds fifty percent (50%) of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days.

In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before the Board of Aldermen may take action under this subsection. The ordinance shall be recorded in the office of the register of deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with the ordinance, the housing inspector shall effectuate the purpose of the ordinance. (Ord. passed 4-15-08)

§ 151.99 PENALTY.

(A) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this code or of the ordinances of the town.

(B) In all instances where a fine is specified for violation of any provisions of this code or of any ordinance of the town and such fine is not paid, the defendant may be imprisoned for not more than 30 days.

(C) In addition to all other punishment herein provided for, any person found guilty of violating any of the ordinances, or provisions thereof, of the town may be required to pay the court costs, or any portion thereof, in the discretion of the court. ('85 Code, § 10.99)

Section

The Town of Fremont adheres to the Wayne County Flood Damage Prevention Ordinance.

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126 East Main Street
P.O. Box 4
Fremont, NC 27830
Phone: 919.242.5151
Fax: 919.242.7212
Email: townhall@fremontnc.gov

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