Town Ordinances
1. Enforcement of Ordinances
2. Ordinance to Establish Procedures of Governing Body
3. Streets and Driveways
4. Motor Vehicles and Driveways
5. Noise Ordinance
6. Nuisance Ordinance
7. Amendments
8. Animal Control Ordinance
9. Utilities Ordinance
ENFORCEMENT OF ORDINANCES
CHAPTER 1
ARTICLE I. - In General.
Section 1-1. General Penalty: Enforcement of Ordinances, Continuing Violations.
(a) Unless otherwise specifically provided, violation of any provision of this Code of Elk Park Town Ordinances shall subject the offender to a civil penalty in the amount of $100, to be recovered by the Town. Violators shall be issued written notice of the violation which must be paid within 72 hours after receipt of said notice. If the violator does not pay the penalty within 72 hours, the Town may recover such penalty, and all subsequently accruing penalties, in a civil action.
(b) Each day's continuing violation of any ordinance provision shall be a separate and distinct offense.
(c) Notwithstanding subsection (a) above, all ordinances may also be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(d) Unless otherwise specifically provided, violations of any provision of this Code of Ordinances shall not be a misdemeanor.
(e) If any section of this ordinance is held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect.
(f) In the event it is necessary for the Town to institute a civil action to collect a civil penalty for the violation of any provision of any Town Ordinance, the offender shall pay all court costs and reasonable attorney's fees incurred by the Town.
CHAPTER 2
ARTICLE 1 - Meetings.
Section 1 - Regular Meetings.
The Council shall hold a regular meeting on the first Monday of each month, unless that day is a legal holiday, in which case the meeting shall be held on the following Tuesday. If the first day of the month falls on a Tuesday, the council shall hold a regular meeting on that Tuesday. The meeting shall begin at 5:00 P.M. From April to November the meetings shall be held at 6:00 P.M. (Amended October 1, 2018)
Section 2 - Special Meetings.
(a) A special meeting is any non-emergency meeting of the Council held at any time other than that specified in Section 1.
(b) The Mayor, the Mayor Pro Tempore, or any two members of the Council may at any call a special meeting by signing a written notice stating the time and place of the meeting, and the subjects to be considered.
(c) Notice of the meeting shall be given to the Mayor and Council members as provided in this subsection. Preferably forty-eight (48) hours, but not less than six (6) hours before the meeting:
(1) Written notice shall be delivered personally to each Council member; or
(2) If notice cannot be personally delivered, notice may be left at the Council member's usual place of dwelling. In this event, the Town Clerk shall make every reasonable effort to contact the Council member by telephone.
(d) Special meetings may also be held when all Council members are present and consent thereto or when those not present have signed a written waiver of notice, provided that the notice to the media required by Subsection (E) is given.
(e) The Town Clerk shall give notice of a special meeting to the public and the media, at least forty-eight (48) hours before the meeting, by:
(1) Posting a notice of the time and place of the meeting on the Town's principal bulletin board; and
(2) Mailing or delivering notice of the meeting to each of the media who has requested it in accordance with the Open Meetings Law.
(3) Mailing or delivering notice of the meeting to any person who has filed with the clerk a written request for it in accordance with the Open Meetings Law.
(f) 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.
(g) A person or persons calling a special meeting of the Town Council shall comply with the notice requirements of Article 33C of the General Statutes, Chapter 143.
Section 3 - Emergency Meetings.
(a) An emergency meeting is a meeting of the Council called because of generally unexpected circumstances that require immediate consideration.
(b) The Mayor, the Mayor Pro Tempore, or any two members of the Council may at any time call an emergency meeting by signing a written statement stating the time and place of the meeting and the subjects to be considered.
(c) Notice of the meeting shall be given to Council members in the same manner as notice of special meetings.
(d) Emergency meetings may also be held when all Council members are present and consent thereto or when those not present have signed a written waiver of notice, provided that the notice to the media required by subsection (e) is given.
(e) The Town Clerk shall give notice of an emergency meeting to each of the media who has requested it in accordance with the Open Meetings Law. This notice shall be given by either by telephone or by the same method used to notify Council members and shall be given immediately after the notice has been given to those members.
(f) Only business connected with the emergency may be transacted at an emergency meeting.
Section 4 - Continued or Recessed Meetings.
(a) By majority vote the Council may continue or recess any regular, special or emergency meeting to any place and time specified in the motion to continue or recess the meeting.
(b) No further notice need be given of any continued or recessed session of a meeting set in accordance with subsection (a).
ARTICLE II - General Meeting Procedures
Section 1 - Agenda.
(a) Preparation. The Town Clerk shall prepare the agenda for the meeting.
(b) Requests to be Placed on Agenda. A request to have any item of business placed on the agenda must be received by the Town Clerk in sufficient time so that the agenda may be printed and distributed in accordance with subsection (e) of this section, and to this end the Clerk may establish an appropriate deadline to receive such requests.
(c) Requests to Address Council. Any individual or group that wishes to address the Council shall make a request to be on the agenda to the Town Clerk. However, the Council shall determine at the meeting whether the individual or group will be heard by the Council.
(d) Contents. The agenda shall include, for each item business placed on it, as much
background information on the subject as is available and feasible to reproduce.
(e) Inspection and Distribution. Copies of the agenda and attachments shall be available for public inspection as soon as they are completed. The Town Clerk shall mail or deliver copies of the agenda and attachments to the Council Members in sufficient time to ensure that they are received prior to the meeting. Additional copies of the agenda may be available for the press and interested members of the public.
(f) Additions. The Council may, by majority vote of the Council membership, add an item of business that is not on the agenda. Unless otherwise specified by the Council, additions to the agenda shall be taken up at the conclusion of all other regular business.
Section 2 - Order of Business.
(a) Items of business shall be taken up at a meeting in the order that they appear on the agenda, except as provided in subsection (d).
(b) Items shall be placed on the agenda according to the "Order of Business" established by the Council upon recommendation of the Town Clerk.
(c) In establishing the "Order of Business" the Council may authorize broad categories of business to be included as agenda items, such as "members of the public wishing to be heard," or
"matters by the Town Clerk" or "matters by attorney."
(d) Items may be considered out of order by consent of all members present or by majority vote upon a motion.
Section 3 - Presiding Officer.
(a) The Mayor shall preside at meetings of the Council, except as provided in subsection (c). A member must be recognized by the Mayor in order to address the Council.
(b) As presiding officer, the Mayor shall have the following powers, in addition to those conferred elsewhere in this chapter:
(1) To rule motions in or out of order, including the right to rule out of order any motion patently offered for obstructive or dilatory purposes;
(2) To determine whether a speaker has gone beyond reasonable standards of courtesy in the speaker's remarks and to entertain and rule upon objections from other members on this ground;
(3) To entertain and answer questions of parliamentary law or procedure, subject to being overruled by a two-thirds vote of the membership of the Council;
(4) To call a brief recess at any time;
(5) To recess or adjourn the meeting in the event of an emergency.
(c) If the Mayor becomes actively engaged in debate on a particular proposal, he may delegate the duty to preside over the debate to the Mayor Pro Tempore or to any other member of the Council who is not so engaged and who acquiesces in the delegation. The temporary chairman may only preside over the debate and may not participate in it; however, he does not forfeit his right to vote on the issue by acting as temporary chairman. The Mayor shall resume the duty to preside as soon as action upon the matter is concluded.
Section 4 - Quorum.
A majority of the actual membership of the Council, excluding vacant seats, shall constitute a quorum. A quorum is necessary for the Council to take any official action. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether a quorum is present.
Section 5 - Taking Official Action.
(a) The Council shall proceed by motion. A motion, when duly seconded, brings the matter before the Council for its consideration.
(b) A motion may be withdrawn by the introducer at any time prior to a vote if the member who seconded the motion concurs.
(c) Subject to Section 8 and other provisions of law, official action of the Council shall be by majority vote.
Section 6 - Debate.
Once a motion has been stated and seconded, the Mayor shall open the floor to debate upon it. The Mayor shall preside over the debate according to the following general principles:
(1) The member who makes the motion is entitled to speak first;
(2) A member who has not spoken on the issue shall be recognized before someone who has already spoken;
(3) To the extent possible, the debate shall alternate between proponents and opponents of the measure.
Section 7 - Voting.
(a) Once a member is physically present at a Council meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused from voting in accordance with Subsection (b) or has been allowed to withdraw from the meeting in accordance with Subsection (c).
(b) A member may be excused from voting on a particular issue by majority vote of the remaining members present if the matter at issue involves that member's own financial interest or official conduct.
(c) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.
(d) A motion to allow a member to be excused from voting or excused from the remainder of the meeting is only in order if made by or at the initiative of the member directly affected.
(e) A roll call vote shall be taken upon the request of any member.
(f) When this Chapter specifies that action shall be taken by majority vote or fails to specify the vote required, that shall be interpreted to mean a vote of the majority of those present and not excused from voting. When a two-thirds vote is required, that shall be interpreted to mean a vote of two-thirds of those present and not excused from voting. When a vote of a certain percentage of the Council membership is required, that shall be interpreted to mean the specified percentage of all seats on the Council, excluding vacant seats.
Section 8 - Adoption of Ordinances.
(a) An affirmative vote equal to a majority of all the members of the Council not excused from voting on the question in issue shall be required to adopt an ordinance or take any action having the effect of an ordinance.
(b) Subject to the provisions of Chapter 159 of the General Statutes (Local Government Finance), no ordinance nor any action having the effect of any ordinance may be finally adopted on the date on which it is introduced except by an affirmative vote
equal to or greater than two-thirds of the Council membership. When an ordinance requires a public hearing,
the ordinance shall be considered introduced at the meeting when the Council sets a date for the public hearing.
(c) Franchise ordinances and amendments shall not be finally adopted until passed at the regular meeting of the Council.
Section 9 - Executive Sessions.
The Council may hold executive sessions in accordance with the Open Meetings Law, Article 33C of Chapter 143, and other provisions of the law. The Council shall commence an executive session by a majority vote to do so and shall terminate an executive session in the same manner.
Section 10 - Public Hearings.
(a) Public Hearings required by law or deemed advisable by the Council shall be scheduled pursuant to a motion adopted by a majority vote setting forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time of each speaker and other matters regarding the conduct of the hearing.
(b) At the appointed time the Mayor shall call the hearing to order and then preside over it. Upon the expiration of the allotted time, or when there are no individuals who wish to speak who have not done so, the Mayor shall declare the hearing ended.
(c) A quorum of the Council shall be required at all public hearings required by State law.
Section 11 - Minutes.
Minutes shall be kept of all meetings of the Council.
ARTICLE III - Motions.
Section 1 - Substantive and Procedural Motions.
(a) A substantive motion is a motion that seeks to have the Council exercise any of its powers, duties, or responsibilities. A motion to amend a substantive motion is also a substantive motion. A substantive motion, other than to amend, is out of order while another substantive motion is pending.
(b) A procedural motion is a motion that relates either to the manner in which the Council conducts its business in general or the manner in which the Council deals with a particular substantive issue or substantive motion that is before it.
(c) Unless otherwise specifically provided, all motions authorized by this Article may be amended and debated.
Section 2 - Motion to Amend.
(a) An amendment to a motion must be germane to the subject matter of the motion, but it may achieve the opposite effect of the motion.
(b) There may be an amendment to the motion, and an amendment to the amendment,
but no further amendments.
(c) Any amendment to a proposed ordinance shall be reduced to writing upon the call of any member.
Section 3 - Motions to Dispose of Issue Without Deciding Merits.
(a) Motion to Defer Consideration Until a Date Certain. This motion requires that a date be set when without further action by the Council, a matter will again be placed on the agenda.
(b) Motion to Defer Consideration Indefinitely. Adoption of this motion removes the issue from the Council's consideration until such time as a motion to revive consideration is adopted [see section 4(a)] or a new motion dealing with the same issue is introduced and seconded [see section 5(a)].
(c) Motion to Refer to a Committee. Unless this motion includes an instruction to report the matter back by a date certain, or unless a motion is adopted under Section 4 (b), a matter referred to a committee remains there until returned to the Council by the committee.
Section 4 - Motions to Revive or Reconsider an Issue.
(a) Motion to Revive Consideration of an Issue. Adoption of this motion brings an issue back before the Council for its consideration, regardless of whether the issue had been deferred indefinitely or to a date certain.
(b) Motion to Recall an Issue from Committee. Adoption of this motion may bring a matter immediately before the Council, or the motion may direct a committee to report an issue back to Council by a date certain.
(c) Motion to Reconsider a Vote. This motion may be made only at the meeting at which the vote in question was taken and only by a member who voted with the prevailing side. If adopted, the effect is to negate the earlier vote and then bring the matter back before the Council as if the earlier vote had never taken place.
Section 5 - Reconsideration of Matters Disposed of on the Merits.
(a) Renewal of Motions. A motion that is defeated may be renewed at any subsequent meeting.
Section 6 Motion to Terminate Debate. A motion to call the previous question is a motion to cut off debate on a matter under consideration and put the mater to a vote. This motion shall be in order at any time, but unless each Council member present has had an opportunity to speak at least once on the issue, the motion requires a two-thirds vote for adoption. This motion is not debatable and may not be amended.
Section 7 - Miscellaneous Motions.
In addition to others authorized by this Article, the following motion shall be in order:
(a) Divide a complex question and consider it by paragraph.
(b) Suspend the rules. This motion shall require a two-thirds vote for adoption.
(c) Take a recess.
(d) Adjourn. This motion may not be amended.
ARTICLE IV - Miscellaneous.
Section 1 - Qualification for Office.
Upon the motion of any member, the Council shall determine the qualifications of any member. An office may be declared vacant by a majority vote for the Council membership if the member fails to meet any of the statutory or constitutional requirements of office.
Section 2 - Appointments.
The Council shall use the following procedure to appoint individuals to various subordinate boards and offices:
(a) The Mayor shall open the floor to nominations, whereupon the names of possible appointees shall be put forward by the members and debated. Upon the conclusion of the debate, the Mayor shall propose each name in alphabetical order, and the members shall cast their votes.
(b) If only an appointee is to be selected, the voting shall continue until one nominee receives a majority of the votes cast, where upon he shall be appointed.
(c) If more than one appointee is to be selected, then each member shall have as many votes as there are slots to be filled. A member must cast all of his votes, and cast them for different nominees. The nominees receiving the highest number of votes shall be appointed.
Section 3 - Reference to Robert's Rules of Order.
Robert's Rule of Order, newly revised, shall govern all procedural matters not addressed by the provisions of this chapter. However, no action taken by the Council shall be invalidated by a failure to abide by Robert's Rules of Order.
Section 4 - Vacancies.
If the number of vacancies on the Council is such that a quorum of the Council cannot be obtained, the Mayor shall appoint enough members to make a quorum, and the Council shall then proceed to fill the remaining vacancies. If the number of vacancies on the Council is such that a quorum of the Council be obtained and the office of the Mayor is vacant, the Governor may fill the vacancies upon the request of any remaining member of the Council, or upon the petition of any five registered voters of the city, appointment of the Town Council for the remainder of the unexpired term. Vacancies in appointive offices shall be filled by the same authority that makes the initial appointment.
ORDINANCE TO ESTABLISH PROCEDURES OF GOVERNING BODY
STREETS AND DRIVEWAYS ORDINANCE
CHAPTER 3
Section 1 - Definitions.
(a) Private driveway: Any means of vehicular access other than those maintained by the Town of Elk Park or the NC Department of Transportation serving only one parcel lot.
(b) Private street: Any means of vehicular access other than a private driveway or a public street, road or highway.
Section 2 - Obstructions Prohibited.
(a) Except as otherwise authorized by subsection (b) below, no person may place or leave any object within the Town's right-of -way.
(b) In the event that the terrain of property is such that building materials cannot be safely stored off the street right-of-way, the contractor may, with prior approval of the Town, store materials on the street right-of-way for a period of time not to exceed 48 hours, providing such stored materials do not interfere with, or obstruct, the normal flow of traffic.
(c) No person shall store any type of vehicle used in construction within the Town's right-of-way. Any vehicle not ordinarily used primarily as a passenger motor vehicle shall be considered a vehicle used in construction.
Section 3 - Overhanging or Protruding Trees, Shrubs, Fences, Etc.
(a) No person may cause or allow (from property under his control) any tree limb, bush, shrub, or other obstruction to overhang a public street at a distance of less than 12 feet above the traveled portion of such street or a public sidewalk at a distance of less than seven feet above such sidewalk.
(b) No person may cause or allow grass, vines, weeds, or other vegetation to grow from property under his control over, onto, or across any public street or sidewalk.
(c) Any violation of Subsection (a) or (b) is declared to be a public nuisance.
Section 4 - Driveway Connections.
(a) The objectives of this section are:
(1) To provide maximum protection and safety to the public through the orderly control of traffic entering and leaving the street.
(2) To provide for proper drainage.
(3) To provide a uniform policy throughout the Town in the design and construction of driveways.
(b) Notify Town.
(1) Any person or corporation desiring to construct a driveway or other connection within the right-of-way of a Town Street shall, before beginning any construction, inform the Town Clerk, so that the Town can see if the driveway will be properly constructed to connect with the Town Street.
Section 5 - Slippery and Dangerous Streets.
If, in the opinion of the Town Police, any street within the Town of Elk Park which, due to snow, sleet, ice or other condition, may be dangerous to the safety of any person traveling on same, the Town Police may require all vehicles that travel on said street to be a 4-wheel drive vehicle or to have chains or studded snow tires on the drive wheels of the vehicle. In cases of extreme danger, the Town Police may close the street to the traffic until the condition is abate.
Section 6 - Commercial Drives and Driveways.
In the interest of public safety, the Public Works Director may cause commercial drives and driveways which connect to the public street system to be sanded by the Town. Such work shall only be performed if requested by the property owner or agent, and at the expense of the requesting party.
Section 7 - Private Roads Restricted.
No private street or road may be constructed in such a manner as to connect with a Town Street or road or right-of-way unless the property owner or developer shall have first obtained permission from the Town. A request must be made to the Town from a party or parties to allow a private street or road to be constructed so as to connect to the Town's system provided all requirements of the Town of Elk Park and the N.C. Department of Transportation concerning roadway width, construction standards and right-of-way width are met. In the event of conflict between the Town of Elk Park and N.C. Department of Transportation requirements, the more stringent shall apply.
Section 8 - Town Acceptance.
Private roads constructed to appropriate standards may be accepted by the Town, and at the Town's sole discretion, upon written offer of dedication provided a monetary guarantee is furnished by the owner in an amount equal to 0.25 times the entire cost of installing all required improvements. This guarantee shall be in a form acceptable to the Town and shall guarantee all
improvements for a period of one year from the date of acceptance.
CHAPTER 4
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ARTICLE I. - In General
Section 2-1. Definitions and Rules of Construction.
Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.
(a) Town Clerk. The Town Clerk or his designee who are instructed to perform the function assigned by this Chapter to the Town Clerk. Whenever this ordinance authorizes or requires the Town Clerk to install a traffic control device controlling parking or regulating the movement of traffic on, to, or from a state highway system street and the installation of such a device is in practice a function of the State Department of Transportation, the Town Clerk may discharge that responsibility by requesting the State Department of Transportation to install such a device.
(b) Driver. The operator of a vehicle.
(c) Highway or street. The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The term "highway" or "street" or a combination of the two terms shall be used synonymously.
(d) Intersection. The area embraced within the prolongation of the lateral edge of roadway lines of two or more highways which join one another at an angle whether or not one such highway crosses the other.
(e) Local street. A street within the Town that is not part of the State highway system.
(f) Motor vehicle. Every vehicle that is self-propelled and every vehicle designed to run upon the streets that is pulled by a self-propelled vehicle.
(g) Operator. A person in actual physical control of a vehicle that is in motion or that has the engine running.
(h) Parking or standing. A vehicle is parked or is permitted to stand when it is stopped and allowed to remain in a fixed location for any duration of time, whether attended or unattended. Except where the context clearly indicates otherwise, the limitation on parking and standing in this chapter apply only to locations within a street right-of-way. In no case do these limitations apply when a vehicle is stopped to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device or as a result of an emergency or because the vehicle is disabled due to mechanical failure.
(i) Traffic control device. Any sign, signal, marking, or other device placed or erected pursuant to a lawful ordinance and designed to control, regulate, warn and guide traffic.
(j) 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 fixed rails or tracks, provided that for the purposes of this chapter bicycles shall be deemed
vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this chapter applicable to the driver of a vehicle except those which by their nature can have no application.
ARTICLE II - Traffic Control and Traffic Control Devices.
Section 2-2 - Stop Signs Required at Certain Intersections.
(a) The second-named street in the following list of intersections is hereby designated as a main traveled or through street, and the Town Clerk shall erect stop signs on the first street at the entrance to the main traveled or through street. The effect of such stop signs on vehicles and pedestrians shall be as provided:
1. Ice Plant Street @ Winters Street
2. Winters Street @ Highway 19-E
3. Parlier Street @ Brooks Shell Road
4. Reservoir Hill Road @ Highway 19-E
5. Chambers Street @ Winters Street
6. Chambers Street @ Brooks Shell Road
7. Ferncliff Drive @ Brooks Shell Road
8. Church Street @ Brooks Shell Road
9. Church Street @ Parlier Street
10. Cornett @ Highway 19-E
Section 2-3 - General Speed Limits.
The maximum speed limit on all streets within the boundaries of the Town of Elk Park shall be 25 miles per hour, unless otherwise posted. The speed limit on Highway 19-E from city limit to city limit is 35 miles per hour.
Section 2-4 - Speed Limits.
(a) Whenever a speed limit has been established and appropriate traffic control devices have been installed in accordance with subsection (b) of this section, no person may operate a vehicle on any street in excess of the posted speed.
(b) The following speed limits shall be applicable to the following streets as indicated and the Town Clerk shall install appropriate traffic control devices clearly indicating the established speed limit.
(1) Highway 19-E: Maximum 35 miles per hour.
(2) All other streets: Maximum 25 miles per hour.
(3) Winters Street and Parlier Street Maximum 15 miles per hour.
(c) The Town Clerk may install speed limit signs at appropriate locations, but enforcement of the provisions of this section is not dependent upon the installation of such signs.
ARTICLE IV - Licensed Vehicles and Licensed Operators.
No person may operate a vehicle within the Town of Elk Park unless the vehicle bears a license plate, and the operator has a driver's license permitting said operator to drive the licensed vehicle.
ARTICLE V - Parking.
Section 2-5 - Parking Prohibited in Certain Locations.
(a) No person may park any vehicle or permit it to stand in any of the following locations:
1. As provided in G.S. 20-162 in front of a private driveway.
2. As provided in G.S. 20-162 within 15 feet in either direction of a fire hydrant, or
the entrance to a fire station.
3. As provided in G.S. 20-162 within 15 feet of the intersection of property lines at an
intersection of streets.
4. In any portion of a street or highway intended to carry traffic.
5. On the roadside of any vehicle stopped, standing, or parked at the edge of a street
(double parking).
6. Alongside or opposite any street excavation or obstruction when such parking or standing would obstruct traffic.
7. In any parking clearly marked as reserved for the handicapped whether on public
or private property, unless the driver of, or passenger in, such vehicle is handicapped.
8. On any area of any street where "No Parking" signs have been installed.
9. Within the Town's right-of-way for a continuous period of 24 hours.
(b) The Town may install "No Parking" signs, or other traffic control devices to indicate where parking and standing is prohibited but enforcement of the provisions of this section is not dependent on the installation of such devices.
(c) All construction personnel and service employees who are engaged in performing work within the Town of Elk Park may park their vehicles on the street right-of-way only when such parked vehicles do not interfere with or obstruct the flowing of traffic.
(d) Any vehicle disabled due to mechanical failure which does not necessarily create a public safety hazard must be removed within a 24-hour period.
(e) No agent or employee of the Town, no person or occupant of the premises from which any derelict or abandoned vehicle shall be removed, nor any person or firm contracting for the removal of or disposition of any such vehicle shall be held criminally or civilly liable in any way arising out of or caused by carrying out or enforcing any provisions of this Chapter.
ARTICLE VI - Miscellaneous.
Section 2-7 - Special Provisions.
(a) No person riding a bicycle, coaster, toy vehicle, sled, skis, or similar devices may attach himself or herself or such vehicle or device to any moving motor vehicle.
(b) The driver of a bicycle or motorcycle, when upon the street, may not carry any other person upon the handlebars, the back, or any other part of a motorcycle or bicycle not designed for carrying passengers.
(c) A vehicle which is driven or moved upon a highway only for the purpose of crossing such highway from one property to another shall be exempt from the requirements of registration and certificate of title as required by State law as provided in G.S. 20-51.
ARTICLE VII - Penalties and Remedies.
Section 2-8 - Penalties and Remedies.
(a) Criminal Penalties.
(1) Any violation of the following sections shall be punishable by a fine of not
more than $50.00: Sections 2-3, 2-4, 2-5.
(2) Any violation of the following sections shall be punishable by a fine of $10.00:
Section: 2- 5, 2-7.
(b) Civil Penalties.
(1) In addition to the criminal penalties and other sanctions provided in this Chapter for violation of its provisions, any violation of this Chapter may also subject the offender to those civil penalties hereinafter enumerated. Civil penalties may be recovered by the Town in a civil action in the nature of debt or may be collected in such other amounts as prescribed herein within the prescribed time following the issuance of notice or citation for the violation.
(2) Notice to be affixed. Whenever a member of the police department of the Town or other person authorized with regulating the parking of vehicles shall find that any of those provisions are being, or have been, violated by the owner or operator of the vehicle, such officer or person shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice or citation in such form as the Town Clerk or his designee may direct.
(3) Penalty. A civil penalty of $10.00 shall be imposed for each violation of Section 2-5 in those cases in which payment is made within the prescribed 48-hour period.
(4) Additional penalty and costs. A penalty of $25.00, in addition to the one imposed for payment within 48 hours, shall apply in those cases in which the penalties prescribed in subsection (3) above have not been paid within the prescribed 48-hour period and in which a civil action shall have been instituted. In the event it is necessary for the Town to institute a civil action to collect such penalty, the violator shall be responsible for all court costs and attorney fees incurred by the Town.
(5) The penalty herein provided to be paid to and received by the Town shall in no event be construed to be an enforced imposition of fines or forfeitures, but on the other hand such amounts shall be construed to be amounts which an offender may voluntarily contribute towards the cost and expense of furnishing the public with a less expensive alternative method of regulating and administering violations which are expressly made to fall within the application of this section, and to the extent herein provided.
(6) Penalties to general fund. All penalties paid to the Town, as herein provided, shall be paid into the general fund of the Town.
(c) Towing.
(1) The Town may tow any vehicle that is parked, stopped or left standing in
violation of this Chapter. The owner of such vehicle shall pay the towing fee
and all outstanding penalties prior to the release of his/her vehicle.
(2) The owner of the vehicle, or any person entitled to claim possession of the
vehicle, may appeal the towing to the vehicle pursuant to the post-towing
procedures set forth in Article 7A of Chapter 20 of the North Carolina General Statutes. If the violator prevails in his judicial appeal of the towing, the Town shall reimburse the violator for the fees and charges which he/she was required to prepay, as well as for any court costs incurred.
ARTICLE X - Severability.
Section 2-9 - Severability.
If any section of this Ordinance is held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect.
11. Iron Street @ Highway 19-E
12. Davis Street @ Highway 19-E
13. Davis Street @ Old Highway 19-E
14. Jerry Hicks Street @ Davis Street
15. Hopson Street @ Old Highway 19-E
16. Sunset Circle @ Reservoir Hill Road
17. Joe Greene Street @ Reservoir Hill Road
18. Smith Street @ Brooks Shell Road
19. Ginnie Street @ Winters Street
MOTOR VEHICLES & TRAFFIC
CHAPTER 5
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Section 1.
It shall be unlawful for any person, firm or corporation to make, continue, or cause to be made or continued any excessive, unreasonable or unusually loud noise or any noise which annoys, disturbs, frightens, injures or endangers citizens within the corporate limits of the Town.
Section 2. - Noises Prohibited.
The following acts, among others, are declared to be loud and disturbing noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive, namely:
(a) Horns, Signaling Devices, etc. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal, so as to create any unreasonable loud or harsh sound, or the sounding of such device for an unreasonable period of time, or the use of any siren upon any vehicle, other than police, fire or other emergency vehicle or equipment.
(b) Radios, Stereo Systems, etc. The using, operating, playing, or permitting to be played, used or operated of any television set, radio receiving set, musical instrument, stereo system, or sound amplifying device or other machine or device for the producing or reproducing of sound in such a manner or with such volume as to annoy or disturb the neighboring inhabitants or any person in any dwelling, motel, hotel or other type of residence.
(c) Yelling, Shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 10:00 PM and 7:00 AM or at any time or in any place in such a manner as to annoy or disturb the neighboring inhabitants or of any persons in any office, or in any dwelling, motel, hotel or other type of residence, or of any persons in the vicinity.
(d) Animals, Birds etc. The keeping of any animal or birds which, by causing frequent or long continued noise, shall annoy or disturb any person in the vicinity.
(e) Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other noise.
(f) Loading, Unloading, Opening Boxes. The creation of a loud noise in connection with loading or unloading any vehicle or the opening and destruction of bales, crates, and containers.
(g) Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
Section 3. - Separability.
It is the intention of the Town Council of the Town of Elk Park that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and that if any provision of this ordinance is declared to be invalid, all other provisions thereof shall remain valid and enforceable.
Section 4. - Effective Date.
This ordinance shall become effective upon its adoption.
NOISE ORDINANCES
CHAPTER 6
ARTICLE I - In General Policy Statement.
(a) Burned out or incomplete structures, the uncontrolled growth of noxious weeds and grass, the accumulation of offensive animal and vegetable matter, and the accumulation of refuse cause or threaten to cause a nuisance dangerous and prejudicial to the public health or safety.
(b) It is the intention of the Town Council to preserve the natural beauty of the Town of Elk Park, free from litter, waste, noxious growth and other nuisances so as to protect property values and promote the tourist industry.
(c) The Town Council is authorized be Section 160A-174, 160A-175, 160A-192 and 160A-193 of the General Statutes of North Carolina to abate nuisances.
Section 1 - Definitions.
Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.
(1) Town Clerk. The Town Clerk or any other person designated by the Clerk to perform the functions and exercise the responsibilities assigned by this chapter to the Town Clerk.
(2) Garbage. All solid wastes capable of being rapidly decomposed by microorganisms, including but not limited to animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, as well as animal offal and carcasses, but excluding sewage and human wastes.
(3) Refuse. All solid wastes except (i) garbage and (ii) solids that are dissolved or suspended in domestic, commercial or industrial wastewater effluent.
(4) Scrap Materials. Scrap materials are
a. Pieces or fragments of metal, wood, glass, masonry, plastic, textiles, rope, leather, rubber, paper or any other substance that formerly were part of the construction of some useful object or thing or that consist of the excess resulting from the creation of some useful object or thing; or
b. Objects or things, including but not limited to, machine, tools, equipment, hardware, furniture, appliances, etcetera’s, or parts of the same that are no longer in serviceable condition or are valuable only as raw material for reprocessing; or
c. Brush. Any cut weeds, grass, brushes, trees, stumps, branches, or other plant materials, but that do not constitute solid wastes as herein defined because they are or may be useful to or wanted by or have not been discarded by the person in control of the premises where they have been located.
(5) Solid Wastes. Wastes that are nongaseous and non-liquid (except those liquid wastes resulting from the processing of food are deemed solid wastes for the purposes of this chapter).
(6) Wastes. All useless, unwanted or discarded materials resulting from domestic, industrial, commercial or community activities.
ARTICLE II - Control of Solid Wastes, Scrap Materials, Noxious Growth
Section 1 - Dumping or Littering on Private Property.
(a) No person, partnership, corporation or organization may place, discard, throw, drop or deposit or cause to be distributed, placed, discarded, thrown, dropped or deposited fliers or other types of promotional materials in such a manner that said fliers or promotional materials become scattered about private property. The person, partnership, corporation or organization that is responsible for or is benefiting from said promotion shall be in violation of this section. Each individual flier and each individual promotional material that becomes scattered about as described above shall constitute a separate violation of this section.
(NOTE: G.S. 14-134. 1 also prohibits dumping on private lands or state waters without the written consent of the owner and authorizes a maximum fine of five hundred ($500) dollars for violations.)
Section 2 - Dumping or Littering on Streets, Sidewalks and Other Public Property.
(a) No person, partnership, corporation, or organization may distribute, place, discard, throw, drop or deposit or cause to be distribute, placed, discarded, thrown, dropped or deposited any solid waste on any public street or sidewalk within the Town or on any property owned or operated by the Town, except in properly designated receptacles.
(b) No person, partnership, corporation, or organization may distribute, place, discard, throw, drop or deposit or cause to be distributed, placed, discarded, thrown, dropped or deposited any flier or other type of promotional material in such a manner that said fliers or promotional materials become scattered about any public street or sidewalk within the Town or about promotional materials become scattered about any public street or sidewalk or about any property owned or operated by the Town. The person, partnership, corporation or organization that is responsible for or is benefiting from said promotion shall be in violation of this section. Each individual flier and each individual promotional material that becomes scattered about as described above shall constitute a separate violation of this section.
(c) It shall be unlawful for any person while a driver or a passenger in a vehicle to throw or deposit litter upon any street or other public place within the Town or upon private property.
(NOTE: G.S. 14-399 also makes it a misdemeanor to place or leave any solid waste on the right of way of any public street and authorizes a maximum fine of two hundred ($200) dollars for violations.)
Section 3 - Transportation of Solid Waste Within the Town.
No person may transport or cause to be transported any solid wastes on the public streets of the Town unless the solid wastes are so secured that no solid wastes escape from the transporting vehicle. In addition, any garbage so transported shall be carried in closed containers that prevent the escape of noxious odors or liquids.
Section 4 - Accumulating of Scrap Materials.
No person may cause, suffer or permit scrap materials to accumulate or remain on premises under his control.
Section 5 - Noxious Growth.
No person may cause, suffer or permit on premises under his control any growth of weeds, grasses or other plants or bushes that becomes or threatens to become a fire hazard or a harboring place for rats, mice, snakes or other vermin or otherwise poses a danger to the public health or depreciate property values or cause loss of business by detracting from the appearance and character of residential and commercial neighborhoods.
ARTICLE III - Public Nuisances.
Section 1 - Public Nuisance Defined.
The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits of the Town is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:
(a) The uncontrolled growth of noxious weeds or grass to a height in excess of twenty-four (24) inches causing or threatening to cause a hazard detrimental to the public health or safety.
(b) Any accumulation of rubbish, trash, or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the in habitation therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(c) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(d) The open storage of any abandoned ice box, refrigerator, stove, glass, water heater, building material, building rubbish or similar items.
(e) Any condition detrimental to the public health which violates the rules and regulations of the County Health Department.
(f) Any burned out structure.
(g) Any incomplete structure on which no work has been done for a period of six (6) months.
(h) Any other condition specifically declared to be a danger to the public health, safety, and general welfare of inhabitants of the Town and a public nuisance.
(Amended August 3, 1998)
ARTICLE IV - Enforcement.
Section 1 - Investigation.
(a) The Police Officer shall have the responsibility for enforcing the provisions of the Ordinance.
(b) The Police Officer, upon notice from any person of the possible existence of any of the conditions described in Article III shall cause to be made such investigations as may be necessary to determine whether conditions exist which may constitute a public nuisance as defined in Article III.
Section 2 - Hearing.
If it appears that such conditions exist, the Police Officer shall cause to be delivered or mailed to the owner of the property upon which the conditions exist a notice stating the reasons why the conditions may constitute a violation and that a hearing will be held before the Town Clerk at a place therein fixed, not less than ten (10) nor more than thirty (30) days after the delivery or mailing of the notice. The owner or any party in interest shall have the right to file an answer to the notice and to appear in person, or otherwise, and give evidence at the hearing. 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 such hearings. (See Amendments Chapter 7)
Section 3 - Order of Abatement.
If a determination is made that such conditions constituting a public nuisance exist, the Town Clerk shall notify, in writing, the owner of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within fifteen (15) days from the receipt of such written notice.
Section 4 - Appeal.
Any decision of the Town Clerk may be appealed to the Town Council of the Town of Elk Park. Such appeal must be submitted in writing within ten (10) days after receipt of the decision of the Town Clerk. The filing of an appeal stays all enforcement proceedings until such time as the Town Council makes a final decision.
Section 5 - Removal of Nuisance:
If the owner, having been ordered to abate such a violation fails, neglects, or refuses to abate or remove the condition constituting the nuisance within 10 days from receipt of said order, shall be subject to a civil penalty in the amount of $100.00. Notice shall be given by certified mail sent to the last known address of the violator or Chief of Police. Each day that a violation continues to exist shall be considered to be a separate violation. However, if the penalty is paid within 10 days, the penalty may be reduced by 50%. The town may recover against the offender in a civil action in the nature of debt if the offender has not paid the penalty within 30 days of the time he has been cited for violation of the ordinance. (Amended August 21, 2017)
Section 6 - Cost of Removal Charged to Owner.
The actual cost incurred by the Town in removing or otherwise remedying a public nuisance shall be charged to the owner of such lot or parcel of land, and it shall be the duty of the Tax Collector to mail a statement of such charges to the owner or other person in possession of such premises with instructions that such charges are due and payable within thirty (30) days from the receipt thereof. This section applies on to the removal of nuisances which are in violation of Article III.
Section 7 - Liens.
In the event charges for the removal or abatement of a public nuisance are not paid within thirty (30) days after the receipt of a statement of charges as provided for in Section 3 of this Ordinance, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G. S. 160A-193. This section applies on to the removal of nuisances which are in violation of Article III.
Section 8 - Severability.
If any section of this ordinance is held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect.
Section 9 - Effective Date. This ordinance shall be in full force and effect from and after the date of its adoption.
Adopted this, the 7th day of November 1994
NUISANCE ORDINANCE
AMENDMENTS
CHAPTER 7
ARTICLE 1.
Amendment for Chapter 6, Article IV, Section 2 Hearing.
Motion was made to admen Article IV to state "That any person in violation shall have after delivery of complaint fifteen (15) days to correct the situation. Then the Police Officer will do another investigation and see if the Plaintiff had complied. Then, if the Plaintiff has not complied the Town Clerk will have a hearing. The Police Officer and Clerk will document all findings and procedures taking." Tommy Norman made the motion to amend the Ordinance and Frank McKinney seconded the motion. All in favor.
Meeting of August 7, 1995. Approved at regular meeting September 11, 1995.
ANIMAL CONTROL ORDINANCE
CHAPTER 8
Section 1. - Purpose.
Pursuant to the authority granted by North Carolina General Statue 160A-186, this Animal Control Ordinance is enacted to protect the public from unvaccinated, stray, roaming or dangerous dogs, and to make unlawful acts of dogs that interfere with the enjoyment of property or the peace and safety of the community.
Section 2. Definition of Terms as used in this Ordinance.
(a) "Dog" shall mean both male and female of the canine species.
(b) "Owner" shall mean any person, firm, association or corporation owning, keeping or harboring a dog.
(c) "Animal at Large" shall mean any dog off the premises of his owner and not under the immediate control of his owner or his custodian. A dog without a physical restraint (i.e. leash) that fails to immediately respond to the verbal commands of his owner or his custodian shall be deemed to be "not under immediate control."
Section 3. - Nuisances Prohibited.
It shall be unlawful for any owner to keep or harbor a dog within the corporate limits of the Town of Elk Park that is a public nuisance. Public nuisance is defined to be:
(a) Any animal found at large.
(b) Any dog that is off the premised of his owner and which chases, threatens, snaps at, or attacks a person or motor vehicle.
(c) Any dog which turns over a garbage container, or damages a garden (flower or vegetable);
(d) Any dog which excessively or continually barks while outdoors.
Section 4. - Enforcement.
(a) Any violation of Section 3 of this Ordinance shall subject the owner of the dog to a civil penalty in the amount of $100.00.
(b) In the event that a violation of Section 3 causes any type of physical injury to a person, the owner of the dog causing said injury shall be subject to a civil penalty of $500.00, plus court costs and attorney's fees, for each such violation, instead of the $100.00 penalty per violation described in subsection 4 (a) above, to be recovered by the Town.
(c) Any dog that (1) is off the premises of his owner, and (2) chases, snaps at or attacks a person, and (3) causes physical injury to a person, more than once, shall be destroyed.
(d) Notwithstanding subsections (a) through (c) above, this Ordinance may be enforced by appropriate equitable remedies issued from a court of competent jurisdiction.
(e) In the event it is necessary for the Town to institute a civil action to collect a civil penalty for a violation of any provision of this Ordinance, the offender shall pay all court costs and reasonable attorney's fees incurred by the Town.
Section 5. - Separability.
It is the intention of the Town of Elk Park that each separate provision of this Ordinance shall be deemed independent of all other provisions herein and that if any provision of this Ordinance is declared to be invalid, all other provisions thereof shall remain valid and enforceable.
WATER AND SEWER USE ORDINANCE
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