Chapter 1

General Provisions

Sec. 1-1. How Code designated and cited.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Provisions considered as continuations of existing ordinances.
Sec. 1-4. Catchlines, history notes, references and editor's notes.
Sec. 1-5. Effect of repeal or expiration of ordinances.
Sec. 1-6. Criminal penalty; additional remedy; continuing violations.
Sec. 1-7. Severability of parts of Code.
Sec. 1-8. Amendments to Code; effect of new ordinances; amendatory language.
Sec. 1-9. Certain ordinances not affected by Code.
Sec. 1-10. Supplementation of Code.

Sec. 1-1. How Code designated and cited.

The provisions embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, Town of La Grange, North Carolina," and may be so cited.
(Code 1981, § 1-1001)

Sec. 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed unless inconsistent with the manifest intent of the board of commissioners or the context clearly requires otherwise.

Charter. The term "Charter" means the Charter of La Grange, North Carolina, as printed in part I of this volume.

Code. The word "Code" means the Code of Ordinances, Town of La Grange, North Carolina, as designated in section 1-1.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Saturday, Sunday or a legal holiday, that day shall be excluded.

County. The word "county" means the County of Lenoir, in the State of North Carolina, except as otherwise provided.

Gender. Words importing the masculine gender shall include the feminine and neuter.

G.S. The designation "G.S." appearing in the text or in state law references or other notes means and refers to the latest edition of the General Statutes of North Carolina, as amended.

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

Mayor. The word "mayor" means the mayor of the town.

Month. The word "month" means a calendar month.

Number. Words used in the singular include the plural, and words used in the plural include the singular number.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in certain cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Officers, departments and other agencies. The words "officers, departments and other agencies," mean designations of officers, departments and other agencies, respectively of the Town of La Grange, North Carolina.

Owner. The word "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of the building or land.

Person. The word "person" includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

Personal property. The words "personal property" include every species of property except real property as defined in this section.

Preceding, following. The words "preceding" and "following" mean next before and next after respectively.

Property. The word "property" includes real and personal property.

Real property. The words "real property" include lands, tenements and hereditaments.

Shall/may. The word "shall" is mandatory, and the word "may" is permissive.

Sidewalk. The word "sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription. The words "signature" or "subscription" include a mark when the person cannot write.

State. The word "state" means the State of North Carolina.

Street. The word "street" means and includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane or bridge and the approaches thereto within the town.

Tenant or occupant. The word "tenant" or "occupant" applied to a building or land includes any person who occupies the whole or a part of the building or land, whether alone or with others.

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

Town. The words "the town" mean the Town of La Grange, in Lenoir County, North Carolina, except as otherwise provided.

Town council or council. The term "town council" or "council" means the town council of the Town of La Grange, North Carolina.

Writing and written. The words "writing" and "written" include printing and any other mode of representing words and letters.

Year. The word "year" means a calendar year.
(Code 1981, § 1-1002)

Sec. 1-3. Provisions considered as continuations of existing ordinances.

The provisions appearing in this Code, so far as they are the same as ordinances adopted prior to this Code and included in this Code, shall be considered as continuations thereof and not as new enactments.
(Code 1981, § 1-1003)

Sec. 1-4. Catchlines, history notes, references and editor's notes.

(a) The boldface headings of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of these sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of these sections, including the catchlines, are amended or reenacted.

(b) The history notes appearing in parentheses after each section and the references and notes scattered throughout the Code are for the benefit of the user of the Code and shall have no legal effect.

(c) The references and editor's notes appearing throughout the Code are not intended to have any legal effect but are merely intended to assist the user of the Code.
(Code 1981, § 1-1004)

Sec. 1-5. Effect of repeal or expiration of ordinances.

(a) The repeal of an ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired.

(b) When an ordinance which repeals another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
(Code 1981, § 1-1005)

Sec. 1-6. Criminal penalty; additional remedy; continuing violations.

(a) In accordance with G.S. 160A-75, and unless this Code provides otherwise, violation of any provision of this Code or any ordinance shall be a misdemeanor as provided in G.S. 14-4, punishable upon conviction by a fine not exceeding $500.00 or by imprisonment not exceeding 30 days or by both such fine and punishment. An ordinance may provide by express statement that the maximum fine or term of imprisonment to be imposed for its violation shall be some figure or number of days less than the maximum penalties prescribed by G.S. 14-4.

(b) By express statement, an ordinance contained in this Code may provide for its enforcement by other remedies, as authorized in G.S. 160-175, including the imposition of civil fines, the ordering of appropriate equitable relief, including injunctions, or a combination of remedies.

(c) An ordinance may provide, when appropriate, that each day's continuing violation shall be a separate and distinct offense.
(Code 1981, § 1-1006)

Sec. 1-7. Severability of parts of Code.

It is hereby declared to be the intention of the town council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity 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 council without the incorporation in this Code of an unconstitutional or invalid phrase, clause, sentence, paragraph or section.
(Code 1981, § 1-1007)

Sec. 1-8. Amendments to Code; effect of new ordinances; amendatory language.

(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, such 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 subsequent ordinances until a time that this Code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the town council.

(b) Amendments to any of the provisions of this Code may be made by amending these provisions by specific reference to the section number of this Code in the following language: "That section ________ of the Code of Ordinances, Town of La Grange, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.

(c) If 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 La Grange, is hereby amended by adding a section to be numbered ________, which section reads as follows: . . . ." The new provisions shall then be set out in full as desired.
(Code 1981, § 1-1008)

Sec. 1-9. Certain ordinances not affected by Code.

(a) Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

1. Any ordinance promising or guaranteeing the payment of money of the town, or authorizing the issuance of any bonds of the town, or any evidence of the town's indebtedness.
2. Any ordinance providing for public improvements and assessments therefor.
3. Any zoning ordinance or any ordinance regulating or otherwise relating to the subdivision of land.
4. Any appropriation ordinance or ordinance providing for an annual budget or for the transfer of funds and any ordinance levying or imposing taxes.
5. Any ordinance annexing territory to the town or discontinuing territory as a part of the town.
6. Any ordinance granting any franchise, permit or other right.
7. Any ordinance approving, authorizing or otherwise relating to any contract or agreement.
8. Any ordinance setting utility rates or fees.
9. Any ordinance setting salaries for town officials or employees.
10. Any personnel ordinance.

All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

(b) Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this Code.

Sec. 1-10. Supplementation of Code.

(a) By contract or by town personnel, supplements to this Code shall be prepared on an annual basis. A supplement to the Code shall include all substantive, permanent and general parts of ordinances passed by the town council during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

1. Organize the ordinance material into appropriate subdivisions.
2. Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles.
3. Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers.
4. Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ________ to ________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code).
5. Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.