CODE OF ORDINANCES OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA

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General Ordinances of the Town

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Adopted, January 11, 1971
Effective, February 15, 1971

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Published in 1999 by Order of the Town Council

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Republished in 2004

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OFFICIALS

of the

TOWN OF CHAPEL HILL, NORTH CAROLINA

As of December 2, 2015

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Pam Hemminger
Mayor

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Jessica Anderson
Donna Bell
George Cianciolo
Sally Greene
Ed Harrison
Nancy Oates
Maria Palmer
Michael Parker
Council

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Roger L. Stancil
Town Manager

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Sabrina M. Oliver, CMC
Town Clerk

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Ralph D. Karpinos
Town Attorney

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the Town of Chapel Hill.

Source materials used in the preparation of the Code were the 1971 Code, as supplemented through Ordinance No. 96-8-26/O-7, enacted August 26, 1996, and ordinances subsequently adopted by the Town Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1971 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
RELATED LAWS	RL:1
SPECIAL ACTS	SA:1
CHARTER COMPARATIVE TABLE	CHTCT:1
RELATED LAWS COMPARATIVE TABLE	RLCT:1
SPECIAL ACTS COMPARATIVE TABLE	SACT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Index

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

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

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

Acknowledgments

This republication was under the direct supervision of John E. Dombroski, Vice-President of Production, and Kelly B. Cribbs, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

ADOPTING ORDINANCE

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

Be It Ordained by the Board of Aldermen of the Town of Chapel Hill, North Carolina:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 24, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, Town of Chapel Hill, North Carolina," and shall be treated and considered as the new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the Town Board on or before July 30, 1970, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 15th day of February, 1971, and all ordinances of a general and permanent nature of the Town of Chapel Hill enacted on final passage on or before July 30, 1970, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 15th day of February, 1971, except as hereinafter provided. No resolution of the Town, not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:

(1)

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

(2)

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

(3)

Any contract or obligation assumed by the Town;

(4)

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

(5)

Any right or franchise granted by the Town;

(6)

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

(7)

Any appropriation ordinance;

(8)

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

(9)

Any ordinance providing for local improvements and assessing taxes therefor;

(10)

Any zoning ordinance;

(11)

Any ordinance describing or extending the boundaries of the Town;

(12)

Any ordinance dedicating or accepting any subdivision plat;

(13)

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

(14)

Any ordinance providing for the levying or collection of any tax;

(15)

Any ordinance adopted pursuant to the provisions of the minimum standards housing code.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment for not exceeding thirty (30) days, as provided in Section 1-7 of such Code.

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

Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-7 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

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

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

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

Section 10. This ordinance shall become effective on the 15th day of February, 1971.

PASSED AND APPROVED this 11th day of January, 1971. ________

	HOWARD N. LEE Mayor

(SEAL)

ATTEST:

DAVID B. ROBERTS       Town Clerk