NORTH CAROLINA GENERAL ASSEMBLY
1969 SESSION
CHAPTER 36
HOUSE BILL 57
AN ACT GRANTING ORDINANCE-MAKING AUTHORITY TO COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. Section 153-9 (55) of the General Statutes of North Carolina is rewritten to read as follows:
"(55) To Adopt Ordinances for the Better Government of the County. — To adopt ordinances to prevent and abate nuisances, whether on public or private property; ordinances supervising, regulating, or suppressing or prohibiting in the interest of public morals, comfort, safety, convenience and welfare, public recreations, amusements and entertainments, and all things detrimental to the public good; and ordinances in exercise of the general police power not inconsistent with the Constitution and laws of the State or the Constitution and laws of the United States. Nothing herein shall affect the authority of local boards of health to adopt rules and regulations for the protection and promotion of public health. Nothing herein shall confer upon any county any power or authority (not now possessed by such county) relating to the regulation or control of streets and highways, or of the rights of way or rights of passage of public utilities, electric membership corporations or public agencies of the State, or of the use of or traffic upon or through such streets, highways, or rights of way or passage. Ordinances adopted pursuant to this subdivision shall apply throughout the county, except that such ordinances shall not be applicable within the corporate limits or jurisdiction of any municipality which has conducted the most recent election required by its charter or the general law, whichever is applicable, unless the governing body thereof shall, by resolution, agree to such ordinance.
Ordinances adopted pursuant to this subdivision shall be passed on two readings, both being read at regularly scheduled meetings of said Board. Following passage on first reading, the board of commissioners shall publish a notice in some newspaper published in the county, or. if none, in some newspaper having a general circulation in the county, calling a public hearing on the ordinance, stating where an official copy thereof may be inspected or obtained, the title or substance of the ordinance, and, in the discretion of the board, the full text of the ordinance. The hearing shall be held not later than 15 days following passage on first reading. Following the public hearing, but not earlier than 30 days after passage of the ordinance on first reading, the ordinance shall be read for the second time. If the ordinance shall pass its second reading, the board shall cause the full text of the ordinance to be published in some newspaper published in the county, or, if none, in some newspaper having a general circulation in the county, and the ordinance shall take effect not earlier than 20 days following this second publication, unless the board shall fix a later date.
The board of commissioners shall cause the clerk to the board to keep an ordinance book which shall be separate from the commissioners' minute book and in which shall be recorded all ordinances adopted pursuant to this subdivision together with the certificates of publication furnished pursuant to G.S. Section 1-598. No ordinance shall be effective until recorded, indexed, and published as hereinabove required, and failure to comply with these requirements shall be a defense to any criminal action under G.S. 14-4 for violation of a county ordinance.
Sec. 2. Section 14-4 of the General Statutes of North Carolina is rewritten to read as follows:
"Section 14-4. Violation of local ordinances misdemeanor. — If any person shall violate an ordinance of a county, city, or town, he shall be guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.00), or imprisoned for not more than thirty days."
Sec. 3. All laws and clauses of laws in conflict with this Act are repealed.
Sec. 4. This Act shall take effect upon its ratification.
In the General Assembly read three times and ratified, this the 6th day of March, 1969.