Below is the current text of the Town's general ordinances which were last revised in 1989. The Town Council is interested in hearing from the citizens of Atkinson on what changes, if any, need to be made in that ordinance. The ordinance also needs to reflect that fact that there is no longer a Board of Aldermen. In addition, the ordinance contains restrictions that are probably unknown by residents and should be looked at critically. For example, the existing general ordianances prohibit open burning of any kind; a requirement generally disregarded in Town.
Comments should be submitted to the Town Clerk. At some time in the not-to-distant future, the Council will hold a public hearing on revising this ordinance.
Below is the current text of the Town's general ordinances which were last revised in 1989. The Town Council is interested in hearing from the citizens of Atkinson on what changes, if any, need to be made in that ordinance. The ordinance also needs to reflect that fact that there is no longer a Board of Aldermen. In addition, the ordinance contains restrictions that are probably unknown by residents and should be looked at critically. For example, the existing general ordianances prohibit open burning of any kind; a requirement generally disregarded in Town.
Comments should be submitted to the Town Clerk. At some time in the not-to-distant future, the Council will hold a public hearing on revising this ordinance.
TOWN OF ATKINSON
Code of general ordinances
Town of Atkinson
Revised June, 1989
Section 1. That all of the foregoing chapters, subchapters, articles, sections, subsections, subdivisions and paragraphs, shall be and are hereby duly made, ratified and adopted as the “Code of ordinances of the Town of Atkinson, North Carolina.” And all ordinances, other franchises, specific contracts or ordinances issuing, approving, or ratifying or concerning the floating, issuing or sale of bonds for various municipal purposes, ordinances relating to the extension of corporate limits, revenue ordinances or ordinances establishing permanent street improvement districts, or concerning the extension, grade, widening, laying out, naming and/or establishing of new streets or ordinances concerning bridges, subways and under-passes, or condemnation proceedings, that are in conflict or not in conformity herewith, are amended so as to conform thereto; what is know as the Annual Revenue Ordinance is not included in this Code and no part of said Revenue Ordinance is repealed by anything in this Code; ordinances of a constructural nature now in effect, unless in conflict with, or contrary to, provisions of this code are not hereby repealed or altered; and ordinances allowing, permitting, approving or confirming sales of lands or the conveyance of land by or to the town are not hereby altered, amended, or repealed; nor shall any contract with the Government of the United States or any agencies thereto be construed to be altered, amended, or repealed; not that any agreement with the Health Department of the County of Pender, or any of the various departments thereof, including levying, or assessing of said tax be construed to be altered, amended or repealed; but all other ordinances of a penal nature if not included in said Code are hereby repealed.
Provided, however, that nothing herein contained shall be construed to extend the time in or for which any franchises, contracts or privilege was granted by the Town, not to enlarge any right given or granted in any franchises, contracts or privileges granted, or made by the Town nor to annul or abridge any right or privilege hereto given, or granted to the town.
And it is also ordained that this Code may be referred to as the “Code of the Town of Atkinson, North Carolina, 1989.” And in all judicial proceedings it shall be sufficient to plead any ordinance or section of said Code by the caption and number of the section thereof; and it shall not be necessary to plead the entire ordinance or section, and a copy of said Code, when introduced in any of the courts of the State, shall be taken as prima facie evidence of the existence of any ordinance contained therein.
Section 2. If any provisions of this Code or the application thereof to any person or circumstance is held invalid, the remainder of the Code or the application of such provisions to other persons or circumstances, shall not be affected thereby.
Section 3. This ordinance shall be in full force and effect upon its passage.
Ratified, approved and duly passed and adopted in regular meeting, duly assembled and in full force and effect this, the 18th day of October 1989.
CHAPTER AGENERAL ADMINISTRATION
CHAPTER CFIRE PROTECTION AND PREVENTION
CHAPTER DSTREETS AND SIDEWALKS
CHAPTER EPARKS AND UTILITIES
CHAPTER GHEALTH PROTECTION AND DIESE PREVENTION
CHAPTER HBUSINESS AND TRADES
CHAPTER IDISORDERLY CONDUCT AND PUBLIC NUISANCES
CHAPTER JBUILDING CODES
CHAPTER A GENERAL ADMINISTRATION
ARTICLE I: LEGISLATIVE
Section 1. Regular Meetings. The regular meetings of the Mayor and the Board of Aldermen of the Town of Atkinson shall be held on the first Thursday of each month, at seven thirty o’clock p.m., at the Town Hall unless otherwise designated by the board.
Section 2. Special Meetings. Special meeting of the Board may be held after twenty-for hours notice, upon call of the Mayor, or upon the request in writing of any two members of the Board of Aldermen. Notice of the time and purposes of said special meetings shall be posted at the Town Hall, and due notice shall be given to the mayor and Board of Aldermen of the time and purpose of such meetings.
Section 3. Quorum. A majority of the members of the Board of Aldermen shall constitute a quorum and no official business of the Town shall be transacted by the Board unless a quorum is resent.
Section 4. Minutes. It shall be the duty of the Clerk to be present at all meetings of the said Town Board, to keep in a book provided for that purpose a record of all the proceedings of the Board.
Section 5. Mayor to Preside. The Mayor shall preside at all meeting of the Board and in his absence the Mayor Pro Tempore shall preside.
Section 6. Mayor Not to Vote. The Mayor shall not vote on any question except in the case of a tie vote deadlocking a decision of the Board of Aldermen.
Section 7. Committees. The Mayor and Aldermen may create such committees of the Board for special purposes as they deem best.
ARTICLE II: ORDINANCES
Section 1. Effective Date. All ordinances shall be effective after the ratification thereof except ordinances specifying some other effective date ordinances required by state laws to be effective only after having met specific date requirements.
Section 2. Ordinance 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.
Section 3. Official Copy. A true copy of an ordinance, which has been duly enacted by the Board, signed by the Mayor, and attested to by the Clerk shall be known as an official copy of the ordinance for the Town. All ordinances or a true copy thereof shall be inserted in this Code in proper chapter.
Section 4. Ordinance Appropriating Money. No appropriation ordinance or ordinance to alter or repeal an appropriation ordinance shall be enacted at any meeting other than a regular meeting except by unanimous vote of the entire Board.
ARTICLE III: OFFICERS AND EMPLOYEES
Section 1. Office of Mayor. 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. It shall further be the duty of the Mayor to within thirty days after the close of each year require a report to the Board of Aldermen from the various departments of the Town government for previous year and recommend such adjustments as he may see fit, and the Mayor shall perform such other duties as the Board from time to time requires.
(1) The Mayor shall be the chief executive officer of the Town.(2) The Mayor shall have the authority in the event of a natural disaster, riot or other such situation considered by him to be an emergency to:(a) Declare an emergency.`(b) Regulate the movement of persons and vehicles by:1. Establishing and imposing curfew and/or2. Restricting the size and duration of public assembly within the Town limits.(C) Regulate the possession, transport and use of firearms and weapons of any type or description, including flammable devices of any kind.(d) Regulate the sale of any and all weapons, ammunition and flammable substances.(e) And to take any and all actions necessary to maintain law and order and protect the well being of the citizens of the Town.
Nothing in this subsection shall exempt the Mayor from consulting the Board of Aldermen, individual Aldermen, or responsible citizens of the Town when exercising the authority herein granted if in his judgment time will permit.
Section 2. Office of Town Clerk. The Town Clerk shall be appointed by the Board at the first meeting in December of each two-year term and shall serve at the pleasure of the Board. (1) The 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 for that purpose. The clerk shall also keep a well bound book to be styled the Code of Ordinances, in which he shall fairly and correctly transcribe all ordinances which are enacted by the Board of Aldermen. (2) It shall be the duty of the Clerk to keep true, accurate and just records of the dealings and transactions of the Town.(3) The clerk shall keep or cause to be kept in a safe place all records, documents, and accounts.(4) The Clerk shall perform such other duties as the Board may from time to time require.
Section 3. Budget Officer. The Budget Officer shall be appointed at the first meeting in each two-year term to serve during the duration of the two-year term and serve at the pleasure of the Board.(1) It shall be the duty of the Budget Officer to receive all budget requests and revenue estimates for the coming fiscal year and prepare a budget in form or detail set by him or the Board of Aldermen in accordance with the laws of North Carolina. (2) The Budget Officer shall supervise or perform all functions inherent in the budget process including drafting a Budget Appropriation Ordinance and Amendments.
Section 4. Finance Officer. The Finance Officer shall be appointed by the Board at the first meeting in December of each two-year term to serve the duration of the two-year term and shall serve at the pleasure of the Board.(1) it shall be the duty of the Finance Officer to maintain an accounting system designed to show in detail the:(a) amount of estimated revenue in each fund from each source of revenue specified in the Budget Ordinance,(b) amount of revenue collected and the uncollected balance,© amount appropriated,(d) expenditures charged against each appropriation,(e) encumbrances outstanding against each appropriation,(f) unencumbered balance of each appropriation,(g) resources and liabilities.(2) The Finance Officer shall disburse funds for the various purposes of the Town only when a appropriation for such purposes has been made in the annual budget and disbursement is authorized by the Board of Aldermen.(3) the Finance Officer shall keep or cause to be kept in a safe place all monies, records, and accounts. (4) The Finance Officer shall perform the Duties of Town Purchasing Agent.(5) The Finance Officer shall perform such other duties as the Board may from time to time require.
ARTICLE IV: BUDGET AND FISCAN CONTROL
Section 1. Annual Balanced Budget Ordinances. The Town Government shall operate under an annual balanced budget ordinance covering a fiscal year beginning July 1 and ending June 30.
Section 2. Disbursement of Funds. No money shall be disbursed from the Town treasury except on the order of the Board in session and then only if the item for which the disbursement is made has been provided for in the annual budget except in the case of an extreme emergency.
Section 3. Purchasing.(1) Before any order is given for items to be paid by the Town or any purchase made by and Town employee, a purchasing order must first obtained from the Town Purchasing Agent.(2) Any Town employee purchasing goods without a purchasing order from the Town Purchasing Agent will be held responsible for the cost of the same.
ARTICLE V: ELECTIONS
Section 1. A Board of Elections shall be appointed by the Board of Aldermen to serve and conduct all elections, as might be permitted by law, for the Town of Atkinson in accordance with the elections laws of the State of North Carolina, and the Town Charter.
Section 2. Elections shall be non-partisan, and decided by a simple plurality.
Section 3. Registration of voters and preparations of registration books shall be conducted using Method “C” as specified in the election laws of the State of North Carolina (GS 163-288 ( C) (3)).
Section 4. Successful candidates for office shall take office in the month of December immediately after certification of the election by the Municipal Board of Elections.
CHAPTER B: POLICE
Section 1. 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.
Section 2. Mayor to Have Control. The Mayor shall have general supervision over the Police Department. The Mayor may suspend, for cause, any member of the Police Department until the next regular meeting of the Board of Aldermen at which time final disposition shall be made by the Board of Aldermen.
Section 3. Uniforms. All police officers shall wear uniforms as shall be approved by the Town and shall keep such uniforms in a neat and clean conditions, and shall surrender all uniforms and equipment upon leaving the police service of the Town if such uniforms and equipment were furnished by the Town. Section 4. Duties of the Police. The Police Department shall carry out all orders of the Board, enforce all laws and ordinances of the Town and State of North Carolina, and shall at all times preserve the peace, protect the property and safety of the citizens of Atkinson.
Section 5. Chief of Police. 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 such reports that the Board may from time to time require, and he shall perform such other duties as may be required of him by the Board.
Section 6. Extra Territorial Jurisdiction of Police. In addition to their authority within the corporate limits, Town policemen shall have all powers invested in law enforcement officers by statute or common law within one mile of the corporate limits of the Town of Atkinson, and on all property owned or leased to the Town wherever located.
Section 7. Grievance and Adverse Action - Definitions. A grievance shall consist of a claim or complaint based upon an event or events pertaining to an employee’s employment with the Town of Atkinson. A grievance can involve safety or health hazards, employment conditions, facilities, or equipment, unjust treatment by supervisor or fellow workers, unreasonable request relating to conditions of employment.
An adverse action is a demotion, layoff, reduction in pay, dismissal, or undesirable transfer or suspension.
Section 8. Grievance Procedure and Adverse Action Appeal - Policy. In order to maintain a harmonious and cooperative relationship between the Town and its employees, it is the policy of the Town to provide for the settlement of problems and differences through an orderly grievance procedure. Every permanent employee shall have the right to present his problem, grievance or adverse action appeal in accordance with the established policy free from interference, coercion, restraint, discrimination or reprisal.
It is the responsibility of all department heads and the Town Board to consider and take appropriate action promptly and fairly on a grievance or adverse action appeal of any employee.
In adopting this policy, the Town sets forth the following objectives to be attained in this program:(1) Assure employees of a way in which they can get their problems or complaints considered rapidly, fairly, and without fear of reprisal.(2) Encourage the employee to express himself about how the conditions of work affect his as an employee.(3) Get better employee understanding of policies, practices, and procedures which affect them.(4) Provide employees with assurance that actions are taken in accordance with policies. (5) To assure employees how policies are carried out by department heads.(6) Give department heads a greater sense of responsibility in their dealings with employees.
Section 9. Grievance and Adverse Action Appeal Procedure - non-discrimination. Any permanent Town employee having a problem or grievance arising out of or due to his employment and who does not allege discrimination because of his age, sex, race, color, national origin, religion, creed, physical disability or political affiliation shall first discuss his problem or grievance with his department head (or if the employee is a department head with the Town Board) and follow the grievance and adverse action appeal procedure established by the Town.(1) Step One. The employee with a grievance or adverse action appeal shall present the matter orally or in writing to his department head (or if the employee is a department head with the Town Board) within thirty (30) working days of the time the employee learns of its occurrence, with the objective of resolving the matter informally. If the exact date cannot be established for the occurrence of a grievance circumstance, the thirty (30) working day limit will be waived, but the employee should file the grievance within a reasonable time period. The department head (or Town Board) should be and is encouraged to consult with any employee or officer deemed necessary to reach a correct, impartial, and equitable determination and shall give the employee an answer as soon as possible, but within five (5) working days. (2) Step Two. If the decision is not satisfactory to the employee in Step 1, or if he fails to receive an answer within the designated period in Step 1, he may file the grievance in writing within ten (1) working days with the department head (or Town board if the employee is a department head), who shall hear the grievance and render a decision in writing within a maximum of ten (10) working days.(3) Step Three - Adverse Action. In an adverse action case (demotion, layoff, reduction in pay, dismissal, or an undesirable transfer or suspension), the employee may either appeal to the department head (or if the employee is a department head to the Town Board).The department head (or Town Board) shall hear the adverse action appeal and render a decision in writing within five (5) working days. The decision shall be reported to the employee within five (5) working days.
Section 10. Grievance and Adverse Action Appeal Procedure - Discrimination. Any applicant for Town employment, Town employee, or former Town employee who has reason to believe that employment, promotion, training, or transfer was denied him or that demotion, layoff, or termination of employment was forced upon him because of his age, sex, race, color, national origin, religion, creed, political affiliation, or physical disability except where specific age, sex or physical requirement constitute a bona fide occupational qualification necessary to proper and efficient administration, shall have the right to appeal directly to the Town Board. A permanent Town employee has the right to appeal using the grievance procedure outlined in Section 9 of this article if he so desires. An employee or applicant must appeal an alleged act of discrimination within thirty (30) days of the alleged discriminatory act. This procedure shall also apply to grievances involving the availability of services, programs and benefits to handicapped persons.
Section 11. Back Pay Awards. Back pay and benefits may be awarded to reinstated employees in suspension, demotion, a dismissal, and discriminatory cases.
Section 12. Use of Non-Deadly Force. Statement of the law, of Non-Deadly Force (NCGS 15A-401):(1) Officers are justified in using non-deadly force against another person when and to the extent that is reasonably necessary.(a) Non-deadly force is justified to prevent the escape from custody or to effect the arrest of a person who the officer reasonably believes has committed a criminal offense.(b) ;Officers may use non-deadly force to defend themselves or a third person from what they reasonably believe to be the use or imminent use of non-deadly physical force while preventing or attempting to prevent an escape. (2) when making a lawful arrest, an officer may use that amount of non-deadly force reasonably necessary to overcome resistance, but no more than that. Force shall be any degree beyond mere restraint, including use of chemical mace. The use of physical force shall be restricted to that amount of force which is reasonable and necessary to effect a lawful arrest or in the defense of self or others. (a) Recognizing that it is in our legal and moral obligation to use force wisely and judiciously, it is the policy of the Police Department that force shall never be resorted to until every other reasonable means of apprehension or defense has been exhausted. This requires that deadly force only be used as a last resort, after all methods, including verbal requests and the use of less than deadly force, have been tried and not succeeded. An officer is required to use reasonable alternatives, if such are available.(b) As used in this policy, deadly force refers to the use of firearms or any other instrument capable of causing death or serious injury, or which creates some specified degree of risk that a reasonable and prudent person would consider likely to cause death or serious injury. Besides firearms, many items, such as flashlight, blackjacks, nightsticks, and other instruments are considered lethal weapons when they are used in a lethal manner.( c) Deadly force may be used under the following circumstances:1. As a last resort in the defense of oneself, when there is reasonable cause to believe that one is in imminent danger of death or great bodily harm. 2. As a last resort in the defense of another person, or persons, whom the officer has reasonable cause to believe is being unlawfully attacked and is in imminent danger of death or great bodily harm.3. Deadly force may be used, after all other means of capture are exhausted, to effect the arrest or prevent the escape of a suspect whom the officer has reasonable cause to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force, and the officer reasonably believes the suspect cannot be apprehended later without the use of deadly force.
Section 13. Vehicle Pursuit. This department’s general policy is that pursuits should be discouraged. However, when necessary, such pursuits may be undertaken, but with due exercise of care to lessen the danger to the public, property, and to the officers’ welfare. All police vehicles engaged in a pursuit will use their blue lights and siren. Headlight lamps will be on. If at any time an officer determines that his/her vehicle is mechanically unsafe to commence or continue a pursuit run, the officer will immediately terminate the chase. Communications must be immediately notified of the terminated chase.(1) an officer will notify the Telecommunication of the situation and also that a pursuit has commenced. The Telecommunication will be given the following information:(a) Vehicle make, year, color, model and license,(b) Direction of travel and cross streets as the pursuit progresses,( c) Why the vehicle and/or suspects is wanted.(2) All mobile and base radios will reduce traffic to only emergency needs during the pursuit.(3) Generally, it is in the best interest of the public not to create a high degree of hazard within the town limits my minor crime vehicle pursuits.(4) Police vehicles are not to be used as a barricade or road block, nor is this department to ask another agency to establish a roadblock for misdemeanor charges. However with felony charges, the suspect vehicle may e forced off the roadway by use of a police vehicle, when it is deemed necessary as a last resort. This is to be accomplished with the least amount of danger to officers and innocent persons, and with due regard to police property and to public property.
CHAPTER C -- FIRE PROTECTION AND PREVENTION
ARTICLE I: FIRE DEPATMENT
Section 1. Organization. The Fire Department shall consist of the chief of the Fire Department and a sufficient number of firemen (voluntary, part of full time) to maintain and operate the department. The Board of Aldermen shall appoint the Chief and Assistant Chief after their election by the membership of the department. The department shall from time to time adopt its own rules and regulations governing the fire Department consistent with the Pender County fire commission, the North Carolina state Department of Insurance, and the North Carolina Fire Insurance rating Bureau rules and regulations.
Section 2. Duties of Chief. The duties of the chief, subject to supervision by the Board of Aldermen, shall be as follows:(1) general control of the department, their personnel, apparatus, and fire alarm systems.(2) 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. (3) He shall inspect or cause to be inspected all trucks and other equipment of the Fire Department each and every week to ascertain that such equipment of the Fire Department is being kept in proper condition. He shall report annually by the end of each fiscal year to the Board of aldermen the condition of all equipment. (4) He shall inspect or cause to be inspected all fire hydrants and fire alarm systems at least every three months and shall make a report of such inspection to the Board of Aldermen.(5) Fire Inspector:(a) the 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 purposes of inspection.(b) Routine Inspections. He shall have authority to make inspections of all structures located within the Town fire district.( c) Inspections Upon Compliant. He shall, upon receipt of a complaint, forthwith investigate.(d) He shall investigate the causes of fires and shall deep records of his findings as to origin, location, owner, extent of damage, injury, and amount of insurance carried. The findings may be provided to appropriate regulatory agency requesting such report at time of request as needed. (e) He shall cause the removal of fire hazards, except buildings, by serving proper order to owner or agent of premises in question, such order to state a reasonable time limit. Failure to comply with such order shall be considered a misdemeanor. Section 3. General Authority.(1) The officer in command shall have authority to summon aid and no citizen so summoned may refuse to help in extinguishing the fire or in protecting exposed property.(2) 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.(3) 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. (4) In the event of a alarm of fire the apparatus of the Fire Department responding to it shall have access in and upon all streets, lanes, alleys, and other public ways.(5) 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 such apparatus has passed.
Section 4. Following Fire Equipment. It shall be unlawful to follow any fire apparatus which is responding to a call, by automobile or any other vehicle, unless such is used for transporting firemen to the scene of fire, at a distance closer than one city block, or to pass such apparatus or to ark within the same block in which fire is in progress.
Section 5. Interfering with Firemen or fire Apparatus. No person shall interfere with a fireman in the discharge of his duty, or hinder him in the performance of said duty; nor shall any person other than members of the Fire Department loiter about any fire station, or change, handle, or meddle in any manner with any fire engine or any other fire apparatus.
Section 6. Only Firemen and Policemen May Ride On Trucks Without Permission. No person other than a bona fide member of the Fire Department shall mount any fire engine, wagon or apparatus before it leaves the station or while on its way to or from a fire, or at any other time, unless by the permission of the driver or officer in command of such engine, wagon or other fire apparatus.
Section 7. Interfering with Fire Alarm Apparatus. No person shall interfere carelessly or willfully with the fire alarm system or injure the poles, wires, boxes or other apparatus connected therewith.
Section 8. Giving False Alarm of Fire Forbidden. No person shall give or cause to be given any false alarm of fire by means of the fire alarm system or otherwise.
Section 9. Protection of Fire Hose. It shall be unlawful for any person, firm, or corporation to drive over, or in any way damage or mutilate any fire hose while in use at a fire or otherwise.
ARTICLE II - - FIRE HAZARDS
Section 1. Burning Trash Within Town Prohibited. No person shall burn or cause to be burned any trash, refuse, shavings, paper, leaves, litter or other combustible material of any kind outside any house, or any street, sidewalk, alley, or yard within the limits of the Town, except as noted in Section 2.
Section 2. Permissible Open Burning. Fires may be set within the Town limits for the following purposes:(1) To agricultural lands for disease and pest control and other accepted agricultural or wildlife management practices.(2) To forest lands for accepted forest management practices.(3) For right-of-way clearance and maintenance.(4) Camp fires and fires used solely for outdoor cooking and other recreational purposes or ceremonial occasions.
Nothing in this section shall exempt or excuse a person from the consequences, damages or injuries which may result from such burning.
Section 3. Permit Required for Bonfire. No person shall kindle or maintain any bonfire, or shall knowingly furnish the material for such fire, or authorize any such fire to be kindled or maintained on or in any street, avenue, road or lane or public ground or upon any private lot within the limits of the Town unless a written permit to do so shall have at first been secured from the Chief of the Fire Department. Nothing in this Section shall be construed to prohibit permissible open burning, without a permit, when such burning is done in conformity with the provisions of Section 2 of this Article.
Section 4. Encumbrances Before or On Fire Exits. No person shall at any time place any encumbrance of any kind whatsoever before or upon any fire escape balcony or ladder intended as a means of escape from fire. It shall be the duty of every member of the Police and fire department who shall discover any fire escape encumbered in any manner to forthwith report the same through his department channels to the Chief of the Fire Department, who shall immediately notify the owner, or owners, their agent, or agents, tenant, or tenants, to remove such encumbrance and encumbrance shall thereupon be immediately removed.
Section 5. Exit Signs in Theaters and Motion Picture Establishments. Every exit in any theater or motion picture establishment shall be plainly indicated by a sign bearing the word “Exit,” which sigh shall be kept lighted throughout each performance.
Section 6. Passageways in Places of Public Assemblages to be Kept Open. Exit Doors Not to be Fastened. All doors, aisles and passageways within and leading into or out of the theaters, churches and all other places of public assemblage, shall, during the entire time which any show, performance, service, exhibition, lecture, concert, ball or other assemblage may be held therein, be kept adequately lighted and free from easels, signs, standards, campstools, chairs, sofas, benches, and any other article or articles that might obstruct or delay the exit of the audience, congregation or assemblage; and doors of such building while occupied shall not be fastened so that they cannot easily be opened by anyone within. No person shall sit or stand or remain seated or standing, nor shall the owner or operator of such place of pubic assemblage in any aisle under any circumstances or in any exit, or passage required for the safe exit of the assemblage. Clear passage from all exits and on outside sidewalks of all theaters and other places of public assemblage shall be maintained at all times. No aisle, passageway or stairway in any store shall be obstructed with tables, show cases or other obstruction during the hours such store is open to the public.
Section 7. Lots Kept Free From Fire Hazards. It shall be unlawful for any person to permit or suffer rubbish, refuse or articles of combustible or inflammable nature to accumulate or remain on any lot or premises. Fire hazards permitted to remain after reasonable notice has been given in writing by the Fire Inspector shall be removed by the Town, and the owned or the lessees of the lot or premises shall be responsible for the cost thereof. The rate of charge for said removal shall be set by the Town Board and shall be on file with the Town Clerk. The Town Clerk shall present a bill for said removal on the first of the month following said removal. Failure to pay said bill within thirty days of its presentation shall result in a lien upon the lot or premises for the amount due, plus ¾ of one percent interest each month or fraction thereof, thereafter until paid.
Section 8. Certain Fires to be Guarded by Watchman. All persons, firms, or corporations who shall burn any tar kiln or pit or charcoal, or set fire to or burn any brush, grass or other material, whereby any property may be endangered or destroyed, shall keep and maintain a careful and competent watchman in charge of such kiln, pit, brush, or other material while burning. Fire escaping from such kiln, pit, brush, or other material while burning shall be prima facie evidence of neglect of these provisions.
ARTICLE III -- FIRE DISTRICTS
Section 1. Description. The fire district of the Atkinson Fire Department coincides with the geographical limits of the Town of Atkinson and rural areas as set by Pender County Fire Commission and Pender County Board of Commissioners.
Section 2. Regulations Within Fire District. No construction or alterations of any kind or description shall be made in the geographical limits of the Town of Atkinson without being in compliance with Town ordinances and without a building permit from the Pender County Building Inspector.
CHAPTER D -- STREETS AND SIDEWALKS
ARTICLE I -- DAMAGING STREETS AND SIDEWALKS
Section 1. Permit to Dig in Streets. It shall be unlawful for any person, firm, or corporation to dig any hole, ditch or excavation of any kind whatsoever, on any street in the Town of Atkinson without first securing a permit therefore in writing from the Town Clerk.
Section 2. Sidewalk Construction. No sidewalk of any description shall be built by any individual, firm or corporation, of any brick, wood, or other material without a written permit from the Town of Atkinson.
Section 3. Street Repair. It shall be the duty of every person, firm or corporation, who shall open or dig a ditch, trench or hole in any street, public alley or sidewalk of the Town, to put the said street, public alley or sidewalk in as good condition in all respects as it was before, and every person, firm or corporation violating or failing to observe the provisions of this Section shall be guilty of a misdemeanor.
Section 4. Excavations--Leaving Unprotected. It shall be unlawful for any person, firm or corporation making any excavation for any purpose whatsoever in any of the streets or sidewalks to fail to securely cover such excavations with plank or place ropes around the same three feet from the ground or shall fail to place a sufficient number of warning lights around such excavation before dark and to keep such light burning all night every night such excavation shall be open.
Section 4. Streets Not to be Damaged. It shall be unlawful for any person, firm or corporation to drag, or run, or cause to dragged or run any harrow or other implement, engine, machine or tool upon any asphalt, batholitic, concrete, or other permanently paved street in the Town which shall be liable, in any way, to injure or cut the surface thereof. It shall also be unlawful to injure any dirt street in the same manner.
Section 6. House Moving. No person shall move any house or building upon or across the public streets or sidewalks without written consent of the Board of Aldermen and the deposit of a good and sufficient bond to cover damage done to such street or sidewalk or to any property of any person.Section 7. Damage to Bridges and Culverts. No person shall injure or misplace any part of any bridge or culvert, ditch or drain or other property belonging to or used by the Town, or shall place any obstruction in any culvert, ditch, or drain, to prevent the free flow of water on or over the streets of the Town.
Section 8. Damage to Lights and Signs. No person shall injure, tamper with, remove or paint upon or deface any sign, sign post, street light, traffic signal or bulletin board or other municipal property upon the streets and sidewalks except employees of the Town in the performance of their duties.
Section 9. Truck Traffic on Local Streets. Any trucks having more than two axles and loaded are not permitted on any Town street. Loaded to mean any truck with more than two axles loaded with any material which would increase the weight of the truck above its normal weight when empty.
ARTICLE II--OBSTRUCTING STREETS AND SIDEWALKS
Section 1. Assembly on Sidewalk. All persons are forbidden from assembling or collecting and standing so as to obstruct any sidewalk or street and all persons so collecting and standing shall disperse and move upon the demand of any police officer.
Section 2. Display of Goods Prohibited. No person shall place for display or sale any goods, ware or merchandise of any kind upon any of the sidewalks of the Town, which shall extend out on the sidewalks.
Section 3. Placing Objects on Streets and Sidewalks. No brick, stone or wood or other substances obstructing the free passage of persons and vehicles shall be placed or suffered to lie in any of the alley ways, streets and other routes of the Town, nor shall any person place on or in any of the streets, sidewalks, or alley ways of the Town any boxes, crates, casks, or barrels of any description, or any other obstruction of any kind. Provided that any person erecting a building may with permission place building material for immediate use on the street in such a way as to not interfere with the usual traffic.
Section 4. Construction Near Sidewalk. Before building or remodeling at any place where the same is in close proximity to the sidewalk, a passage way shall be constructed so as to leave the sidewalk unobstructed and provide safe and easy passage.
Section 5. Sheds and Awnings. No person shall erect upon any street or sidewalk any post for support of any shed or awning. Provided that this shall not be construed to prevent the erection over the sidewalk of awnings supported upon frames firmly suspended from the building and at least seven feet above the level of the sidewalk and shall not extend over the street or road right-of-way. If any person shall violate this Section then each day that the violation continues after notice has been given shall constitute a separate violation.
ARTICLE III--USE AND CLEANLINESS
Section 1. Throwing or Burning Trash on Street Prohibited. No paper, straw, lemon peel, banana peel, watermelon rind or any trash shall be thrown or swept upon any sidewalk or street of the Town, nor shall any trash, refuse, or rubbish be burned thereon.
Section 2. Tree Trimmings. It shall be unlawful for any person to place or allow to be placed any tree trimmings or shrubbery on any street or sidewalk.
Section 3. Snow and Ice Removal. Every occupant of a store building in front of which the sidewalk is paved with stone, brick, asphalt or cement, shall remove snow, ice and other obstructions from such sidewalk at the earliest possible time and as soon as the weather permits.
Section 4. Bicycle and/or Go Cart on Sidewalk Prohibited. It shall be unlawful for any person to ride a bicycle and/or go cart on any sidewalk in the Town. Applicable to business districts only.
Section 5. Playing Ball on Streets Prohibited. No person shall play ball on any of the streets of the Town.
CHAPTER E - - PARKS UTILITIES
ARTICLE I - - WATER AND SEWER
Section 1. Board to Regulate. The Board shall prescribe and enforce all the rules and regulations governing public and private water and sewer disposal systems in the Town.
Section 2. Sewer Disposal System Required. An approved sewer disposal system as herein used shall mean sewer disposal systems shall meet all requirements of the Pender County Health Department.
Improved property as herein used shall mean any real property within the Corporate limits of the Town of Atkinson, N.C., in and/or upon which bathroom facilities or any operation which would require run-off into sewer systems exists. All residences within the Corporate limits in the Town of Atkinson, N.C., shall be equipped with electric lights, running water and an approved sewer system.
(1) No outdoor privies may be hereafter constructed and the Board of Aldermen or the County Health Officer may require and enforce immediate abandonment of such a privy.
(2) No person shall maintain or use a residence location that is not provided with septic tanks approved by the Pender County Health Department or with sanitary privy which complies in construction and maintenance with the requirements of the Pender County Health Department or a Municipal Sewage System.
Section 4. Private Water Supply Regulated.
(1) It shall be unlawful for any person, firm or corporation to furnish, supply, or provide, for gain or profit, any water from a private well or pumps in or to any dwelling house, boarding house, inn, hotel, café or other commercial establishment, or any room or rooms of the same, when said dwelling house or any room or rooms therein are rented, or offered for rent to the public or when said boarding house, inn, hotel, café, or other commercial establishment is open to, or used by the public unless and until an analysis of the water from such private well or pump shall have first been submitted to the County Health Department for review and approval. The Town Clerk of Atkinson shall be notified in writing of such approval by the County Health Department prior to supplying of such water to others.
(2) The water analysis referred to in subsection (1) hereof shall be made by or under the direction of the County Board of Health or the Health Department of the State of North Carolina.
(3) If said water analysis bears the approval of either of the authorities referred to in subsection (2) hereof, the Town Clerk shall approve the same by endorsing thereon the word “approved” and affixing thereto his/her signature as Town Clerk. If, however, the said analysis shows that the said water is contaminated and unfit for human consumption, the Town Clerk shall not approve said analysis, but shall deliver said analysis to the Mayor and Board of Aldermen of the Town of Atkinson, which said Board may disapprove said analysis and return the same to its owner.
Section 1. Parks and Recreation Area Use. The Town shall have the authority to grant permission for use of the park(s) and authority to set fees from time to time and rules and regulations for use of the park(s). Violation of any rule and regulation established by the Town hereunder shall constitute a violation of this ordinance and shall be enforceable in the same as any other violation of this ordinance as herein provided.
CHAPTER G--HEALTH PROTECTION AND DISEASE PREVENTION
ARTICLE I--GENERAL REGULATIONS
Section 1. Enforcement of this Chapter Under Supervision of County Health Director. The enforcement of this chapter shall be under the supervision of the County Health Department.
Section 2. Hindrance of Health Director or Agents. It shall be unlawful for any person to hinder, obstruct or delay the Health Director of any of his Agents in the lawful discharge of their duties.
Section 3. Right to Enter. The Health Director or any of his Agents shall have the right to enter at any reasonable time any premises for the purpose of making the inspections or investigations as required by this chapter.
Section 4. Maintenance of Property.
(1) Owners or Occupants of Premises Required to Keep the Same Clean. Every person owning or occupying any premises in the corporate limits shall keep the premises free from noxious weeds, trash, and all other forms of animal or vegetable refuse which may be dangerous or prejudicial to the public health, or which may constitute a public nuisance. No owner or occupant of any premises shall bury therein any animal or vegetable matter which, upon decaying, may become dangerous or prejudicial to the public health, or may constitute a nuisance.
(2) Persons Violating Section to be Notified. If any person shall violate the provisions of the preceding subsection, it shall be the duty of the Chief of Police or the Sanitary Inspector or his associates to give notice to the owner or person in possession of such premises that within 15 days, or sooner from the date of such notice, all weeds, trash and other offensive animal or vegetable matter, be removed from said lot. Should any owner or occupant fail to comply with notice, the said Chief of Police or Sanitary Inspector shall proceed to have it removed, and such owner or occupant shall be responsible to the Town of Atkinson for the cost thereof.
(3) Brush and Weeds--Time for Cutting. Every owner or person in possession of a vacant lot within the corporate limits shall shrub down, within four inches of the ground, all weeds, brush, or other noxious growth from said lot at least twice each year: the first not later than June 15, and the second not later than August 15 of each and every year. If said weeds or other noxious growth are not cut in compliance with this article, the Chief of Police or Sanitary Inspector shall proceed to have said weeds or other noxious growth cut, and the owner or the person in possession of such lot shall be responsible to the Town of Atkinson for the cost thereof.
(4) Cost Schedule of Charges and Payments. The rate of charge for said removal and cutting shall be set by the board of Aldermen and shall be on file with the Town Clerk. The Town Clerk shall present a bill to the owner or person in possession of said lot or premises for said removal or cutting on the first day of the month following the said removal or cutting. Failure to pay said charges within thirty days shall result in a lien upon the lot or premises for the amount due plus 1.5 percent interest for each month or fraction thereof, until paid.
Section 5. Human Waste. No person shall urinate or deposit any human waste of any kind on the street, lot or premises except in approved sanitary facilities.
Section 6. Stagnant Water. No person or occupant of any property shall allow stagnant water to accumulate or remain in cellars or anywhere on their property.
Section 7. Sale of Food - - Eating Establishments. All persons, firms, or corporations selling food of any kind or serving prepared meals shall comply with all requirements pertaining thereto of the North Carolina State Board of Health.
Section 8. Debris from New Construction. All refuse, lumber, and debris remaining both as a result of the repair of any buildings or on the erection and completion of any new buildings, shall be removed by the property owner within ten (10) days from the completion of the aforesaid work.
ARTICLE II - - STORATGE, COLLECTION, TRANSPORTATION AND DISPOSAL OF REFUSE
Section 1. Trash Pick-Up. The Board shall have authority from time to time to establish such regulations for trash pick-up and disposal as it deems necessary and appropriate including the establishment of rates and charges for same provided that such regulations, such rates and charges are adopted by formal action of the Board at a regular or called meeting, incorporated in the Town minutes and notice of same published for three consecutive weeks in a newspaper having general circulation in the Town.
Section 2. Rubbish. It shall be unlawful for any person to allow rubbish such as junked automobiles, trucks, household appliances and other items not readily moved by one man to accumulate. Excluded from foregoing shall be autos, trucks, household appliances and any other items of personal property being stored for the purpose of repair, reconstruction or sale in the ordinary course of business.
ARTICLE III - - PRIVIES - SEPTIC TANKS
Section 1. Privies Regulated. No privy of any kind shall be permitted in the Town of Atkinson where an approved sewer is reasonably accessible. When privies are permitted they shall be constructed in accordance with the regulations of the North Carolina Board of Health. Privies altered or reconstructed shall also conform to these regulations. No new privies will be constructed. (See Chapter E, Article I, Section 3(1)).
Section 2. Septic Tanks Regulated. Septic tanks may be installed, provided such tank is constructed in accordance with the specifications of the North Carolina State Board of Health, and a permit therefore is issued by the Pender County Health Department.
CHAPTER H - - BUSINESS AND TRADES
ARTICLE I - - PRIVILEGE LICENSES
Section 1. Definitions. Wherever in this Chapter the words hereinafter defined or construed in this section are used, they shall, unless the context requires otherwise, be deemed to have the following meaning:
(1) Agent. The person having the agency for the manufacturer, producer, or distributor.(2) Business. Any business, trade, occupation, profession, avocation or calling of any kind, subject, by the provision of this Article, to a license tax.(3) Engaged in the Business. Engaged in the business as owner or operator.(4) Fiscal Year. The period beginning with the 1st day of July and ending with the 30th. Day of June next following.(5) Person. An person, firm, partnership, company or corporation.(6) Quarter. Any three consecutive months.
Section 2 License Tax Upon Certain Trades and Business Operations. In addition to the tax on property, as otherwise provided for, and under the power and authority conferred in the laws of North Carolina, there shall be levied and collected annually or more often, where provided for, a privilege license tan on trades, professions, business operations, exhibitions, circuses, and all subjects authorized to be licensed, as set out in the following sections and schedule. Nothing herein contained shall be construed to prevent the Board of Aldermen from imposing from time to time, as they may see fit, such license taxes as are not specifically herein defined, or from increasing or decreasing the amount of any special license tax or from prohibiting or regulations the business or acts licensed, and all licenses are granted subject to the provisions of existing ordinances for those hereafter enacted.
Section 3. Unlawful to Conduct Business Without a License. It shall be unlawful for any person or his agent or servant to engage in or carry on a business in the Town of Atkinson for which there is a required license, without first having paid the license tax and obtained the license. For the purpose of this Section the opening of a place of business or offering to sell, followed by a single sale or the doing of any act or thing in furtherance of the business shall be construed to be engaging in or carrying such business; and each day that a person, firm, or corporation shall engage in or carry on such business as aforesaid, shall be construed to be a separate offense.
Section 4. License Taxes shall be for Twelve Months. All taxes provided for and fixed in the following sections and schedule shall be for twelve months, unless specified and shall so remain for twelve months beginning July 1st, and ending June 30th; provided, that where the license is issued after January 1st then the license shall be required to pay one-half the tax prescribed, except where otherwise specifically provided for.
Section 5. License Required for Every Separate Business. The payment of any particular tax imposed by this Article shall not relieve the person paying the same payment of any other tax imposed by this Article for any other business he may carry on, unless provided by the section imposing such tax; it being the intent of this article that license taxes prescribed by various sections or sub-sections of this Article applicable to any business shall be cumulative except where otherwise specifically provided.
Section 6. License Required for Every Place of Business. A license issued for the privilege of conduction a business is only valid for the business conducted at the place and by the licensee named therein. Every person doing business in more than factory, mill, warehouse or store, stall or stand, or other place of business, unless such places of business are contiguous to each other, communicate directly with an opening into each other and are operated as a unit. If the business is moved or if the licensee sells to another, then a new license is necessary, unless a special permit to continue business under the original license is obtained from the Board of Aldermen.
Section 7. License Must Be Displayed at the Place of Business Licensed. Every license must be kept prominently displayed at the place of business of the licensee named in the license, or, if the licensee has no fixed place of business, such licensee must keep the same wherever such business is being operated and where it can be inspected at any time by the proper municipal official.
Section 8. No abatement of License Tax. No license tax shall be abated nor shall any refund of any part thereof be made, in any case where the licensee discontinues his business before the end of the period for which such license was issued.Section 9. Schedule of Annual Privilege Licenses. (See current Schedule on file in the office of the Town Clerk.)
ARTICLE II - - SUNDAY REGULATIONS
Section 1. Sale of Malt Beverages and/or Wine Within 300 Feet of a Church. The sale of malt beverages and/or wine are permitted in the Town of Atkinson; however, no expansion of such business shall be permitted if business is located within 300 feet of an existing church. No permit shall be issued to a new business to sell malt beverages and/or wine within 300 feet of an existing church.
CHAPTER I - - DISORDERLY CONDUCT AND PUBLIC NUISANCES
ARTICLE I - -DISORDERLY CONDUCT
Section 1. General. No occupant of any house whether residence or business shall permit same to be kept in an indecent and offensive or disorderly manner or permit loafers or idle persons to congregate therein or in front of same to the annoyance of persons passing by or living in the vicinity.
Section 2. (not used)
Section 3. House of Ill Fame. No person shall keep a house or other place of ill fame in the Town and no person shall knowingly rent any house to be used as a house of ill fame. All adult persons living in such house shall be considered as keepers thereof and be subject to the penalties of this code.
Section 4. Profanity and Boisterous Conduct. It shall be unlawful for any person to use loud and boisterous language so as to become a nuisance or use any form of profanity or indecent language on the street or in a gathering or audience assembly, or any public place whatsoever, or to indecently expose themselves within the corporate limits.
Section 5. Public Drunkenness. It shall be unlawful for any intoxicated person to be on or upon any public street or other public place.
Section 6. Drinking in Public. It shall be unlawful for any person to drink or otherwise partake of intoxicating liquor or alcoholic beverages or to offer the same to any person, whether it is accepted or not, on any public road, street, or any other public place in the Town of Atkinson.
Section 7. Public Display of Intoxication Liquor or Alcoholic beverages. It shall be unlawful for any person to make any public display of open containers of intoxication liquor or alcoholic beverages on any road, street, or other public place in the Town of Atkinson.
ARTICLE II - - GENERAL NUISANCES
Section 1. It shall be unlawful for any person, firm or corporation to create or assist in creating, permit, continue, or permit the continuance of any unreasonably loud, disturbing and unnecessary noise in the town of Atkinson. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.
Section 2. Noises Expressly Prohibited. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive, namely:(1) the sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for unnecessary and unreasonable period of time.(2) The use of any gong or siren upon any vehicle, other than police, fire, or other emergency vehicle.(3) The use or operation of any piano, manual or automatic, phonograph, radio, loud speaker, or any other instrument, or sound amplifying devices so as to disturb persons in the vicinity thereof, or in such a manner as renders the same a public nuisance provided, however, that upon application to the Mayor, permits may be granted to responsible organizations to produce programs in music, speeches or general entertainment. (4) The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling, or other noise. (5) The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.(6) the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises there-from. (7) the use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced. (8) The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same are in session, or within one hundred and fifty (150) feet of any hospital, which unreasonably interferes with the working of such institution, provided conspicuous signs are displayed in such streets indicating that the same is a school, court, or hospital street.(9) The creation of any excessive noise on Sundays on any street adjacent to any church, provided conspicuous signs are displayed in such streets adjacent to churches indicating that the same is a church street. (10) The creation of loud and excessive noise in connection with loading or unloading any vehicle, of the opening and destruction of bales, boxes, crates and containers.(11) The sounding of any bell or gong attached to any building or premises which disturbs the quiet and repose of persons in the vicinity thereof.(12) The shouting and crying of peddlers, bakers, hawkers and vendors which disturbs the quiet and peace of the neighborhood.(13) The use of any drum, loud speaker or other instrument of device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise. (14) The use of any mechanical loud speakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the Board of Aldermen. (15) The conducting, operating or maintaining of any garage or filling station in any residential district as to cause loud or offensive noises to b emitted therefrom between the hours of 11:00 PM and 7:00 AM.(16) The firing or discharging of squibs, crackers, gunpowder or other combustible substance in the street or elsewhere for the purpose of making noise or disturbance, except by permit from the Board of Aldermen.
Section 3. Firearms Regulated. 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.
Section 4. Posting Bills - - Other Advertising. No person shall stick, paint, brand, stamp, write or put upon any house, fence, wall, pavement, post or upon any property, owned by any person, firm, or corporation, or owned by the Town of Atkinson, any printed, written, painted, or other advertisement, bill, notice, sign, or poster, without first having obtained the written permission of the owner of such property.
ARTICLE III - - ANIMALS
Section 1. Animals at Large. Any dog or other animal other than stray dogs, that cause any damage to property or injury to person, the owner or custodian of such animal shall be notified by the Board of Aldermen that such animal has caused damage or injury and such owner or custodian shall thereafter such animal to be confined. Failure of such owner or custodian to confine such animal after receiving notice from the Town Board shall be in violation of f this ordinance and such violation shall constitute a misdemeanor punishable by a fine not to exceed $50.00 and/or imprisonment not to exceed 30 days in jail. Each day that such owner or custodian shall fail to confine such animal after notice shall constitute a separate violation hereunder.
Section 2. Prohibited Acts
All animals shall be kept and treated under sanitaryt and humane conditions and it shall be unlawful for any person to engae in one or more of the following acts:
(1) Failing to provide adequate feed, water and shelter or failing to maintain the animal in a clean and healthy environment. |All animalss, unless otherwise indicated in this chapter shalkl be given adequate feed, adequate water and adequate shelter. Outdoor enclosures should be no smaller than 100 square feet in area for each dog weighing less than 20 pounds. Each dog weighing 20 pounds or more should have an outdoor enclosure no9 smaller than 200 square feet in area. Examples of shelter thta is nnot adequate include, but are not limited to the following:
a: Underneath houses, outdoor steps, decks or stoops, or underneath motor vehicles
b: Inside metal barrels or cardboard boxes
c: Shelters prone to flood
d: Shelters surrounded by debris, obstructions or impediments that may endanger an animal
e: Confinement of the animal in storage rooms, sheds or buildings without windows and proper ventilation
(2) Failing to keep an animal under sanitary and humane conditions which are not detrimental to the animal's health and welfare and which maintain a condition of good order and cleanliness and reduce the possibility of transmission of disease.
(3) Failinmg or refusing to provide adequate medical attention for any sick, diseased or injured animal.
(4) Engaging in animal cruelty; animal cruelty means every act, ommision, or act of neglect whereby unjustifiable pain, suffering or death is caused or permitted, or attempted to be caused or permitted against animals, and includes acts or attempted acts of beating, torturing, injuring, tormenting, mutilating, teasing, molesting baiting, or harrassing animals, the trapping of animals unlawfully and overworking or over driving animals. This shall not include the lawful taking of animals under the jurisdiction and regulatioon of the wildlife resources commission, lawful activities of organizations or agencies conducting or sponsoring biomedical research or training, lawful activities for sport, the production of livestock or poultry, or the lawful destruction of any animal.
(5) Promoting, staging, holding, managing, conducting, carrying on or attending any game, exhibition, contest. fight or combat between one or more animals or between animals and humans, or intentionally allowing animals to engage in a fight.
(6) Permitytimng any exhibit, funtion or activity where animals are being cruelly treated or animals run the risk of causing injury to the public or themselves. Animal control shall have the authority to inspect and to close down public exhibits of animals including those which are part of fairs, carnivals, festivals, fund raising events, petting zoos and any other activity or function carried out in the town if it is determined that animals are being cruelly treated or run the risk of causing injury to the public or themselves.
(7) Poisoning, or exposing a domestic animal to any known poisonous substance or mixing a poisonoous substance with food. so that it will likely be eaten by an animal. This does not include attempts or acts of persons to lawfully rid their own property of mice or rats or other vermin, nor does it include other acts permitted by the North Carolina wildlife department.
(8) Allowing a collar, rope or chain to become embedded in or cause injury to an animals neck, or allowing a choke or pinch collar to be used as a primary collar on an unsupervised animal.
a. Allowing an animal to be chained or tethered such thet the animal is not confined to the owners property or such that the chain or tether can become entangled and prevent the animal from moving about freely, lying down comfortably or having access to adequate food, water and shelter.
(9) Carrying or causing to be carried in or upon the open area of a truck or other vehicle any animal that is not secured, in an animal carrier or by a harness or other device, such that the animal cannot fall, jump, or be thrown from the vehicle.
(10) Unless otherwise permitted by law, giving away or offering any animal as a prize, premium or advertising device for or as an indicement to enter any contest, game or other competition involving skill or chance.
(11) Placing or confining an animal in a motor vehicle under such conditions or for such a period of time as to endanger the health or well being of such animal due to exposure of severe conditions such as heat.
Section 3: Inspections
Animal control officers shall have the authority to conduct inspections of pet shops, kennels, dealers, or breeders to the extent not preempted by state law, in order to determine if theere is any abuse of animals. Pet shops, kennels, dealers and breeders are subject to the state laws concerning rabies control. Abuse of animals shall include any act described in this section or any other act which is detrimental to the well being of the animal. It shall be unlawful for any owner or employee of any pet shop or kennel or any dealers or breeders to violate these sections.
Adequate care or care means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
Adequate exercise or exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
Adequate feed means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species.
Adequate space means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.
Adequate water means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.
Animal at large means any animal not under restraint and off the property of its owner.
Animal control officer means any employee of the public safety department charged by the director with the responsibility of enforcing the city's animal control ordinance(s).
Animal shelter means the facility designated by the Bainbridge City Council for the detention of animals.
Animal shelter officer means any person so designated by the animal shelter director to perform the duties prescribed by this chapter.
Animal under restraint means any animal secured by a leash or lead; or enclosed by way of fence or other enclosure; or under the control of a responsible and competent person and obedient to that person's commands, and the person being present with the animal; or an animal confined within a vehicle, parked or in motion.
Director means the director of public safety.
Domesticated animals means animals that are accustomed to living in or about the habitation of men, including but not limited to cats, cows, dogs, fowl, horses, swine, domesticated wild animals and/or exotic animals. This definition only applies to those animals mentioned and is only applicable to this chapter and in no way affects the meaning or application of a definition of the described animal, as may be found in any other city ordinance.
Guard dog means any dog which has been trained to attack persons or other animals independently or upon oral command and any dog which, while not so trained, is reasonably expected to perform as a guardian of the property upon and within which he is located.
Owner means any person who owns, keeps, harbors or acts as custodian of a domesticated animal.
***The above ordinance was adopted using the ordinance wording from the Town of Bainbrige, GA***
Section 2. Hog Pens. No person shall be permitted to keep or maintain any hog pen, or keep any hogs, for household consumption, within one hundred and fifty feet of any dwelling house or room used for sleeping quarters.
Section 3. Pig Pens. No person shall maintain a pig pen or other enclosure for pigs, for household consumption, within one hundred and fifty feet of any dwelling house or room used for sleeping quarters.
Section 4. Commercial Livestock or Commercial Poultry. No person, firm or corporation shall maintain a commercial hog pen or pig pen or other commercial livestock within the corporate limits of the Town of Atkinson.
CHAPTER J - -BUILDING CODES
ARTICLE I - - GENERAL BUILDING REGULATIONS
Section 1. Building Inspector. Such officer or employee as the Board may appoint shall be the Building Inspector of the Town of Atkinson and he shall possess all the powers conferred and perform all the duties prescribed by G.S. 160-177 and other Statutes applicable thereto, except as prescribed in Article III, Section I of this Chapter. He shall possess such powers and perform such further duties as may be prescribed by this Chapter. He shall receive the fees allowed by Statute. The said 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 inspection, or in the performance of his duties. He shall make or cause to be made, such inspections of all chimneys, flues, steam and fire openings within the Town. He may, when occasion requires, appoint a deputy or deputies, to perform any part of his duties.
Section 2. Building Permit Required. It shall be unlawful for any person, firm or corporation to hereafter erect, construct or build, or cause any building o structure of any kind or description, without and until such person, firm or corporation first submits to the Building Inspector a duly signed and complete application to be accompanied by plans and specifications to be used in such building or structure. The application shall include material to be used in such building or structure, the proposed location thereof, the purpose for which such building or structure is to be used, the cost of such a building or structure, and such other information concerning the same that will enable the Building Inspector to properly pass upon the application of such person, firm or corporation, to erect, build or construct such a building or structure within the corporate limits. Until such person, firm or corporation obtains such a permit to erect, build, or construct such a building or structure as described in the application for permit, it shall be unlawful for such person, firm or corporation to proceed with the erection, building or construction of such a building or structure as herein provided.
Section 3. Building Permit Fees. Building permit fees shall be those applicable fees required by the Pender County Building Inspection Department.
Section 4. National Building Code Adopted. The applicable “North Carolina State Building Code,” and the “North Carolina Uniform Residential Building Code” found therein is hereby adopted as the official Building Code of the Town of Atkinson, North Carolina.
Section 5. Gasoline Storage Tank. It shall be unlawful for any person to construct or erect any storage tank for gasoline, oil or other combustible or inflammable materials containing or capable of containing more than one hundred gallons until a permit is obtained from the Building Inspector and all applicable regulations and permits have been approved. Information of size, location and planned use of tank shall be provided to Atkinson Fire Chief.
ARTICLE II - -CONDEMNATION
Section 1. Inspection of Dangerous Buildings or Structures. Whenever the Board of Aldermen of the Town of Atkinson is informed that any building or other structure within the Town is especially dangerous in case of fire, by reason of the bad condition of the walls, defective construction, decay, or residing in the vicinity thereof, they shall forthwith require the Building Inspector, together with the Mayor and Fire Chief, to make a survey of said building, or structure, and report to them their opinion of the same. The Board of Aldermen shall then arrive at a decision whether or not to condemn said building or structure. (Note: This section relieves the Building Inspector of the sole responsibility for condemning buildings or structures under Article I, Section 4 of this Chapter; however, all other procedures and responsibilities remain applicable.)
Section 2. Owner to Correct Hazard. The Building Inspector shall for every building which shall be condemned under section 1 of this Article, invoke the Building Code of the Town of Atkinson to require the owner to correct the hazard. However, the Board of Aldermen may at its discretion suspend the punitive provisions of said Building Code and order or cause said condemned building or structure to be torn down and the debris removed and the lot cleared of all material. The owner of said property shall be responsible to the Town of Atkinson for the cost thereof. The rate of charge for said tearing down and clearing shall be set by the Board of Aldermen and shall be on file with the Town clerk. The Clerk shall present a bill to the owner or his agent for said tearing down and clearing, the first day of the month following completion of the work. Failure to pay said charges within thirty days shall result in a lien upon the property for the amount due plus 1.5 percent interest for each month or fraction thereof until paid.
ARTICLE III - -TRAILERS OR MOBILE HOMES REGULATED
Section 1. Trailers or mobile homes are hereby granted permission to be placed in the Town of Atkinson in compliance with the Pender County Mobile Home Ordinance and any applicable Zoning requirements.
ARTICLE IV - -YARD REGULATIONS
Section 1. To what Structures applicable. The following provisions provide for regulation of front yard, rear yard, side yard, corner lot and trailer park distances relating to construction, alteration, repair, or removal of buildings or structures, including mobile homes, erected or to be erected or locating in the Town of Atkinson. The provisions of this Section shall apply only to buildings, duplexes, apartments, mobile homes, or structures hereafter erected or located within the Town Limits. Applicable only to areas currently subdivided and platted.
Section 2. Applications, Plans and Permits. The application, plans and permits required by Article 1 of this Chapter shall be required and shall reflect the provisions of this Article.
Section 3. Front Yard Requirements. Front yard requirements shall be as follow:(1) New residential buildings shall conform to the building lines established by neighboring structures, except that no new residential building shall be erected closer to the center line of the fronting street than 35 feet or be set back further than 55 feet.(2) The standard front yard distance for residential areas where there are no neighboring structures shall be at least 55 feet.(3) Single mobile homes shall comply with the provisions of this section.(4) New buildings or structures for business purposes shall be offset form the center line of the fronting street a distance of at least 35 feet.
Section 4. Side Yard Requirements. (1) no residential building or mobile home or structure of any kind shall be erected closer to an adjoining property line than 5 feet and shall have a side yard distance of at least 8 feet on either side of said building, mobile home or structure. (2) Buildings or structures in a business district shall have a side yard distance of at least 3 feet on either side of the building so they can be entered and cleaned. Buildings with common walls are exempted from this provision.
Section 5. Rear Yard Requirements. (1) All buildings, mobile homes or structures shall have a rear yard at least 15 feet in depth from the rear property to said building, mobile home or structure.(2) Accessory building such as garages and woodsheds may be erected in rear yards; however, they shall not be erected closer to a property lint than 5 feet or occupy a cumulative total area of more than 25 percent of the rear yard area available.
Section 6. Corner Lot Requirements.(1) No structure or planting at a height greater than 3.5 feet above the curb level shall be erected or planted or be allowed to grow within a distance of 20 feet from a street intersection , measured from the curb line or corner right-of-way line, on streets without curbs, where said lines intersect. (2) The side yard requirements are the same as front yard requirements, on the street side of buildings, mobile homes or other structures when locate on corner lots.
Section 7. Off-Street Parking and Loading. (1) all business establishments shall provide space for off-street parking and loading consistent with the type of business conducted. The minimum front yard areas shall not be used for this requirement.(2) The minimum space requirement for off-street parking and loading shall be two times the floor area within the business establishment.
Section 8. Mobile Home Parks.(1) Mobile homes grouped in a park shall meet all the requirements for front, side, and rear yard and corner lots as a group.(2) Individual mobile homes within the group shall:(a) Each have access to a driveway and an off-street parking space.(b) Be allotted a minimum area of 30X70 feet and there shall be a minimum of 25 feet between mobile home units. ( c) Be provided with approved water, electric, sewage and heating fuel connections.
(3) Each individual unit area shall be provided with a concrete slab foundation for mounting said unit and shall include anchor points for storm and hurricane anchoring, and shall include a walkway to the driveway here-to-fore required.(4) All driveways shall consist of re-enforced concrete, complete with curbing and storm drains. The storm drains shall exit the said mobile park at a point whereby ample drainage is available.
Section 9. Yard Regulations Superseded by Adoption of Zoning Ordinance.Yard regulations Section 1 through Section 7 of the ordinance remain in effect until adoption of a Zoning Ordinance for the Town of Atkinson. Subsequent to adoption of the local Zoning Ordinance, such ordinance shall supersede Article V, Section 1 through Section 7 of this Ordinance.
CHAPTER K - - PENALTIES
Section 1. Any person, firm or corporation violating any of the provision of any section or sub-section of this Ordinance, or failing or neglecting or refusing to comply with same shall, upon conviction, be guilty of a misdemeanor and subject to a fine and/or imprisonment, at the discretion of the Court, and each day that any of the provisions of this Ordinance are violated shall constitute a separate offense.
Town of Atkinson
200 N. Town Hall Ave.
PO Box 160
Atkinson, NC 28421
Phone: 910 283-7341
Land Use Meeting
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