2002-06-03 RM Exhibits27.21.1
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby
ordain that Chapter 38, Offenses and Miscellaneous Provisions, Article IV, Breaches of the
Peace, of the New Hanover County Code be and is amended by the addition of a new
section as follows: .
Section 38-108. Harassment or Harm of Birds Prohibited.
a) For that portion of Wrightsville Beach Island situated north of the
incorporated area of the Town ofWrightsville Beach, it shall be unlawful for
any person to harm any bird by chasing, attempting to capture, throwing
objects at or touching the animal, or tampering with nests. Provided,
however, persons holding requisite Federal and State licenses for avian
research and/or rehabilitation of injured birds are exempt hereunder.
b) Any person who shall violate the provisions of this section shall be guilty of
a misdemeanor punishable by a fine of not more than Five Hundred
($500.00) Dollars in the discretion of the court, as provided byN.C.G.S. 14-4.
Except as specified referenced herein, the existing provisions of Chapter 38 shall
remain in full force and effect.
This the 3rd day of June, 2002.
NEW HANOVER COUNTY
r; Û//Q. \
Ted Davis, Jr.,' airman
Board of Commissioners
(X)~J~~
'--/~k to the Board' .'
27.21.2
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain
that Chapter 44, Solid Waste, Article II, Collection and Disposal, ofthe New Hanover County Code
be amended as follows:
(1) Add a new section to be designated:
Sec.44-43.5 Franchise Required for Solid Waste Collection
(a) A franchise from the Board shail be required of any person or entity who collects, transports,
and/or disposes of solid waste for compensation within the county. Operation without a franchise
is prohibited and violations are subject to the enforcement provisions of this chapter. The franchise
)
shall be readily available at the franchisee's place of business.
(b) All applicants for franchises to collect, transport and dispose of solid waste shall file written
application with the County Manager or his designee, and shall furnish the following information:
(1) Name and address of applicant and whether a sole proprietorship, corporation, or
partnership, with disclosure of the ownership interests;
(2) A list of the equipment possessed, available, or to be obtained within 18 months by
the applicant;
.(3) .~umber of employees the applicant expects to use in said business;
(4) Experience of the applicant in solid waste collection;
(5) Balance sheet or equivalent financial statement prepared by a certified public
accountant or other person satisfactory to the Board as of the close of the applicant's last business
year, showing the net worth of the business. All financial data submitted in compliance. with the
requirements of this paragraph shall be confidential under G.S. § 132-1.2, and shall not be regarded
as public information. In lieu of the financial statement, the County will accept a notarized statement
from a certified public accountant verifying the financial viability of the applicant business.
(6) Any information the Board may hereinafter request;
The County shall process, accept or deny, each application within sixty (60) days ofreç~.ipt.
(c) All waste haulers operatin~ in the County as of January 1, 2002, shall be granted a
franchise.
(d) Franchises shall be subject to a yearly review with the information designated inJhe
above division (b) being presented to the County Manager, during the last month of each year of
service, or at such alternative annual date as designated by the Manager's office.
(e) The County Manager or his designee shall bring applications for franchises and a review of
existing franchises to the Board at such times as he deems appropriate, consistent with the period
for approval above, and may grant to the applicants adjudged by the Board to be qualified, a
franchise to collect waste in the County. The terms of such franchises shall not exceed seven years,
and shall be renewable.
(f) The Board reserves the right to revoke any franchise granted, upon
satisfactory proof ofthe inability or failure of the franchisee to properly perform the duties covered
by the permit and contract in a satisfactory manner or for any of the grounds as set out in subsection
"k" below, after the franchisee has been given an opportunity for a hearing upon ten days written
notice by mail before the hearing setting forth the grounds for revocation.
;
(g) The franchisee shall serve every person or business who contracts with him or her for solid
,waste in such a manner that the franchisee does not cause the person to be in violation with this
chapter. The franchisee shall not discriminate against any person for contract purposes in violation
of the Civil Rights Act as amended on the basis of race, color, creed, religion, national origin,
physical impairment or sex.
(h) Before the County Manager issues a franchise pursuant to this chapter, the County Manager
or his or her duly authorized representative shall determine that all facilities, equipment, and
proposed operating methods the applicant plans to use in the solid waste collection business are in
compliance with this chapter and applicable regulations of the State Commission for Health
Services.
(i) The applicant, upon being awarded the right to collect and dispose of solid waste by the
Board as here inabove provided for, shall secure and present to the County Manager a good and
sufficient surety bond or liability insurance policy covering and insuring payment of such damages
as may be done by the franchisee to the premises or property upon which he or she may enter for the
purpose of collecting or disposing of solid waste. Such policy !>hall contain a "hold harmless clause"
indemnifYing the county against claims made by the franchisee.
CD Should any franchisee, now existing or hereafter granted under the provisions of this chapter,
be sold, assigned, pledged, or transferred, or if control thereof should be changed by stock transfer
or otherwise, or any rights thereunder leased or should there be any merger or combination affecting
the franchise be made through acquisition or control by stock purchase or otherwise, then a new
application will need to be made and written approval which shall be given if justified by the facts
then existing. If any such transaction takes place prior to approval of the new application, the new
entity shall operate under a temporary franchise under the terms of the previous franchise, subject
to approval or termination at the time of the consideration of the new application.
(k) Any and every franchise now existing or hereafter issued, shall be subject to the provisions
of this chapter and as it may hereafter be amended from time to time, except that any amendment
or amendments that may be made from time to time affecting the duration of a franchise or
franchises existing at the time of the enactment of the amendment or amendments. Any franchise
transferred or assigned without the express written authority of the Board of County Manager or his
designee shall be void and of no effect, and any collection thereunder is in violation of this
chapter.
(1) A franchise granted under this chapter may be revoked after notice and hearing as provided
in subsection "e" and for noncompliance with the provisions of this chapter.
(2) The effective date of Section 44-43.5 will be July 1,2002.
Except as specified referenced herein, the existing provisions of Chapter 44 shall remain in
full force and effect.
. This the 3rd day of June, 2002.
'-
[S
NEW HANOVER COUNTY
T~~O~~
Board of Commissioners
02~\/~
. '-'" ~ to the Board ,
27.21.3
RESOLUTION
OF
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, New Hanover County is required by North Carolina law to operate and
maintain a balanced budget and comply with the provisions of the Local Government Budget
and Fiscal Control Act; and
WHEREAS, New Hanover County is required to maintain a sufficient fund balance to
operate in a fiscally sound manner and to have adequate reserves in case of emergencies; and
WHEREAS, the ability of county gov~rnments to borrow for capital infrastructure needs is
dependent on reliable revenue sources for repayment; and
WHEREAS, adequate revenues are required to carry out the above mentioned
responsibilities;
NOW, THEREFORE BE IT RESOLVED THAT the New'Hanover County Board of
Commissioners respectfully requests that the General Assembly enact legislation that will
secure the local government revenue sources and ensure that these revenues are distributed
to local governments on a timely basis as set forth by the state's General Statutes.
Adopted this the yd day of June, 2002
. New Hanover County Board of Commissioners
l&oaQ{J;man