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HomeMy WebLinkAbout1997-06-16 RM Exhibits3 .. AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that the following section of the New Hanover County Code dealing with penalties are hereby amended to read as follows: Section 1. Chapter II, Nuisances, Article IV, Litter, Section 11-87, is hereby amended to read as follows: Sec. 11-87 Enforcement and Penalties. The County Sheriffs Department may issue a citation which subjects the offender to a civil penalty of one hundred dollars ($100.00) for a first offense, three hundred dollars ($300 00) for a second offense, and five hundred dollars ($500.00) for a third or subsequent offense. The penalty may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. Violation of this Article shall result only in civil penalties and/or civil action set forth herein, and shall not entail criminal sanctions. Each day of a continuing violation shall constitute a separate offense under this Article. Section 2. Chapter II, Nuisances, Article I, In general, Section 11-10 is hereby amended to read as follows. Sec. 11-10 Civil Citation The County Sheriffs Department may issue a citation which subjects the offender to a civil penalty of one hundred dollars ($100.00) for a first offense, three hundred dollars ($300 00) for a second offense, and five hundred dollars ($500.00) for a third or subsequent offense. The penalty may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. Violation of this Article shall result only in civil penalties and/or civil action set forth herein, and shall not entail criminal sanctions. Each day of a continuing violation shall constitute a separate offense under this Article. Section 3. Section 132 of the New Hanover County Zoning Ordinance is hereby amended to read as follows: Section 132. Enforcement of Ordinance. This ordinance may be enforced by anyone or more of the remedies authorized by O.S. g153A-123 including but not limited to the following: 132-1 Violation of this ordinance subjects the offender to a civil penalty of one hundred dollars ($100.00) for a first offense, three hundred dollars ($300 00) for a second offense, and five hundred dollars ($500.00) for a third or subsequent offense to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty to the County Finance Office within ten (10) days after the offender has been cited for a violation. Violation of this ordinance shall result only in civil penalties and/or civil action set forth herein and shall not entail criminal sanctions. 1322. This ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. 132-3 This ordinance may be enforced by injunction, order of abatement, or both, as provided in G.S. SI53A-123(e). 132-4 Each days' continuing violation of the ordinance is a separate and distinct offense. Section 4 Chapter 8, Fire Protection and Prevention, Article II, Fire Code Enforcement and Fire Marshal, Section 8-25, is hereby amended to read as follows: Sec. 8-25 Enforcement and Penalties. As provided in section 1-15 of this Code, violation of this Article may be enforced by any one (I) or more of the remedies authorized by G.S. Sl53A 123, including but not limited to the following: (I) The fire marshal may issue a citation which subjects the offender to a civil penalty of one hundred dollars ($100.00) for a first offense, three hundred dollars ($300 00) for a second offense, and five hundred dollars ($500.00) for a third or subsequent offense to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty twenty (20) days after being cited for a violation. Provided, however, that the fire marshal may issue a citation for a locked or blocked exit violation which subjects the offender to a civil penalty of five hundred dollars ($500 00) to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited for a violation. Each day's continuing violation of this Article is a separate and distinct offense. (2) A misdemeanor warrant may be issued either immediately or upon the issuance of a citation and the violator's failure to pay the same. Maximum fine shall be five hundred ($500.00) dollars. (3) A civil action seeking an injunction and order of abatement may be commenced against the violator. Section 5. Chapter 5 Building Code, Article VII, Regulation of Mechanical Work, Section 5-210, is hereby amended to read as follows: Sec. 5-210. Penalty Any person, firm or corporation violating the provisions of this Chapter shall be guilty of a misdemeanor and shall be punishable pursuant to the provisions of G.S. S 14-4, which provides for a maximum fine of up to five hundred ($500.00) dollars. Violation of this Chapter subjects the offender to a civil penalty of one hundred dollars ($100.00) for a first offense, three hundred dollars ($300.00) for a second offense, and five hundred dollars ($500.00) for a third or subsequent offense to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within ten (10) days after he has been cited for a violation of this Chapter. This Chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. Pursuant to the authority granted in G.S. SI53A-123, this Chapter may be enforced by anyone (I) or more of the remedies specified above. Each day's continuing violation of this Chapter is a separate and distinct offense. This the Itt)if; day of ~ 1997 NEW HANOVER COUNTY ATTEST 1ZLII1L- Robert G. Greer, Chairman Board of Commissioners ~~/d,k( erk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, planning for solid waste will protect public health and the environment, provide for efficient application of the County solid waste management system, better utilize our natural resources, control the cost of solid waste management; and WHEREAS, North Carolina General Statute l30A-309 09A(b) requires each unit oflocal government, either individually or in cooperation with other units of local government, to develop a lO-year comprehensive solid waste management plan; NOW THEREFORE, BE IT RESOLVED that the County Commissioners of New Hanover County hereby approve the New Hanover County Solid Waste Planning Area Management Plan. This the 16th day of June, 1997 NEW HANOVER COUNTY /f?L1~ Robert G Greer, Chairman Board of County Cornmissioners ATTEST ~::c:~ 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 II Nuisances, Article IV, Litter, Section 11-73, is hereby amended to read as follows: Section 11-73 Duty of owners with respect to litter (a) The owners, occupants and lessees of all property, jointly and severally, are required to remove all litter and place the same in proper containers. Vacant lots, borders, parking lots, embankments, fences and walls shall be kept free oflitter Parking lots, shopping centers, convenience stores, drive-in restaurants, and all other commercial and industrial enterprises shall insure that their respective properties are litter free. (b) It shall be unlawful for any person to place or leave outside any building or dwelling within public view any furniture, appliance, machinery, equipment, building materials, or other item which is either in wholly or partially rusted, wrecked, junked, dismantled, or inoperative condition. (c) No person shall leave outside any building or dwelling in any place accessible to children, any abandoned or unattended refrigerator, freezer, ice box or other airtight receptacle without first removing the door or locking the door closed. This the 1~1J.. day Of~, 1997 NEW HANOVER COUNTY 1(jj;~ ATTEST Robert G. Greer, Chairman Board of Commissioners ~,v~ erk to the Board '-- Resolution County of New Hanover State of North Carolina Introduced by the Board of Commissioners WHEREAS, New Hanover County has experienced the hardships caused by Hurricanes Fran and Bertha in 1996 and WHEREAS, New Hanover County remains committed to the peaceful enjoyment of a high quality life along the North Carolina Coast; and WHEREAS, the governmental units within New Hanover County are dedicated to providing services necessary to ensure a clean, safe and stable environment to the citizens and visitors, and WHEREAS, New Hanover County recognizes the fiscal responsibility of each community and its citizens to reduce the cost of future disasters; and WHEREAS, mitigation concepts and programs shall receive thorough study for local implementation and adoption where appropriate; and WHEREAS, New Hanover County embraces the concept of local business and industries working together as partners to minimize disaster cost, expedite disaster recovery and work in a coordinated fashion to implement mitigation strategies that are in the best interest of all parties involved through a multi-hazard approach; and WHEREAS, New Hanover County is honored to be chosen as a location to begin the planning for the long-term development of the Disaster Resistant Community Concept; and WHEREAS, New Hanover County eagerly awaits recommendations and program support from the Disaster Alliance; and WHEREAS, New Hanover County recognizes the national efforts of the Disaster Alliance and the following participants. the Electrical Power Research Institute, the US Department of Energy the Federal Emergency Management Agency and Project Blue Sky. NOW, THEREFORE, BE IT RESOLVED that New Hanover County shall reaffirm its desire to implement the following: strive to minimize the cost of future disasters, implement appropriate mitigation and disaster-resistant community initiatives develop an alliance with critical businesses, industries, and services to protect our utilities and economic well-being; and enhance our partnerships, planning and programming with loc , tate and pr"vate-sector organizations. { ~ t New Hanover County Contract # 96 - 0172 COPY OF A RESOLUTION PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA A motion was made by Vice-Chairman Caster and seconded by Commissioner Birzenieks for the adoption of the following Resolution, and upon being put to a vote was duly adopted: WHEREAS the County has plans to construct an access road from SR 1002 to the proposed Vision Software facility in New Hanover County and the Department has agreed to participate in the construction cost of the project; and, WHEREAS, the Department and the County now wish to amend the Agreement to change the Department amount of participation from actual costs not to exceed $117,000" to actual costs not to exceed $139 500" NOW THEREFORE, BE IT RESOLVED that Project R-3167 N, New Hanover County is hereby formally approved by the Board of Commissions of the County of New Hanover and that the Chairman and Clerk of this County are hereby empowered to sign and execute the Agreement with the Department of Transportation. I, Lucie F. Harrell- Clerk of the County of New Hanover do hereby certify that the foregoing is a true and correct copy of excerpts from the he Minutes of the meeting of the Board of County Commissioners duly held on the 16 day of June 19E ~ ~ITNESS my hand and the official seal of said County on this the /'?:<<:-day of ,19f2 County Seal 'l~ ATI'EST: County of New Hanover North Carolina Robert G Greer Chairman of Board ~<M /'rL/A lerk to the Board - ORIGI~~AL AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County North Carolina, does hereby enact Article XV Personal Watercraft Safety to be codified in Chapter 12, Offenses, of the New Hanover County Code: Section 12 143. Definition. For purposes of this ordinance, 'personal watercraft" means a small vessel which uses an outboard motor or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vehicle. Section 12 144 Ooerator A person shall not lease, hire, rent, operate, or knowingly give permission to operate a personal watercraft on the waters in this County unless the operator is 16 years of age; provided, however said prohibition is subject to the following exceptions: (a) A person between the ages of 13 and 16 may operate a personal watercraft if he has completed a boater's safety education course approved by the N. C. Department of Wildlife and Natural Resources, U S. Coast Guard Auxiliary or National Association of State Boating Law Administrators, and is in possession of the certificate at time of operation. (b) A person between the ages of 13 and 16 may operate a personal watercraft without certification if accompanied by an adult age 18 or older The lanyard of the personal watercraft must be attached to the adult. Section 12 145. Reauired Eauioment. A person shall not operate a personal watercraft on the waters of New Hanover County unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch. If equipped with a self-circling device, such device must be fully operational. If equipped with a lanyard-type engine cutoff switch, the lanyard must be attached to the operator's clothing, body or personal flotation device. Section 12 146. Soeed. In the following specified areas, no person may operate a personal watercraft in excess of headway speed which shall not exceed five mph: (a) Within the posted waters of the University of North Carolina at Wilmington Research leased area. (b) Within fifty (50') feet of posted waterbird sanctuaries or management areas. (c) Within fifty (50') feet of a person in the water or an anchored vessel. (d) Within fifty (50') feet of a pier or dock in the waters of New Hanover County excluding the waters of the I ntracoastal Waterway (e) Within the New Hanover County waters of the Atlantic Ocean, a person may not operate a personal watercraft at any time in excess of headway speed which shall not exceed five mph within fifty (50') feet of persons in the water or surf fishermen. (I) Within twenty-five (25') feet of marsh or shore within the following areas: (1) Bounded by the Atlantic Intracoastal Waterway to the west, Shinn Creek to the ~ south, Banks Channel to the east and Motts Channel to the north. (2) Bounded by the Atlantic Intracoastal Waterway to the west, Lee's Cut and the Highway 74 bridge extending across the waters of Banks Channel within the Town of Wrightsville Beach, North Carolina to the south, the mainland of the Town of Wrightsville Beach to the east, and the creek leading from the Atlantic Intracoastal Waterway to Mason's Inlet to the north. (3) Bounded by the Atlantic Intracoastal Waterway to the west, Masonboro Island to the east, Masonboro Channel to the north, and Carolina Beach Inlet to the south (this marsh area is within the boundaries of the Masonboro Island component of the North Carolina National Estuarine Research Reserve System). (4) Bounded by the Atlantic Intracoastal Waterway to the west, Rich Inlet to the north, Mason Inlet to the south and Figure Eight Island to the east. Section 12 147 Wildlife. In accordance with N. C General Statute 113-291 1 it shall be unlawful for an operator of a personal watercraft on the waters in New Hanover County to chase, harass, molest, or disturb any wildlife except when lawfully angling for hunting or trapping such wildlife. Section 12 148. Sale. At the time of purchase, a dealer in personal watercraft shall require the buyer of a personal watercraft to view a safety video addressing safe operation of the watercraft. Section 12 149 Lease. A personal watercraft livery owner or the livery's agent or employee shall: (a) Post personal watercraft regulations; (b) Require all renters to read the regulations; (c) Require all renters to sign a rental contract, containing a clause stating that the renter read and understood all applicable safety regulations; and (d) Require all renters to view a New Hanover County approved video relating to personal watercraft safety operation. Section 12 150. Penalties. Any person who shall violate the provisions of this Article shall be guilty of a Class 3 misdemeanor punishable by a fine of not more than Two Hundred and Fifty Dollars ($250.00) or imprisonment for not more than twenty (20) days, in the discretion of the Court, as provided by Section 14- 4 of the General Statutes. This the /~~ dayof[j2-"",--, , 1997 ATTEST ~ Robert G. Greer Chairman Board of Commissioners