1997-06-16 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.
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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