1992-09-08 RM Exhibits
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED, SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
RAINTREE COURT - QUEENS POINT SUBDIVISION
WHEREAS, the attached petition has been filed with the Board of county
Commissioners of the county of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road system; and
WHEREAS, the Board of county commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road system, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
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CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
8th day of September , 1992.
W~IT E5S-my hand and official seal this the
_J~A J I 1992.
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day of
Board of
Form SR-2
Please Note, Forward direct to the District Engineer, Division of Highways.
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. AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Conunissioners of New Hanover County, North
Carolina does hereby ordain that Chapter 11, Article III, Noise,
New Hanover County Code, is hereby amended as follows:
Amend Section 11-57, Subsection (b) as follows:
(b) It shall be unlawful to carryon the following
activities:
(1) Operate construction machinery and chainsaws between the
hours of 9:00 p.m. and 7:00 a.m. in any residentially zoned
area of the County.
(2) Operate garage machinery between the hours of 9:00 p.m.
and 7:00 a.m. in any residentially zoned area of the County.
(3) Operate lawn mowers and other domestic tools out-of-doors
between 9:30 p.m.- and 6:30 a.m. in any residentially zoned
area of the County.
(4) Yelling, shouting, whistling or slnglng in such a manner
as to annoy or disturb the quiet, comfort or repose of a
reasonably prudent person.
(5) The playing of any sound-magnifying device, radio,
television, phonograph amplifier system, tape deck, tape
recorder or musical instruments in such a manner or with such
volume or as to create vibrations that annoy or disturb the
quiet, comfort or repose of a reasonably prudent person.
The Code Service should recaption Section 11-57 accordingly.
Amend Section 11-64 by repealing the existing section and
substituting the following:
Any person who shall violate the provisions of this article
shall be guilty of a misdemeanor punishable by a fine of not more
than fifty dollars ($50.00) or imprisonment for not more than
thirty (30) days, in the discretion of the court, as provided by
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section 14-4 of the General Statutes of North Carolina. Each day
or portion thereof any violation of this article shall continue
shall constitute a separate offense.
This the ~l~ day of ~/~r/l- .
1992.
[Seal]
COUNTY
ATTEST:
8/92
noise.ord
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"\N ORDINANCE
0F 'rHE
BOARD OF COMMISSIONERS OF
NEW HANOVER COUNTY
The Board of Commissioners of New Hanover County hereby enacts
the following to be codified in Chapter 3, Animals and Fowl, New
Hanover County Code:
Dangerous Dogs
Section 3-24. Definitions.
As used in this Ordinance, unless the context clearly requires
otherwise and except as modified in subsection (b) of this section,
the term:
(1) "Dangerous dog" means
a. A dog that:
1. Without provocation h<;is killed or inflicted
severe injury on a person; or
2. Is determined by the Director of New Hanover
County Animal Control to be potentially dangerous
because the dog has engaged in one or more of the
behaviors listed in subsection (2) of this
subsection.
b. Any dog owned or harbored primarily or in part for
the purppse of dog fighting, or any dog trained for dog
fighting.
(2) "Potentially dangerous dog" means a dog that the Director
of New Hanover County Animal Control determines to have:
a. Inflicted a bite on a person that resulted in broken
bones or disfiguring lacerations or required cosmetic
surgery or hospitalization; or
b. Killed or inflicted sever injury upon a domestic
animal when not on the owner's real property; or
c. Approached a person when not on the owner's property
in a vicious or terrorizing manner In an apparent
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attitude of attack.
( 3 ) "Owner" means any person or legal entity that has a
possessory property right in a dog.
(4) "OWner's real property" means any real property owned or
leased by the owner of the dog, but does not include any
public right-of-way or a common area of a condominium,
apartment complex, or townhouse development.
(5) "Severe injury" means any physical injury that results in
broken bones or disfiguring lacerations or required cosmetic
surgery or hospitalization, the cost of said medical treatment
exceeding One Hundred ($100.00) Dollars.
Section 3-24
Application.
The provisions of this Ordinance do not apply to:
(1) A dog being used by a law enforcement officer to carry
out the law enforcement officer's official duties;
(2) A dog where the irrjury or damage inflicted by the dog was
sustained by a domestic animal while the dog was working as a
lawful hunting dog, herding dog, or predator control dog on
the property of, or under the control of, its owner or keeper,
and the damage or injury was to a species or type of domestic
animal appropriate to the work of the dog; or
(3) A dog where the injury inflicted by the dog was sustained
by a person who, at the time of the injury, was committing a
willful trespass or other tort, was tormenting, abusing, or
assaulting the dog, had tormented, abused, or assaulted the
dog, or was committing or attempting to commit a crime.
Section 3-26
Procedure.
New Hanover County hereby designates the Director of New
Hanover County Animal Control to be responsible for determining
when a dog is a "potentially dangerous dog", or "dangerous dog" and
designates the New Hanover County Board of Health or its designee
as the Appellate Board to hear any appeal. Appeals exist only for
a "potentially dangerous dog" determination. The Director of New
Hanover County Animal Control, when making the determination that
a dog is a "potentially dangerous dog", must notify the owner in
writing, giving the reasons for the determination, before the dog
may be considered potentially dangerous under this Ordinance. The
owner may appeal the determination by filing written objections
with the Appellate Board within three days. The Appellate Board
shall schedule a hearing within 10 days of the filing of the
objections. Any appeal from the final decision of such Appellate
Board shall be taken to the superior court by filing notice of
appeal and a petition for review within 10 days of the final
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decision of the appellate board. Appeals from rulings of the
Appellate Board shall be heard in the superior court division. The
appeal shall be heard as a review of the record and not de novo
before a superior court judge sitting ii New Hanover County.
This the
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dangdog.ord
8/92
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THE BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY
The Board of Commissioners of New Hanover County hereby
ordains that Article IX, Monthly 911 Charge is amended by adding
Lhe following new section thereto:
Section 6-170. Sole 911 System.
The County shall be the sole provider af 911 service
throughout the geographic territory constituting New Hanover
County, inclusive of all areas wi thin municipal and political
entities ther.ein.
This the 1.lv day of ~;t,
, 1~92.
NEW HANOVER COUNTY
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~N ORDINANCF.
:)F THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, does hereby
ardain that Chapter 6, Article II, "Ambulance Service", of the New
Hanover County Code of Ordinances is hereby amended as follows:
Delete the underlined text and add the bold text to Section 6-
28. Required. Insurance.
No ambulance franchise shall be issued under this division,
nor shall such franchise be valid after issuance, nor shall any
ambulance or rescue vehicle be operated in New Hanover County
unless there is at all times in force and effect insurance coverage
issued by an insurance company licensed to do business in the State
of North Carolina for each and every ambulance or rescue vehicle
owned and/or operated by or for the ambulance service providing for
the payment of damages:
(1) The grantee shall maintain minimum automobile liability
limits of Five Hundred Thousand ($500,000) One Million
($1,000,000) Dollars per accident, combined single
limits, applicable to claims due to bodily injury and/or
property damage.
(2) The grantee shall maintain errors and omission liability
insurance with limits at least in the amount of Five
Hundred Thousand ($500,000). One Million ($1,000,000)
Dollars per occurrence in order to protect against claims
arising from the rendering or failure to render
professional medical services.
This the (f;~ day of ~~):{;.
an,
[SEAL]
ATTEST:
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the Board
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STATE OF NORTH CAROLINA
RECC'-C:Cu &. VERIF!ED
RE B r: G GA T. C H KI S T!1~OK
r~ E G ; .s T E R 0 FOE ii~
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PAGE
BEFO~ lrBEl. BOARD OF
COUNTY COMMISSIONERS
,l
COUNTY OF NEW HANOVER
, 92 SfP 17 Prl 3 15
In the Matter of Closing
A Portion of WESLEY AVENUE
in Hillsdale Subdivision
ORDER
It appearing to the Board of County Commissioners of New
Hanover County that a Resolution of Intent to close a portion of
WESLEY AVENUE was adopted by the County Con~issioners on the 3rd
day of August, 1992 and it further appearing that said resolution
called for a hearing to be held on the 8th day of September,
1992, at which time the County Commissioners would hear
complaints and comments of interested persons, and it further
appearing that notice of said hearing was published in the
Wilmington Star News Newspaper in accordance with the Road
Closing Ordinance of New Hanover County, and after conducting
such hearing !the County Commissioners are of the opinion that a
portion of WESLEY AVENUE in the County of New Hanover should be
closed and are satisfied that the closing of same is not contra~
to the public interest, and that no individual owning property ~
the vicinity of the roads will be deprived of reasonable means ~
ingress and egress to his property by such closing, the legct;b
description of said road being as follows:
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Beginning at a point in the northwestern right-Of-way line
of Wesley Avenue that is the southwestern corner of lot 1~
as shown on the plat of Hillsdale Subdivision: Section ;i;a ~
recorded in Plat Book 5, Page 14 of the New Hanover Coun~ ~
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Registry; extending from said point southeast 150 eet t.,.Q
the southeast corner of lot 117; thence south 50 feet to the
northwestern corner of lot 157 as shown on the plat of
Hillsdale Subdivision: Section 3, recorded in Plat Book 5
Page 14 of the New Hanover County Registry; then~e/from said
point 150 feet northwest to the northwest corner of lot 159,
Hillsdale Subdivision; thence from said point 50 feet north
to the point of beginning.
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NOW, THEREFORE, IT IS ORDERED AND DECREED that the above
described road be and the same is hereby closed. It is further
ORDERED that a copy of this order be filed in the Office of the
Register of Deeds of New Hanover County, North Carolina.
Adopted this the
of
1992.
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Ruth Jones
Anna M. Weber (Etal)
1. W. Stitt (Etux)
1. W. Stitt (Etux)
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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 6.5, Discrimination,
Article V, Discrimination in Housing, is hereby amended as follows:
1. In 6.5-64 of the Ordinance, change "Subdivision A. 6" to
"Subdivision A. 9".
2. Included in the definition of "Disabling Condition" the
following addition: "4. "Disabled Person" means a person with a
disabling condition."
3. Replace "Handicapped" with "Disabled" wherever it
appears.
4. Change Section 6.5-64 E.1. to read, "Provided under any
state or federal program that meets H.U.D. 's criteria specifically
designed and operated to assist elderly persons as defined in the
program. ("that meets H.U.D.'s criteria" is added).
5. Approve the following statement:
"'rhe New Hanover Human Relations Commission will follow, where
applicable in the processing of Fair Housing cases, the
content, prohibition and guidelines as set forth in 24CFR,
Parts 100 and 103, "Implementation of the Fair Housing
Amendments Act of 1988" and the "Fair Housing Accessibility
Guidelines" issued by the Department of Housing and Urban
Development."
This the ~{l'i-' day of .'d-t~)...L.
1
1992.
[Seal]
NEW HANOVER COUNTY
ATTEST:
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Clerk to the Board
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