CODE OF THE CITY OF RALEIGH, NORTH CAROLINA

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THE CHARTER AND
THE GENERAL ORDINANCES
OF THE CITY

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Ordained and Published by
Order of the Council

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Originall Published in 1980 By:

THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES
1010 Raleigh Building
Raleigh, North Carolina

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Supplemented Since 1980 and Republished in 1993 By:

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CURRENT
CITY OFFICIALS

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MAYOR
 
Charles C. Meeker

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COUNCIL
 
Mary-Ann Baldwin, Mayor Pro Tem (10/19/10—4/30/11)
Thomas G. Crowder
Bonner Gaylord
Nancy McFarlane, Mayor Pro Tem (5/1/11—12/5/11)
John Odom
Russ Stephenson
Eugene Weeks

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CITY ATTORNEY
 
Thomas A. McCormick

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CITY MANAGER
 
J. Russell Allen

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CITY CLERK-TREASURER
 
Gail G. Smith

CITY OFFICIALS
AT TIME OF PUBLICATION
(1980)

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MAYOR
 
Isabella W. Cannon

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COUNCIL
 
Miriam P. Block
S. Tony Jordan, Jr.
William R. Knight
Edward A. Walters
William H. Wilson, Mayor Pro Tem
James B. Womble
G. Smedes York

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CITY ATTORNEY
 
Thomas A. McCormick

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CITY MANAGER
 
L.P. Zachary, Jr.

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CITY CLERK-TREASURER
 
Gail G. Smith

FOREWORD

This Code of Ordinances for the City of Raleigh was originally provided by the North Carolina League of Municipalities as part of its services program. Technical staff assistance was provided by Public Research and Management, Inc., of Atlanta, Georgia, which was responsible for the organization, codification, indexing and printing of the Code.

The Code consists of:

The Charter, followed by a tabulation of all local acts affecting the City of Raleigh:

The Code of Ordinances, which includes citations referring to the official source and date of original ordinances, and those without citations representing new ordinances.

This Code is designed to serve as a complete compilation of ordinances and as a reliable reference guide. The parts, chapters and articles of the Code follow in logical order. The table of contents, the sectional analysis at the beginning of each chapter and the indices provided sufficient points of reference for all elements of the code.

Supplements will be published to keep the Code current. The supplements are printed in loose-leaf form so that all new ordinances may be inserted on a regular basis.

Beginning with Supplement No. 3, 3-82, the Code was published by the editorial staff of the Municipal Code Corporation, Tallahassee, Florida.

In 1993, the Code was republished in a new format, using the format of the 1992 Zoning Ordinance, included as Part 10, Chapter 2. This republication was under the supervision of A. Lawton Langford, President, and John Welch, Editor, of the Municipal Code Corporation.

ORDINANCE NO. (1979)-262

AN ORDINANCE REVISING AND CONSOLIDATING THE ORDINANCES
OF THE CITY OF RALEIGH, NORTH CAROLINA

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RALEIGH AS FOLLOWS:

Section 1. Adoption of Code.

The ordinances included in the volume entitled "THE CHARTER AND CODE OF ORDINANCES CITY OF RALEIGH" and set out immediately following DIVISION I, THE CHARTER and designated as DIVISION II, Parts 1 through 14, inclusive, are hereby adopted as the official "CODE OF ORDINANCES OF THE CITY OF RALEIGH, NORTH CAROLINA," subject to the revisions herein enacted and incorporated into the CODE, and other provisions of this ordinance.

Section 2. Repeal of prior ordinances.

All ordinances of a general and permanent nature of the City enacted on or before January 1, 1979 and not included within this Code, or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except as provided in section 4.

Section 3. Continuation of prior ordinances.

To the extent that ordinances or portions of ordinances included within this code are the same in substance as ordinances in effect prior to the adoption of this code, it is intended that they be treated as continuations and not as new enactments or amendments, in order that all rights and liabilities that have accrued are preserved and may be enforced.

Section 4. Ordinances not affected.

This code of ordinances contains all of the general and permanent ordinances of the City of Raleigh, but it does not contain, and is not intended to repeal or affect, the following classes of ordinances or actions having the effect of ordinances:

1.

Annexation ordinances;

2.

Budget ordinances or amendments thereto;

3.

Bond orders and ordinances;

4.

Ordinances granting a franchise;

5.

Ordinances or resolutions pertaining to the exercise of the power of eminent domain;

6.

Ordinances or resolutions pertaining to the levy of special assessments;

7.

Ordinances amending the charter of the City of Raleigh, pursuant to article 5, part 4 of chapter 160A, General Statutes of North Carolina.

8.

Ordinances, resolutions or orders naming, renaming or closing a street;

9.

Ordinances or resolutions establishing or amending the boundaries of wards or election districts;

10.

Ordinances establishing or amending the boundaries of zoning districts;

11.

Resolutions of any type;

12.

Ordinances establishing or amending a position classification and pay plan for municipal employees; and

13.

Ordinances of any type which are not normally or customarily codified, including but not limited to, ordinances of limited interest or ordinances of a transitory nature.

Section 5. Privilege license tax schedule.

There is hereby adopted and incorporated by reference into the official Code of Ordinances of the City of Raleigh as provided by section 2-2031 thereof a "SCHEDULE OF PRIVILEGE LICENSE TAXES." Such schedule shall be in full force and effect following the effective date of this ordinance, as though fully set forth herein. The official "SCHEDULE OF PRIVILEGE LICENSE TAXES," as the same may be amended from time to time by the City Council, shall be kept and maintained in the offices of the Revenue Collector and the City Clerk, respectively, as a "technical ordinance" pursuant to G.S. 160A-76.

Section 6. Traffic and parking schedule.

There is hereby adopted and incorporated by reference to the official Code of Ordinances of the City of Raleigh as provided by section 11-2004 thereof a "SCHEDULE OF TRAFFIC AND PARKING REGULATIONS." Such schedule shall be in full force and effect following the effective date of this ordinance, as though fully set forth herein. The official "SCHEDULE OF TRAFFIC AND PARKING REGULATIONS," as the same may be amended from time to time by the City Council, shall be kept and maintained in the offices of the Transportation Director of the City Clerk, respectively, as a "technical ordinance" pursuant to G.S. 160A-76.

Section 7. Revisions upon adoption.

The following revisions, corrections, modifications and amendments are hereby enacted and adopted into the official Code of Ordinances.

Editor's note: As part of the ordinance adopting the revised Code of Ordinances for the City, textual changes were made in §§ 2-3001, 8-2031, 6-1002, 10-1002, 10-4005, 10-4008, 7-2002, and 10-3022. These changes are incorporated into the relevant text of each respective ordinance, and are not codified here.

Section 8. Vested rights.

No provision of this ordinance is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

(a)

No vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provision of any ordinance repealed by the adoption of this Code.

(b)

Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any ordinance repealed by the adoption of this code.

Section 9. Pending actions.

No action or proceeding of any nature (whether civil or criminal, judicial or administrative or otherwise) pending on the effective date of this ordinance by or against the City of Raleigh or any of its departments or agencies shall be abated or otherwise affected by the adoption of this code.

Section 10. Severability.

If any portion of this code or other application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.

Section 11. Later ordinances.

Ordinances which are adopted after January 1, 1979 shall be forwarded to the North Carolina League of Municipalities for codification into this volume. The League, as directed by the City Attorney, is hereby authorized to make all necessary editorial changes to codify such ordinances appropriately.

Section 12. Copies of code.

A copy of this code shall be kept on file in the office of the city clerk and it shall be the express duty of the clerk, or someone authorized by the clerk. to insert in their designated places all duly adopted amendments to this code, and to extract from this code all provisions which may be from time to time duly repealed. A copy of this code shall be available for all persons desiring to examine it during reasonable times, under the supervision of the city clerk.

Section 13. Tampering or defacing code unlawful.

It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this code, or to alter or tamper with the code in any manner whatsoever which will cause the ordinances of the City of Raleigh to be misrepresented thereby. Any person violating this section shall be guilty of a misdemeanor, and shall be punished as provided in section 14-4 of the General Statutes of North Carolina.

Section 14. Effective date.

This ordinance, and the code of ordinances which it adopts, shall be in full force and effect from and after the 9th day of January, 1980.

Adopted: November 20, 1979

Effective: January 9, 1980

By: /s/ Isabella W. Cannon    
       Mayor

ATTEST:

/s/ Gail G. Smith        
       Clerk