CHAPTER 1 - DEFINITIONS AND INTERPRETATIONS

 

Section 1-1  Definitions........................................................................................................

Section 1-2  How Code Cited................................................................................................

Section 1-3  Matters Included in and Excluded from Code...................................................

Section 1-4  Effect of Repeal or Expiration of Code Provisions...........................................

Section 1-5  New Provisions Considered Continuations of Similar Existing Provisions........

Section 1-6  References to General Statutes that are Later Amended...................................

Section 1-7  Section Headings..............................................................................................

Section 1-8  Computation of Time.........................................................................................

Section 1-9  Delegation of Authority....................................................................................

Section 1-10  Penalties.........................................................................................................

Section 1-11  Severability.....................................................................................................

Section 1-12  Miscellaneous.................................................................................................

 

Section 1-1  Definitions.

 

(A)  Unless otherwise specifically provided or unless otherwise clearly required by the context, the words and phrases defined below shall have the meaning indicated when used in this code:

 

(1)  Board.  The Board of Commissioners of the Town of Blowing Rock.

 

(2)  Code.  The Code of Ordinances of the Town of Blowing Rock.

 

(3)  Person.  An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

 

Section 1-2  How Code Cited.

 

The ordinances embraced in this and the following chapters shall constitute and may be cited as “The Code of Ordinances of the Town of Blowing Rock” or more simply as “The Blowing Rock Town Code”.

 

Section 1-3  Matters Included in and Excluded from Code.

 

(A)  This code includes all ordinances intended to be continuing or permanent (with the following exceptions) and excludes all ordinances relating to boundaries, zones, or locations that must be shown on a map, as well as those ordinances intended to have only a temporary effect or that must be adopted on an annual basis.  Without limiting the foregoing, the code excludes the following:

 

(1)  The annual budget ordinance and any amendment thereto;

(2)  Any ordinance making an assessment;

(3)  Any ordinance opening, relocating, closing, altering or naming any street or alley;

(4)  Any ordinance relating to zoning map changes;

(5)  Any ordinance relating to the corporate limits;

(6)  Any ordinance relating to the classification, salaries, compensation or bonds of town officers or ­employees or members of boards or commissions;

(7)  Any franchise ordinance;

(8)  Any ordinance authorizing the issuance of bonds.

 

Section 1-4  Effect of Repeal or Expiration of Code Provisions.

 

(A)  The repeal of any provision of this code or its expiration by virtue of any provision contained herein shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding com­menced before the repeal took effect or the provision expired.

 

(B)  Whenever an ordinance that repeals a provision of this code is itself repealed, the previous code provi­sion shall not be revived without express words to that effect.

 

 

Section 1-5  New Provisions Considered Continuations of Similar Existing Provisions.

 

Whenever this code is amended by adopting new provisions, insofar as these new provisions are the same in substance as the previously adopted provisions they amend or supersede, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided.

 

Section 1-6  References to General Statutes that are Later Amended.

 

Whenever any provision of this code refers to or cites a section of the General Statutes of the State of North Carolina and that section is later amended or superseded, the code provision shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

 

Section 1-7  Section Headings.

 

The section headings of this code are intended as mere catchwords to indicate the contents of the sections and shall not be construed as part of the sections or as affecting the meaning or interpretation of the sections.

 

Section 1-8  Computation of Time.

 

(A)  Subject to subsection (C), the time within which an act is to be done shall be computed by excluding the first and including the last day.  If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.  When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.

 

(B)  Whenever a person has the right or is required to do some act within a prescribed period after the ser­vice of a notice or another paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.

 

(C)  Whenever a town administrator or other person is required to take certain action (e.g., mailing or publishing a notice) on or before a specified number of days prior to the occurrence of an event (e.g., a public hear­ing), then in computing such period, the day of the event shall not be included but the day of the action shall be included.  For example, if notice of a public hearing is required to be published at least ten days before the hear­ing, then notice published on the first of the month would be satisfactory for a hearing on the eleventh.  The pro­visions of subsection (A) of this section shall not apply to this subsection.

 

Section 1-9  Delegation of Authority.

 

Unless otherwise specifically provided, whenever a power, duty, function, or responsibility is assigned to a particular official or employee, such official may delegate the authority to exercise the power or perform the func­tion, but ultimate responsibility and accountability for the exercise of the power or performance of the function remains with the official or employee to whom such power or function is assigned.

 

Section 1-10  Penalties.

 

Penalties for violations of the various provisions of each chapter of this code are set forth in the respective chapters.  Except as set forth therein, it is not the intention of the Board to make a violation of any provision of this code a criminal offense or to provide for any other penalty.

 

Section 1-11  Severability. 

 

It is hereby declared to be the intention of the Board that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any such section, paragraph, sentence, clause or phrase is declared un­constitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this code since the same would have been enacted by the Board without the incorporation in this code of any such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.

 

Section 1-12  Miscellaneous.

 

(A)  Words importing the masculine gender include the feminine and neuter.

 

(B)  Words used in the singular include the plural and words used in the plural include the singular.

 

(C)  Whenever a section, subsection, subdivision, or sentence begins with "As provided in G.S. ___________”, what follows is a summary of the General Statute section cited.  It is included for information only, and any viola­tion of the cited section will be punished as provided by state law.