ADOPTION OF CODE

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An ordinance adopting a revision and codification of the ordinances of the Town of North Wilkesboro, entitled "The Code of the Town of North Wilkesboro, North Carolina," providing for the repeal of certain ordinances not included therein, with certain exceptions, and for other purposes hereinafter set out.

Be it ordained by the Board of Commissioners of the Town of North Wilkesboro:

Section 1. There is hereby adopted by the Board of Commissioners that certain Code entitled "The Code of the Town of North Wilkesboro, North Carolina," containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 19, both inclusive, of which Code not less than one copy has been and is now filed in the office of the Town Clerk.

Section 2. The provisions of such Code shall be in force on and after April 7, 1971, and all ordinances of a general and permanent nature adopted on final reading and passage on or before October 6, 1970, and not contained in such Code are hereby repealed from and after April 7, 1971, except as hereinafter provided.

Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before April 7, 1971; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to April 7, 1971; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the town or authorizing the issue of any bonds of the town or any evidence of the town's indebtedness or any contract or obligation assumed by the town; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the Board of Commissioners on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the officers or employees; nor shall it affect any ordinance annexing territory to the town; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the town, nor shall it affect any ordinance relating to the Zoning Map or the transfer of any property or area from one zoning district to another; nor shall it affect any ordinance adopted on final reading and passage after October 6, 1970; nor shall it affect any of the following ordinances or amendments thereto:

(1)

Those which establish one-way streets, through streets, safety zones, parking meter zones, prohibited or restricted parking zones, schools zones, zones of quiet, stop intersections, yield intersections, or other prohibitions or restrictions upon the use of vehicles upon the streets of the town, as established by official traffic control devices in place on the effective date of this ordinance; or which authorize or direct that traffic-control devices be erected, installed or implaced within the town; (2) those which levy, assess, impose or define any license or privilege tax upon persons engaged in any business, calling, trade, profession, occupation, avocation or activity within the town; (3) the classification plan mentioned in section 1, article two of the Personnel Ordinance adopted July 1, 1965; (4) the "schedule of salary ranges" and the table "assignment of classes to salary ranges" attached to section 1, article 3 of the Personnel Ordinance adopted July 1st, 1965; (5) the "salary conversion schedule" attached to section 3, article 3 of the Personnel Ordinance adopted July 1, 1965; or (6) "Plate 1" as attached to and made a part of section 3 of the driveways ordinance adopted July 7, 1960.

Section 4. Whenever in the Code adopted by this ordinance or in any other ordinance or resolution of the Board of Commissioners or in any rule, regulation, notice or order promulgated by any officer or agency of the town under authority duly vested in him or it any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance or resolution of the Board of Commissioners or such rule, regulation, notice or order shall be punished by a fine not exceeding fifty dollars or imprisonment for a term not exceeding thirty days.

Except where otherwise provided, every day any violation of such Code or any other ordinance or resolution of the Board of Commissioners or such rule, regulation, notice or order shall continue shall constitute a separate offense.

Section 5. It is hereby declared to be the intention of the Board of Commissioners that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted.

Section 6. The Town Clerk shall cause this ordinance to be advertised in one issue of some newspaper in the town, together with a notice stating that a copy of the new code of the Town of North Wilkesboro, North Carolina, as adopted by this ordinance, is on file in the office of the Town Clerk and at two other places in the town for inspection and use by the public during all regular business hours.

Adopted this 30th day of March, 1971.

TOWN OF NORTH WILKESBORO

/s/ George C. Wiebel

Mayor

Attest:

/s/ J. M. Bentley, Jr.

Town Clerk