Article  I.  Board of Commissioners

 

Section  1-1  Regular Meetings

The Board of Commissioners shall regularly meet on the second Monday in each month at 7:30 p.m. in the Town Hall, or such other place within the Town as may be designated.

 

 

Section  1-2  Special Meetings

Special meetings of the Board may be called by the Mayor when deemed necessary, and shall be called upon the written request of a majority of the Commissioners.  All commissioners not present at a special meeting shall be notified.

 

 

Section  1-3  Adjourned Meetings

If a quorum shall fail to attend any regular or special meeting, or if for any reason such meeting shall fail to complete transaction of the business before the meeting, said meeting may be adjourned to any date prior to the next regular meeting, agreed upon by a majority of the members present.

 

 

Section 1-4  Quorum

A majority of the members of the Board of Commissioners shall constitute a quorum for the transaction of business.

 

 

Section 1-5  Presiding Officer

The Mayor, when present, shall preside at meetings of the Board.  In the absence of the Mayor, the Mayor Pro Tempore, when present, shall preside.  In the absence of both the Mayor and the Mayor Pro Tempore, a Chairman Pro Tempore shall be chosen by the Board to preside.

 

 

Section 1-6  Record of Proceedings

The Town Clerk shall make a record of all proceedings at meetings of the Board, and shall preserve such record in a book maintained for that purpose.  In the absence of the Town Clerk or in case of a vacancy in that office, an Acting Clerk may be appointed to make such record.

 

 

Section 1-7  Order of  Business

The order of business at all regular meetings of the Board shall be as follows:           

1. Call to order.
2. Reading of minutes of last meeting.
3. Additions or corrections to minutes.
4. Reports of Committees.
5. Reports of Officers.
6. Unfinished business.
7. Reading communications.
8. New business.

 

If the Board directs any matter to be the special business of a future meeting, the same shall have precedence over all other business at such meeting.

 

 

Section  1-8  Conduct of Meeting

Meetings of the Board shall be conducted in accordance with the following:

1. No proposition shall be entertained by the presiding officer until it has been seconded.
2. Every proposition shall, when requested by the Mayor or any member, be reduced to writing.
3. The previous question may be called at any time by a majority of the members present. The ayes and noes may be called for by any member.
4. When a question is under consideration, no motion shall be received except the following, which shall have precedence in the order named:

1. To lay on the table.
2. To postpone to a time certain.
3. To postpone indefinitely.
4. To refer to a committee.
5. To amend.
6. To strike out or to insert.
7. To divide.
8. A motion to adjourn shall always be in order and shall be decided without debate. 

 

 

Article  II.   Mayor and Mayor Pro Tempore

 

Section  1-12  Vote of Mayor

When there is an equal division of the Board upon any question or in the election of officers, the Mayor may vote to break the tie, but he shall have no vote under any other circumstances.

 

 

Section  1-13  Duties or Mayor

It shall be the duty of the Mayor to:

Preside over all meetings of the Board of Commissioners.

1. Vote in case of a tie.
2. Keep himself informed as to all matters affecting the government of the Town.
3. Sign, with the Clerk and Treasurer, all warrants or orders for the payment of public funds.
4. Make such recommendations as he deems necessary or expedient to the Board of Commissioners from time to time.
5. Sign all ordinances approved by him and state in detail his reasons to the Board for refusing to sign any ordinance.
6. Appoint such committees as he or the Board of Commissioners shall from time to time deem necessary for the proper and efficient government of the Town.
7. Perform such other duties as the nature of his office may require.
8. Shall be acting Chief of Police of the Town of Hertford during any interval in which the regular Chief of Police is absent from his duties, due to vacation, illness, or any other reason.

 

 

Section  1-14  Duties of Mayor Pro Tempore

In the absence of the Mayor, the Mayor Pro Tempore shall preside at meetings of the Board of Commissioners and perform all others duties of the Mayor, but shall still have a right to vote on all matters.

 

 

Article  III.   Code and Ordinances  

 

Section  1-18  Official Code

This Code shall at all times be kept up to date, and shall be the Official Code of the Town of Hertford.

 

 

Section 1-19  Repeal or Ordainment of Chapters, Articles, or Sections

Not more than one chapter, article, or section of the Code shall be amended, repealed, or ordained by any one ordinance, unless such chapters, articles, or sections are consecutive.

 

 

Section 1-20  Proposed Ordinances

Every ordinance amending or repealing any ordinance, and every new ordinance, shall be proposed in writing, signed by the Commissioner presenting the same, and approved as to form by the Town Attorney.

 

 

Section 1-21  Amending Ordinances

If the Board shall desire to amend any existing article or section of this Code, said article or section shall be specifically repealed and a new article or section, containing the desired amendment, substituted in its place.

 

 

Section 1-22  Supplementing Ordinances

Any ordinance which is proposed to add to the existing Code a new chapter, article, or section shall indicate, with reference to the arrangement of this Code, the proper number of such chapter, article, or section.  In addition to such indication thereof as may appear in the text of such proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

 

 

Section 1-23  Effective Date of Ordinances

No ordinance shall be in force until it has been advertised at three public places in the Town for a period of five days.

 

 

 ARTICLE  IV.   TOWN CLERK

Section 1-25  Appointment and Compensation of Town Clerk

The Board of Commissioners shall appoint some qualified person to serve as Town Clerk, and shall fix his compensation.

 

 

Section 1-26  Duties of Town Clerk

It shall be the duty of the Town Clerk to:

1. Attend all meetings of the Board of Commissioners.
2. Keep a correct record of all the proceedings of the Board of Commissioners.
3. Perform the duties of the municipal accountant in accordance with the provisions of the Municipal Fiscal Control Act.
4. Perform all duties incident to the collection of the town taxes, pursuant to G.S. 105-373, in accordance with the provisions of the Machinery Act.
5. Keep the Board of Commissioners advised of the financial condition and future needs of the Town.
6. Prepare and submit to the Board of Commissioners the annual budget estimate.
7. Prepare and submit to the Board of Commissioners such reports as may be required by that body.
8. Perform such other duties as may be required of him by ordinance or resolution of the Board of Commissioners.

 

 

Article V.   Town Attorney

 

Section  1-30    Appointment and Compensation of Town Attorney

The Town Attorney shall be appointed by the Board of Commissioners, who shall also fix his compensation.

 

 

Section 1-31 Duties of Town Attorney

It shall be the duty of the Town Attorney to:

1. Prosecute and defend suits for and against the Town.
2. Advise the Mayor, Board of Commissioners, or any other official of the Town with respect to matters connected with the affairs of the Town.
3. Attend all meetings of the Board of Commissioners.
4. Draw all legal documents connected with the affairs of the Town.
5. Draw proposed ordinances when requested to do so.
6. Inspect and pass upon all agreements, contracts, franchises, and other instruments in which the Town may be concerned.
7. Perform such other duties as may be required of him by virtue of his position as Town Attorney.

Article I.  Fire Department

Section 2-1  Organizations

The Fire Department shall consist of a Chief, an Assistant Chief, and a sufficient number of firemen (voluntary, part time, or full time) to maintain and operate the Department.  The Department shall be under the general supervision of the Board of Commissioners.

 

 

Section 2-2  Compensation of Firemen

Compensation of the officers and members of the Fire Department shall be fixed in the discretion of the Board of Commissioners.

 

 

Section 2-3  Rules Governing Fire Department

The Department shall make such rules for its government as it deems necessary, not inconsistent with the laws of the State or the ordinances of the Town.  The department will offer to its members not less than 48 hours of drills and meetings per year, and each member is required to attend at least 36 hours of all drills and meetings in each calendar year.  At the end of each calendar year any member who does not meet the required number of hours shall be suspended from the department. A hearing by the department officers and the Commissioners of the Town of Hertford shall be held within 30 days after suspension before a member can be reinstated to the department membership roster.

 

 

Section 2-4  Authority of Fire Chief

The Chief or in his absence the Assistant Chief, shall command the Fire Department, and his orders shall be obeyed.  If, in the opinion of the Chief, a member of the department is guilty of misconduct or of violation of orders, the Chief shall immediately prefer charges against the member before the Board of Commissioners who will hear the matter and render a decision which shall be final.  The Chief of the department shall have power to suspend the member charged upon the preferring of charges, which suspension shall be in effect until a final determination of the matter by the Board of Commissioners.

 

 

Section 2-5  Duties of Fire Chief

It shall be the duty of the Fire Chief to:

1. supervise and direct the extinguishing of fires,
2. preserve and keep all fire engines, hose, and other apparatus used by the Department,
3. keep all idle, disorderly, and suspicious persons out of the vicinity of fires,
4. compel, when necessary, all persons to aid in the extinguishing of fires, and in the preservation of property exposed to fire, and prevention of the theft of any goods during the fire.
5. enforce such regulations for the prevention and extinguishing of fires as may be enacted by the Board of Commissioners,
6. report all violations of any fire prevention ordinances,
7. inspect all equipment of the Department and report all needed repairs to the Board of Commissioners,
8. annually report to the Board of Commissioners the names, residences, and occupations of all firemen; the number and locality of all fires which have occurred during the year, the cause of each if such can be ascertained, the names of the owners and the value of all property; and such other matters pertaining to the Fire Department, its organization and operations as may be required.
9. act as Fire Inspector and as such shall have authority to enter all buildings at any reasonable time for the purposes of inspection.
10. perform such other and further duties as may be necessary for the proper and efficient operation of the Fire Department and the prevention of fires.

 

 

Section 2-6  Responses to Calls From Other Municipalities & County Departments

The sending of Town fire equipment to other municipalities upon the request of officials of such municipalities upon the request of officials of such municipalities shall be in the discretion of the Fire Chief.

 

 

Section 2-7  Fire Chief May Deputize Citizens

During the continuance of any fire, the Fire Chief or Assistant Chief shall have the power to call on any and all persons to assist in extinguishing a fire, in pulling down or blowing up any building on fire or in danger, and in making arrests; provided, however, that no building shall be blown up, pulled down, or in any way damaged or destroyed without the consent of the Fire Chief or Assistant Chief.

 

 

Section 2-8  Right - of - Way

In the event of an alarm of fire, the apparatus of the Fire Department shall  have the right-of-way in and upon the streets, lanes, alleys, squares, and crossings in answering such alarm.  It shall be unlawful for any person to fail or refuse to yield the right-of-way to the Fire Department when responding to an alarm.

 

 

Section 2-9 Traffic Must Stop      

Whenever a fire alarm is given and upon the approach of fire equipment, all vehicles shall immediately drive to the right as near as possible to the curb at the point where they may be at the time and stop until the fire equipment has been passed; provided, however, that the driver of any vehicle may, upon the request of any member of the Fire Department, take such member to the scene of the fire without observing the regulation herein.

 

 

Section 2-10  Congregation at Fires

It shall be unlawful to congregate on the streets or alleys or blocks next to a fire in such a manner as will interfere with the Fire Department in the performance of its duties.

 

 

Section 2-11  False Alarm

It shall be unlawful for any person to give or cause to be given any false alarm of fire.

1. Definitions: For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: 
   1. Alarm System Business: Any person who sells or leases and installs, services or maintains automatic protection devices, signaling devices or automatic protection systems that transmit alarms upon receipt of a stimulus from a detection apparatus.
   2. Automatic Protection Device: Any mechanical or electrically operated device designed to monitor and/or detects fire, unauthorized intrusion or an emergency situation.
   3. Automatic Protection System: Any mechanical or electrically operated installation consisting of an automatic protection device or devices and/or signaling device which detects emergency situations and transmits a warning signal by any means.
   4. Emergency Situation: That situation which a particular automatic protection device is designed to monitor and/or respond to by transmitting a signal to a signaling device.False Alarm: A visual and/or audible signal transmitted by a signaling device which indicates the existence of an emergency situation when in fact no such emergency situation exists; or a visual and/or audible signal transmitted by a signaling device which is not a supervisory function of that device.
   5. Signaling Device: One or more of the following:
      1. Any electrically operated instrument that automatically transmits a voice alarm or electronic pulse over regular telephone lines upon detection of a fire, unauthorized intrusion or other emergency situation.
      2. An electrically operated instrument that automatically transmits a signal over leased, dedicated telephone line to a receiver upon detection of a fire, unauthorized intrusion or other emergency situation.
      3. An electrically operated instrument which automatically transmits or produces a visual or audible signal upon detection of a fire, unauthorized intrusion or other emergency situation at the protected premises.
2. Permits
   1. Required No automatic protection system which utilizes a signaling device as defined shall be installed until a permit has been obtained in the name of the owner of the premises by either the owner of the premises or an alarm system business which services or maintains the automatic protection system, and no automatic protection system which utilizes a signaling devices defined shall be operated until a permit has been obtained in the name of the owner of the premises by either the owner of the premises or an alarm system business which services or maintains the automatic protection system.
   2. Applications. Applications for permits shall be filed with the Town Police Department on a form supplied by the Department.
   3. Issuance. Upon approval of the application for a permit by the Chief of Police, the permit shall be issued in the name of the owner and Identify the type of signaling device utilized by the automatic protection system, the address of the location of such system and containing the following hold harmless statement:

      “The owner of the premises for which this permit is issued, by his acceptance thereof, agrees for himself, his lessees, agents, heirs, successors and assigns that for so long as an automatic protection system is installed on the premises he shall hold the Town of Hertford harmless and the Town of Hertford, its agents and employees shall not be liable for any damage to the premises caused by the entry of any member of the Hertford Police Department or Volunteer Fire Department or its members in response to an alarm initiated by the automatic protection system.”

   4. Right of Inspection. The Chief of Police and Fire Chief or their designee shall have the right to inspect at reasonable times any automatic protection system on the premises where it is installed.
   5. Revocation. If it is determined that the automatic protection system under such permit has been installed or operated in violation of the provisions of this ordinance, then the Chief of Police may revoke or suspend any permit issued pursuant to the provisions of this ordinance, after giving written notice, by certified mail, to the permit holder and an opportunity for the permit holder to be heard.
   6. Appeal. A permit holder shall have the right to appeal any determination or decision by the Chief of Police to revoke a permit to the Town Manager. 
3. False Alarms.
   1. Responsibility. Each permitted owner of an automatic protection system or signaling device shall be responsible for any false alarm transmitted by such system or device ice.
   2. Records. The Police Department shall maintain a record of all false alarms transmitted and, pursuant to the required notice and opportunity to be heard, may revoke or suspend the permit for the operation of any automatic protection system involved in the transmission of false alarms in excess of 1 such alarm per calendar month.
4. Limit of Town Liability
   1. The Town assumes no liability for any defects in the operation of automatic protection devices and signal device systems, or for any failure or neglect to respond appropriately upon receipt of an alarm from such a source, or for the failure or neglect of any person in connection with the installation and operation of equipment, the transmission of alarm signals and pre-recorded alarm messages or the relaying of such signals and messages.
   2. Neither the Town, the Hertford Volunteer Fire Department, Police Department, nor any member thereof acting in his official capacity shall be liable for damage to any premises caused by entry to the premises in response to an alarm generated by an automatic protection system.
5. Enforcement
   1. A civil penalty as provided herein may be imposed upon any owner who installs or operates a detection system without a valid current permit.
   2. A civil penalty as provided herein may be imposed upon an owner with a detection system, which transmits more than l false alarm per calendar month.
   3. A civil penalty as provided herein shall be the sum of $50.00 for failing to obtain or renew the permit required herein and the sum of $50.00 for the second false alarm during any calendar month and the sum of $100.00 for the third and subsequent false alarms during any calendar month. A civil penalty shall be enforceable in a civil action in the nature of debt if the owner does not pay the civil penalty within 20 days after he has been notified of his non-compliance. Each day’s operation of a detection system without a valid permit as provided herein shall be a separate and distinct defense for which a civil penalty as provided herein shall be imposed.

 

 

Section 2-12  Interfering with Firemen or Equipment

It shall be unlawful for any person to interfere with a fireman in the discharge of his duties, to loiter about the fire station, or to tamper with any fire equipment or apparatus or the fire alarm system.

 

 

Section 2-13  Driving Over Fire Hose

It shall be unlawful for any person to drive any vehicle over any fire hose.

 

 

Section 2-14  Only Firemen and Policemen May Ride Fire Trucks

No person other than members of the Fire and Police departments shall ride upon or in any fire engine, wagon, or apparatus at any time, unless by permission of the driver or officer in charge.

 

 

Section 2-15  Fire Equipment Not to Leave Town; Exceptions

No fire truck or other apparatus of the Fire Department shall leave the Town except with the consent of the Fire Chief.

 

 

Section 2-16  Auxiliary Firefighter Program

The Fire Department may establish an Auxiliary Firefighter Program with rules and regulations to be promulgated by the Department.

 

 

Article II. Fire Hazards

Section 2-20  Burning of Trash

No person, firm, or corporation shall burn or allow to be burned on his or its premises, or on the street or sidewalk adjoining same, any leaves, trash, debris or other materials, unless the same is enclosed in a container, solid or perforated; provided that this section shall not apply in situations where an individual, firm, or corporation has obtained from the Fire Chief a special permit granting said individual or corporation the right to burn trash, leaves, debris and other materials on a certain day at a certain place and at a given hour; provided further this section shall not apply where a person burns trash or leaves on his own premises under his personal supervision and attention.

 

Section 2-21  Permit Required for Bonfire

No person shall kindle or maintain any bonfire, or knowingly furnish material for such fire, or authorize any such fire to be kindled or maintained on or in any street, alley, road, lane or other public ground or upon any private lot within the Town unless a written permit authorizing such fire shall be construed to prohibit the burning to trash upon any private lot when such burning is done in conformity with Section 3-20.

 

 

Section 2-22  Encumbering Fire Exits

No person shall at any time place any encumbrance of any kind before or upon any fire escape, balcony, or ladder intended as a means from fire.

 

 

Section 2-23  Lots Kept Free From Fire Hazards

It shall be unlawful for any person to permit rubbish, refuse, or articles of a combustible or inflammable nature to accumulate or remain on any lot or premises.

 

 

Section 2-24  Storage of Explosives

1. It shall be unlawful for any person, firm, corporation, or any type of business, to keep, store, or use, dynamite, caps, or other explosives, within the corporate limits, except as permitted in subsection (2) of this Section.
2. A firm, store, or mercantile business, when properly licensed to do so, may keep or store on its premises, not to exceed one (1) case of dynamite of approximately one hundred (100) sticks, and sufficient caps for the one case of dynamite, at any time.
   
   

 

 

Article III.  Fire Prevention Code

Section 2-30   Adoption of Fire Prevention Code

There is hereby adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters, being particularly the 1960 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been and now are filed in the office of the Town Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the Town.

 

 

Section 2-31  Bureau of Fire Prevention

1. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Town, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
2. The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Mayor and Board of Commissioners on the basis of examination to determine his qualification.His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause after public trial.
3. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary.The Chief of the Fire Department shall recommend to the Mayor and Board of Commissioners the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position.The examination shall be open to members and non-members of the Fire Department, and appointments made after examinations shall be for an indefinite term with removal only for cause.
4. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Mayor; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the Code which, in his judgment, shall be desirable.

 

 

Section 2-32  Definitions

1. Whenever the word “Municipality” is used in the Fire Prevention Code, it shall be held to mean the Town of Hertford.
2. Wherever the term “Corporation Counsel” is used in the Fire Prevention Code, it shall be held to mean the Attorney for the Town of Hertford.

 

 

Section 2-33  Limits of Districts in which Storage of Flammable Liquids in Outside Above Ground Tanks is to be Prohibited

1. The limits referred to in section 16.51 of the Fire Prevention Code in which storage of flammable liquids in outside above-ground tanks is prohibited, are hereby established as follows:all areas in the Town of Hertford that are zoned as residence or business.
2. The limits referred to in section 16.51 of the Fire Prevention Code in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: all areas in the Town of Hertford that are zoned as residence or business.

 

 

Section 2-34   Limits in Which Bulk Stores of Liquefied Petroleum Gases is to be Restricted

The limits referred to in section 21.6-a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established in the Town of Hertford, as areas that have been zoned as Industrial.

 

 

Section 2-35  Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited

The limits referred to in section 12.6-b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as being all the areas within the Town limits.

 

 

Section 2-36  Modifications

The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done.  The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

 

 

Section 2-37   Appeals

Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Mayor and Board of Commissioners within thirty (30) days from the date of the decision appealed.

 

 

Section 2-38  New Material, Processes or Occupancies that may Require Permits

The Town Clerk, the Chief of the Fire Department, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code.  The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

 

 

Sections 2-39  Penalties

1. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply therewith, or who shall violate or fail to comply with any order made there under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Mayor and Board of Commissioners or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable as provided in the Chapter of this Code of Ordinance relating to penalties.The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

 

 

Sections 2-40  Severability

The Board of Commissioners hereby declares that should any section, paragraph, sentence, or word of this Article or of the code hereby adopted be declared for any reason to be invalid, it is the intent to the Board of Commissioners that it would have passed all other portions of this Article independent of the elimination here from of any such position as may be declared invalid.

 

 

Article  IV.  Fire Limits

Section 2-45  Fire Limits Established

The Fire Limits of the Town are hereby established as including all of the central area of the Town that is zoned for business uses.

 

 

Section 2-46  Construction Within Fire Limits Regulated

No frame or wooden building may be erected, altered, extended, or moved from without to within the fire limits as established, except as provided in Section 3-47 of this Article.

 

 

Section 2-47  Minor Repairs Within Fire Limits

Minor repairs and alterations to frame or wooden residences within the fire limits shall be allowed if a permit therefore has been issued by the Building Inspector upon the approval of the Insurance Commissioner of the State of North Carolina.

Article I.  Damaging Streets and Sidewalks

 

Section 3-1  Permit to Dig in Streets

It shall be unlawful for any person, firm, or corporation to dig any hole, ditch or excavation of any kind whatsoever, on any street in the Town without first securing a permit therefore in writing from the Street Superintendent.

 

 

Section 3-2  Sidewalk Construction

No sidewalk of any description shall be built by any individual, firm or corporation, of any brick, wood, or other material without a written permit from the Street Superintendent.

 

 

Section 3-3  Openings to be Filled by Town

All openings made in any street or sidewalk under the provisions of this Article shall immediately upon completion of the work be filled in and the surface thereof made flush with the adjacent surface.  Any hard surface, macadam, or asphalt removed shall be replaced by the Town at the expense of the applicant granted permission to open said street or sidewalk.

 

 

Section 3-4  Excavations -- Leaving Unprotected

It shall be unlawful for any person, firm, or corporation making any excavation for any purpose whatsoever in any of the streets or sidewalks to fail to securely cover such excavations with plank or place ropes around the same three feet from the ground or shall fail to place a sufficient number of red lights around such excavation before dark and to keep such light burning all night every night such excavations shall be open.

 

 

Section 3-5  Streets Not to be Damaged

It shall be unlawful for any person, firm or corporation to drag, or run, or cause to be dragged or run any harrow or other implement, engine, machine or tool upon any asphalt, batholithic, warrenite, or other permanently paved street of the Town which shall be liable, in any way to injure or cut the surface thereof.  It shall also be unlawful to injure any dirt street in the same manner.

 

 

Section 3-6  Damage to Bridges and Culverts

No person shall injure or misplace any part of any bridge, culvert, ditch and drain or other property belonging to or used by the Town or place any obstruction in any culvert, ditch or drain, to prevent the free flow of water on or over the streets of the Town.

 

 

Section 3-7  Damage to Lights, Signs

No person shall injure, tamper with, remove or paint upon or deface any sign, sign post, street light, traffic signal or bulletin board or other municipal property upon the streets and sidewalks except employees of the Town in performance of their official duties.

 

 

Section 3-8  Driving Through Street Barricades

No person shall drive any vehicle of any kind into or upon any alley or street, which has been barricaded by the Town.

 

 

 

Section 3-9  Removal of Barricades Forbidden

No person other than a Town employee shall remove, tear down, or destroy any barricade erected by the Town.

 

 

 

Article II. Obstructing Streets and Sidewalks 

 

Section 3-14  Display Goods Prohibited

No person shall place for display or sale any goods, wares or merchandise of any kind upon any of the sidewalks of said Town, which shall extend out on the sidewalks more than one third of the width of said sidewalks.

 

 

Section 3-15  Placing Objects on Streets and Sidewalks

No brick, stone or wood or other substance obstructing the free passage of persons and vehicles shall be placed or suffered to lie in any of the alley ways, streets or other routes of the Town, nor shall any person place on or in any of the streets, sidewalks or alley ways of the Town any boxes, crates, casks, or barrels of any description, or any other obstruction of any kind.  Provided that any person erecting a building, may with permission of the Town Manager place building material for immediate use on the streets in such a way as to not interfere with the usual traffic.

 

 

Section 3-16  Construction Near Sidewalk

Before building or remodeling at any place where the same is in close proximity to the sidewalk, an overhead covered passageway shall be constructed so as to leave the sidewalk unobstructed and provide safe and easy passage, provided a permit for such has been issued by the Building Inspector.

 

 

Section 3-17  Sheds and Awnings

No persons shall erect or repair over any sidewalk or street any wooden shed or awning or any wooden shed for the support of an awning or erect upon any street or sidewalk any post for the support of any awning.  If any person shall violate this section then each day that the above forbidden structure shall remain after notice shall constitute a separate violation.  Provided that this shall not be construed to prevent the erection over the sidewalk of cloth awnings supported upon metallic frames firmly suspended from the building and at least seven feet above the level of the sidewalk.

 

 

Section 3-18  Removing Trash, Construction Materials and Tree Trimmings Within the Town of Hertford

1. The Town shall not be responsible to pick up tree limbs or any other debris from trees after same has been trimmed over 4 inches.The Town may be contacted to move same but there shall be a charge of $35.00 per hour per truck and man.

2. The Town shall not in any way be obligated to clean up after any construction materials have been placed on a street in the Town of Hertford and a contractor doing the work on any building or house in the Town of Hertford has a duty to move all such articles.

3. The Town of Hertford shall not be responsible to remove and collect refrigerators, cook stoves, bathroom fixtures, roofing materials and any other large, bulky, and unwieldy debris, provided, however, that the town shall provide such service if the landowner shall contact the town first and there shall be a minimum fee of $35.00 for removal of said materials.

4. For any violations of this ordinance there shall be imposed a civil penalty and fine, including the offense of littering in the amount of $10.00.

 

 

Section 3-19  Littering

1. No person, firm, organization, private corporation, or governing body, agents or employees of any municipal corporation shall intentionally or recklessly throw, scatter, spill or place or intentionally or recklessly cause to be blown, scattered, spilled, thrown, or placed or otherwise dispose of any litter upon any public property or private property not owned by him within this Town or in the waters of this Town, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

2. When such property is designated by the Town or political subdivision thereof for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose; or

3. Into a litter receptacle is such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of such private or public property or waters.

4. When litter is so blown, scattered, spilled thrown or placed from a vehicle or watercraft, the operator thereof shall be presumed to have committed such offense. This presumption, however, does not apply to a vehicle transporting agricultural products or supplies when the litter from that vehicle is a nontoxic, biodegradable agricultural product or supply.

5. As used in this section, the word “litter” shall be defined as any rubbish, waste material, cans, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description; the word “vehicle” shall be defined as in G.S. 20-4.01(49); and the word “watercraft” shall be defined as any boat or vessel used for transport upon or across the water.

6. A violation of this ordinance shall be civil in nature and will carry a penalty in the amount of $20.00 which shall be payable to the Town of Hertford or 4 hours of community service.

 

 

Section 3-20  Dumping Litter

1. A person is guilty of a misdemeanor if he intentionally dumps or places litter on the private property of another without the consent of the owner of the property. This act shall not apply to a tenant or lessee unless said tenant or lessee fails to remove such litter within 10 days after he is given written or oral notice to remove such litter following termination of said lease or rental agreement. The presumption in G.S.14-399 (b) and the definition of “litter” in G.S.14-399(c) apply to this section.

2. A violation of this ordinance shall be civil in nature and will carry a penalty in the amount of $20.00 which shall be payable to the Town of Hertford or 4 hours of community service.

 

 

Section 3-21  The Removal and Disposition of Abandoned, Nuisance and Junk Motor Vehicles

The Town Council of the Town of Hertford is authorized by G.S. 160A-193, G.S. 303 and G.S. 160A-303.2 to regulate, restrain or prohibit abandoned, nuisance and junked motor vehicles on public and private property within the Town’s ordinance making jurisdiction; and

 

The Town Council of the Town of Hertford finds it necessary and desirable to promote or enhance:

 

1. The quality of urban attractiveness and aesthetic appearance of the Town of Hertford;

    
   

2. The protection of property values throughout the Town of Hertford;

    
   

3. The preservation of the livability and attractiveness of neighborhoods;

    
   

4. The promotion of tourism, conventions and other opportunities for economic development for the Town of Hertford;

    
   

5. The attractiveness of the Town’s thoroughfares and commercial roads which present the primary, public visibility to visitors and to passers-by of Town; and

    
   

6. The promotion of the comfort, happiness and emotional stability of occupants of property in the vicinity of junked motor vehicles.

 

Administration:

The Police Department and Building Inspector of the Town shall be responsible for the administration and enforcement of this chapter. The Police department shall be responsible for administering the removal and disposition of vehicles determined to be “abandoned” on the public streets and highways within the Town, and on property owned by the Town. The Town building inspector or the police department shall be responsible for administering the removal and disposition of “abandoned”, “nuisance”, or “junked motor vehicles” located on private property. The Town may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store and dispose of abandoned vehicles and junked motor vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be constructed to limit the legal authority or powers of officers of the Town police department and Town fire department in enforcing other laws or in otherwise carrying out their duties.

 

1. Definitions.

   For purpose of this section, certain words and terms are defined as herein indicated:

   1. Abandoned vehicles. As authorized and defined in G.S. 160A-303, an abandoned motor vehicle is one that;
      1. Is left upon a public street or highway in violation of a law or ordinance prohibiting parking; or
      2. Is left on a public street or highway for longer than seven (7) days;
      3. Is left on property owned by the Town for longer than twenty four (24) hours; or
      4. Is left on private property without the consent of the owner, occupant or lessee thereof, for longer than two (2) hours.
   2. Authorizing official. The supervisory employee of the Police department or the Town Building Inspector, respectively, designated to authorize the removal of vehicles under the provisions of this chapter.
   3. Motor vehicle or vehicle. All machines designed or intended to travel over land by self-propulsion or while attached to any self propelled vehicle.
   4. Junked motor vehicle. As authorized and defined in G.S. 160A-303.2 the term junked motor vehicle means a vehicle that does not display a current license plate lawfully upon that vehicle and that:
      1. Is partially dismantled or wrecked; or
      2. Cannot be self propelled or moved in the manner in which it originally was intended to move; or
      3. Is more than five (5) years old and appears to be worth less than one hundred dollars ($100.00).
   5. Nuisance vehicle. A vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance unlawful, including a vehicle found to be:
      1. A breeding ground or harbor for mosquitoes, other insects or other pets; or
      2. A point of heavy growth of weeds or other noxious vegetation over eight (8) inches in height; or
      3. A point of collection of pools or ponds of water; or
      4. A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidence as by odor; or
      5. One which has area of confinement which cannot be operated from the inside, such as, trunks, hoods, etc; or
      6. So situates or located that there is a danger of it falling or turning over; or
      7. One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind; or
      8. One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or
      9. Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Town Council.

          
         

2. Abandoned Vehicle Unlawful; Removal Authorized
   1. It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined herein.
   2. Upon the investigation, proper authorizing officials of the Town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.

       
      

3. Junked Motor Vehicle Regulated; Removal Authorized.
   1. It shall be unlawful for the owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the property upon which a junked motor vehicle is located to, leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
   2. It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
   3. It shall unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the location requirements or the concealment requirements of this section.
   4. Subject to the provisions of subsections (e), upon investigation, the Town Building Inspector or Town Police department may order the removal of a junked motor vehicle as defined in this chapter after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered:
      1. Protection of property values;
      2. Promotion of tourism and other economic development opportunities;
      3. Indirect protection of public health and safety;
      4. Preservation of the character and integrity of the community; and
      5. Promotion of the comfort, happiness and emotional stability of area residents.
   5. Permitted concealment or enclosure of junked motor vehicles:
      1. One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the Town’s zoning ordinance if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering.

         The Town building inspector or Town police department has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be comparable with the objectives stated in the preamble of this ordinance.

      2. More than one junked motor vehicle. Any other motor vehicle must be kept in garage or building structure that provides a complete enclosure so that the junked motor vehicle cannot be seen from a public street or abutting property. A garage or building structure mean either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.

           
         

4. Removal of Abandoned, Nuisance or Junked Motor Vehicles. Pretowing Notice Requirements

   Except as set forth in Section 5 below, an abandoned, nuisance or junked vehicle which is to be removed shall be towed only after notice to the registered owner or a junked motor vehicle, if the names and mailing addressed of the registered owner or person entitled to the possession the vehicle, or the owner, lessee or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice shall retain a written record to show the name and address to which mailed, and the date mailed. If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the city on a specified date, no sooner than seven (7) days after the notice is affixed. The notice shall state that the vehicle will be removed by the Town on a specified date, no sooner than seven  (7) days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.

    
   

   With respect to abandoned vehicles on private property, nuisance vehicles or junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of a junked motor vehicle that the aesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made to the Town Council in writing, heard at the next regularly schedules meeting of the Town Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.

    
   

5. Exceptions to Prior Notice Requirements

   The requirement that notice be given prior to the removal of an abandoned, nuisances or junked motor junked vehicle may, as determined by the authorizing official, be omitted in those circumstance where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice includes:

   1. Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the Town Council hereby determines that immediate removal of such vehicles may be warranted when they are:
      1. Obstructing traffic;
      2. Parked in violation of an ordinance prohibiting or restricting parking;
      3. Parked in a no stopping or standing zone;
      4. Parked in lading zones;
      5. Parked in a bus zone; or
      6. Parked in violation of temporary parking restrictions imposed under the code sections.
   2. Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on city owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing officials finds a special need for prompt action to protect and maintain the public health, safety, and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location of manner as to pose a traffic hazard and vehicles causing damage to public or private property.

       
      

6. Removal of Vehicles Post Towing Notice Requirements

   Any abandoned, nuisance or junked motor vehicle which has been ordered removed may, as directed by the Town, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the Town. Whenever such a vehicle is removed, the authorizing Town official shall immediately notify the last know registered owner of the vehicle, such notice include the following:

   1. The description of the removed vehicle;
   2. The located where the vehicle is stored;
   3. The violation with which the owner is charged, if any;
   4. The procedure the owner must follow to redeem the vehicle; and
   5. The procedure the owner must follow to request a probable cause hearing on the removal.

       
      

      The Town shall attempt to give notice to the vehicle owner by telephone; however whether or not the owner is reached by telephone, written notice, including the information set forth in the subsection (a) through (e) above, shall also be mailed to the registered owners’ last know address, unless this notice is waived in writing by the vehicle owner or his agent.

       
      

      If the vehicle is register in North Carolina, notice shall be given within twenty- four (24) hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within seventy-two (72) hours from the removal of the vehicle.

       
      

      Whenever an abandoned, nuisance or junked motor junked vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing city official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsections (a) through (e) above.

       
      

7. Right to Probable Cause Hearing Before Sale or Final Disposition of Vehicle.

   After the removal of an abandoned vehicle, nuisance vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the Chief District Court Judge to receive such hearing requests. The magistrate will set the hearing within seventy-two (72) hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. 20-219.9 et seq., as amended.

    
   

8. Redemption of Vehicle During Proceedings.

   At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges to the tow truck operator or a towing business having custody of the removed vehicle. Upon the regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this ordinance.

     
   

9. Sale and Disposition of Unclaimed Vehicle.
   

   Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner or other property entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of such a vehicle shall be carried out in coordination with the city and in accordance with Article 1 of Chapter 44A of the North Carolina General Statutes.

    
   

10. Conditions of Removal of Vehicle From Private Property.

    As a general policy, The Town will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the Town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle, which has been ordered, removed by the Town Building Inspector or Town police department. The Town may require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the Town against any loss, expense or liability incurred because of the removal, storage or sale thereof.

     
    

11. Protection Against Criminal or Civil Liability..

    No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance or junked motor vehicle, for disposing of such vehicle as provided in this chapter.

     
    

12. Exceptions.

    Nothing in this chapter shall apply to any vehicle: (1) which is located in a bona fide “automobile graveyard” or junkyard” as defined in N.C.G.S. 136-143, in accordance with the “Junkyard Control Act”, N.C.G.S. 136-141, et seq.; (2) which is in an enclose building; (3) which is on the promises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or (4) which is an appropriate storage place or depository maintained in a lawful place and manner by the Town.

     
    

13. Unlawful Removal of Impound Vehicle

It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the city any vehicle which as been impounded pursuant to the provisions of this code unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid.

 

Article III.  Picketing, Parades, and Demonstrations

 

Section 3-25  Permits Required; General Regulations 

1. No parade, picket line or group demonstration is permitted on the sidewalks or streets of the Town unless a permit therefore has been issued by the Town; provided, however, that nothing herein shall be construed to prevent the peaceful assembly of any group for orderly expression or communication between those assembled.

    
   

2. Wherever in this Article any regulation or enactment pertains to a parade, group demonstration or picket line the following definitions shall apply but shall not be exclusive as to coverage:

    
   

   1. “Parade” is any parade, march, ceremony, show, exhibition, or procession of any kind in or upon the public street, sidewalks, and parks or other public places.

       
      

   2. “Person” is any person, firm, partnership, association, company or organization of any kind.

       
      

   3. “Picket Line” is any person or persons formed together for the purpose of making known any position or promotion of said person or persons on behalf of any organization.

       
      

   4. “Group demonstrations” is any assembly together or concert or action between two or more persons for the purpose of protesting any matter or making known any position or thought of the group or of attracting attention to such demonstration.

       
      

3. No person shall hamper, obstruct, impede or interfere with such activity of any person participating therein and the police force is authorized to establish lines for separation of the general public from such activity and it shall be unlawful to violate the provision of this Section or to cross such lines.

    
   

4. Upon violation of the terms of the permit by those participating, the Chief of Police or such officer of the Police Force as may then be in charge, is authorized to then revoke the permit and direct those participating to disperse.No such parade, picket line, or group demonstration is permitted within any public building or structure.

    
   

5. Exceptions. This section shall not apply to:

    
   

   1. General Processions

       
      

   2. Students going to and from school classes or participating in educational activities where such activity is under the immediate supervision and direction of proper authorities.

       
      

   3. A governmental agency acting within the scope of its functions.

        
      

6. Appeal Procedure.

 

Any person aggrieved by the denial of a permit, as herein provided shall have a right to appeal to the Board of Commissioners but such appeal notice must be given in five (5) days thereafter and the appeal upon such notice will be heard by the Board at its next regular meeting or at any special called meeting the Board may set.

 

 

Section 3-26  Requirements for Permits

The Chief of Police, or, in his absence, the next highest ranking officer of the Police Force, is authorized to issue permits as required in this ordinance and in the issuance thereof shall: 

1. require a written application therefore to be filed twenty-four (24) hours in advance of such parade, picket line or group demonstration on a form prescribed by said department and which shall require the application to be signed by the person or persons filing such application, and the application shall therein state the proposed place, time, purpose and size of such parade, picket line, or group demonstration, and whether or not any minors below the age of eighteen (18) years shall participate;

    
   

2. refuse to issue such permit when the activity or purpose stated in the application would violate any ordinance of the Town or any statue of the State of North Carolina, or when the activity or purpose would endanger the public health or safety, or hinder or prevent the orderly movement of pedestrian or vehicular traffic on the sidewalks or streets of the Town;

    
   

3. specify in the permit whether or not minors below the age of eighteen (18) years will be permitted to participate.The Chief of Police, or, in his absence, the next highest ranking police officer on duty, shall pass upon whether or not minors below the age of eighteen (18) years shall be permitted to participate in the parade, picket line or group demonstration, and shall base his determination upon whether or not the purpose or time or place of the participation will be detrimental to or endanger the health, welfare or safety of said minors,

    
   

4. the permit may set the starting time and duration of such parade demonstration or picket line and may set the speed of its travel, the space between persons or vehicles, the portions or areas of the streets and sidewalks to be used, the length of the parade, group or line, and such other requirements as the Chief of Police or other designated officer may include in the permit for the control of free movement of traffic upon the streets and sidewalks, or for the health, safety and property rights of the participants and general public.Failure to comply with such requirements, as set forth in the permit shall be unlawful;

    
   

5. the applicant for permit shall specify and the permit shall designate the person in charge of the parade, group demonstration and picket line and such person in charge shall accompany such parade, demonstration, or picket line and shall carry such permit with him at that time; 

    
   

6. the Chief of Police or other designated officer in considering the issuance of a permit shall, among other considerations provided, consider and find as a requisite for issuance that;

    
   

   1. The activity will not require excessive diversion of police from other necessary duties.

       
      

   2. The activity will not interfere with the right or property owners in the area to enjoy peaceful occupancy and use of their property.

       
      

   3. The activity can be conducted without unreasonable interference with normal vehicular or pedestrian traffic in the area and will not prevent normal police or fire protection to the public and will not likely to cause injury to persons or property or provoke disorderly conduct or create a public disturbance.

 

 

Section 3-27  Limitations on Parades, Picket Lines and Group Demonstrations 

1. In any parade, picket line or group demonstration it shall be unlawful:

    
   

   1. for any minor below the age of eighteen years to participate or be allowed to participate, and any person encouraging, leading, or allowing such minor to so participate, unless a permit therefore has been issued, shall be guilty of a violation of this section.

       
      

   2. for any person to lead, guide, participate in, or in any way support or encourage such parade, picket line, or group demonstration when a minor below the age of eighteen (18) years is participating therein, unless a permit for such participation by such minor has been issued.

       
      

   3. for any parent to knowingly permit any minor child of such parent under eighteen (18) years of age to participate in such parade, picket line, or group demonstration, unless a permit for such participation by such minor has been issued.

       
      

   4. to cause, participate in, lead, or encourage any parade, picket line, or group demonstration, to deviate in any manner from the authority therefore specified in the permit.

       
      

2. Any picket line or group demonstration which participates in any area subject to normally heavy pedestrian or vehicular traffic may be limited in the permit issued to a concentration of not more than ten (10) persons participating within any designated area of the street or sidewalk.Provided, that the officer issuing the permit may specify a larger number in the designated area where in his judgment conditions permit a higher concentration.A designated area is defined as the entire width of said street of sidewalk within a distance measured along its length for 100 feet.

 

 

Section 3-28  Additional Regulations to Picketing

1. Declaration or Purpose:

    
   

   1. Whereas, peaceful picketing in the promotion of a lawful cause, is a valid exercise of the rights of citizens, provided, such picketing is done in a manner which does not unreasonably interfere with the use of the sidewalks streets or other public places of the town by the public, and

       
      

   2. Whereas, pickets pursuing their objectives in lawful manner are entitled to protection against interference by any persons who might attempt to intimidate them by violence or by a threat of violence or by the use of words which may tend to provide or incite such pickets or others to a breach of the peace, and

       
      

   3. Whereas, it is deemed necessary and desirable to adopt regulations for the protection of pickets and to preserve the public peace and tranquility.

       
      

2. Peaceful picketing in the furthermore of a lawful purpose shall be permitted in the Town; provided, the same is done under the following conditions:

    
   

   1. Picketing may be conducted only on the sidewalks or other town owned area normally used or reserved for pedestrian movement and may not be conducted on the portion of a street used primarily for vehicular traffic.The word “owned” as used herein includes easements and rights-of-way.

       
      

   2. Not more than ten pickets promoting the same objective shall be permitted to use one of the town sidewalks within a block in the Town of Hertford.

       
      

   3. Such pickets may carry written or printed placards or signs not exceeding town feet in width and not exceeding two feet in length promoting the objective for which the picketing is done, provided, the words used are not defamatory in nature or would tend to produce violence.The staff on which such placard is carried shall not exceed 40 inches in length, must be made of wood, shall not exceed 3/4 of an inch in diameter at any point, and must be blunt at each end.

       
      

   4. Pickets must march in single file and not abreast and may not march closer than 15 feet except in passing one another.

       
      

   5. If pickets promoting different objectives desire to use the same sidewalk for picketing and such use would result in the presence of more than 10 pickets thereon, the chief of Police shall allot time to each group of pickets for the use of such sidewalk on an equitable basis, but each group shall be permitted to picket subject to the provisions of this ordinance at least once every town hours.

       
      

   6. The term “block” as used in this ordinance shall mean that portion of a street lying between street intersections.

       
      

   7. It shall be unlawful for any picket to address profane, indecent, abusive, or threatening language to or at any person, which would tend to provoke such person or others to a breach of the peace.

       
      

   8. Picketing done contrary to the provisions of this subsection shall be unlawful.

       
      

3. It shall be unlawful for any person to physically interfere with such pickets in the use of the sidewalk or the address profane, indecent, abusive, or threatening language to or at such pickets, which would tend to provoke such pickets or others to a breach of the peace.

    
   

4. The police officers of the Town may, in the event of the assemblage of persons in such numbers as to tend to intimidate pickets pursuing their lawful objective through numbers alone or through use of inflammatory words, direct the dispersal of persons so assembled and may arrest any person who fails to absent himself from the place of such assemblage when so directed by the police.

    
   

5. Whenever the free passage of any street or sidewalk in the Town shall be obstructed by a crowd, the persons composing such crowd shall disperse or move on when so directed by a police officer as herein provided.

    
   

6. If any section, subsection, sentence, clause, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions hereof.

    
   

7. The words “picketing”, “pickets”, as used herein shall be construed to include demonstrating or demonstrators.

 

 

Article IV.   Fishing from Public Property

 

Section 3-40  Skinner’s Bridge

Fishing is hereby prohibited on Skinner’s Bridge on Wynne Fork Road, State Road 1338, Department of transportation Bridge No. 11. Signs shall be posted on such bridge indicating that fishing is prohibited.

 

 

Section 3-41  Walter’s Bridge

Fishing is hereby prohibited on Walter’s Bridge on Church Street, State Road 1336, Department of transportation Bridge No. 31. Signs shall be posted on such bridge indicating that fishing is prohibited.

 

 

Section 3-42  “S” Bridge

Fishing shall be permitted on the “S” Bridge on Church Street, US Highway 17 Business, Department of Transportation Bridge No. 8, upon the following conditions: 

1. Fishing shall be allowed only between sunrise and sunset, as set out in the schedule for “Sunshine and Sunset” computed by the Nautical Almanac Office, United States Naval Observatory.
2. Littering is prohibited
3. There shall be no consumption of alcoholic beverages on said bridge nor shall anyone who is intoxicated fish or otherwise be on said bridge.
4. There shall be no parking for fishermen on Phelps Street or Newby Street or in any private lots in the immediate area of said bridge.
5. There shall be no profanity.
6. There shall be no urination on said bridge or in any area of any neighborhood or street adjacent to said bridge.
7. Trashcans shall be provided on said bridge and all litter is to be placed in said trashcans.
8. There is to be no cleaning of fish in said bridge and there shall be no fish or any part thereof placed in said trash cans or anywhere else on said bridge.
9. Fishing shall be allowed only from the sidewalk on said bridge.
10. All fishing operations and fishing gear and equipment shall be confined to the sidewalk on said bridge and there shall be no operations (such as casting) or fishing gear or equipment, which shall extend onto the roadway of said bridge.

 

Fishing on the “S” bridge will be continuously monitored by the Town to ensure strict compliance with the terms of this ordinance. This ordinance shall be repealed if not strictly complied with.

Article I.  Words and Phrases Defined

 

Section  4-1 Definitions of Words and Phrases 

The following words and phrases when used in this Chapter shall, for the purpose of this Chapter, have the meanings respectively ascribed to them in this Article, except in those instances where the context clearly indicated a different meaning: 

1. Authorized Emergency Vehicle. Vehicles of the Fire Department, Police vehicles and such ambulances designed or authorized by the Chief of Police.

    
   

2. Block. This term indicated the length of that portion of any street, which is located between two street intersections.

    
   

3. Business District. The territory contiguous to a street or highway where seventy-five percent or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business purposes.

    
   

4. City. This term is interchangeable with “Town”.

    
   

5. Crosswalk. That portion of a roadway, which lies between the prolongations of the lateral sidewalk or boundary lines over an intersection.Any portion of a roadway distinctly indicated for pedestrian crossing, by lines or other markings on the surface.

    
   

6. Driver. Every person who drives or is in actual physical control of a vehicle.

    
   

7. Intersection. The area embraced within the prolongation of the lateral curb or boundary lines of two or more roadways orhighways, which join or join and cross one another at an angle.

    
   

8. Motor Vehicles. Every vehicle, which is self, propelled and every vehicle, which is propelled by electric power obtained from over head, trolley wires, but not operated upon rails.

    
   

9. Official Time Standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in this Town.

    
   

10. Official Traffic Control Devices. All signs, signals, markings and devices not inconsistent with this Chapter, placed or erected by authority of the governing body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

     
    

11. Official Traffic Signals. Any device, whether manually or automatically operated, by which traffic is alternately directed to stop and to proceed.

     
    

12. Park. The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of loading or unloading.

     
    

13. Pedestrian. Any person on foot.

     
    

14. Person. Every natural person, firm, co-partnership, association or corporation.

     
    

15. Police Officer. Every officer or the Town Police Departmental any officer authorized to direct traffic or to make arrests for violation of traffic regulations.

     
    

16. Private Road or Driveway. Every road or driveway not open to the use of the public for purposes of vehicular traffic.

     
    

17. Public Conveyance. Any vehicle, which is engaged in the business of transporting persons for fare.

     
    

18. Public Holidays. New Year’s Day, Easter Monday, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.

     
    

19. Railroad. A carrier of persons or property, other than streetcars operated on stationary rails.

     
    

20. Railroad Train. A steam engine, electric or they’re locomotive, with or without cars coupled thereto, operated upon rails, not including streetcars.

     
    

21. Residential District. The territory contiguous to a street or highway not comprising a business district, where seventy-five percent or more of the frontage there for a distance of three hundred (300) feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes.

     
    

22. Right -of- Way. The privilege of the immediate us of the roadway not inconsistent with regulations and conditions.

     
    

23. Roadway. That portion of a street, which has been improved and designed for, or which is ordinarily used for, vehicular travel.

     
    

24. Safety Zone. The area officially set apart within a roadway for the exclusive use of pedestrians, which area is either protected or plainly marked at all times while so set apart as a safety zone.

     
    

25. Sidewalk.That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines exclusively intended for the use of pedestrians.

     
    

26. Signs.See Traffic Signs

      
    

27. Standing. Any stopping of a vehicle whether occupied or not.

     
    

28. Stop.When required, means complete cessation of movement.

     
    

29. Stop or Stopping.When prohibited, means any stopping of a vehicle, except when conflict with other traffic is imminent, or when otherwise directed by a police officer.

     
    

30. Street or Highway.The entire area between lateral property lines which is open to the use of the public, as a matter of right, for purposes of vehicular traffic.

     
    

31. Town.The Town ofHertford.

     
    

32. Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using any street for purposes.

     
    

33. Traffic Signs.Traffic signs are authorized signs or markers which are assumed to be permanently or temporarily placed or erected or installed at certain places and which purport to give notice of direction or to convey a prohibition or warning; the presence ofsuch signs, though not compulsory, is generally dictated by necessity or common sense with a view to furtherance of public safety.

     
    

34. Vehicle.Every device in or upon which any person or property may be transported; provided that, for the purpose of this Chapter, a bicycle or a ridden animal shall also be deemed a vehicle.

 

 

Article  II. Registration of Vehicles   

Section 4-2  Motor Vehicles Required to be Registered; Period of Registration; Fee    

Every resident motor vehicle operated in the Town, except motor vehicles temporarily operated for a period, or periods or time not exceeding a total of twenty days during any one year, and except motor vehicles operated for car display or car exhibition purposes by car manufacturers or dealers and displaying dealers license plates issued by the State of North Carolina, shall be registered with the Town Registrar of Motor Vehicles.  The period of registration shall include the twelve months between January 1st and December 31st of the year of registration.  The fee for registration shall be one dollar, not prorated.

 

 

Section  4-3  Registrar to Issue Number Plates; Duplication of Lost or Destroyed Plates   

For every registered motor vehicle, the Registrar shall issue to the person registering the vehicle an appropriate number plate or sticker.  Upon satisfactory evidence that any  such registration number plate has been lost, or destroyed, the Registrar shall issue a Duplicate to the owner of such registered vehicle at such a price as may be set by the Board.

 

 

Section 4-4  When and How Number Plates Transferable   

A number plate or sticker shall not be transferred from one vehicle to another and shall not be used by any person upon any motor vehicle except upon the one for which it was issued, provided that the owner of such registered vehicle may, upon the sale or exchange thereof, transfer with the Registrar of Motor Vehicles.

 

 

Section 4-5  Motor Vehicles Shall Display Town Number Plates or Sticker      

Every motor vehicle operated on the streets of the Town for which registration is required, shall throughout the current issue year display the assigned Town number plate or Sticker in such manner in front as to be visible at all times.

 

 

Section 4-6  Town Authorized to Designate One or More Registrars      

In order to facilitate the registration of motor vehicles under the provisions of this Article, the Board of Commissioners is hereby authorized to designate one or more Deputy Registrars or Motor Vehicles, in addition to the Registrar; to provide for the establishment of an office for such Registrar or Deputy Registrars, outside of Town Hall; and to apportion the duties connected with the registration of motor vehicles between such Registrars.

 

 

Article III.   Required Obedience To Traffic Regulations and Police Officers

Section 4-10  Required Obedience to Traffic Chapter  

It shall be a misdemeanor for any person to do any act forbidden, or fail to perform any act required, by this Chapter.

 

 

Section 4-11  Obedience to Police 

No person shall refuse to comply with any lawful order or direction of a police officer.

 

 

Section 4-12  Authority of Police in Special Cases  

In the event of a fire or other emergency, or when it is necessary to expedite traffic or to safeguard pedestrians, police officers may direct traffic as conditions may require, not withstanding the provisions of this Chapter.

 

 

Section 4-13  Public Employees to Obey Traffic Regulations 

The provisions of this Chapter shall apply to the driver of any vehicle owned by, or used in the service of, the United States Government, this State, County, or Town and it shall be unlawful for any said driver to violate any of the provisions of this Chapter.

 

 

Section 4-14  Exemptions to Authorized Emergency Vehicles 

1. The provisions of this Chapter regulating the operation, parking, and standing of vehicles shall also apply to authorized emergency vehicles, as defined in this Chapter. Unless otherwise directed by a police officer, a driver when operating such vehicle in an emergency, may;

    
   

   1. Park or stand, not withstanding the provisions of this Chapter.

       
      

   2. Proceed past a red or stop signal or stop sign, but only after slowing down as be necessary for safe operation.

       
      

   3. Exceed the prima facie speed limits so long as he does not endanger life or property.

       
      

   4. Disregard regulations governing direction of movement, or turning in specified directions so long as he does not endanger life or property.

       
      

2. The foregoing exemption shall not, however, protect the driver of any such vehicle from the consequence of his reckless disregard for the safety of others.

 

 

Section 4-15  Persons Propelling Push Carts or Riding Bicycles or Animals to Obey Traffic Regulations   

Every person propelling any push cart, or riding a bicycle or an animal, upon a roadway, also every person driving any animal-drawn vehicle, shall be subject to the provisions of this Chapter which are applicable to any driver of any vehicle, except those provisions of this Chapter which by their nature, can have no application.

 

 

Article IV.  Obedience to Official Traffic Control Devices

 

Section 4-20  Obedience to Official Traffic Control Devices        

1. The driver of any vehicle shall obey the directions of any official traffic control device placed in accordance with the provisions of this Chapter, subject to certain exceptions, which are granted to the driver of any authorized emergency vehicle in Section 5-14 of this Chapter, unless otherwise directed by a police officer.

    
   

2. No provision of this Chapter which provides for signs shall be enforced against an alleged violator if, at the time and place of the alleged violation, such official sign is not in proper position or is in sufficiently legible to an ordinarily observant person. Whenever a particular Chapter section does not stipulate signs, such section shall be effective without signs being placed to give notice thereof.

 

 

Section 4-21  Obedience to No Turn Signs and Turning Markers      

Whenever authorized signs are placed which indicate that no “right” or “left” or “U” turn is permitted, the driver of a vehicle shall obey the directions of any such sign, and when authorized markers, buttons, or other indications are placed within an intersection which indicate the course to be traveled by vehicles traversing, or turning, the driver of a vehicle shall obey the directions of such indications.

 

 

Section 4-23  Zone of Quiet      

Whenever authorized signs are placed which indicate a zone of quiet, the person operating a motor vehicle within any zone shall not sound the horn or any other warning device of said vehicle, except in an emergency.

 

 

Section 4-24  Play Streets      

Whenever authorized signs are placed which prescribe any street, or part thereof, as a play street, no person shall drive a vehicle upon any such prescribed street, except persons who have business, or who reside, within such prescribed area; any such person shall exercise the greatest care when driving upon any such play street.

 

 

Section 4-25  School Zones

Whenever authorized signs are placed which prescribe any street, or part thereof, as a school zone, drivers of motor vehicles and operators of streetcars using said street, or part thereof, shall exercise the greatest care, for the protection of children.

 

 

Section 4-26  Official Traffic Control Signal Legend       

Whenever traffic is controlled by traffic control signals exhibiting the words “GO”, “Caution”, or “Stop”, or exhibiting differently colored lights, successively, one at a time, the following colors only shall be used, and said terms and lights shall indicate as follows: 

1. Green alone, or “GO”.

    
   

   1. Vehicular traffic facing the signal may proceed straight through, or turn right or left unless a sign prohibits either such turn.But vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians who happen to lawfully within the intersection.

       
      

   2. Pedestrians facing the signal may proceed across the roadway within the crosswalk area, whether marked or not.

       
      

2. Yellow alone, or “Caution”, when shown following the green or “Go” signal.

    
   

   1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

       
      

   2. Pedestrians facing such signal are thereby warned that there will not be sufficient time to safely cross a roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

       
      

3. Red alone, or “Stop”.

    
   

   1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection, or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or “GO” is shown alone.

       
      

   2. No pedestrian facing such signal shall enter the roadway unless he can do so without interfering with any vehicular traffic.

       
      

4. Red with green arrow.

    
   

   1. Vehicular traffic facing such signal may cautiously enter the intersection and continue the movement in the direction indicated by such arrow, but shall not interfere with other traffic.

       
      

   2. No pedestrian facing such signal shall enter the roadway unless he can do so without interfering with any vehicular traffic.

 

 

Section 4-27  Flashing Signals     

Whenever flashing red or yellow signals are used the shall require obedience by vehicular traffic as follows: 

1. Flashing red (stop Signal).When a red lens is illuminated by rapid intermittent flashes, drivers or vehicles shall stop before entering the nearest crosswalk at any intersection, or at a limit line when marked, and the right to proceed shall be subject to the rules of safety and non-interference with other traffic.

    
   

2. Flashing yellow (caution signal).When a yellow lens is illuminated by rapid intermittent flashes, drivers of vehicles may proceed through the intersection of past such signal only with caution.

 

 

Article V. Standing, Stopping and Parking

 

Section 4-30  Vehicles Not to Stop in Streets; Exceptions       

No vehicle shall stop in any street, except for the purpose of parking as prescribed in this Chapter, unless such stop is made necessary by the approach of fire apparatus, by the approach of a funeral or other procession which is given right-of-way, by the stopping of a public conveyance, by the lowering of railway gates, by being given countermanding traffic signals, by the passing of some other vehicle or a pedestrian, or by some emergency; in all cases covered by these exceptions said vehicles shall stop so as not to obstruct any footway, pedestrian aisle, safety zone, crossing, or street intersection if it cam be avoided.

 

 

Section 4-31  Vehicles Not to Obstruct Passage of Other Vehicles       

No vehicle shall so stand on any street as to interrupt, or interfere with, the passage of public conveyances or other vehicles.

 

 

Section 4-32  Parking Prohibited at All Times in Designated Places      

When signs are placed which prohibit parking, or when the curbing has been painted yellow in lieu or such signs, no person shall park a vehicle at any time upon any of the streets or designated places described in Schedule I, attached to and made a part of this Article.

 

There shall be no parking on any street in the Town of Hertford posted with a “No Parking” sign.

 

 

Section 4-33  Parking Prohibited Except on Sundays in Designated Places     

When respective signs are placed in certain streets, no person shall park on any day except Sunday upon nay of the streets described in Schedule II, attached to and made a part of this Article.

 

 

Section 4-34  Parking Time Limited to Ninety Minutes in Designated Places      

When respective signs are placed in certain streets, no person shall park a vehicle for longer than ninety (90) minutes at any time between the hours of  9:00 a.m. and 6:30 p.m.  on any day except Sundays and public holidays, upon any of the streets described in Schedule III attached to an d made a part of this Article;  a change of position of vehicle from one point directly to another point, within the same block, shall be deemed one continuous parking period.

 

 

Section 4-35  Parking Time Limited to One Hour in Designated Places        

When respective signs are placed in certain streets, no person shall park a vehicle for longer than one hour, at any time between the hours of 6:00 a.m. and 6:30 p.m. on any day, except Sundays and public holidays, upon any of the streets described in Schedule IV, attached and made a part of this Article; a change of position of vehicle from one point directly to another point, within the same block, shall be deemed one continuous parking period.

 

 

Section 4-36  Parking Time Limited to Fifteen Minutes in Designated Places      

When respective signs are placed in certain streets, no person shall park a vehicle for longer than fifteen minutes at any time upon any streets described in Schedule V attached hereto and made a part of this Article;  a change of position of vehicle from one point directly to another point, within the same block, shall be deemed one continuous parking period.

 

 

Section 4-37  Parking Time Limited to Ten Minutes During Certain Hours in Designated Places     

When respective signs are placed in certain streets, no person shall park a vehicle for longer than ten (10) minutes at any time upon any streets or parts of streets described in Schedule VI, attached to and made a part of this Article, between the hours of  9 a.m. and 6 p.m. on Mondays through Fridays, and between the hours of 8 a.m. and 12 Noon on Saturdays.

 

 

Section 4-38  Loading Zones, Bus, Taxicab, Public Drays for Hire, and Law Enforcement Vehicles    

Those streets or parts described in Schedule VII, attached to and made a part of this Article, shall be reserved for the specific purpose and at the exact location named therein, and no automobile or other vehicle shall park therein, except those for which the space has been designated.  Those streets or parts of streets reserved as loading zones and described in Schedule VII shall be used only for the purpose of loading and unloading goods, wares, merchandise or commodities on and from motor vehicles unless the type loading zone clearly indicated otherwise.  In addition, no bus, taxicab, or vehicle for hire shall park on any street in a place other than that which has been designated for such purpose and no bus shall stop or stand on any street except in a designated bus stop.

 

 

Section 4-37  Parking of Taxicabs Within the Same Block     

Not more than two taxicabs, owned by the same company, shall be parked in one block at the dame time, except if parked in established taxi stands.

 

 

Section 4-40  Parking Parallel to Curb   

Where not otherwise indicated by this Article, all vehicles shall park parallel to the curb and not more than twelve inches there from.

 

 

Section 4-41  Vehicles Backed Up to Curb     

In no case shall a vehicle remain backed up to the curb except when actually loading or unloading.

 

 

Section 4-42  Left Side to Curb Not Permitted in Business District   

No vehicle shall stop with its left side to the curb in any business district.

 

 

Section 4-43  Parking Within Lines Where Provided        

On any street which is marked off with lines indicating the parking space for cars, the same shall be parked between said lines.

 

 

Section 4-44  Parking at 45-Degree Angle     

Automobiles and other vehicles shall be parked at an angle of approximately 45 degrees and with the curb on the streets enumerated in Schedule VIII, attached to and made a part of this Article.

 

 

Section 4-45  Unlawful Parking   

No person shall stand, or park, a vehicle upon any street for the principal purposes of: 

1. Displaying it for sale.

    
   

2. Washing, greasing, or repairing vehicles, excepting repairs necessitated by an emergency.

    
   

3. Storage thereof by garages, dealers of other persons

    
   

4. Storage of and detached trailer, or van when the towing unit has been disconnected.

    
   

5. Transferring merchandise or freight from one vehicle to another.

 

 

Section 4-46  Standing or Parking Vehicles for Primary Purpose of Advertising Prohibited       

No person shall stand, or park, on any street any vehicle for the primary purpose of advertising.

 

 

Section 4-47  Stopping, Standing, or Parking Prohibited in Specified Places       

No person shall stop, stand, or park a vehicle, except when conflict with other traffic is imminent or when so directed by a police officer or traffic control device in any of the following places. 

1. On a sidewalk.

    
   

2. Within an intersection.

    
   

3. On a crosswalk.

    
   

4. Within thirty feet of any flashing beacon stop sign or traffic control signal located at the side of a street or roadway.

    
   

5. Underpass Approaches. No vehicle shall park on either side of any street leading to a railroad underpass, or an overhead bridge, within thirty feet in any direction of the outer edge of such underpass or overhead bridge. 

    
   

6. Grade crossing Approaches. No vehicle shall park on either side of any street leading to a grade crossing, within fifty feet of the closest rail; provided that, where existing permanent structures are located closer than fifty feet, parking may be permitted in front of such structure, unless otherwise prohibited and if such parking does not block the view in either direction of the approach of a locomotive or train.

    
   

7. Alongside or opposite any street excavation or obstruction, if the stopping , or standing, or parking would obstruct traffic.

    
   

8. Upon any bridge or other elevated structure or within any underpass structure.

    
   

9. Within fifteen feet in either direction of the entrance to a hotel, theater, hospital, sanitarium or any public building.

    
   

10. On the roadway side of any vehicle stopping, standing, or parking at the edge or curb of a street.

     
    

11. Within fifteen feet of any fireplug or hydrant.

     
    

12. Within fifteen feet of any street corner.

     
    

13. There shall be no parking or standing on the premises of the Hertford ABC Store between the hours of 9 p.m. and 9 a.m.

     
    

14. There shall be no parking on Berry St. with the exception that members of the Baptist Association may park on Berry St. when they hold a meeting if their parking area is insufficient.

Section 4-48  Moving of Vehicles of Other Operators Into Restricted Areas Prohibited       

No person shall move a vehicle not owned by himself, into any prohibited area, or sufficiently away from a curb to make the distance unlawful.

 

 

Section 4-49  Truck Parking Limited     

1. No truck shall at any time be parked on any streets or parts of streets described in Schedule IX attached to and made a part of this Article.

    
   

2. No truck shall be parked between the hours of 6:30 p.m. and 6:30 a.m. on any day upon the streets or parts of streets described in Schedule X, attached hereto and made a part of this article.

 

 

Section 4-50  Parking Space for Use of Property Owner       

Each property owner on Woodland Avenue, upon application to the Town, shall be and he is hereby allotted a parking space abutting his respective property which said parking space shall be marked, “Parking space for use of property owner.”

 

 

 

Article  VI.  Operation of Vehicles

 

Section 4-55  Stop Before Entering A Through Street       

When stop signs are placed upon highways which intersect a street designed a through street, the driver shall being his vehicle to a stop, before entering the intersection, and he shall not proceed into, or across, the through street until he has first determined that no conflict with traffic will ensue.

 

 

Section 4-56  Stop Before Entering Certain Street Intersections       

Certain intersections described in Schedule XI, attached hereto and made a part hereof, are hereby declared to be stop intersections when entered from the streets last named;  when stop signs are placed at such intersections, every driver of a vehicle shall stop before entering the intersection, and he shall not proceed into, or across, the through street until has  first determined that no conflict with traffic will ensue.

 

 

Section 4-57  Yield Right-of-Way Before Entering Certain Street Intersection       

Those intersections described in Schedule XII attached to and made a part hereof, are hereby declared to be “Yield Right - of - Way” intersections when entered from the streets last named, and where proper signs are placed, erected, or installed at such intersections, no driver of a vehicle shall enter or cross such intersections until he has first determined that no conflict with traffic will be involved.

 

 

Section 4-58  Intersections Controlled by Official Traffic Signals       

Those intersections described in Schedule XIII, attached to and made a part hereof, are hereby declared to be intersections to be controlled by official traffic signals.

 

 

Section 4-59  Stop When Traffic Obstructed 

No driver shall move his vehicle across an intersection, or a marked crosswalk, unless he knows that there is sufficient space on the other side of the intersection, or cross walk, to accommodate his vehicle without obstructing the passage of other vehicles, or pedestrians, although a traffic control signal may be indicating his right to proceed.

 

 

Section 4-60  One-Way Streets        

Upon certain streets, described in Schedule XIV, attached hereto and made a part hereof, vehicular traffic shall move only in the direction indicated by traffic signs.

 

 

Section 4-61  Driving Through Funeral Processions     

No vehicle shall be driven through a funeral procession, except Fire Department Vehicles, Police patrols and ambulances, and if the same are responding to calls.

 

 

Section 4-62  Left Turns     

In making left turns at street intersections, all traffic, when approaching an intersection, shall  keep close to the center line of the street, and the left turn shall be made beyond the center of the intersection as may, or may not be indicated by buttons, markers or other directing signs, and shall proceed in the new direction along the right-hand lane, except certain intersections which may be expressly designed by the Town.

 

 

Section 4-63  No Right or Left Turns to be Made        

1. No vehicle shall make a left turn at any street intersection described in Schedule XV, attached hereto and made a part hereof.

    
   

2. No vehicle shall make a right turn at any street intersection described in Schedule XVI, attached hereto and made a part of hereof.

 

 

 

Section 4-64  Limitations on Turning Around        

No driver shall turn any vehicle and  proceed in the opposite direction at any street intersection described in Schedule XVII, attached hereto and made part of hereof.

 

 

Section 4-65  Limitations on Backing        

The driver of a vehicle shall not back it into any intersection, or over a cross walk, nor shall he back it otherwise unless such movement can be made in safety, and unless ample warning has been given by hand and horn or other signal.

 

 

Section 4-66  Emerging From Alley or Private Driveway        

The driver of a vehicle emerging from an alley, driveway, or buildings, shall stop such vehicle immediately prior to reaching the sidewalk, or the sidewalk areas extending across any alleyway, and upon entering the roadway, he shall yield the right-of-way to all vehicles approaching on said roadway.

 

 

Section 4-67  Vehicles Shall Not Be Driven on the Sidewalk         

It shall be unlawful for any person to lead, ride, or drive, any horse or other animal, or to drive any vehicle upon any sidewalk except as permitted driveways cross the same and then only for the purpose of going into or out of the adjacent lot, or to place, roll or drive on the sidewalk of any street , and wheelbarrow, handcart, or other vehicle, except passing directly across the sidewalk into or out of a house or lot;  provided, that nothing in this section shall prevent the use of such sidewalks for a hand carriage to carry an infant or invalid.

 

 

Section 4-68  Clinging to Moving Vehicles       

Any person riding upon any bicycle, motorcycle, coaster, sled, roller-skates, or any toy vehicle, shall not attach the same, himself, to any public conveyance, or moving vehicle, upon any roadway.

 

 

Section 4-69  Riding on Handle Bars Prohibited       

The operator of a motorcycle, or bicycle, when upon a street, shall not carry any person upon the handlebars, frame, or tank of his vehicle, nor shall any person so ride upon any such vehicle.

 

 

Section 4-70  Riding Upon Sidewalks, or Without Hands on Handle Bars Prohibited    

No person shall ride a bicycle or motorcycle on any street without having his hands on the handlebars, nor shall any person ride a bicycle upon any sidewalk, or walkway, within the business district.

 

 

Section 4-71  Bell and Light on Bicycle        

It shall be unlawful to operate a bicycle upon the streets without a bell or horn, or to operate a bicycle after dark without a light on same.

 

 

Section 4-72  Use of Coasters, Roller Skates and Similar Devices Restricted      

No person on roller skates or riding in any coaster, toy vehicle or similar device shall go upon any granolithic or paved sidewalk within the business district.

 

 

Section 4-73  Lights, Horn, and Brakes on Vehicles   

All automobiles and other motor vehicles shall be equipped with lamps, which shall be lighted when running at night or when parked, unless when so standing on the streets at night they shall be plainly visible by street light; it shall be equipped with a horn or other signal device and it shall be equipped with brakes, which shall be kept in good order.

 

 

Section 4-74  Moving Cars From Parked Positions        

Parked cars shall move out in the direction headed, or if they are parked at an angle with the curb, they shall back out at than angle until they have cleared the other cars and shall then proceed in the direction they are most nearly headed in.

 

 

Section 4-75 Driving on Roadways Laned for Traffic        

All vehicles operated on any roadway which has been clearly marked with traffic lanes, shall be driven as nearly as practical, entirely within a single lane and shall not be moved out of such land until the driver has first ascertained that such movement can be made with safety.

 

 

Section 4-76  Drive on Right Side of Street       

Any person who shall operate a vehicle of any character upon the streets is required to drive on the right side of the street.

 

 

Section 4-77  Exhaust Muffled      

It shall be unlawful for any person to drive any motor vehicle of any kind anywhere within the Town, without having the exhaust muffled.

 

 

Section 4-78  Speed Limitations     

1. No person shall operate a vehicle on a street or highway within the Town at a speed greater than its reasonable and prudent under the conditions then existing.

    
   

2. Unless otherwise provided in this Section, it shall be unlawful to operate any vehicle in excess of the following speeds:

    
   

   1. Twenty (20) miles per hour in any business district.

       
      

   2. Thirty - five (35) miles per hour in any residential district.

       
      

3. Notwithstanding subsection (2) of this Section, it shall be unlawful to operate any vehicle in excess of the following speeds:

    
   

   1. Twenty (20) miles per hour on the streets or portions of streets described in Schedule XVIII, attached hereto and made a part hereof.

       
      

   2. Twenty - five (25)miles per hour on the streets or portions of streets described in Schedule XIX, attached hereto and made a part hereof.

       
      

   3. Thirty - five (35) miles per hour on the streets or portions of streets described in Schedule XX, attached hereto and made a part of hereof.

       
      

   4. Forty - five (45) miles per hour on the streets or portions of streets described in Schedule XXI, attached hereto and made a part of hereof.

       
      

   5. Fifty - five (55) miles per hour on the streets or portions of streets described in Schedule XXII, attached hereto and made a part of hereof.

 

 

Article VII.  Miscellaneous Regulations

 

Section 4-106  Boarding, or Alighting From, Public Conveyances or Other Vehicles       

No person shall board, or alight from, any public conveyance, or other vehicle, while such conveyance, or vehicle, is in motion.

 

 

Section 4-107  Unlawful Riding        

No person shall ride on any public conveyance, or vehicle, not designated, or intended or intended, for the use of passengers.  This provision shall not apply to an employee engaged in the necessary discharge of a duty, not to persons riding within truck bodies in spaces intended for merchandise.

 

 

Section 4-108  Entering, Jumping On, or Riding Vehicles Without Permission       

No person shall enter, jump on, or ride any automobile or other vehicle, without the consent of the owner or driver.

 

 

Section 4-109  Persons Riding Must Stay Inside       

No person shall allow any part of his body to protrude beyond the limits of the vehicle in which he is riding, except to give such signals as are by law required, and no person shall hang on to any vehicle whatsoever.

 

 

Section 4-110  Not More Than Three Persons Permitted in Front Seat        

It shall be unlawful for the driver, or the person in charge, of any motor vehicle to permit more than three persons (including driver) to ride in the front or driver’s seat of a motor vehicle.

 

 

Article VIII.  Traffic

Section 4-130  Removal Authorized; Circumstances Enumerated 

1. Any sworn member of the police department is hereby authorized to remove or cause to be removed any vehicle from a street, a street parking lot or from any other public place owned or controlled by the city to a garage designated by the police department as provided in this article and the vehicle shall be held until claimed by the owner or until same is otherwise disposed of as provided by this chapter or other applicable laws under any of the circumstances as follows:

    
   

   1. When any vehicle is left unattended upon a street or public alley in the city, if the owner of such vehicle cannot be found, or, it after notification, he shall fail or refuse to properly remove the same, where such vehicle:

       
      

      1. constitutes an obstruction of traffic;

          
         

      2. interferes with the construction, reconstruction, alteration, repair or cleaning of a public street or alley;

          
         

      3. is parked illegally.

          
         

2. When a vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is under arrest or by reason of physical injury or other cause is incapacitated to such an extent as to be unable to provide for its custody or removal.

    
   

3. When any vehicle is left parked on any street or in any unmetered off-street parking lot or other public place for a period longer than three (3) days and the police department has given the owner or agent of such vehicle twenty-four (24) hours written notice of the police department’s intention to tow the vehicle in a manner as authorized by this article, or has made a diligent attempt to so notify the owner or agent of such vehicle but has been unable to do so.

 

 

Section 4-131  Designation of Garage 

The garage to which removed under this article shall be towed for storage, as provided by this article, shall be designated by the owner, if available, otherwise selection shall be made according to the police department’s policy of rotation towing and assistance as administered by central communications or the officer in charge, whichever is applicable.

Section 4-132  Towing and Storage Charges 

Towing and storage charges incurred in the impounding of any vehicle under the provisions of this article shall be as follows: 

1. Normal towing charges for each vehicle shall be the current prevailing charge;

    
   

2. If a call is made for towing service and the owner ( or person having control of the vehicle to be towed) returns to the unattended vehicle before the arrival of the towing vehicle and the unattended vehicle is not in fact towed in, the charge for answering such call shall be entered upon the violation ticket given the owner and collected in the same manner as the penalty for the violation is collected. Such amount shall be set from time to time by the Town Council.

 

 

 

Section 4-133  Charge a Lien on Vehicle

All towing, storage, advertising and other charges incurred by the city or imposed upon the owner or operator of any vehicle impounded under the provisions of this article in connection with the impounding of such vehicle shall constitute a lien upon such vehicle and no such impounded vehicle shall be released until all such charges due to the owner of the charge where the impounded vehicle is stored are paid.

 

 

Section 4-134  Towing and Storage Charges in Addition to Other Penalties

Nothing in this article shall in any way affect the provisions of this chapter with respect to fines and penalties for the violation of this chapter and the towing and storage charges prescribed by this article shall be in addition to all other charges and in addition to any fine or court cost which may be imposed according to law.

 

 

Schedule  I

No Parking Anytime (See Section  5-32)

 

Both sides of Woodland Street between Pennsylvania Ave. and Grubb St.

 

West side of Perry Street between Pennsylvania Ave. and Willow St.

 

Both sides of Edenton Road St. between Gum Pond Run and Dobbs St.

 

South side of Dobbs St. between Edenton Road St. to Market St.

 

Both sides of Market St. between Edenton Road St. to Dobbs St.

 

Both sides of Grubb St. between Edenton Road St. to East Railroad Ave.

 

South side of King St. between Stokes St. to Covent Garden St.

 

East side of  East Academy St. between Market St. and Grubb St.

 

South side of Grubb St. between East Academy St. and West Academy St.

 

Both sides of Market St. between Front St. and Church St.

 

East side of Punch Alley between Church St. and Municipal St.

 

Both sides of Punch Alley between Church St. and Front St.

 

East side of Perry St. between Church St. between Punch Alley and the Town corporate limits.

 

East side of Perry St. between Grubb & Willow Streets.

 

Both sides of Church Street (U.S. 17 Business) from Riverside Drive to Punch Alley.

 

On the West side of Church Street (U.S. 17 Business from Punch Alley to Grubb St. (SR 1110)

 

On the South side of Grubb St. (SR 1110) from Church St. (US 17 Business) to Carolina St.

 

West side of Edenton Road St.  (U.S. 17 Business - NC 37) from Dobbs St. to Grubb St. (SR 1110).

 

South side of Dobbs St. between the entrance and exit of the driveway to Hertford Grammar School.

 

North side of Grubb St. (SR 1110) from intersection of Grubb St. (SR 1110) & Church St. (SR 1336) West to property line of Sam Hourmouzis.

 

Both sides of US 17 Bypass from a point 400’ south of SR 1336 to 350’ north of SR 1336

 

 

Schedule II

No Parking Except Sundays  (See Section 5-33)

 

South side of Market St. beginning at its intersection with Covent Garden St. and extending southward as marked.

 

West side of Church St. (SR 1336) from Dobbs St. (US 17 Business) Southeastward to the End of Curb and gutter section.

 

 

Schedule III

90 Minute Parking 9:00 A.M. TO 6:30 P.M. (See Section  5-34)

 

Both sides of Church St. between Dobbs St. and Grubb St.

 

Both sides of Market St. between Church St. and Barron’s Alley

 

 

Schedule IV

One Hour Parking 9:00 A.M. TO 6:30 P.M.  (See Sec. 5-35)

 

 

Schedule  V

15 Minute Parking  (See Sec. 5-36)

 

Both sides of Grubb St. beginning at its intersection with Municipal St. and extending westward as marked.

 

East side of Edenton Road St. beginning at its intersection with Grubb St. and ex extending southward as marked.

 

 

Schedule VI

10 Minute Parking (See Sec. 5-37)

 

 

Schedule VII

Bus Stops (See Sec.  5-38)

 

West side of Church from its intersection with Grubb St. extending southward as marked.

 

South side of Grubb St. from its intersection with Church St. extending westward as marked.

 

POLICE PARKING  (See. Sec. 5-38)

 

LOADING ZONES (See Sec. 5-38)

 

South side of Market St. west of Church St. as marked.

 

West side of Front St. between Market St. and Grubb St. as marked.

 

 

 

Schedule VIII

Diagonal Parking Required (See Sec. 5-44)

 

North side of Market St. between Church St. and Barron’s Alley.

 

 

Schedule  IX

Truck Parking Prohibited At All Times  (See Sec. 5-49 (1)

 

West side of Front St. beginning at its intersection with Grubb St. and extending northward as marked.

 

 

Schedule  X

Truck Parking Prohibited 6:30 P.M. TO 6:30 A.M.  (See Sec. 5-49 (2)

 

West side of Hyde Park St. between King St. and Dobbs St.

 

 

Schedule XI

Stop Intersections When Entered From the Street Last Named (See Sec. 5-56)

 

Grubb St. from Woodland St.

 

Dobbs St. from West Railroad Ave.

 

Grubb St. from West Railroad Ave.

 

Edenton Road St. from King St.

 

Market St. from Hyde Park St.

 

Grubb St. from West Academy St.

 

Church St. from King St.

 

Dobbs St. from Covent Garden St.

 

Market St. from Covent Garden St.

 

Market St. from Barron’s Alley.

 

Grubb St. from Covent Garden St.

 

Grubb St. from Municipal St.

 

Church St. from Punch Alley.

 

Front St. from Grubb St.

 

Church St. form Punch Alley.

 

Front St. from Grubb St.

 

Church St. from McCrary St.

 

Edenton Road St. from School St.

 

Edenton Road St. from Sunset Dr.

 

Edenton Road St. from Ballahack Rd.

 

U.S. Route 17 By - Pass form Wynne - Fork Road.

 

U.S. Route 17 By - Pass from Church St.

 

 

Schedule XII

Yield Right-of-Way Intersections When Entered From Street Last Named (See Sec. 5-57)

 

Dobbs St. from Charles St.

 

Pennsylvania Ave. from Woodland St.

 

Pennsylvania Ave. from Perry St.

 

West Railroad Ave. from Pennsylvania Ave.

 

 

Schedule XIII

Traffic Signal Intersections (See Sec. 5-58)

 

Dobbs St. and Hyde Park St.

 

Grubb St. and the street intersecting it between East Academy St. and West Academy St.

 

Grubb St. and Church St.

 

Dobbs St. and Church St.

 

Market St. and Church St.

 

Dobbs St.  and Edenton Road St.

 

Market St. and Edenton Road St.

 

Grubb St. and Edenton Road St.

 

Edenton Road St. and King St.

 

 

 

Schedule  XIV

One-Way Streets

 

East Railroad Ave. in its entirety, one-way as marked.

 

 

Schedule XV

No Left Turn Intersections When Entered From the Street Last Named

 

(See Sec.  5-63 (1)

 

 

Schedule  XVI

No Right Turn Intersections When Entered From the Street Last Named. (See Sec. 5-63 (2)

 

 

Schedule  XVII 

No "U" Turn Intersections (See Sec. 5-64)

 

 

Schedule  XVIII

20 M.P.H. Speed Limits (See Sec. 5-78 (3)(a))

 

Dobbs St. from Wood’s Lane to Perry St.

 

Church St. (US 17 Bus).  -  NC 37) from Grubb St. (SR  1110) to Dobbs St. (US 17 Buss.  - NC 37).

 

 

 

Schedule XIX

25 M.P.H. Speed Limits (See Sec. 5-78 (3)(b))

 

Grubb St. (SR 1110) from church St. (US 17 Bus.  - NC 37) to the western corporate limit, approximately 400 feet west of Carolina Ave.

 

Church St. (US 17 Bus.)  NC 37) from Grubb St. (SR 1110) to a  point 0.4  miles south of the northern corporate limit.

 

King Street from Church St. to Edenton Road St.

 

 

Schedule  XX

35 M.P.H. Speed Limits (See Sec.  5-78 (3)(c))

 

Dobbs St.  (US 17 Bus. - NC 37) from Edenton Road St. (US 17 Bus. - NC 37) to Church St. (US 17 Bus. - NC 37).

 

Edenton Road St. (SR 1125) from Dobbs St. (US 17 Bus. - NC Bus. - NC 37) to Grubb St. (SR 1110).

 

Church St. (SR 1336) from Dobbs St. (US 17 Bus. - NC 37) to US 17 Bypass.

 

Edenton Road St. (US 17 Bus. - NC 37) from Dobbs St. (US 17 Bus. - NC 37) to a point 0.27 mile south of King Street.

 

Schedule XXI

45 M.P.H. Speed Limits (See Sec. 5-78 (3) (d))

 

Edenton Road St. (US 17 Bus. - NC 37) from a point 0.27 mile south of King St. to a point 0.57 mile south of King St.

 

 

Schedule XXII

55 M.P.H. Speed Limits (See Sec. 5-78 (3) (e))

 

U.S. Route 17 By-Pass from the southern Town corporate limits to the northern Town corporate limits.

 

Wynne - Fork Road from U.S. Route 17 By-Pass to Edenton Road St.

 

Edenton Road St. from Wynne - Fork Road to the southern Town corporate limits.

 

Article I. General Authority and Control

Section 5-1  Authority

The Town of Hertford, by virtue of authority granted by its Charter and the General Statues of North Carolina, is authorized and empowered to acquire, provide, construct, establish, maintain, and operate water, sewerage, and electric systems for the Town and to extend those systems beyond the Town. 

 

 

Water/Sewer Service Fee or System Development Fee:

The purpose of this fee is to provide funds for the future upgrade of distribution lines, water supply, water treatment, gravity sewer mains, pump stations, and the wastewater treatment plant. The fee is based on recovery of no more than 50% of the future cost of the projects.

This fee shall be in addition to other fees including, but not limited to, any tap fee, security deposit, and monthly minimum.

This fee shall not apply if there presently exists a sewer tap to a sanitary sewer allowed by the Town code in combination where there is no change to existing water tap size to serve the new construction.

By adoption of this fee schedule, Council recognizes that in the future it may enter agreements with persons to share in the costs to extend sewer lines to land proposed for construction. Nothing in this fee schedule shall preclude the completion of those agreements.

 

 

         Resort Hotel/Motel Fee.

         $550 per room for sewer

         $350 per room for water

 

Laboratory and Consultation Fees

The purpose of there fees are to recover the cost of performing standard water and wastewater laboratory analysis and system consultation for area water area water users. 

1. Laboratory Analysis
   1. Chlorine Residual                      $15.00 per sample
   2. Ammonia                                   $15.00 per sample
   3. Coliform Bacteria                       $25.00 per sample
   4. Heterotrophic Plate Count         $30.00 per sample
   5. Total Trihalomethane                 $40.00 per sample
   6. Lead & Copper                           $30.00 per sample
   7. Asbestos                                     $150.00 per sample
   8. BOD, 5 day                                  $25.00 per sample
   9. TSS                                             $15.00 per sample
   10. Ammonia-Nitrogen                     $18.00 per sample
   11. Fecal Coliform                             $22.00 per sample
   12. Conductivity                                $15.00 per sample
   13. Temperature                                $12.00 per sample
   14. DO$17.00 per sample

        
       

2. Consultation Fees
   1. $40.00 per hour- Routine compliance and/or routine sampling operation & maintenance.
   2. $50.00 per hour - ORC/State reporting/on-site inspections

       
      

3. Special Services - These fees shall include, but not limited to, lechate disposal, washdown water, septic tank pumpage, and recreational vehicles. 
   1. $15.00 per 1,000 gallons
   2. Lechate acceptance fees are determined after an analysis of the lechate is evaluated for specific pollutants.
   3. Individual lechate disposal and washdown water agreements shall be required for each facility utilizing the Town’s wastewater facilities.

 

 

 

Section 5-12  Separate Connection Required

Every house or building abutting any water or sewer main and requiring a water or sewer connection shall be separately connected.

 

 

Section 5-13  Separate Meters Required 

Each building, house, dwelling unit, or commercial unit shall be metered separately. However, apartments or other multi-use or multi-occupancy buildings may have one combined connection.

 

 

Section 5-14  Connections and Meters to Remain Property of the Town

All meters, meter boxes, pipes and other equipment furnished and used by the Town in making any water connection shall be and remain the property of the Town.

Section 5-15  Maintenance of Meters

All meters shall be maintained by the Town, provided that all meters furnished by particular users shall be maintained by the Town at the expense of the particular users.

 

 

Section 5-16  Deposit Required Prior to Turning on Water Supply: Purpose; Refunds

Prior to turning on the supply of water from a Town main to any property which is connected thereto, the consumer of water for such property shall deposit with the water and sewer department the sum of $25.00.

This deposit must be made before the water is turned on.

Deposits as required by this section shall be applied to the water and sewer service bills that become delinquent; and no deposit shall be refunded until the service is discontinued except as allowed for with electric deposits where a good payment record can be established, and then only to the extent of any surplus over any unpaid service bills to become due.

A separate deposit shall be required for each water meter. No interest will be paid on the deposit.

 

 

Section 5-17  Unauthorized Turning on of Water After Shut Off by Town

No unauthorized person may: 

1. Supply or sell water from the Town system to other persons or carry away water from any hydrant, public water fountain, or other such public outlet without specific authorization from the Town;

    
   

2. Manipulate, tamper with, or harm in any manner whatsoever any waterline, sewer line, main, or appurtenance or any other part of the water or sewer system, including, but not limited to, any testing or inspection device used to measure the character or concentration of wastes discharged into the sanitary sewer system;

    
   

3. Tamper with the water meter so as to alter the true reading for the amount of water consumed and sewage discharged;

    
   

4. It shall be unlawful for any person to turn on the water supply to any premises from which the water has been shut off by the Town except by authority of the Town;

    
   

5. Attach or cause to be attached any connection to the water line before the water meter.

 

 

Section 5-18  Connection From Outside Town

No connection of any water line or system outside of the Town shall be made to the Town water system without special permission of the utilities superintendent and Town manager, on such terms as the Board of Commissioners shall prescribe.

 

 

Section 5-19  Water Rates and Charges

The rates for water furnished thorough the Town water system to property owners and consumers within the Town limits shall be as follows:

 

            Minimum monthly charges for the first 3,000 gallons is               $12.25

 

            Per 1,000 gallon rate for all over 3,000 gallons                            $4.00

 

 

Section 5-20  Connection When Water Not Returned to the Wastewater Treatment System

A water customer may request to have a separate meter installed whose sole purpose and function is to provide water for landscaping, docks, etc., where the water is not returned to the wastewater treatment system. The location, piping, etc., must be approved by the utilities superintendent. The customer shall pay the tap fee and impact fee for the meter as defined in section 6-11, make the deposit as required by section 6-16, and will be billed for water only at the appropriate rate as defined in section 6-19. There will be no charge for sewer.

In the event of a water shortage for whatever cause, the board of commissioners may suspend the use of existing and new meters for landscaping. If the suspension is temporary, the meters will be locked. If the suspension is long-term or permanent, the meters will be removed. There will be no refund or rebate of connection fees in the event of the long-term or permanent suspension of service. Customers are to be advised when they apply for service that continued long-term water availability is not guaranteed and there will be no refunds or rebates.

 

 

Section 5-21  Water and Sewer Accounts: Delinquencies; Cutoff for Nonpayment

Bills are mailed out on or about the 25th of each month.

A bill is past due if not paid by 5:00 p.m. on the 10th of the following month. A penalty will be assessed on all past due accounts.

An overdue notice will sent immediately following the 10th of the month. If the account is not paid by the Disconnection Date stated on the overdue notice, the water service shall be shut off from such property or premises until the account is paid in full. No further notice will be given prior to disconnection of the water service. A disconnection fee of $10.00 shall be applied to the account.

When the owner, consumer, occupant or person in charge of the property pays such delinquent water and sewer account in full and pays an additional reconnection charge of $15.00, the water to such premises shall be reconnected.

 

 

Section 5-22   Adjustment of Bills Due to a Leak 

The Town of Hertford offers to all residential and business customers a credit for loss of water due to a leak in the customer’s water system. This credit will only be offered under the following conditions:

1. The customer must submit proof of a leak and its repair by submitting a plumbing bill or signing a statement to the effect that there was a leak and that the leak was repaired.

2. The Town will determine that the meter reading is accurate and that a leak is not apparent by examining the leak detector on the meter.

3. The amount of excess water usage will be determined by averaging the last 12 months of water usage.

4. The customer, upon request, will be allowed a credit equal to 50% of the excess water and sewer charge. The credit will only be allowed for one billing month.

5. The customer, in accepting the credit, will not be allowed another credit, for any reason, for 12 months following the credited bill.

 

In the event the customer disputes the amount of water usage where a leak is not claimed or discovered by the Town’s examination of the meter leak detector, the customer may receive a credit under the following conditions:

1. The Town will test the meter for accuracy by flowing at least 20 gallons through the meter. If the meter test shows the meter to be accurate, the customer will be required to pay the entire utility bill.

2. Should the customer insist that the meter is not accurate following the Town’s test, the meter will be sent back to the manufacturer for testing. If the manufacturer’s test report shows the meter to be accurate, the customer will be required to pay the entire utility bill plus the cost to test the meter.

3. If the meter is found to be inaccurate such that the customer was overcharged, the customer will receive a credit for any overcharge on the water and sewer bill for a period not to exceed the most recent 12 months billing history. If the inaccuracy indicates the customer was undercharged, the Town will bill the customer the calculated amount of the undercharge for no more than the most recent 12 months billing history.

 

The Town will allow the customer to spread the amount due for water and sewer charges, if they exceed $100, over a period of four (4) months in equal payments.

 

 

Section 5-23  Water Users and Swimming Pool Sewer Credit

The Town will allow water and sewer customers to receive a credit for the sewer portion of their bill for water used in swimming pools or other uses where the water does not enter the Hertford wastewater collection system. This credit will be allowed under the following conditions:

1. A customer will be given one (1) annual adjustment of the sewer portion of their utility bill upon a written request from the customer stating the time and amount of water used toward the filling or maintenance of a swimming pool.

2. A customer can have a swimming pool filled from the fire hydrant by the Town employees at a charge of $50.00 plus the cost of the water used based on the rates in section 6-17.

 

 

 

Section 5-24  Rejection of Permit Application 

Upon application for connection permit, the Town may reject the application and decline to provide service for the following reasons:

1. Service is not available under the standard rate.

    
   

2. The cost of the service is excessive.

    
   

3. The provision of service to the applicant will adversely affect the supply of water.

    
   

4. Other good and sufficient reasons.

 

The Town may also reject an application for service if there is an outstanding amount due the Town for water or sewer service in the applicant’s name.

 

A lessee making an initial application for service to his leased dwelling shall not be refused service by the Town solely because of an outstanding amount owed the Town by another customer for service previously furnished to that same address.

 

 

Section 5-25  Alteration of System Requires Permit

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public water or appurtenances thereof without first obtaining a written permit from the Town.

 

 

Section 5-26 - 6-50  Reserved

 

Article III. Sanitary Sewer System

Division 1. General Provisions

Section 5-51  Purpose 

This article sets forth uniform requirements for direct and indirect contributions into the wastewater collection and treatment system for the Town of Hertford; hereafter referred to as the Town, and enables the Town to comply with all applicable State and Federal laws, including the Clean Water Act and the General Pretreatment Regulations (40 CFR, Part 403).

This ordinance is gender neutral and the masculine gender shall include the feminine and vice-versa. ‘Shall” is mandatory; “may” is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

The following abbreviations, when used in this ordinance, shall have the designated meanings:

1. BOD - Biochemical Oxygen Demand
2. CFR - Code of Federal Regulations
3. COD - Chemical Oxygen Demand
4. EPA - The United States Environmental Protection Agency
5. gpd-Gallons per day
6. l -Liter
7. mg - Milligrams
8. mg/l - Milligrams per liter
9. NC Gen. Statute. - North Carolina General Statutes
10. NPDES - National Pollution Discharge Elimination System
    1. & M - Operation and Maintenance
11. POTW - Publicly-Owned Treatment Works
12. RCRA - Resource Conservation and Recovery Act
13. SIC - Standard Industrial Classification
14. SWDA - Solid Waste Disposal Act
15. TSS - Total Suspended Solids
16. TKN - Total Kjeldahl Nitrogen
17. U.S.C. - United States Code.

 

The objectives of this article are to:

1. To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

    
   

2. To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into any waters of the State or otherwise be incompatible with the system;

    
   

3. To promote reuse and recycling of industrial wastewater and sludges from the municipal system;

    
   

4. To protect both municipal personnel who may be affected by sewage, sludge, and effluent in the course of their employment as well as protecting the general public;

    
   

5. To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and

    
   

6. To ensure that the municipality complies with its NPDES or Non-discharge Permit conditions, sludge use and disposal requirements and any other Federal or State laws to which the municipal wastewater system is subject.

 

This article provides for the regulation of direct and indirect contributors to the municipal wastewater system, through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

 

This article shall apply to all users within the Town and to persons outside the Town who are users of the Town’s publicly owned treatment works, whether by contract or agreement with the local government.

Section 5-52  Definitions

Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this Ordinance. Wherever a statute or regulation is cited, all subsequent amendments to and enactment’s of said statute or regulation are incorporated by reference.

 

1. Act or “the Act.” The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §1251, et seq.

    
   

2. Approval Authority. The Director of the Division Of Environmental Management of the North Carolina Department of Environment and Natural Resources or his designee.

    
   

3. Authorized Representative of the Industrial User.

    
   

   1. If the industrial user is a corporation, authorized representative shall mean:

       
      

      1. The president, secretary, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or

          
         

      2. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

          
         

   2. If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or the proprietor, respectively.

       
      

   3. If the industrial user is a Federal, State or local government facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

       
      

   4. The individuals described in paragraphs 1 and 2 above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Town.

       
      

4. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g. mg/l).

    
   

5. Building Sewer. A sewer conveying wastewater from the premises of a user to the POTW (Public Owned Treatment Works).

    
   

6. Bypass. The intentional diversion of wastestreams from any portion of a user’s treatment facility.

    
   

7. Categorical Standards. National Categorical Pretreatment Standards or Pretreatment Standard.

    
   

8. Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

    
   

9. Grab Sample. A sample that is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

    
   

10. Holding Tank Waste. Any waste from holding tanks, including but not limited to such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

     
    

11. Indirect Discharge or Discharge. The discharge or the introduction from any nondomestic source regulated under section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).

     
    

12. Industrial User or User. Any person that is a source of indirect discharge.

     
    

13. Interference. The inhibition, or disruption of the POTW treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the POTW’s NPDES or Non-discharge Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. §6901, et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any State sludge management plan prepared pursuant to Title 1V of SWDA) applicable to the method of disposal or use employed by the POTW.

     
    

14. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

     
    

15. National Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. §1317) which applies to a specific category of industrial users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 - 471.

     
    

16. National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 6-53 of this ordinance and are developed under the authority of 307(b) of the Act and 40 CFR, section 403.5.

     
    

17. New Source.

     
    

    1. Any building, structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307 (c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with section 307 (c), provided that:

        
       

       1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or

           
          

       2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

           
          

       3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

           
          

    2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of section (a)(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.

        
       

    3. For purposes of this definition, construction of a new source has commenced if the owner or operator has:

        
       

       1. Begun, or caused to begin, as part of a continuous on-site construction program:

           
          

          1. Any placement, assembly, or installation of facilities or equipment; or

              
             

          2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

              
             

       2. Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

           
          

18. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

     
    

19. National Pollution Discharge Elimination System, or NPDES, Permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. § 1342), or pursuant to NC Gen. Statute. § 143-215.1 by the State under delegation from EPA.

     
    

20. Non-discharge Permit. A disposal system permit issued by the State pursuant to NC Gen. Statute. § 143-215.1.

     
    

21. Pass Through. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW’s NPDES or Non-discharge Permit, or a downstream water quality standard.

     
    

22. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State, and local government entities.

     
    

23. pH. A measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

     
    

24. Pollutant. Any “waste” as defined in NC Gen. Statute. § 143-213(18) and any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, Medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and any agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

     
    

25. POTW Director. The Town of Hertford Administrator, appointed by the Town Board of Commissioners pursuant to Section 6-2.

     
    

26. POTW Treatment Plant. That portion of the POTW designed to provide treatment to wastewater.

     
    

27. Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollution into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

     
    

28. Pretreatment Program. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the Town in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by NC Gen. Statute. § 143-215.3(a)(14) in accordance with 40 CFR 403.11.

     
    

29. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.

     
    

30. Pretreatment Standards. Prohibited discharge standards, categorical standards, and local limits.

     
    

31. Publicly Owned Treatment Works (POTW) or Municipal Wastewater System. A treatment works as defined by section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Town. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of this ordinance, “POTW” shall also include any sewers that convey wastewater to the POTW from persons outside the Town who are, by contract or agreement with the Town, or in any other way, users of the Town’s POTW.

     
    

32. Severe Property Damage. Substantial physical damage to property, damage to the user’s treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

     
    

33. Significant Industrial User. Any industrial user of the wastewater disposal system who (i) has an average daily process wastewater flow of 25,000 gallons or more, or (ii) contributes more than 5 % of any design or treatment capacity (i.e., allowable pollutant load) of the wastewater treatment plant receiving the indirect discharge, or (iii) is required to meet a National categorical pretreatment standard, or (iv) is found by the Town, the Division Of Environmental Management or the U.S. Environmental Protection Agency (EPA) to have the potential for impact, either singly or in combination with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or compliance with any pretreatment standards or requirements.

     
    

34. Significant Noncompliance or Reportable Noncompliance.

     
    

    A status of noncompliance defined as follows:

    1. Violations of wastewater discharge limits.

        
       

       1. Chronic violations. Sixty-six percent or more of the measurements exceed (by any magnitude) the same daily maximum limit or the same average limit in a six-month period.

           
          

       2. Technical Review Criteria (TRC) violations. Thirty-three percent or more of the measurements are more than the TRC times the limit (maximum or average) in a six-month period. There are two groups of TRCs:

           
          

          1. For conventional pollutants: BOD, TSS, fats, oil and grease, TRC = 1.4

              
             

          2. For all other pollutants, TRC = 1.2

              
             

       3. Any other violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass-through; or endangered the health of the sewage treatment plant personnel or the public.

           
          

       4. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.

           
          

    2. Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

        
       

    3. Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due date.

        
       

    4. Failure to accurately report noncompliance.

        
       

    5. Any other violation or group of violations that the control authority considers to be significant.

        
       

35. Slug Load. Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in section 6-78 of this ordinance.

     
    

36. Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

     
    

37. Storm Water. Any flow occurring during or following any form of natural precipitation and resulting there from.

     
    

38. Superintendent. The person designated by the Town to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this ordinance, or his duly authorized representative.

     
    

39. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

     
    

40. Town. The Town of Hertford.

     
    

41. Upset. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

     
    

42. Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.

     
    

43. Wastewater Permit. As set forth in section 6-54 of this ordinance.

     
    

44. Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

 

 

Division 2. Use of Public Sewers

Section 5-53  Use of Public Sewers Required 

It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Town of Hertford or in any area under the jurisdiction of said Town, any human or animal excrement, garbage or other objectionable waste.

It shall be unlawful to discharge to any natural outlet within the Town of Hertford, or in any area under the jurisdiction of said Town, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Town, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within thirty (30) days after date of official notice to do so; provided, that said public sewer is within two hundred (200) feet of the property line and can be reached by gravity flow.

 

 

Section 5-54  Permit for Connection Required

No person shall make or have any connection to the sewer system until they have received a permit to do so and paid the appropriate fees as required by this article.

 

 

Section 5-55  Application for Service Connections 

Applications for sewer service connections shall be made at the Municipal Building during normal business hours. Application shall be made on the forms prescribed, shall be made in the name of the customer who will be responsible for the payment of the bills, and shall be signed by the customer or by his authorized agent. The fees specified in Section 6-11 shall accompany every application for connection.

 

 

Section 5-56  Costs to be Borne by Owner

All cost and expense incident to the connection of the building sewer on the Owner’s property shall be borne by the Owner. The Owner shall indemnify the Town from any loss or damage that may be directly or indirectly occasioned by the connection of the building sewer. Any connection into the public sewer shall be made by the Town, for which the Owner shall pay the Town a standard sewer tap fee and impact fee as defined in section 6-11.

 

 

Section 5-57  Rejection of Permit Application

Upon application for connection permit, the Town may reject the application and decline to provide service for the following reasons:

1. Service is not available under the standard rate.

    
   

2. The cost of the service is excessive.

    
   

3. The provision of service to the applicant will adversely affect the Town’s sewage treatment capabilities.

    
   

4. Other good and sufficient reasons.

The Town may also reject an application for service if there is an outstanding amount due the Town for water or sewer service in the applicant’s name.

A lessee making an initial application for service to his leased dwelling shall not be refused service by the Town solely because of an outstanding amount owed the Town by another customer for service previously furnished to that same address.

 

 

Section 5-58  Only Authorized Persons to Make Connection

All connections to the sewer system shall be made by authorized employees of the Town in accordance with specifications for such connections that may be adopted by the Town. When and if authorized by the utilities superintendent and the Town manager, connections may be made by a master plumber or contractor licensed to perform in the state.

By making application for service, the customer agrees that the Town possesses the right to inspect and accept or reject the private sewage collection systems and sewer connections before they are connected to the Town sewer system. The Town shall be given notice to inspect before the pipes are covered and the systems are connected.

It shall be mandatory that the Town be given 24 hours notice of intended connection.

 

 

Section 5-59  Alteration of System Requires Permit

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Town.

 

 

Section 5-60  Independent Sewer for Each Building; Exception

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, when approved by the Town.

 

 

Section 5-61  Old Building Sewers

No old sewers will be accepted. The approving authority may waive this requirement after the condition of the sewer has been thoroughly inspected by same.

 

 

Section 5-62  Minimum Standards of Sewer

The building sewer shall, in all cases, meet the minimum standards of the State of North Carolina Plumbing and Building Codes and be installed in accordance with all applicable OSHA requirements. Joints shall be watertight. Any part of the building sewer that is located within 10 feet of a water service shall be constructed of ferrous metal pipe with joints equivalent to water main standards. Ductile iron with mechanical joints may be required by the Town where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of ductile iron or cast iron pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Town.

Where there are multiple buildings or structures situated on one lot and where the lot owner desires to have a common water connection, and a common sewer connection, he must meet the following requirements:

1. The building or buildings to be serviced shall be in compliance with all application zoning regulations.

    
   

2. The building permit and plot shall show a single owner and shall indicate the complex of buildings to be constructed on a single lot.

    
   

3. The applicant shall be required to submit to the Town a site plan showing the proposed water and sewer systems. Such plans shall be prepared by a registered professional engineer who shall also provide satisfactory inspection of the work. Such plans shall include:

    
   

   1. Size of water lines, materials to be used for construction, valve locations and hydrant locations. All construction from the property line to the water meter shall be in accordance with Town standards and specifications. Construction beyond the water meter may be with materials permitted in the plumbing code. All construction shall be performed by either a licensed master plumber or a licensed utility contractor.

       
      

   2. Size of sewers and materials to be used for construction. All sewer lines eight inches or larger in size shall be constructed in accordance with Town Specifications and standards. All sewer lines smaller than eight inches shall be constructed in accordance with the plumbing code. All construction shall be performed by either a licensed plumber or a licensed utility contractor.

       
      

4. Should a building served by a common connection be conveyed to a new owner, the Town shall require a separate water and sewer connection from that building to the mains in the street, except in the case of condominium or Townhouse developments.

 

 

 

Section 5-63  Size and Slope of Sewer

The size and slope of the building sewer shall be subject to the approval of the Town; but in no event shall the diameter be less than four (4) inches. The slope of such 4-inch pipe shall not be less than one-eighth (1/8) inch per foot.

 

 

Section 5-64  Grades for Sewers

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to, or within three (3) feet of, any load bearing wall which might thereby be weakened. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipes and fittings.

Section 5-65  Building Drains

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

 

 

Section 5-66  Excavation and Backfill

All excavations required for the installation of a building sewer shall be open trench work, unless otherwise approved by the Town. Backfill shall not be performed until the work has been inspected by the Utilities Superintendent.

Section 5-67  Angle of Connection 

The connection of the building sewer into the public sewer shall be made at an angle of approximately 45 degrees. A 45-degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight. Special fittings may be used for the connection only when approved by the Town.

 

 

Section 5-68  Notice to Town

The applicant for the building sewer permit shall notify the Town when the building sewer is ready for inspection and connection to the public sewer.

 

 

Section 5-69  Private Sewage Disposal 

Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the County Health Sanitarian. The application for such permit shall be made on a form furnished by the County, which the applicant shall supplement by any permit and inspection fee, plans, specifications, and other information as are deemed necessary by the Sanitarian, or County regulations.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Sanitarian. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Sanitarian when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the Sanitarian.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the North Carolina Department of Environment and Natural Resources, Division of Environmental Management. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than twenty thousand (20,000) square feet.

No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 6-53, a direct connection shall be made to the public sewer in compliance with this Ordinance at the first malfunction of the private system. At this time, any septic tanks, cesspools, or similar private sewage disposal facilities shall be abandoned and filled with suitable material.

The Owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town.

In addition to the other requirements of this Section, all owners of lots on which private sewage systems are situated shall maintain such systems properly. Failure to maintain the systems properly shall constitute a nuisance which may be abated using the procedures of this Ordinance. However, notwithstanding the availability of these procedures, if a lot owner does not respond to an emergency situation where a lack of sewer service poses an immediate threat to public health, the Town may summarily abate the nuisance and bill the lot owner for all costs incurred by the Town.

No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the County Sanitarian.

Section 5-70  Extensions of Service to In-Town Property; General Policy

The Town recognizes its basic responsibility to provide water and sewer service to all properties within the corporate limits on a nondiscriminatory basis and, subject to the availability of funds, to extend its service lines to all such properties unless it is unreasonable to do so. The Town may determine that an extension of service is unreasonable for the following reasons:

1. The cost of service extension is excessive in terms of the number of customers to be serviced or because of topographical, engineering, technical, or other problems.

    
   

2. The provision of service will adversely affect the supply of water to other customers or will adversely affect the Town’s sewage treatment capabilities.

    
   

3. Other good and sufficient reasons.

 

 

 

Section 5-71  Extensions to Developed Property Within the Town

The planning and extensions of the water and sewer systems of the Town of Hertford shall be accomplished in accordance with the following general principles.

1. Extensions shall be made in a manner so as to promote the orderly growth to the Town of Hertford and its surrounding environs.

    
   

2. A front foot charge shall be established to aid in financing the extension of sewage collection facilities and water mains and such charge shall be levied as a special assessment. This charge shall apply uniformly to all properties within the corporate limits of the Town of Hertford to which water and/or sewer service is extended after the effective date of this ordinance, excepting those statutory exemptions established by chapter 160A, Article 10 of the General Statutes of the State of North Carolina and/or any exemptions set forth by this Article.

    
   

3. The Town shall be responsible for the inspection, maintenance, operation, and control of all water and sewerage facilities.

 

BASIC POLICY. Water and/or sewerage service facilities shall be extended under the expressed consent of the Town Council of the Town of Hertford. All extensions shall be financed using special assessments levied upon those properties benefiting from such improvements. The rate of the assessment levied shall represent two-thirds (66.6%) of the total cost of the extension. The remaining one third (33.3%) of the total cost of the extension shall be borne by the Town of Hertford.

 

Exceptions.

This article of the Town of Hertford’s Water and Sewer Extension Policy shall not apply to any land covered by an extension agreement between the developer or property owner and the Town council where such agreement was arrived at, dated, and recorded in the minutes of the Town council before the effective date of this ordinance, including but not limited to final plats of subdivisions as approved under the then current subdivision review procedures of the Town of Hertford. Where any such agreement expressly sets forth that subsequent phases of development are within the purview of the original agreement this article shall be held not to apply to such subsequent phases of development.

 

Extensions

Extensions within the corporate limits may be entered into either upon the request of property owners not served by the present system or upon the Town council finding that such extensions are necessary to address current needs or the demand of future development.

Within the corporate limits the Town may require under the authority granted by General Statute 160A-317, that owners of improved property connect their premises with the water and/or sewer system.

 

Assessments:    Method of Authorization. Eligible Costs

In designating special assessments as the method of financing water and sewer extensions, the Town of Hertford shall follow the procedures established by Chapter 160A, Article 10 of the General Statutes of the State of North Carolina.

All projects costs incurred in the construction of water and/or sewer extensions shall be considered in setting the amount of the levy. Such costs may include costs of rights-of-way, legal expenses incurred and any interest paid during construction in addition to the project costs let to bid or performed by municipal construction forces.

 

Assessments:    Basis of Computation

There shall be levied against any abutting property a charge representing two-thirds (33.3%) of those costs incurred in installing water and/or sewer extensions along the frontage of that property regardless of category of use.

In case of corner lots of any category use, seventy-five percent (75%) of the shortest side or 150 feet of the shortest side, whichever is greatest, shall be exempted from front foot assessment.

 

Assessments:    Resolutions. Assessment Rolls

In all cases where extensions are to be made to the Town of Hertford’s water and /or sewer facilities, all resolutions and the public hearings required for the same shall be scheduled and conducted according to Chapter 160A, Article 10 of the General Statutes of North Carolina.

The preparation and publication of all assessment rolls involved in the financing of water and/or sewer extensions shall be consistent with the statutory requirements of Chapter 160A, Article 10 of the General Statutes of North Carolina.

 

Assessments:    Collection. Enforcement

Within 30 days after the publication of notice that the assessment roll has been confirmed, the owners of the assessed property shall either pay their assessment in cash or enter into an installment payment agreement with the Town of Hertford. In such cases where the owner of the assessed property chooses to pay the levy in installments, the first installments shall become due and payable September 1 of the year in which the assessment roll is published and one subsequent installment and interest shall be due and payable on the same date of the month in each successive year until the assessment is paid in full. The amount of the principal to be paid in each annual installment shall not be less than one-seventh (1/7) of the original assessment. The payment of the original assessment and any interest accumulated on any balance outstanding after the cash payment date at a rate of eight percent (8%) per annum shall be paid in full within 7 years of the first annual installment date. All installments shall be made to the Town of Hertford through the Town Clerk. The failure of any property owner to meet any annual installment as set forth above gives the Town of Hertford the right to declare all installments and interest due and payable.

When special assessments are made against property that is or about to be subdivided, the Town council may, with the consent of the owner of the property, apportion the assessment among the lots or tracts to be benefited by the project that lie within said subdivision. Such apportionment action and its affect upon the original assessment and lien and the official recording of such action shall follow those procedures established by Section 160A-236 of the General Statutes of North Carolina.

 

Specifications:  Ownership

Any water mains or sanitary sewer mains extended under the provisions of this Article shall be installed and constructed in accordance with the approved plan, specifications, and requirements of the Town of Hertford. All facilities installed under the provisions of this Article shall become the sole property of the Town of Hertford and under its jurisdiction and control for any and all purposes what so ever at the time such facilities are connected to the Town systems.

 

 

Section 5-72   In-Town Extensions Within New Subdivisions

As indicated in Section 6-70, the Town recognizes its responsibility to extend its water and sewer lines to properties within the Town. However, the responsibility for extending water and sewer lines within new subdivisions or within other new developments lies with the subdivider or developer, although the Town may in its discretion contract with the subdivider or developer to install such water and sewer lines.

The cost of extending water or sewer lines within new subdivisions or other new developments shall generally be borne by the subdivider or developer. However, if the Town requires lines within a subdivision or other new development that are larger than those necessary to serve the project and are located so as to serve other properties, the Town shall reimburse the developer for any additional costs incurred as a result of installing such oversized lines. Such reimbursement shall be paid at the time the lines are connected to the Town’s system.

 

 

Section 5-73  Extensions Within Extraterritorial Area 

The planning and extension of the water and sewer systems of the Town of Hertford shall be accomplished in accordance with the following general principles.

1. Extensions shall be made in a manner so as to promote the orderly growth of the Town of Hertford and its surrounding environs.

    
   

2. A water and sewer acreage charge and a front foot charge shall be established to aid in the financing of new major sewage collection facilities and major water mains. Those charges shall apply uniformly to all properties within the Town of Hertford’s extraterritorial area to which service is extended after the effective date of this ordinance, excepting those statutory exemptions established by Chapter 160A, Article 10 of the General Statutes of the State of North Carolina and/or any exemptions set forth by this Article.

    
   

3. The Town shall be responsible for the maintenance, operation, and control of all water and sewerage facilities.

 

BASIC POLICY. Each developer of land shall be responsible for providing water and sewer line connections and all necessary pump stations, lift stations and fire hydrants between his property and an approved public water and/or sewerage disposal system. The developer shall be reimbursed for that portion of the cost of such installation which is in excess of an acreage charge, said reimbursement to come from acreage charges and/or front foot charges levied against property developed subsequent to the installation of his connection and utilizing said improvements.

 

Extensions

Any property owner, owners, or developer desiring to have water or sanitary sewer services extended to and along any public street or other public way where no water or sanitary sewer main exists shall apply in writing to the Town council requesting such water and/or sewer service. Said application shall contain plans in sufficient detail in order to allow the Town council to determine the adequate size facilities necessary for the proposed extension.

Upon approval of the preliminary extension plans by the Town council, the property owner or developer shall be responsible for providing water and sewer line connections together with all approved pump stations, lift stations, and fire hydrants between the owner’s property and an approved water and/or sewer system. All contracts for the installation of water and sewer lines shall be subject to the inspection and approval of the Town of Hertford by and through the Town manager and shall be made in accordance with specifications promulgated by the Town of Hertford.

If any owner or developer installing said water improvements enters into a reimbursement agreement with the Town of Hertford, said owner or developer shall be entitled to reimbursement for the cost of the extension in accordance with this Article.

 

Extension Charges

In addition to all other charges prescribed now or hereafter, acreage charges shall be made against the total acreage within each lot or tract within the Town of Hertford’s extraterritorial area in which water and sewer service is extended after the effective date of this ordinance. The water and sewer charges shall be collected by the Town before permission is granted to connect water and sewer lines serving any property with water and sewer facilities of the Town. The schedule of charges shall be as follows:

1. There shall be a charge for connecting with the sewer system of the Town of Three Hundred Fifty Dollars ($350) per gross acre for all classes of property to be served by such connection.

2. There shall be a charge for connection with the water system of the Town of Two Hundred Fifty Dollars ($250) per gross acre for all classes of property to be served by such connection.

3. A property owner whose property abuts a water or sewer line installed under the reimbursement plan and from which a service connection is made must pay a front foot fee in addition to the acreage fee above. The front foot fee shall represent one-half (1/2) of the total linear foot costs incurred in installing water and/or sewer extensions along the frontage of the subject property. (For eligible costs, refer to Section 6-72, paragraph two.

4. The total acreage charge for any tract or lot on which there is but one residential dwelling unit shall not exceed the charge for two acres nor be less than the charge for one-half (1/2) acre. Provided in cases covered by this provision, the owner shall designate the two acres against which the charge is to be credited and the acreage charge against any remaining acreage shall be made when service is extended to any structure thereon.

5. The total front foot fee for any tract or lot on which there is but one residential dwelling unit shall not exceed the fee charged for four hundred (400) feet of frontage nor be less than that charged for two hundred (200) feet of frontage. Provided in cases covered by this provision, the owner shall designate the frontage against which these fees are to be credited and the front fee against any remaining frontage will be made when service is extended to any structure thereon.

6. The owner of a tract of land, which is to be developed in phases, may pay the acreage charge for each phase prior to beginning construction of that particular phase.

7. Gross acre, as herein used, is defined to include the entire area of a subdivision without exception as to areas included within streets, alleys, private parks, lakes, or ponds or otherwise; provided, however, that public parks, lake, and recreational areas actually accepted by the Town for public use and actually conveyed to the Town by recorded deed shall be excluded when computing gross acreage. With respect to lots situated upon streets or roads not existing, the term gross acre shall not include any land falling within the dedicated right-of-way of any abutting street or streets.

8. Provided, that acreage fees for public schools shall be limited as follows:

9. 1.  Elementary Schools: Pay fee for a maximum of four acres.
   2. Junior High Schools: Pay fee for a maximum of seven acres.

    
   

   1. Senior High Schools: Pay fee for a maximum for ten acres.

    
   

10. Provided, that if any land so subject to the provisions of this section is ever conveyed to a grantee other than a school board or other local government agency providing services to the public to the public at large, it shall be subject to the then applicable acreage fee without limitation when additional water and/or sewer capacity is required.

11. Provided, further, that no acreage charges shall be imposed upon the following conditions:

12. 1.  Land lying in totality within the corporate limits of the Town of Hertford on the effective date of this ordinance.

    2. Any land covered by a recorded agreement between the developer and the Town of Hertford arrived at, dated, and recorded in the minutes of the Town council before the effective date of this ordinance, including but not limited to final plats of subdivisions as approved under then current subdivision review procedures of the Town of Hertford.

    3. Land lying within specified boundaries which has Town approved water and/or sewer plans on or before the date of adoption, provided that such water and sewer plan is completed within eighteen (18) months from the effective date of this ordinance.

    4. Property which is actually tapped onto the Town water and sewer system and which is actually using such system as of the effective date of this ordinance.

    5. Any usable water or sewer line in existence, adjacent to or within property to be connected with said system, which was in place prior to the effective date of this ordinance. (A usable utility line does not include outfalls or water mains where direct service taps are not permitted.)Any other areas for which separates water and sewer contracts have been made between the Town and developers and/or property owners prior to the effective date of this ordinance.

 

Specification:    Ownership

Any water mains or sanitary sewer mains extended under the provisions of this Article shall be installed and constructed in accordance with the approved plans, specifications, and requirements of the Town of Hertford. All facilities installed under the provisions of this Article, whether within or outside the corporate limits of the Town, shall become the sole property of the Town of Hertford and under its jurisdiction and control for any and all purposes whatsoever at the time such facilities are connected to the Town systems. In addition, all deed to the Town for water or sewer facilities which are located outside the corporate limits, the cost of which is borne by any individual property owners, shall be executed prior to the time any extensions provided for in this Article are connected to the Town systems.

 

 

Section 5-74  Extensions Made by Other than Town Personnel

All additions to the Town’s water or sewer system by other than Town personnel, whether inside or outside the Town, shall be performed in accordance with the provisions of this chapter as well as all other applicable Town specifications and requirements. These include, but are not limited to, specifications governing the size of all lines, their location, grade, materials used, manner of installation, and provision for future extensions.

No construction on any addition to the Town’s water or sewer system shall commence until detailed plans have been reviewed and approved by the administrator. Such plan shall include whatever information the administrator deems reasonably necessary to determine whether the proposed extension complies with all applicable Town specifications and requirements.

Water lines intended for addition to the publicly owned water system will be allowed to connect to the system only if installed within the right-of-way of a publicly dedicated and opened street, except that the Town may accept an offer of dedication of lines installed within unsubdivided commercial or industrial developments if necessary easements are provided. Sewer lines shall also be installed within public street rights-of-way wherever practicable, but the Town may accept sewer lines constructed on private property (where the topography makes this necessary) if adequate permanent easements are provided.

To protect street surfaces, the Town may require that whenever extensions of water or sewer lines are made to properties or within new subdivisions, laterals shall be extended to all properties expected to tap on to such water or sewer lines.

By making application for extension to the Town’s water or sewer system, the person responsible for the extension agrees to indemnify and holds the Town harmless from all loss, cost, damage, liability, or expense resulting from injury to any person or property arising out of the extension of such service lines.

 

 

Section 5-75  Inspection by Town of Work Done by Others

All work on the extension of water or sewer lines not performed by Town personnel (whether inside or outside the Town) shall be subject to inspection by the Town. If, in the judgment of the Administrator, there is a demonstrated lack of competent supervision by a contractor, the Administrator may at his option:

1. Halt work until approved supervision is obtained and the work done in accordance with Town specifications and requirements; or

    
   

2. Provide constant inspection by Town personnel at the expense of the applicant. Inspection of a project by the Town does not consist of or imply supervision. The person requesting the extension is solely responsible for ensuring that the project is completed according to Town specifications (if the work is not done by Town personnel), and may be required to bring the project into conformity with such specifications and requirements, including correction of work already performed.

Section 5-76  Dedication of Water and Sewer Line Extensions

1. All water and sewer mains constructed and connected with the facilities of the Town pursuant to this section shall be conveyed to and become the property of the Town upon completion and acceptance by the Town. Connection to the system and acceptance by the Town shall constitute dedication of a water or sewer main extension by the person responsible for the extension.

2. Following dedication as provided in subsection (1), the Town shall have exclusive control of all water or sewer lines and shall be responsible for their maintenance, repair, and operations. However, the conveyor of additions to the system shall guarantee the entire project against defective material and workmanship for a period of twelve (12) months from the date of completion and acceptance of the project, including all incidental damages as may arise from such claims.

 

 

 

Section 5-77  Prohibited Activities

No unauthorized person may:

1. Supply or sell water from the Town system to other persons or carry away water from any hydrant, public water fountain, or other such public outlet without specific authorization from the Town;

    
   

2. Manipulate, tamper with, or harm in any manner whatsoever any water line, sewer line, main, or appurtenance or any other part of the water or sewer system, including, but not limited to, any testing or inspection device used to measure the character or concentration of wastes discharged into the sanitary sewer system;

    
   

3. Tamper with the water meter so as to alter the true reading for the amount of water consumed and sewage discharged;

    
   

4. Attach or cause to be attached any connection to the water line on the Town side of the water meter.

Section 5-78  Prohibited Discharge Standards 

1. General Prohibitions. No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any National, State, or local pretreatment standards or requirements.

    
   

2. Specific Prohibitions. No user shall contribute or cause to be contributed into the POTW the following pollutants, substances, or wastewater:

    
   

   1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F (600C) using the test methods specified in 40 CFR 261.21.

       
      

   2. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one half inch (1/2”) in any dimension.

       
      

   3. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

       
      

   4. Any wastewater having a pH less than 5.0 or more than 12.5, or wastewater having any other corrosive property capable of causing damage to the POTW or equipment.

       
      

   5. Any wastewater containing pollutants, including oxygen-demanding pollutants (BOD, etc.) in sufficient quantity (flow or concentration) either singly or by interaction with other pollutants, to cause interference with the POTW.

       
      

   6. Any wastewater having a temperature greater than 1500F (550C), or which will inhibit biological activity in the POTW treatment plant resulting in Interference, but in no case wastewater which infuses the temperature at the introduction into the treatment plant to exceed 1040F (400C).

       
      

   7. Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

       
      

   8. Any trucked or hauled pollutants, except at discharge points designated by the POTW Director in accordance with section 6-84 of this ordinance.

       
      

   9. Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

       
      

   10. Any substance which may cause the POTW’s effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.

        
       

   11. Any wastewater which imparts color which cannot be removed by the treatment process, including, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts sufficient color to the treatment plant’s effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses.

        
       

   12. Any wastewater containing any radioactive wastes or isotopes, except as specifically approved by the POTW Director in compliance with applicable State or Federal regulations.

        
       

   13. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the POTW Director.

        
       

   14. Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l.

        
       

   15. Any sludges, screenings or other residues from the pretreatment of industrial wastes.

        
       

   16. Any medical wastes, except as specifically authorized by the POTW Director in a wastewater discharge permit.

        
       

   17. Any material containing ammonia, ammonia salts, or other chelating agents, which will produce metallic complexes that interfere with the municipal wastewater system.

        
       

   18. Any material that would be identified as hazardous waste according to 40 CFR Part 261 if not disposed of in a sewer, except as may be specifically authorized by the POTW Director.

        
       

   19. Any wastewater causing the treatment plant effluent to violate State Water Quality Standards for toxic substances as described in 15A NCAC 2B.0200.

        
       

   20. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test.

        
       

   21. Recognizable portions of the human or animal anatomy.

        
       

   22. Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system.

        
       

   23. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter.

        
       

   24. Any substance discharged in a quantity that would cause any portion of the POTW to be hydraulically overloaded.

        
       

   25. Waste from garbage shredders and grinders shall not be acceptable for discharge into a Town sewer, except:

        
       

       1. Wastes generated in preparation of food nominally consumed on the premises; or

           
          

       2. Where the user has obtained a permit for that specific use from the Town, and agrees to undertake whatever self-monitoring is required to enable the Town to determine the waste constituents and characteristics and applicable fees and charges.

           
          

          Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the Town sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.

   26. No persons shall discharge any substances directly into a manhole or other opening in a Town sewer other than through an approved building sewer, unless he has been issued a permit by the Town. If a permit is issued for such a direct discharge, the User shall pay the applicable charges and fees and shall meet such other conditions necessary to properly treat this discharge as required by the Town.

        
       

   27. No person shall discharge any holding tank waste, including by definition, but not limited to, pumpings from septic tanks into a Town sewer, unless he has been issued a permit by the Town. Unless otherwise allowed by the Town under the terms and conditions of this permit, a separate permit must be secured for each separate discharge. This permit will state the specific location of the discharge, the time of day the discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a Town sewer, the User shall pay the applicable charges and fees and shall meet such other conditions necessary to properly treat this discharge as required by the Town. An exception to the above is that no permit will be required for discharge of domestic wastes from recreational motor home holding tanks, provided that such discharges are made into a Town approved facility designed to receive such wastes.

Monitoring facilities for holding type wastes such as those described in the preceding paragraph shall be provided by the User when in the exclusive judgment of the Town they are deemed reasonably necessary for monitoring purposes.

Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal wastewater system. All floor drains located in process or materials storage areas must discharge to the industrial user’s pretreatment facility before connecting with the system.

When the Utilities Superintendent determines that a user(s) is contributing to the POTW any of the above enumerated substances in such amounts which may cause or contribute to interference of POTW operation or pass through, the Utilities Director shall: 1) advise the user(s) of the potential impact of the contribution on the POTW ; and 2) take appropriate actions for such user to protect the POTW from interference or pass through.

 

 

Section 5-79  National Categorical Pretreatment Standards

Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Chapter 1, Subchapter N, Parts 405-71, which are specifically incorporated herein.

1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the POTW Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
2. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the POTW Director shall impose an alternate limit, using the combined waste streams formula in 40 CFR 403.6(e).
3. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
4. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

 

 

 

Section 5-80  Prohibition of Storm Drainage, Groundwater and Wastewater

Stormwater, groundwater, rain water, street drainage, and subsurface, roof or yard drainage shall not be discharged through direct or indirect connection to a Town sewer. Remediated groundwater may discharge through direct connection by permit only. Sanitary wastewater shall not be discharged into the storm sewer system, without exception

 

 

Section 5-81  Prohibition of Unpolluted Water

Unpolluted water, including but not limited to, cooling water, process water, or blow-down water from cooling towers or evaporation coolers shall not be discharged through direct or indirect connection to a Town sanitary sewer; however unpolluted water may be discharged, when approved by the Town, into a storm sewer system.

 

 

Section 5-82  Limitations on Radioactive Wastes

No person shall discharge or cause to discharge any radioactive waste into a Town sewer except:

1. When the person is authorized to use radioactive materials by the State Department of Environment and Natural Resources, Division of Environmental Management or other government agencies empowered to regulate the use of radioactive materials;

    
   

2. When the waste is discharged in strict conformity with the current state radiation control and Atomic Energy Commission (AEC) regulations and recommendations for safe disposal;

    
   

3. When the person is in compliance with all lawful rules and regulations of all other applicable agencies having jurisdiction;

    
   

4. When several users are discharging radioactive wastes or materials to the public sewer, they shall, upon notification, cooperate in limiting the release of the material and shall file with the Town a statement of their pro-rata discharges.

 

If this is not done within a reasonable time after notifications, sewer use may be discontinued by the Town.

 

 

Section 5-83  Limitations on Wastewater Strength 

In order that the biological treatment process is not subjected to unacceptable levels of toxic wastes and so that the process can function properly to meet state and federal standards, it shall be unlawful for any person to discharge into the Town’s sanitary sewer system, wastewater that exceed the design parameters of the sanitary sewer system. The Town reserves the right to sample without notice any wastewater discharge it believes to be detrimental to the operation of the sanitary sewer system. Should the results of the sample indicate that the discharge exceeds the design parameters of the sanitary sewer system, the Town reserves the right to:

1. Assess fees in addition to the normal sewer charges for the costs associated with treatment beyond the design parameters.

    
   

2. Require the user to install at his expense on-site pretreatment apparatus which would contain the discharge within the sanitary sewer system design parameters.

    
   

3. Suspend wastewater service until the user causes his discharge to meet the sanitary sewer system design parameters.

 

Section 5-84  Schedule of Charges and Fees

The Town through its board of commissioners, shall adopt a schedule of charges and fees designed to cover the wastewater system costs including operation, maintenance and replacement, and which will enable the Town to comply with the revenue requirements of the state Clean Water Grant Program and Public Law 92-500.

The schedule of charges and fees shall provide a user charge system whereby each user which discharge pollutants to the sewer system, or causes an increase in the cost of managing the effluent or sludge from the treatment works shall pay for such increased costs.

 

 

Section 5-85  Types of Charges and Fees 

The charges and fees established in the Town’s schedules of charges and fees, may include, but not be limited to:

1. Impact fees

    
   

2. Connection or tap fees

    
   

3. Fees for extra monitoring, i.e., that which requires costs above the average cost of assessing an average or representative analysis

    
   

4. Fees for permit application (include regular monitor charges on permit).

    
   

5. Appeal fees.

    
   

6. Charges and fees based on wastewater constituents and characteristics.

    
   

7. Industrial waste surcharges

    
   

8. User charge payments

    
   

9. Security deposits.

Section 5-86  Wastewater Rates and Charges 

The board of commissioners shall review, at least annually, the Town’s charges, fees and sanitary sewer user charge system, and shall revise each periodically, as needed, to reflect the actual costs and expenses of the system, including actual treatment working operation, maintenance, and debt service. The rates for wastewater collection and treatment services provided to property owners and consumers located within the Town limits shall be determined as follows: 

1. Fixed charge. There shall be a fixed charge for each user which is a minimum monthly sewer charge. No volume allowance is incorporated into this minimum charge.

    
   

2. Variable charge. There shall be a variable rate per each 1,000 gallons of metered water consumption for each user. Calculations shall be prorated for actual gallons of water consumed.

    
   

3. Multiple users. All multiple users served by bulk or single water meters shall be charged as single users.

    
   

4. Rates. The sanitary sewer system charge shall be as follows:

           Minimum monthly charges for the first 3,000 gallons is:            $12.00

            Per 1,000 gallon rate for all over 3,000 gallons                         $3.75

5. Rates for outside of Town limits. Rates for consumers located outside the Town limits shall be the same as the rate charged by Perquimans County.

Section 5-87  Security Deposits

Users should review section 6-17 for security deposits required for each water meter. If service is for sewer only, the deposit requirements are as delineated in section 6-17.

 

 

Section 5-88  Access to Premises 

Duly authorized agents of the Town shall have access at all reasonable hours to the premises of the customer for the purpose of installing or removing Town property, inspecting piping or apparatus, reading or testing meters or for any other purpose in connection within the Town’s service or facilities. Application for service shall constitute consent by the customer to access his premises for these purposes.

Section 5-89  Impact Fee and Tap Fee 

There shall be a impact fee and a tap fee for each and every new connection to the sanitary sewer system, which shall be paid in full prior to the tap being made. These fees are listed in section 6-11and are based on the size of the tap.

 

 

Section 5-90  Operation and Maintenance of Extraneous Flows 

In order to cover the costs of operations and maintenance for all flows not directly attributable to users (i.e. infiltration/inflow), the Town shall provide that these costs be distributed among all users in the same manner that it distributes the costs for their actual use.

 

 

Section 5-91  Financial Management

In order to provide for sound fiscal management of the Town’s sanitary sewage treatment and collection system, the Town, through its board of commissioners, shall provide for a separate accounting of all revenues and expenditures associated with the operations, maintenance and replacement of the system.

 

 

Section 5-92  Inconsistent Agreements 

The Town’s wastewater charges and fees system as set forth in section 6-85 of this article shall have precedence over any previous terms, condition or contracts which are inconsistent with the requirements of section 2.04(1)(A) of the Clean Water Act (PL92-500) and Federal Register Section 40 CFR25.2140(9).

 

 

Section 5-93  Adjustments of Bills

Adjustments of bills due to a leak are allowed as set forth in section 6-22.

Section 5-94  Duties of User Upon Unlawful Discharges 

Any user who discharges wastes in violation of this article shall, upon discovery thereof, immediately notify the Town so that necessary countermeasures may be taken to minimize the damage to the Town sewer system, treatment facilities, treatment processes and receiving system. The user shall immediately correct the source of the violation. In addition, such user shall, within 15 days of such occurrence, deliver to the Town a written detailed report describing the cause of such discharge and the measures taken or to be taken to prevent a reoccurrence in the future.

Any user who has an accidental discharge which violated this article and who gives notice and the report provided for in the preceding paragraph shall be relieved from any civil or criminal penalties unless the violations continue or reoccur. In no case shall the user be relieved from liability to the Town for any expenses, loss or damage to the Town’s sewer system, treatment facility, treatment processes or receiving system, nor from liability for any fines imposed upon the Town by the State Department of Natural Resources and Community Development, Division of Environmental Management, under the provisions of G. S. 143-215.6, or the Environmental Protection Agency, under any applicable federal law or regulations, or the county nor from termination of service, suspension or revocation of any discharge permit or injunctive relief if the measures taken or to be taken to prevent a reoccurrence are not adequate.

Section 5-95  Termination or Interruption of Services by Town 

1. The Town, through the designated administrator of this article, may terminate service at any time to enforce any of the provisions of this article including the following reasons:

    
   

   1. Refusal by the customer to pay in full an account that remains delinquent as described in section 6-21;

       
      

   2. Prevention of fraud or abuse by a customer;

       
      

   3. Failure of the customer to comply within any of the provisions of this article.

       
      

2. The Town reserves the right to discontinue or interrupt service temporarily for any of the following reasons:

    
   

   1. Emergency repairs;

       
      

   2. Insufficient supply or treatment capacity;

       
      

   3. Strike, riot, flood, accident, act of God, or any other unavoidable cause.

 

The Town shall make a good faith effort to notify affected customers before service is discontinued or interrupted. However, the customer, by making application for service, agrees to hold the Town harmless from liability for any damages that may occur due to discontinuance or interruption of service for the above mentioned causes.

 

The Town shall have the absolute right to terminate service prior to notice and/or any hearing for any violation of section 6-78 or the occurrence of conditions set forth in subsection (a) of this section. If service is disconnected as the result of violations of section 6-78 or the occurrence of conditions set forth in subsection (a) of this section, the Town shall make good faith efforts as soon as possible following the termination to mail a notice of the action to the address of the customers account informing the customer;

 

1. That the Town has terminated service as the result of a violation or the occurrence of conditions which violation or occurrence of conditions shall be specified.

    
   

2. What actions the customer may take to have service restored.

    
   

3. That the customer is entitled to be heard by a designed employee at a specified address or telephone number during stated business hours if there is any question about the accuracy or legitimacy of the reason stated for the termination. Any hearing may be held by phone or, at the request of the customer, the customer may meet in person at the Town hall on that date and time scheduled by the Town manager within seven days from the date of the customer’s request for a hearing. The hearing shall be conducted informally and the customer shall be given every reasonable opportunity to bring to the attention information that bears upon the reasons for which termination has taken place.

    
   

4. Upon any termination of services as provided herein, it shall be unlawful for any person other than a duly authorized agent or employee of the Town to do any act that results in the resumption of service.

    
   

5. Before service shall be reinstated, the customer shall be required to correct any violation that has occurred which resulted in the termination of service and to make restitution to the Town for any damages that have been incurred as the result of the violation and to remit any charge for service reinstatement as required by the Town.

 

 

 

Section 5-96  Procedure for Service Termination and Reinstatement 

Water and sewer service termination shall be effected by the customer service technician and the utility department superintendent.

When service is terminated, discontinued or interrupted for any reason it shall be unlawful for any person other than a duly authorized agent or employee of the Town to do any act that results in the resumption of service.

A charge for service reinstatement shall be made pursuant to a schedule of rates and charges adopted by the Town board.

 

 

Section 5-97 Termination at Customer’s Request 

The customer shall request that service be discontinued (for a change in occupancy or other reason) at least one day before the customer desires the termination to become effective.

The customer shall be responsible for all water consumed and for prorated service up to the time service is terminated, or until one day following receipt of the request for termination, whichever occurs sooner.

When all charges for service are paid in full, the customer’s deposit shall be refunded.

The customer shall be entitled to be heard by a designated employee concerning any dispute about the amount of the deposit refund. The employee shall inform the customer in writing of his decision and the reasons therefore as soon as reasonably possible.

 

 

Section 5-98  Responsibility for Maintenance and Repair of Services 

New Services:

After adoption of this ordinance, all new sanitary sewer connections shall provide for a clean-out to be located at the property line or 75 feet from the main sewer line, whichever is less. Renewal or repair of sewer service from the clean-out to the main line shall be made at the expense of the town and renewal or repair from the clean-out to the building shall be at the expense of the abutting property owner, agent, consumer or occupant.

 

Existing Services:

Following adoption of this ordinance the abutting property owner, agent, consumer or occupant who is served with sewer service by the town shall have the option after said date to install, at his own expense, a clean-out to be located at the property line or 75 feet from the main sewer line, whichever is less. After a clean-out has been installed, renewal or repair of sewer service from the clean-out to the main line shall be at the expense of the town and renewal or repair of the clean-out to the building shall be at the expense of the abutting property owner, agent, consumer or occupant.

Whenever any service to any building or premises without a clean-out becomes clogged, broken, out of order or in any condition detrimental to the use of the sewer service, the owner, agent, consumer or occupant having charge of such building or premises shall be held responsible for the immediate removal or repair of the sewer service from the building to the main necessary to maintain an uninterrupted sanitary disposal system. Renewal or repair of sewer services from the main line to the property line shall be made at the expense of the abutting property owner, agent, consumer or occupant until a clean-out is installed.

Whenever any repair work is performed as required by this section, such work shall be performed only by a licensed contractor or plumber authorized to perform such work by the town and shall be subject to supervision and inspection by the water and sewer superintendent or the employee the town designated for that purpose.

 

 

Section 5-99 -  5-125 Reserved

 

ARTICLE IV.  ELECTRIC LIGHT AND POWER SYSTEM

Section 5-126  Superintendent

The Board of Commissioners shall appoint a Superintendent of the Electric Light and Power System who shall have operational control of the System under the general supervision of tie Board.

 

 

Section 5-127  Customer Service Guidelines

The Board of Commissioners shall establish the Customer Service Guidelines Ordinance which shall provide uniformity of service for the power system customers. The Customer Service Guidelines although published separate from this article are considered a part of this article.

Section 5-128  Electric Rates

The rates and charges for electric power shall be those rates and charges as may from time to time be established by the Board of Commissioners. (See current Schedule of rates on file in the office of the Clerk or Superintendent.)

 

 

Section 5-129  Moving of Buildings

The cost of moving and replacing any Town electric lines for the purpose of moving buildings shall be paid by the owner of the building being moved.

 

 

Section 5-130 – 5-150      Reserved

 

 

Article V.  Street Improvements within Corporate Limits

Section 5-151  Policy Statement: Improvements Within Corporate Limits 

The planning and construction of street improvements within the Town of Hertford shall be accomplished in accordance with the following general principles.

1. Improvements shall be made in a manner so as to promote the orderly growth of the Town of Hertford and its surrounding environs.

    
   

2. A front foot charge shall be established to aid in financing street improvements in such cases where a petition is presented to Town Council requesting street improvements signed by a majority of the property frontage of the lands abutting the street to be improved. Such charge shall be levied as a special assessment. This charge shall apply uniformly to all property abutting the street to be improved after the effective date of this ordinance, excepting those statutory exemptions established by Chapter 160A Article 10 of the General Statutes of the State of North Carolina (G.S.), and/or any exemptions set forth by this Article.

    
   

3. Street improvements not petitioned for by the abutting property owners, as set forth in (b)above, shall be paid for by the Town of Hertford, excepting such situations as set forth by this Article or other regulations of the Town where such improvements are to be put in by the person owning the butting property.

    
   

4. The Town shall be responsible for the inspection, maintenance, operation and control of all streets improved under thus Article.

 

Basic Policy.

Streets shall be improved only under the expressed consent of the Town Council of the Town of Hertford. All improvements installed under a petition which is sufficient under Section 2 above and G.S. 160A-217 shall be financed using special assessments levied upon those properties benefiting from such improvements. The rate of the assessment levied shall represent one-half (50%) of the total cost of the improvements, excluding the costs of improvements made at street inspections. The remaining one-half (50%) of due total costs of the improvements and the costs of improvements made at street intersections shall be borne by the Town of Hertford. All costs of improvements not entered into under a petition sufficient under Section 2 above and 160A-217 shall be borne by the Town of Hertford, except where other provisions are established either by this Article or other regulations of the Town of Hertford.

 

Exceptions.

This Article of the Town of Hertford’s Street Improvements Policy shall not apply to any land covered by a Street Improvement agreement between the developer (s) or property owner (s) and the Town Council where such agreement was arrived at, dated, and recorded in the minutes of the Town Council before the effective date of this ordinance, including but not limited to final plats of subdivisions approved under the then current subdivisions review procedures of the Town of Hertford. Where any such agreement expressly sets forth that subsequent phases of development are within the purview of the original agreement, this article shall be held not to apply to such subsequent phases of development.

 

Definition of Terms.

The term “street improvements” as used in this Article is defined as the paving of streets and all associated grading and base preparation, and the construction of curbs and gutters and accompanying storm drainage systems.

Section 5-152  Assessments: Method of Authorization. Eligible Costs

Eligible Costs. In such cases where special assessments are used as the method of financing street improvements, the Town of Hertford shall follow the procedure established by Chapter 160A, Article 10 of the General Statutes of the State of North Carolina.

All project costs incurred in the construction of street improvements shall be considered in setting the cost of the levy. Such costs may include costs of rights-of-way, legal expenses incurred, and any interest paid during construction on addition to the project costs let to bid or performed by municipal construction forces.

 

 

Section 5-I53  Assessments: Basis of Computation

There shall be levied against any property abutting improvements financed with special assessment a charge representing one-fourth (25%) of those costs incurred in installing improvements along the frontage of that property regardless of the category of use.

In the case of corner lots, no charge shall be made against any abutting property for costs of improvements made at intersections.

In the case of corner lots of any category of use, seventy-five percent (75%) of due shortest side or 150 feet of the shortest side, whichever is greatest, shall be exempted from front foot assessment.

 

 

Section 5-154   Assessments: Resolutions. Assessment Rolls

In all cases where street improvements are financed with special assessments, all resolutions and the public hearings required for the same shall be scheduled and conducted according to Chapter 160A, Article 10 of the General Statutes of North Carolina.

The preparation and publication of all assessment rolls involved in the financing of the street improvements shall be consistent with the statutory requirements of Chapter 160A, Article 10 of the General Statutes of North Carolina.

Section 5-155   Assessments: Collection. Enforcement 

Within 30 days after due publication of notice that the assessment roll has been confirmed, the owners of the assessed property shall either pay their assessment in cash or enter into an installment payment agreement with the Town of Hertford. In such cases where the owner of the assessed property chooses to pay the levy in installments, the first installment shall become due and payable September 1 of the year in which due assessment roll is published and one subsequent installment and interest shall be due assessment is paid in full. The amount of the principal to be paid in each annual installment shall not be less than one-seventh (1/7) of the original assessment. The payment of the original assessment and any interest accumulated on any balance outstanding after the cash payment date at a rate of eight percent (8%) per annum shall be paid in full within 10 years of first annual installment date. All installments shall be made to the Town of Hertford through due Town Clerk. The failure of any property owner to meet any annual installment as set forth above gives the Town of Hertford the right to declare all installments and interest due and payable. 

When special assessments are made against property that is or about to be subdivided, the Town Council may, with the consent of the owner of the property, apportion the assessment among the lots or tracts to be benefited by the project that lie within said subdivision. Such apportionment action and its affect upon the original assessment and lien and due official recording of such action shall follow those procedure established by Section 160A-236 of the General Statutes of North Carolina.

Section 5-156  Specifications: Ownership 

Any construction of street improvements under the provisions of this Article shall be carried out in accordance with the approved plans, specification, and requirements of due Town of Hertford. All facilities installed under the provisions of this Article shall become due sole property of due Town of Hertford and under its jurisdiction and control for any and all purposes whatsoever.

Section 5-157 – 5-175   Reserved

 

 

Article VI.  Street Improvements within Extraterritorial Area

 

Section 5-201  Policy Statement: Improvements Within Extraterritorial Area 

The planning and construction of street improvements within the extraterritorial area of the Town of Hertford shall be accomplished in accordance with the following general principles.

1. Improvements shall be made in a manner so as to promote due orderly growth of the Town of Hertford and its surrounding environs.

    
   

2. Any street improvements as required by ordinances or regulations of the Town of Hertford are respected by this statement.

    
   

3. The Town of Hertford shall not participate in the funding of street improvements outside of due corporate limits.

    
   

4. The municipal street system shall not extend beyond the corporate limits of the Town of Hertford.

 

Basic Policy.

Streets within the extraterritorial area shall be improved in an manner consistent with any and all adopted ordinances and regulations concerning the Town of Hertford’s extraterritorial area.

All improvements as may be required by ordinances or regulations of the Town of Hertford shall be installed at the cost of the owner (s) and/or developer (s) of the adjoining property, unless otherwise established by such ordinance or regulation.

Street improvements installed under any ordinance or regulation of the Town of Hertford may be inspected by the Town to insure compliance with such ordinance and/or regulation.

This Article is not designated to circumvent, restate, supersede or annul any of the provisions established by the Statutes of the State of North Carolina concerning the acquisition and/or dedication of rights of way, or the construction, inspection and maintenance of streets and highways.

 

 

The term “Street Improvements” as used in this Article is defined as the paving of streets and all associated grading and base preparation, and the construction of curbs and gutters and accompanying storm drainage systems.

Article I.  General Building Regulations

 

Section  6-1  Building Permits and Inspections

The Town may create an inspection department and may appoint inspectors who may be given appropriate titles, such as building inspector, electrical inspector, plumbing inspector, housing inspector, zoning inspector, heating and air-conditioning inspector, fire prevention inspector, or deputy or assistant inspector, or such other titles as may be generally descriptive of the duties assigned.  The Town shall perform the duties and responsibilities set forth in G.S. 160D-1105 either by:

     (i) creating its own inspection department.

     (ii) creating a joint inspection department in cooperation with one or more other units of local government, pursuant to G.S. 160D-1105 or Part 1 of Article 20 of Chapter 160A of the General Statutes.

     (iii) contracting with another unit of local government for the provisions of inspection services pursuant to Part 1 of Article 20 of Chapter 160A of the General Statutes, or

     (iv) arranging for Perquimans County to perform inspection services within the Town's jurisdiction as authorized by G.S. 160D-1105 and G.S. 160D-202.

 

 

Section  6-2  North Carolina State Building Code Adopted

The Town hereby adopts the North Carolina Building Code and any other related codes adopted by the North Carolina Building Code Council as amended from time to time.

 

Article  V. Housing Standards

Section 6-65  Findings;Purpose

Pursuant to G.S. 160D-1201, it is hereby declared that there exist in the Town dwellings which are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accidents and other calamites; lack of ventilation, light and sanitary facilities; and other conditions rendering such dwellings unsafe or unsanitary, dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the Town.

 

In order to protect the health, safety and welfare of the residents of the Town as authorized by Article 12, Chapter 160D of the General Statues, it is the purpose of this ordinance to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. 160D-1204.

 

The Building Inspector may determine that a dwelling is unfit for human habitation if he finds that conditions exists in the dwelling that render it dangerous or injurious to the health, safety or morals of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the city. Defective conditions may include the following (without limiting the generality of the foregoing); defects therein increasing the hazards of fire, accident, or other calamites; lack if adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness.

Section 6-66  Definitions 

The following definitions shall apply in the interpretation and enforcement of this ordinance:

1. Basement shall mean a portion of a dwelling, which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
2. Cellar shall mean a portion of a dwelling, which is located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
3. Deteriorated shall mean that a dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this ordinance at a cost not in excess of fifty percent (50%) of its value, as determined by finding of the Inspector. 
4. Dilapidated shall mean that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all the minimum standards established by this ordinance except at a cost in excess of 50% of its value, as determined by findings of the Inspector. 
5. Dwelling shall mean any building, structure, or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. Temporary housing, as hereinafter defined, shall not be regarded as a dwelling. The term shall include within its meaning the terms rooming house and rooming unit, as hereinafter defined.
6. Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities, which are used or intended to be used for living, sleeping, cooking, and eating.
7. Extermination shall mean the control and elimination of insects, rodents or other pests by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods approved by the Inspector.
8. Garbage shall mean the organic waste resulting from the handling, preparation, cooking and consumption of food.
9. Gender. Words having a masculine gender shall include the feminine and neuter genders. 
10. Habitable room shall mean a room or enclosed floor used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers, or communicating corridors, closets and storage spaces.
11. Infestation shall mean the presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.
12. Inspector shall mean the Building Inspector of the Town or any authorized agent of the Inspector.
13. Multiple dwellings shall mean any dwelling containing more than two dwelling units.
14. Occupants shall mean any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.
15. Operator shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
16. Owner shall mean any person who alone, jointly, or severally with others:
    1. Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompany actual possession thereof; or
    2. Shall be a mortgage of record for any dwelling, dwelling unit or rooming unit; or
    3. Shall have charge, care of control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
17. Party or parties in interest shall mean all persons who have interests of record in a dwelling, dwelling unit or rooming unit and any persons who are in possession thereof.
18. Person shall mean any individual, corporation, firm, partnership, association, organization or other legal entity.
19. Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders) sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
20. Public Authority shall mean the Town Housing Authority or any officer who is in charge of any department or branch of the government of the Town or of Perquimans County or the State of North Carolina relating to heath, fire, building regulations or other activities concerning dwellings in the Town.
21. Rooming house shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father, or brother or sister of the owner or operator.
22. Rooming unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
23. Rubbish shall mean non-organic waste material. The term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust.
24. Supplied shall mean paid for, furnished, or provided by, or under the control of, the owner or operator.
25. Temporary housing shall mean any tent, trailer or other structure used of human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty consecutive days.
26. Unfit for human habitation shall mean that conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this ordinance.
27. Words having certain meaning. Whenever the words: dwelling, dwelling unit, rooming house, rooming unit, premises” are used in this ordinance, they shall be constructed as though they were followed by the words “or any part thereof.”

 

 

 

Section 6-67  Minimum Standard of Fitness for Dwellings and Dwelling Units

1. Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of Sections 7-65, 7-66, 7-67, 7-68, 7-69, 7-70, 7-71, 7-72, and 7-73 of this ordinance.

    
   

2. No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of Sections 7-65, 7-66, 7-67, 7-68, 7-69, 7-70, 7-71, 7-72, and 7-73 of this ordinance.

 

 

 

Section 6-68  Minimum Standards for Structural Condition

The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit:

1. Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents.

    
   

2. Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

    
   

3. Foundations, foundation walls, piers or other parts or other foundation supports shall not be deteriorated or damaged.

    
   

4. Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.

    
   

5. Adequate facilities for egress in case of fire or panic shall be provided.

    
   

6. Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.

    
   

7. The roof, flashes, exterior walls, basements walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weatherproof and watertight.

    
   

8. There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard.

    
   

9. There shall be no use of the ground for floors, or wood floors on the ground.

 

 

 

Section 6-69  Minimum Standards for Basic Plumbing, Heating, and Electrical Equipment and Facilities

1. Plumbing System. Every dwelling and dwelling unit shall have facilities for providing plumbing in accordance with the following:

    
   

   1. Each dwelling unit shall be connected to a portable water supply and to a public sewer or other approved sewage disposal system.

       
      

   2. Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

       
      

   3. All plumbing fixtures shall meet the standards of the State Plumbing Code and shall be maintained in a state of good repair and in good working order.

       
      

   4. All required fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user.

       
      

2. Heating Systems. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with the following:

    
   

   1. Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of seventy (70) degrees Fahrenheit measured at a point three feet (3') above the floor during ordinary winter conditions.

       
      

   2. Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, gas vents or other facilities to which heating appliances may be connected to heat all habitable rooms with a minimum temperature of seventy (70) degrees Fahrenheit measured three feet (3') above the floor during ordinary winter conditions.

       
      

3. Electrical System. Every dwelling and dwelling unit shall have facilities for providing electricity in accordance with the following:

    
   

   1. Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the State Electrical Code. There shall be installed in every bathroom, water closet room, laundry room, and furnace room at least one supplied ceiling or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then such habitable room shall contain at least three floor or wall-type electric convenience receptacles.

       
      

   2. Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times natural daylight is not sufficient.

       
      

   3. All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the State Electrical Code.

 

 

 

Section 6-70       Minimum Standards for Ventilation

1. General. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent (10%) of the floor area of such room. Whenever walls or other portions of structures face a window or any room and such light-obstructing structures are located less than five feet (5') from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15%) of the total floor area of such room.

    
   

2. Habitable Room. Every habitable room shall have at least one (1) window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total open able window area in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.

    
   

3. Bathroom and water closet rooms. Every bathroom and water closet compartments shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closets rooms equipped with an approved ventilation system.

 

 

 

Section 6-71  Minimum Standards for Space, Use, and Location

1. Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the State Residential Building Code.
2. Every dwelling unit shall contain at lease one hundred and fifty (150) square feet of habitable floor area for the first occupant, at least one hundred square feet of additional habitable area for each of the next three occupants, and at least seventy-five (75) square feet of additional habitable floor area for each additional occupant.
3. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.
4. Ceiling Height. At least one-half (1/2) of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches (7'6'').
5. Floor area calculation. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than ten percent (10%) of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four and one-half feet (4'6'') shall not be considered as part of the floor area for the purpose of determining maximum permissible occupancy.
6. Cellar. No cellar shall be used for living purposes.
7. Basements. No basements shall be used for living purposes unless:
   1. The floor and walls are substantially watertight;
   2. The total window area, total open able window area and ceiling height are equal to those required for habitable rooms;
   3. The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where window or windows face a stairwell, window well or access way.

 

 

 

Section 6-72  Minimum Standards for Safe and Sanitary Maintenance

1. Exterior foundation, walls and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weather proof and rodent proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.

    
   

2. Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load with which normal use would cause to be placed thereon.

    
   

3. Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weather tight, watertight and rodent proof and shall be kept in sound working condition and good repair.

    
   

4. Stairs, porches and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon and shall be kept in sound condition and good repair.

    
   

5. Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so that it will be reasonably impervious to water and will permit such floor to be easily kept in a clean in sanitary condition.

    
   

6. Supplied Facilities. Every supplied facility, piece of equipment or utility which is required under this ordinance shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

    
   

7. Drainage. Every yard shall be properly graded in order to obtain thorough drainage and to prevent the accumulation of stagnant water.

    
   

8. Noxious Weeds. Every yard and all exterior property areas shall be kept free of species of weeds of plant growth, which are noxious or detrimental to health.

    
   

9. Egress. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Building Code.

 

 

 

Section 6-73  Minimum Standards for Control of Insects, Rodents and Infestations

1. Screens. In every dwelling unit, for protection against mosquitoes, files and other insects, every door opening directly from the dwelling unit to outdoor space shall be equipped with screens and self closing device. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be equipped with screens.
2. Rodent Control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or such other approved device as will effectively prevent their entrance.
3. Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonable insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.
4. Rubbish Storage and Disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by Town ordinances, and the owner, operator or agent in control of such dwelling or dwelling unit shall be responsible for the removal of rubbish.
5. Garbage Storage and Disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit, or an approved outside garbage can as required by Town ordinances.

 

 

 

Section 6-74  Minimum Standard Applicable to Rooming Houses; Exceptions

All of the provisions of this ordinance, and all of the minimum standards and requirements of this ordinance shall be applicable to rooming houses, and to every person who operates a rooming house, or who occupies or lets to another for occupancy and any rooming unit in any rooming house, except as provided in the following paragraphs:

 

1. Water Closets, Hand Lavatory and Bath Facilities. At least one (1) water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever these facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or pass away and shall be not more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.

    
   

2. Minimum Floor Area for Sleeping Purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age.

    
   

3. Sanitary Conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceiling, and for the sanitary maintenance of every other part of the rooming house. He shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator.

    
   

4. Sanitary Facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by paragraph (1) of this Section shall be located within the rooming house and within a room or rooms which afford privacy, are separate from the habitable rooms, are accessible from a common hall, and are accessible without going outside the rooming house or through any other room therein.

 

 

 

Section 6-75  Responsibilities of Owners and Occupants

1. Public area. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

    
   

2. Cleanliness. Every occupant of a dwelling or dwelling unit shall be keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.

    
   

3. Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.
4. Supplied Plumbing Fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same.

    
   

5. Care of facilities, equipment and structure. No occupant shall willfully destroy, deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.

 

 

 

Section 6-76   Powers and Duties of Building Inspector

The Building Inspector is hereby designated as the officer to enforce the provisions of this ordinance and to exercise the duties and powers herein prescribed. The Building Inspector is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this ordinance. The Building Inspector shall have the following powers and duties:

1. to investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the Town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this ordinance with respect to the repair, closing or demolition of such dwellings and dwelling units;

    
   

2. to take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;

    
   

3. to keep a record of the results of inspections made under this ordinance and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;

    
   

4. to administer oaths and affirmations, examine witnesses and receive evidence;

    
   

5. to enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in accordance with Section 7-77 of this ordinance and State Law, and shall be made such manner as to cause the least possible inconvenience to the persons in possessions;

    
   

6. to appoint and fix the duties of such officers, agents, and employees as he deems necessary to assist in carrying out the purposes of this ordinance, and to delegate any of his functions and powers to such officers, agents and employees; and

    
   

7. to perform such other duties as may be prescribed herein or by the Town Council.

 

 

 

Section 6-77  Inspections: Duty of Owners and Occupants 

1. For the purpose of making inspections, the Inspector is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, rooming house or rooming unit or the person in charge thereof shall give the Inspector free access to such dwelling and its premises at all reasonable times for the purpose of such inspection, examination and survey.

    
   

2. Every occupant of a dwelling, dwelling unit, rooming house or rooming unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling unit and its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance or with any lawful order issued pursuant to the provisions of this ordinance.

Section 6-78  Procedure for Enforcement

1)  Preliminary Investigation; Notice; Hearing. Whenever a petition is filed with the Inspector by a Public Authority or by at least five (5) residents of the Town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation he shall, if his preliminary investigation disclosed a basis for such charges, issue and cause to be served upon the owner or any parties in interest in such dwelling or dwelling unit a compliant stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of the compliant. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring top do so may attend such hearing and give evidence relevant thereto. Rules of evidence in courts of law or equity shall not be controlling in hearings before the Inspector. 2)

2)  Procedure After Hearing. After notice and hearing, if the public officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order.

      i)  If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to  the value of the dwelling requiring the owner, within the time specified, to repair, alter or improve the dwelling in order to render it fit for human habitation.  A cost of 50% or less of the value of the dwelling shall be reasonable.  The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities.  The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under subdivision (4) of this section; or 

ii)  If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling requiring the owner, within the time specified in the order, to remove or demolish such dwelling. However, notwithstanding any other provision of law, if the dwelling is located in a historic district of the city and the Historic District Commission determines, after a public hearing as provided by ordinance, that the dwelling is particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with G.S. 160D-949.

3)  That, if the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered or improved or to be vacated and closed; that the public officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “ This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation if a building so posted shall constitute a Class 1 misdemeanor.  The duties of the public officer set forth in this subdivision shall not be exercised until the governing board shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this Article with respect to the particular property or properties that the public officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance.  This ordinance shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.

4) That, if the owner dials to comply with an order to remove or demolish the dwelling, the Inspector may cause such dwelling to be removed or demolished. The duties of the public officer set forth in subdivisions (4) and (5) of G. S. 160D-1203 shall not be exercised until the governing body shall have by ordinance ordered the Inspector to proceed to effectuate the purpose of the Article with respect to the particular property or properties which the Inspector shall have found to be unfit for human habitation and which property require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into confirmatory with housing code. This ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index.

 5)  Abandonment of Intent to Repair.-- If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to subdivision (3) of this section or after a public officer issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this subdivision, then the governing board may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the local government in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling that might otherwise havee been made available to ease the persistent shortage of decent and affordable housing in this State, then in such circumstances, the governing board may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

a) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days.

b) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding fifty percent (50%) of the current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

c) This ordinance shall be recorded in the office of the register of deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index.  If the owner fails to comply with this ordinance, the public officer shall effectuate the purpose of the ordinance.

 

 

Section 6-79  Methods of Service of Complaints and Orders

Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail. If the whereabouts of such persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publishing the same at least once no later than the time at which personal service would be required under the provisions of this ordinance in a newspaper having general circulation in the Town. Where service is made by publication, a notice of the pending proceeding shall be posted in a conspicuous place on the premises affected by the compliant or order.

 

 

Section 6-80  In Rhem Action by Inspector; Placarding

After failure of an owner of a dwelling or dwelling unit to comply with an order of the Inspector issued pursuant to the provisions of this ordinance, and upon adoption by the Town Council of an ordinance authorizing and directing him to do so, as provided by G.S. 160D-1203(5) and Section 7-78(4) of this ordinance, the Inspector shall proceed to cause such dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this ordinance, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Town Council and shall caused to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: “this building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation of a building so posted shall constitute a Class 1 misdemeanor.

Each ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property is located, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160D-1203(5).

 

 

Section 6-81  Costs, a Lien on Premises; Sale of Personal Property

That the amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in Article 10 of Chapter 160A of the North Carolina General Statues. If the dwelling is removed or demolished by the public officer, he shall sell the materials of the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or degree if the court. Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.

 

 

Section 6-82  Civil Action

If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the city to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a compliant naming as parties-defendants any persons occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before the magistrate at a certain time, date and place not to exceed 10 days from the issuance of the summons to answer the compliant. The summons and compliant shall be served as provided in G. S. 42-29. The summons shall be returned according to it tenor, and if on its return it appears to have been duly served, and if at the hearing the public officer produces a certified copy of an ordinance adopted by the governing body pursuant to subdivision (5) of G.S. 160D-1203 authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the promises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G. S. 7A-228, and the execution of such judgment may be stayed as provided in G. S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding. That the governing body has ordered the public officer to proceed to exercise his duties under subdivisions (4) and (5) of G. S. 160D-1203 to vacate and close or remove and demolish the dwelling.

 

 

Section 6-83  Remedies 

1. Appeals from Orders of Inspector. An appeal from any decision of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector shall be taken within 10 days from the rendering the decision or service of the order, and shall be taken filing with the Inspector and with the Zoning Board of Adjustment a notice of appeal, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeals is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished to the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one day’s written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. 160D-1208 and subsection (1) of this Section.                                                              The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers if the Inspector, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.                                                            Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 30 days of the decision of the Board, but not otherwise.
2. Petition to Superior Court by Owner. Any person aggrieved by an order issued by the Inspector or a decision rendered by the Board shall have the right, within thirty (30) days after issuance of the ordering or rendering of the decision, to petition the superior court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G. S. 160D-1208. Hearings shall be had by the court on a petition within twenty (20) days, and shall be given preferences over other matters on the court’s calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this subsection.
3. If any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this Part or any ordnance or code adopted under authority of this Part or any valid order or decision of the Inspector or Board made pursuant to any ordinance or code adopted under authority of this Part, the Inspector or Board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use to restrain, correct or abate the violation, to prevent the occupancy of the dwelling, or to prevent any illegal act, conduct or use in or about the premises of the dwelling.

 

 

 

Section 6-84  Alternative Remedies

Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this ordinance by criminal process as authorized by G.S. 14-4 and Section 7-86 of this ordinance, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

 

 

 

Section 6-85  Zoning Board of Adjustments to hear Appeals 

All appeals which may be taken from decisions or orders of the Inspector pursuant to Section 7-78(4) of this ordinance shall be heard and determined by the Zoning Board of Adjustments. As the appeals body, the Board shall have the power to fix the times and places of its meeting, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. The Board shall perform the duties prescribed by Section 7-78(5) and shall keep an accurate journal of all of its proceedings.

 

If the Zoning Board of Adjustments consists of more than five members, the chairman shall designate five members to hear appeals under this ordinance.

 

 

 

Section 6-86  Conflict with Other Provisions

In the event any provision, standard, or requirement of this ordinance is found to be in conflict with any provision of any other ordinance or code of the Town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the Town shall prevail.

 

 

 

Section 6-87  Violations, Penalty 

1. It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the Inspector duly made and served as herein provided, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense.

    
   

2. It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to Section 14 of this ordinance, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing. Each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

    
   

3. The violation of any provision of this ordinance shall constitute a misdemeanor, as provided by G. S. 14-4.

    
   

4. In addition to the penalty established by subsection (3) above, and the remedies provided by other provisions of this ordinance, this ordinance may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.

 

 

 

Section 6-88  Severability        

If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this ordinance are hereby declared to be severable.

 

 

 

Section 6-89  Effective Date     

This ordinance shall be effective on April 8, 1996.

Amended 5/16/2021 

 

Article  VI. PROPERTY NUMBERING SYSTEM

 

Section  6-100  Numbering Map

The numbering map entitled the “House Numbering Plan” of the Town of Hertford and dated March 10, 1958, is hereby adopted as the official property numbering map of the Town of Hertford, North Carolina, and all property numbers assigned shall be assigned in accordance with this numbering map and no other property numbers shall be used or displayed in the Town of Hertford except numbers assigned in accordance with official numbering map.  The property numbering map shall be kept on file in the office of the Town Clerk.

 

 

Section  6-101  Numbering System

On the property numbering map there shall be designated a North - South axis and an East West axis and all avenues, streets, or alleys running generally north and south shall be numbered from the East-West axis consecutively to the corporate limits or the extremity of such avenue, alley or streets.  Avenue, streets or alleys running generally East and West shall be numbered from the North - South axis in the same manner.  One hundred numbers shall be allowed to each block so that the number of each consecutive block shall commence with consecutive hundreds and one.

 

 

Section  6-102  Owners to Purchase Numbers

Every property owner of improved property shall purchase and display in a conspicuous place on said property the number assigned which shall be of a type approved by the Board of Commissioner.

 

 

Section  6-103   Numbers for Future Buildings

All residence and business building erected hereafter shall be assigned a number in accordance with the Street Numbering Plan map and shall purchase and display such number as provided in Section 7-102.

 

 

Section  6-104   Unlawful to Deface Number

It shall be unlawful for any person to alter, deface, or take down any number placed on any property in accordance with this ordinance, except for repair or replacement or such number.

 

 

Section  6-105  Unlawful to Display Incorrect Number

It shall be unlawful for any person to continue to display any number on any house or improvement on their property, which number displayed or shown thereon shall be in discord with the numbering as shown by the Numbering Map filed with the Town Clerk and adopted in Section  7-100.

 

ARTICLE I.   OFFENSES AGAINST PUBLIC PEACE

 

Section 7-1  Public Drunkenness

1)      No person shall be drunk in any street, alley or other public place in the Town.

 

2)      It will be unlawful for any person to consume any whiskey, beer, malt liquor, or wines, fortified or unfortified, or any other alcoholic beverages on any public sidewalk, street, alley or other public premises within the Town.

 

3)      It will be unlawful for any person to consume any whiskey, beer, malt liquor or wines, fortified or unfortified, or any other alcoholic beverages while situated in or about any motor vehicle on or moving about any public street, alley, or other public premises within the limits of the Town.

Section 7-2 Indecent Conduct

No person shall indecently expose himself or commit any other indecent act or make any indecent remark or proposal to any person in any public place.

Section 7-3  Engaging in Riot, Affray

 
No person shall engage in any riot, assault, or affray, within the Town.

Section 7-4  Boisterous Screaming; Disturbing the Peace

 
(a)        It is unlawful for any person to act in such a manner as to block, impede, or disturb the orderly flow of individual or vehicular traffic.

 

(b)        It is unlawful for any person or group of persons to create loud and boisterous noise or conduct, including yelling, shouting, fighting, feigning a fight or act constituting disturbing the peace; using or causing to be used any instrument, mechanical device or other object, including fireworks, which creates loud, unusual and excessive noise on any street, sidewalk, public or private driveway or parking lot or vehicular area on the immediate premises of any nightclub, dance hall, bar or tavern.

(c)        The offense created by this section consists of two elements, the first being the element of loitering and the second being the creation of loud, boisterous unusual or unnecessary noise or acts.

Section 7-5  Disturbing Public Meetings

 
No person shall willfully or wantonly disturb any public meeting or gathering.

  
Section 7-6  Disturbing Religious Services

No person shall molest, disturb or interrupt any congregation assembled for religious services by making a noise, or by rude or indecent behavior, or by profane discourse within the place or worship or near the same.

Section 7-7  Loitering for the purpose of engaging in drug related activity

 
1)      For the purpose of this Section, “public places” means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or doorways and entrances to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the Town of Hertford.

 

2)      For the purpose of this Section, a “known unlawful drug user, possessor, or seller” is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in the North Carolina Controlled Substances Act, Chapter 90, any violation of any substantially similar laws of any political subdivision of the State or of any other state or of the United States Government.

 

3)      It shall be unlawful for a person to remain or wander about in a public place and to

 

a)                   Repeatedly beckon to, stop or attempt to stop passers-by, or repeatedly attempt to engage passers-by in conversation; or

 

b)                  Repeatedly stop or attempt to stop motor vehicles; or

 

c)                   Repeatedly interfere with the free passage of other persons; or repeatedly pass to receive from passers-by, whether on foot or in vehicle, money or objects

 

for the purpose of engaging in a violation of any subdivision of the North Carolina Controlled Substance Act, NCGS Chapter 90, Article 5.

 

 

4)                  Violation of any provision of this Section shall be a misdemeanor as provided by NCGS 14-4.

 

If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, affect the validity of the remaining portions hereof.

           

 

Section   7-8  Camping on Public Property

(a)        Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

 

            Immediate family means father, mother, brother, sister, son, daughter, or grandparent.

 

            Mobile home means a modular unit built on a chassis, with body width exceeding eight feet or body length exceeding thirty-two feet, designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities.  A travel trailer is not to be considered as a mobile home.

 

            Open air camping means any act of living, residing or sleeping at night, in the open air. The term “camping in open air” includes, but is not limited to, sleeping out of doors in a tent, sleeping bag, blanket or hammock, or without any paraphernalia other than the clothes worn on the body.

 

Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and, when factory equipped for the roads, it shall have a body width not exceeding eight feet and a body length not exceeding 32 feet.

 

(b)        Requirements. No person shall engage in the act of open air camping within the town; except, that an owner or lessee of improved residential real property and their immediate family and any person in the company of a member of the immediate family may camp upon the property, subject to the following restrictions:

 

(1)    Open air camping on a property shall be limited to no more than seven (7) consecutive days, and no more than a total of twenty-one (21) days within a calendar year;

 

(2)    Sanitary facilities, including a bathroom with running potable water, shall be available on such property for the use of all persons engaged in open air camping as permitted;

 

(3)    The total number of persons engaged in open air camping shall not exceed ten (10), except that in no instance shall the total occupancy of the property, including those camping and occupying the residence, exceed the wastewater capacity of the property as determined by the appropriate authority; and

 

(4)    No vehicle, including, but not limited to, a personal vehicle, mobile home, travel trailer, or recreational vehicle, shall be used for open air camping.

Section 7-9  Injuring or Defacing Property

 
No person, firm or corporation shall willfully or negligently injure, deface, draw, paint, carve, or mutilate in any way whatsoever any sign, post, lamp, pole, wire, apparatus, building, residence, walls or fences owned by the Town.

 

Section 7-10  Interfering with Students

 
No person shall wantonly molest, disturb or interfere with any student at any school while such student is enroute to or from any school, church or other place where such student has a right to be.

 
Section 7-11  Solicitation, Panhandling, and Begging

(a)        Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

Aggressively beg means begging which intimidates or is intended to intimidate another person into giving money or goods.

 

Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

 

Intimidate means to intentionally say or do something, or to say or do something that a reasonable person should know, would cause a person of ordinary sensibilities to be fearful of bodily harm. For the purposes of this chapter, it is not necessary to prove that the victim was actually frightened, and neither is it necessary to prove that the behavior of the person was so violent that it was likely to cause terror, panic or hysteria.

 

Obstruct pedestrian traffic or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or vehicle, or to require another  person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized pursuant to the Town's picketing and parade ordinances and regulations are exempt from the coverage of this chapter.

 

Panhandle means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means in a public place.

 

Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

 

Solicit means the act of asking for money or objects or value in exchange for goods or other services, whether or not the money, object of value, goods, or other services are to be transferred at that time and place or at a later date. SOLICITING shall include traveling from place to place taking or offering to take orders for the sale of any goods, including but not limited to wares, merchandise, food, or periodicals for future delivery, or for personal services to be performed in the future, whether or not samples are displayed or money is collected in advance; and/or using or occupying any building, location, or public right of way for the sole purpose of asking for money or objects of value whether or not the proposed taking is in exchange for goods or services or solely for the personal benefit of the solicitor.

 

(b)        Standards of Conduct for Soliciting, Begging, and Pandhandling

 

(1)   Begging, soliciting, and panhandling shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m, Monday through Saturday.

(2)   Begging, soliciting, and panhandling shall not be permitted within 100 feet of any automatic teller machine or any other machine at which money is dispensed to the public.

(3)   Begging, soliciting, and panhandling shall not be permitted within 100 feet of any financial institution open for business.

(4)   Begging, soliciting, and panhandling shall not be permitted in the travelled portion, including the shoulders and the median, of any street, highway, or right-of-way.

(5)  Begging, soliciting, and panhandling shall not be permitted on the ocean beach under any circumstances.

(6)   Begging, soliciting, and panhandling shall not be conducted in such a way to obstruct vehicular or pedestrian traffic.

(7)  If said individual is begging, soliciting, and/or panhandling on behalf of a business, entity, or organization, the individual shall wear some insignia or branding to evidence the business, entity, or organization on whose behalf the individual is acting.

(8)   It shall be unlawful for any person to be aggressive, threatening, or intimidating to a person while begging, soliciting, or panhandling.

(9)   It shall be unlawful for any person to make a false or misleading representation in the course of begging, soliciting, or panhandling, including but not limited to representing himself or herself in any manner whatsoever as blind, deaf, or otherwise disabled, including but not limited to wearing or using an indication of physical or mental disability when the beggar, solicitor, or panhandler does not suffer the disability indicated.

 

(c)        Penalty.

 

(1)        It shall be unlawful to violate any provision of this Section.  Violations shall be punishable by not more than thirty (30) days imprisonment or a fifty (50) dollar fine, or both, in the discretion of the presiding judge.

 

(2)        In addition to or in lieu of any criminal enforcement, the Town or any aggrieved person may pursue available civil remedies deemed appropriate and necessary.

Section 7-12  Noises Expressly Prohibited

 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive, namely:

 

1)      The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonable loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.

 

2)      The use of any gong or siren upon any vehicle, other than police, fire, or other emergency vehicle.

 

3)      The playing of any radio, phonograph or other musical instrument in such a manner or with such volume, practically during the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, conform or repose of any person or persons in any dwelling, hotel or other type of residence; provided that no speaker or amplifier to any radio, phonograph, or other musical instrument on which music is played shall be located outside of any restaurant, cafe, drive-in, or commercial public building; except that this provision shall not apply to small amplifying systems located at the above places used for placing orders for meals, or merchandise and so long as said amplifiers or speakers are not over four (4) inches in diameter and do not use over six (6) watts of electricity.

 

4)      The keeping of any animal or bird, which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.

 

5)      The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling, or other noise.

 

6)      The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.

 

7)      The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine except through a muffler or other device which will effectively prevent loud or explosive noises there from.

 

8)      The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.

 

9)      The erection (including excavating), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on week days, except in the case of urgent necessity in the interest of public safety and then only with a permit from the Building Inspector, which permit may be renewed for a period of three (3) days or less while the emergency continues.

 

10)    The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same are in session, which unreasonably interferes with the working of such institution; provided, conspicuous signs are displayed in such streets indicating that the same is a school, court or hospital street.

 

11)    The creation of any excessive noise on Sundays on any street adjacent to any church; provided, conspicuous signs are displayed in such street adjacent to churches indicating that the same is a church street.

 

12)    The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

 

13)    The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons if the vicinity thereof.

 

14)    The shouting and crying of peddlers, barkers, hawkers and vendors, which disturb the quiet and peace of the neighborhood.

 

15)    The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise.

 

16)    The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes except where specific license is received from the Perquimans County Sheriff’s Department.

 

17)    The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted there from between the hours of 11:00 p.m. and 7:00 a.m.

 

18)    The firing or discharging of a gun, squibs, crackers, gun powder or other combustible substance in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the Perquimans County Sheriff’s Department.

Section 7-13  Prevention and Abatement of Public Nuisances Caused by the Uncontrolled Growth of Noxious Weeds and Grass and the Accumulation of Refuse

 
1)      The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:

 

2)      The uncontrolled growth of noxious weeds or grass to a height in excess of ten (10) inches causing or threatening to cause a hazard detrimental to the public health safety.

3)      Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin or any kind which is or may be dangerous or prejudice to the public health.

4)      Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind, which is or may be dangerous or prejudicial to the public health.

5)      The open storage of any abandoned icebox, refrigerator, stove, glass, building material, building rubbish or similar items.

6)      Any condition detrimental to the public health, which violates the rules and regulations of the County Health Department.

 

7)      The Town Manger, upon notice from any person of the possible existence of any of the conditions described in Section 1, shall cause to be made by the appropriate County Health Department official, or Town official, such investigation as may be necessary to determine whether conditions exist which may constitute a public nuisance as declared in Section 1.

 

8)      If a determination is made that such conditions constituting a public nuisance exist, the Town Manager shall notify, in writing, the owner of the premises in question of the conditions constituting such public nuisance and shall order prompt abatement thereof within ten (10) days from the receipt of such written notice. The owner or party in interest shall have the right to be heard and said hearing, if any, shall be held within the ten (10) day period herein set out.

 

9)      If the owner, having been ordered to abate such a public nuisance, fails, neglects, or refuses to abate or remove the conditions constituting the nuisance within (10) days from the receipt of the notice provided for in Section 3 hereof, the Town Manger shall cause said conditions to be removed or otherwise abate such nuisance under the supervision of an officer or employee designated by the Town Manager. Any person who has been ordered to abate a public nuisance may within the time allowed by this ordinance request the Town in writing to remove such condition, the cost of which shall be paid by the person making such request.

 

10)    The actual cost incurred by the Town in removing or otherwise remedying a public nuisance shall be charged to the owner of such lot or parcel of land, and it shall be the duty of the Tax Clerk to mail a statement of such charges to the owner or other person in possession of such premises with instructions that such charges are due and payable within thirty (30) days from the receipt thereof.

 

In addition to the actual cost of the Town for abating said nuisance a penalty shall be charged to the owner of the land in question or the person in possession of same, said additional amount to be charged for second and subsequent abatement actions performed on property on which an abatement action was previously performed. Said charges are as follows:

 

a)       First abatement procedure- owner or person in possession to pay total cost of Town’s operation to abate said nuisance.

 

b)      Second abatement procedure, same property- owner or person in possession to pay total cost of Town’s operation to abate said nuisance, plus $150.00.

 

c)       Third abatement procedure, same property – owner or person in possession to pay total cost of Town’s operations to abate said nuisance, plus $250.00.

 

d)      Each subsequent abatement procedure, same property – owner or person in possession to pay total cost to Town’s operations to abate said nuisance, plus $250.00 IN ADDITION to the $250.00 as set out for the third abatement procedure.

 

11)    In the event charges for the removal or abatement of a public nuisance are not paid within thirty (30) days after the receipt of a statement of charges as provided for in Section 5 of this ordinance, such charges shall become a lien upon the land or premises where the public nuisance excited and shall be collected as unpaid taxes, as provided in G. S. 160A-193.

 

 

ARTICLE II.     OFFENSES AGAINST PUBLIC SAFETY

 

Section 7-14  Protection of Excavations

 
No owner, occupant or tenant in possession of any lot or parcel of land in the Town shall permit any well, excavation or embankment to remain thereon without sufficient enclosure or covering to prevent persons from injury thereby.

Section 7-15  Projectiles, Archery Ranges

 
No person shall shoot or project any stone, rock, shot or other hard substance by means of sling shot, bean shooter, air rifle, pop gun, bow or other similar contrivance; provided, that archery shooting may be engaged in on such grounds as may be set and approved therefore by the Board of Commissioners.

Section 7-16 Shooting Firearms

 
No person shall fire or shoot any gun or pistol or other firearm within the Town, except in duly licensed shooting galleries; provided, this Section shall not be construed to prevent the destruction by means of firearms of obnoxious animals or birds upon one’s own premises, or the protection of one’s own property from depredation.

Section 7-17  State of Emergency; curfew authorized

 
1)      A state of emergency shall be deemed to exist whenever, during times of great public crisis disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives or property.

 

2)      In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the Town of Hertford, or threatening damage to or destruction of property, the mayor of the Town of Hertford is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the Town, to place in effect any or all of the restrictions hereinafter authorized.

 

3)      The mayor is hereby authorized and empowered to limit by  proclamation the application of all or any part of such restriction to any area specifically designated or described within the corporate limits of the Town and to specific hours of the day or night; and to exempt from all or any part of such restrictions law enforcement officers, firemen and other public employees, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel whether state or federal;  on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting and television broadcasting corporation operated for profit;  and such other classes of persons as may be essential to the  preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the people within the Town.

 

4)      The mayor shall proclaim the end of such state of emergency or all or any part of the restriction imposed as soon as circumstances warrant or when directed to do so by the Governing Body.

 

5)      During the existence of a proclaimed state of emergency, the Mayor may impose by proclamation any or all of the following restrictions:

 

a)       Prohibit or regulate the possession off one’s own premises of explosives, firearms, ammunition, or dangerous weapons of any kind, and prohibit the purchase, sale, transfer or other disposition thereof;

 

b)      Prohibit or regulate the buying of selling of beer, wine or intoxicating beverages of any kind, and their possession or consumption off one’s premises;

 

c)       Prohibit or regulate any demonstration, parade, march vigil, or participation therein from taking place on any of the public ways or upon any public property.

 

d)      Prohibit or regulate the sale of gasoline, kerosene, naphtha, or any other explosive or inflammable fluids or substance.

 

e)       Prohibit or regulate travel upon any public street, alley, or roadway or upon any other public property, except by those in search of medical assistance, food, or other commodity or service necessary to sustain the well being of themselves or their families or some member thereof:

 

f)       Prohibit or regulate the participation in or carrying on of any business activity, prohibit or regulate the keeping open of places of business, places or entertainment, and any other places of public assembly.

 

6)      Any proclamation may be extended, altered, or repealed during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation.

 

7)      During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this ordinance.

Section 7-18.1  Severability

The Sections, paragraphs, sentences, clauses, words and phrases of this ordinance are severable, and, if any word, phrase, section, paragraph, sentence, clause shall be declared unconstitutional or invalid by any judgment or decree or any court of competent jurisdiction, the unconstitutionality or invalidity shall not effect any of the remaining phrases, words, clauses, sentences, paragraphs, or sections of this ordinance.

Section 7-18.2  Penalty

The violation of any provision of this ordinance, or of any provision of any restriction imposed by any proclamation authorized by any ordinance, shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding thirty (30) days as provided by G.S. 14-4. A violation of Section 8-47, prohibiting dogs from running at large, shall be civil in nature and will carry a penalty in the amount of $25.00 which shall be payable to the Town of Hertford.

Section 7-19  Curfews for Minors; Exceptions

 
1)      PURPOSE.  The purpose of this section is to establish a curfew for minors in the Town of Hertford, thus assisting the parents and guardians of minors in the increasing difficult task of child rearing, and to promote health, safety, and welfare of both minors and adults in the Town of Hertford by creating an environment offering better protection and security for all concerned.

 

2)      DEFINITIONS. As used in this section, the following definitions shall apply:

 

a)       Public Place.  Area such as, but not limited to, all common areas open to all common use; alleys, streets, or public places, or places of business and amusement; public vehicular areas, highways, and parks; establishments open to the public for the conduct of business.

 

b)      Guardian.  One who has the legal care and management of a minor as defined by this ordinance.

 

c)       Minor.  A person who has not reached his/her sixteenth birthday and is not married, emancipated, or a member of the armed services of the United States.

 

d)      Officer.  Any sworn law enforcement official having the authority to enforce the laws of the Town of Hertford.

 

3)      CURFEW AND ENFORCEMENT.

 

A curfew applicable to minors is established and shall be enforced as follows:

 

a)       Time Limits.  It shall be unlawful for any minor to be or remain upon any public place as defined in this ordinance in the Town of Hertford between midnight Friday and 5:00 a.m. on Saturday, or between midnight Saturday and 5:00 a.m. on Sunday, or between the hours of 11:00 p.m. and 5:00 a.m. of the following morning on Sunday, Monday, Tuesday, Wednesday, or Thursday.

b)      Exceptions.  The restrictions provided by subsection 3(a) shall not apply to any minor who is accompanied by a guardian, parent, or other person charged with the care and custody of such minor, or other responsible person over 18 years of age with written permission of custodian, nor shall the restriction apply to any minor who is traveling between his home or place of employment; or between his home and church, municipal building (if said municipal building is open for some legitimate business purpose during the hours when this curfew is in effect), or school where a function is being held.

c)       Responsibility of Adults.  It shall be unlawful for any parent, guardian, or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon, or remain in or upon a public place within the Town of Hertford within the curfew hours set out by subsection 3(a), except as otherwise provided in subsection 3(b).

d)      Responsibility of Business Establishments.  It shall be unlawful for any person, firm, or corporation operating a place of business (including a place of amusement) to allow or permit any minor to be in or upon, or to remain in or upon, any place of business (including a place of amusement) operated by them within the curfew hours set out by subsection 3(a), except as otherwise provided in subsection 3(b).

e)       Enforcement.

i)        When a minor is found to be in violation of this ordinance by an officer as defined herein, the officer will place said minor in temporary custody and immediately transfer said minor to the Perquimans County Sheriff’s Office to determine if the juvenile is a first offender. If the juvenile is a first offender, he/she will be taken to the residence of his/her parent or guardian. A written warning will be given to that parent or guardian and an information report taken by the officer, to include the name of the juvenile and parent or guardian, and the time, date, and location of the incident. This report will be turned in to the Perquimans County Sheriff’s Office for entry into its records.

ii)      If, upon checking with the Perquimans County Sheriff’s Office, the juvenile is found to be a repeat offender, he/she will be taken to the residence if his/her parent or guardian and the parent or guardian will be subject to a criminal citation, pursuant to subsection 3(f) of this article. A report will be turned in to the Perquimans County Sheriff’s Office and entered into its records.

iii)    If the juvenile is under 12 years of age, a report will be made and a copy forwarded to the Perquimans County Department of Social Services.

f)       Aiding and Abetting by Adult, Guardian, or Parent.  It shall be a violation of this ordinance for an adult, guardian, or parent to allow, permit, encourage, aid, or abet a minor in the violation of subsection 3(a) of this ordinance, except as otherwise provided in subsection 3(b).

 

g)      Refusal of Guardian or Parent to Take Custody of a Minor.  If any guardian or parent refuses to take custody of his/her minor child found in violation of this ordinance, the officer with custody of said minor shall contact the Perquimans County Department of Social Services and release the minor to that agency, pending further investigation by the Police Department and the Department of Social Services. The parent or guardian will be subject to a criminal citation, pursuant to subsection 3(f) of this article.

 

h)      Emergency Curfew.  Under the authority of N.C.G.S. 14-288.12, whenever the Mayor of the Town of Hertford deems that an emergency exists, and there is a clear and present danger to the preservation of the public peace, health, life, or safety, or to public or private property in the Town necessitation expansion of the curfew provisions set forth in subsection 3(a), the Mayor may effect such expansion by proclamation effective for the period of the emergency. The proclamation shall contain a statement if the reasons for such necessity, the period of the expanded curfew, and provide that no minor under the age of 16 shall be upon or about, or remain upon or about, public places, as defined by this ordinance, in the Town during the period of the expanded curfew, unless accompanied by his/her parent, guardian, or responsible adult. Said proclamation may further provide that no parent or guardian of any minor under the age of 16 shall allow the child to be upon or about, or remain upon or about, any public place, as defined by this ordinance in the town during the period of the expanded curfew, unless the child is under direction or protection of some adult person with authority and consent of such parent or guardian for his/her being there.  Said proclamation shall become effective 30 minutes after being publicly announced by the mayor for the said period, or until rescinded by the mayor or repealed by the Town Council of the Town of Hertford in the manner in which ordinance are repealed. As soon as is reasonably possible, the proclamation shall be published and reported in the local media and posted conspicuously about the Town of Hertford.

 

i)        Punishment.  The punishment for violation of this ordinance shall be a maximum fine of $50.00 or imprisonment for a maximum of thirty (30) days, or both.

 

 

ARTICLE III.   DOGS

 

Section 7-20  Definitions

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

 

At Large - Off the premises of the owner and not under the control of the owner or a member of his immediate family or other responsible person, either by leash, cord, or chain, or confined within a motor vehicle owned or being operated by the owner or a member of his immediate family.

 

Dog - Both male and female dogs

 

Owner - Any person owning, keeping or harboring a dog. The head of the household shall be deemed to be the owner in respect to any dog or dogs owned, kept or harbored by any person residing in such household and kept on such premises.

Section 7-20  Vaccination

It shall be unlawful for the owner of any dog to keep or maintain it unless it shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine as required by Section 106-385 of the General Statutes of North Carolina. Proof of such inoculation shall be attached to such dog.

Section 7-21  Responsibility of Owners

Owners are responsible for the acts of their dogs. The owner of any dog who commits a nuisance upon the property of other person or who damages another person’s property or person shall be fully responsible and accountable for those acts. The owners of dogs shall provide humane and sanitary shelter from heat, cold, rain, wind and snow and shall provide food and water adequate to keep the animals in good health and comfort. Any dog kept outdoors shall be confined within an enclosed secure area and shall not be allowed out of the enclosed secure area unless securely leashed. All dogs shall be given opportunity for vigorous daily exercises and shall be provided by their owners with veterinary care when needed to prevent suffering.  No person shall permit any dog to be kept on a chain, rope, or other type of leash outside of the enclosed secure area unless the person is in direct control of the leash. No dogs shall be permanently leashed to any inanimate object. No person shall poison or maim a dog, nor may a dog be abandoned.

 

It shall be unlawful for any animals to be kept on any lot unless the owner or keeper of the animals occupies the property.

 

Unwanted animals may be given to Perquimans County Animal Control to be sold or destroyed in a humane manner.

Section 7-22  Notice to owners; redemption

Owners should contact the Tri-County Animal Shelter for redemption of impounded animals.

Section 7-23  Impounding - Term of confinement; disposal of certain dogs

It shall be the duty of  Perquimans County Animal Control to keep all impounded dogs for a period of seven days. If at the expiration of four days from the date of notice to the owner or the posting of notice, such dog shall not have been redeemed, it may be disposed of as provided by the rules and regulations of the pound as prescribed by the town. Any unlicensed dog required by law to be licensed or any dog, which appears to be suffering from rabies, or affected with mange or any other infectious or dangerous disease shall not be released but held by the pound master for ten days for observation.

Section 7-24  Vicious dogs; females in heat

No dog of fierce, dangerous or vicious propensities and no female dog in heat, whether licensed or not, shall be allowed to run at large or upon the premises of one other than the owner. If any such dog is found running at large in violation of this section is shall be taken up and impounded and shall not be released except upon approval of the pound master of the pound after payment of the fees provided in Section 8-42; provided, that if any dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain by any policeman or dog warden.

Section 7-25  Suspected rabies

If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined in the pound and shall be placed under the observation of a veterinarian at the expense of the owner for a period of ten days. The owner shall notify the dog warden of the fact that his dog has been exposed to rabies.

 

It shall be unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off the premises or beyond the limits of the Town without the written permission of the pound master. Every owner or other person, upon ascertaining a dog is rabid, shall immediately notify the Perquimans Animal Control who shall remove the dog to the pound.

Section 7-26  Rabies emergencies

Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any un-muzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs noticeably infected with rabies and displaying vicious propensities shall be killed by the dog warden without notice to the owner. Dogs impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for in Section 8-42. If claimed after that period, such dog may be summarily destroyed.

Section 7-27  Running at large

It shall be unlawful for any owner or keeper of any dog to permit such dog to run at large. It shall also be unlawful to maintain an animal that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, animals walked on a leash, bicycles or other vehicles.

 

 

Section 7-28  Vicious dogs

It shall be unlawful for any person to own, keep, have charge of, shelter, feed, harbor or take care of any vicious dog within the town limits.

Section 7-29  Barking dogs

1)      Any person keeping within the corporate limits of the Town of Hertford, one or more dogs which, by prolonged and habitual barking, howling or whining causes serious annoyance to neighboring residents and interfere with the reasonable use and enjoyment of the premises occupied by such residents shall be guilty of maintaining a nuisance.

 

2)      Upon written and signed complaint being made to the Perquimans County Sheriff’s Office by any resident or residents referred to in section 1 hereof, a representative of the Perquimans County Sheriff’s Office shall notify such person against whom the complaint is directed that a complaint has been received, thereupon, such person shall abate the nuisance declared in section 1 hereof, within twenty-four (24) hours from the time of notification.

 

3)      Any person failing or refusing to abate the nuisance declared herein within twenty-four (24) hours from the time of notification shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine not exceeding fifty ($50.00) dollars, or imprisonment not to exceed thirty (30) days as provided by Section 4, Chapter 14 of the General Statutes of North Carolina.

 

4)      This ordinance shall be in full force and effect from and after ten (10) days subsequent to the date of its adoption.

 

5)      This ordinance shall be published in a newspaper having general circulation in the Town of Hertford within ten (10) days from the date of adoption. (Adopted August 13, 1990)

Section 7-30  Teasing, etc.

It shall be unlawful for any person to tease, molest, bait or in any way bother any dog.

Section 7-31  Running over, etc., with vehicle

It shall be unlawful for any person injuring a dog, by running over or into same or coming into contact with same, with an automobile, motorcycle, bicycle or other vehicle, to fail to notify immediately the owner of such dog or the Perquimans County Sheriff’s Office.

Section 7-32  Trapping of Animals

There shall be no trapping of wild animals by any mechanical devices within the Town of Hertford.

 

 

Section 7-33  Animal Sanitation

1)      Any person owning, harboring, walking, in possession of or in charge of a dog, which defecates on public property, public park property, public right-of-way property or any private property without the permission of the private property owners, shall remove all feces immediately after it is deposited by the dog.  All feces removed in accordance with this section shall be placed in a suitable bag or other container that closes and disposed of in a lawful manner.

 

2)      Any person, while harboring, walking, in possession of or in charge of a dog on public property, public park property, public right-of-way or any private property without the permission of the private property owner, shall have in his or her possession a bag or other container that closes, which is suitable for removing feces deposited by the dog.

 

3)      The provisions of this Section shall not apply to service dogs for the visually impaired, except that all pens, housing, yards or enclosures shall be kept clean, sanitary and free from the accumulation of animal’s excrement and objectionable odors. All such pens, housing, yards or enclosures shall be cleaned daily and all droppings and body excretion shall be placed in a fly-proof container and doubled-bagged in plastic bags for disposal.

 

4)      All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.  If any part of this ordinance shall be adjudged invalid, such adjudication shall apply only to such part so adjudged and the remainder of the ordinance shall be deemed valid and effective.

 

5)      A violation of this section shall be civil in nature and will carry a penalty in the amount of $50.00 which shall be payable to the Town of Hertford.

 

 

Section 7-34  Excessive Animals

Unless otherwise allowed by law, the keeping of five or more animals per household or lot is prohibited, regardless of lot size and regardless of whether any of the provisions of this section are violated. This subsection shall not apply to offspring under the age of 16 weeks and to animals kept by a kennel, pet shop or other facility licensed or registered by the department of agriculture or the veterinary medical board.

Section 7-35  Regulation of Beehives

(1)The definitions found in N.C.G.S.§ 106-635 (15) apply to this section.

 

(2) No more than (5) beehives may be kept on a single parcel of land with the Town’s planning jurisdiction.

 

(3) All beehives shall be placed at ground level or securely attached to an anchor or stand.

 

(4) All beehives must be placed within the same setbacks from property lines that would apply to primary structures under the Town’s Zoning Ordinance.

 

(5) All beehives must be owned and maintained by the occupier of the property upon which they are located, unless the use relates to a bona fide farm.

 

(6) The owner of the beehives or the property on which they are located shall remove the beehives if they are not used or maintained for a period of thirty (30) days or more.

 

(7) The owner of the beehives or the property on which they are located shall remove the beehives if the Town Manager determines that the removal is necessary to protect the health, safety and welfare of the public. If more than  two (2) bee stings occur on adjacent properties during any six (6) month period, it shall be presumed that removal is necessary to protect the health, safety and welfare of the public. Otherwise, the Town Manager shall make such determination based on factors such as the type of bees, the number of young children or people allergic to bees located on adjacent properties, and the fencing or enclosure of the property.

Section 7-36  Regulation of Cows, Cattle or Livestock

(1)        No Person shall keep or maintain any cow or cattle within Town limits.

            a. No person shall cause a cow or cattle or livestock to be brought into Town limits.

(2)        No person shall cause a horse, pony, mule, burro, donkey or sheep to be brought into or kept in any manner in Town limits; provided that, a person may be able to keep and bring a miniature horse into Town limits to the extent the miniature horse is certified as a service animal and necessary to aid a person with a disability in accordance with the Americans with Disabilities Act.

(3)        This shall not prevent the transportation of such animals through the Town while in transit on the public thoroughfares of the town in normal traffic flow.

 

 

ARTICLE 4 – SPECIAL EVENTS -  PERMITS AND RECREATION

 

Section 7-37  Temporary Animal Exhibitions for Special Events

This section provides for the temporary exhibition of animals within town limits for special events, notwithstanding general prohibitions elsewhere in this code.  Animals otherwise restricted by this Code may be allowed within town limits only as part of an approved special event, upon issuance of a special event permit by the Town Council or designee.

1. Eligible Animals:

1)      Domesticated farm animals such as goats, sheep, rabbits, chickens, ponies, donkeys, and similar species commonly used in petting zoos are eligible.

2)      Wild, exotic, or dangerous animals as defined under state or federal law are prohibited.

3)      The Town Council may approve additional species on a case-by-case basis, consistent with public safety and welfare.

1. Standard Care and Operations:

1)      All animals shall be kept in secure, humane enclosures and under proper supervision at all times.

2)      Exhibitors must comply with all applicable state and federal animal welfare laws and regulations.

3)      Adequate handwashing or sanitizing stations must be provided for public use.

4)      Animal waste shall be removed promptly, and grounds maintained in a clean and sanitary condition.

1. Insurance and Indemnification:

1)      The event organizer shall provide liability insurance in a form acceptable to the Town, naming the Town as an additional insured.

1. Duration:

1)      The presence of animals shall be permitted only for the duration of the approved special event, not to exceed seven (7) consecutive days.

 

ARTICLE 5 – GRANDFATHERING OF ANIMALS

 
Section 7-37  Grandfathering of Previously Permitted Animals

Any animal lawfully kept, harbored, or maintained within the town limits prior to the effective date of this ordinance that would otherwise be prohibited under the new provisions may be allowed to remain under the following conditions:

1)      Registration

a. Owners must register each grandfathered animal with the Town within 90 days of the effective date of this ordinance.

b. Registration shall include the type, number, description, and location of the animal(s).

c. No additional animals of the prohibited type may be acquired, bred, or replaced after the effective date of this ordinance.

 

2) Care and Maintenance

a.   All grandfathered animals must be kept in a safe and sanitary manner and must comply with all animal welfare regulations in effect.

b.    Animals must not be permitted to create a nuisance, health hazard, or disturbance to neighboring properties.

c.   Grandfathering rights apply only to the owner of record at the time of adoption of this ordinance. Such rights are not transferable to subsequent owners or occupants of the property.  Grandfathering rights for a specific animal shall terminate upon:
(a) The death, transfer, sale, or permanent removal of the animal;
(b) Failure to register within the required timeframe;
(c) Substantiated violations of animal care or nuisance laws.

 

           

ARTICLE 6 - PARKS AND RECREATION FACILITIES

 

Section 7-38  Regulations for Parks and Recreation facilities

 The regulations set forth in the subsections below are adopted and approved by the Town of Hertford Commissioners. All persons in any park, playground, recreation or community center, swimming area, ball field, tennis court or other recreation facility owned or controlled by the  Town of Hertford (collectively, Recreation Facilities”) shall adhere to such regulations. These regulations and other provisions of this ordinance may be enforced by  the Town of Herford, Town Manager,

 

1)      No person shall willfully mark, deface, disfigure, injure, tamper with, displace or remove any structure, equipment, facilities or any other real or personal property, that is the property of or under the control of the Recreation Department.

 

2)      No person shall willfully damage, cut, carve, transplant, or remove any tree, shrub, bush or plant, or injure or pick their flowers, buds, seeds, or bark within any Recreation Facility.

 

3)      No person shall ride or drive any motorized vehicle in any Recreation Facility except in areas affirmatively marked, signed or designated for motorized vehicular traffic.

 

4)      No person shall dump, deposit, leave or place any trash, rubbish, garbage, ashes, wastes, broken glass or other rubbish within any Recreational Facility, except in designated garbage or trash receptacles.

 

5)      No person shall camp or stay overnight in any Recreational Facility. (Except with permission of the Recreation Director or his designee.)

 

6)      No person shall remain in or be in any recreational facility between the hours of 9:00 p.m. and 7:00 a.m. during the period from 1 April through 31 August of each year or between the hours of 6:00 p.m. and 7:00 a.m. for the period from 1 September through 31 March of each year, except for authorized Recreation Department personnel or its agents. Exceptions may be made to this Section when approved by the Recreation Department personnel or its agents.

 

7)      No dogs, cats or other pets allowed within buildings of or at any Recreational facility.

 

8)      No person shall engage in threatening, abusive or disorderly conduct, or hector or harass other Recreation Facility patrons.

 

9)      No person shall solicit, peddle or bed within any Recreation Facility, or sell any merchandise or wares; provided, that this subsection shall not apply to (i) any concession granted by the Recreation Department for a recreation Facility, or (ii) any solicitation or sale of goods by nonprofit or civic groups, provided that a permit is obtained in advance from the recreation Director or his designee, but no such permit shall be issued to any group more often that once every month.

 

10)    No person shall carry, possess or use any firearms or other dangerous weapons within any Recreation facility, except for law enforcement or other governmental personnel acting within the scope of their employment.

 

11)    Persons engaged in criminal conduct or committing criminal offenses are not permitted within any Recreation Facility, and, if present, shall leave or be removed immediately.

 

12)    No person shall use or consume any alcoholic beverages within any Recreation Facility, or any narcotic drug or hallucination, or any other controlled substance the possession of which is illegal without a valid physician’s prescription unless such person can demonstrate that such possession or use is pursuant to valid physician’s prescription.

 

13)    All persons within any Recreation Facility shall obey all traffic regulations, signs, and directions.

 

14)    Swimming and boating are permitted only in waters and from areas designated by the Recreation Director.

 

15)    No person shall engage in any loud, boisterous or offensive conduct, or engage in any recreational activity or sport, so as to threaten the safety or welfare of other patrons of the Recreation Facility, or so as to unduly and unreasonably impair the public’s opportunity to patronize and enjoy the Recreation Facility in such manner as to amount to a nuisance. No person shall engage in the playing of any excessively loud music or the making of any excessively loud noise in such a manner as to constitute a nuisance.

 

16)    All persons using or present in swimming pools or other water areas shall obey posted regulations and notices relating to conduct of patrons, safety requirements, and health and hygiene.

 

17)    Participants in organized league sports shall obey the posted rules of conduct while participating in such activities, or such other rules of conduct of which they have actual notice.

 

18)    No person other than official personnel shall place, maintain or erect any sign, poster or advertising device within any Recreation Facility.

 

19)    No person or group shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in receptacles provided. If no such trash receptacles are available, then trash should be carried away from the park by the user.

 

20)    No person shall bring or have un his possession or set off or otherwise cause to explode or discharge or burn, any fireworks or explosives or throw them into such area from land or highway adjacent thereto unless granted permission by the Parks and Recreation Director.

 

21)    No person shall build or attempt to build a fire anywhere except in grills. No person shall drop, throw or scatter lighted matches, burning cigarettes or cigars or other inflammable materials within any work area.

 

22)    It shall be unlawful for any person to tie, chain, anchor or otherwise fasten any boat, raft, canoe, except in designated areas.

 

23)    No person shall skate, ride a bicycle or skateboard in the park.

 

24)    No person shall polish, wax, wash or repair any motor vehicle on said park property.

 

The Recreation Director is authorized to and may remove, or cause to be removed, from any Recreation Facility premises any person in violation of the provisions of this ordinance. No person who has been so removed shall thereafter re-enter the Recreation Facility except pursuant Recreation Department regulations. By way of example, a team participant ejected from a ballpark for disputing an umpire’s decision shall not re-enter the ball field nor participate in further team play for such period of time as specified by standing Recreation Department regulations as in effect from to time.

 

The Recreation Director is authorized to make changes as seen fit. For example: No animals are allowed in a facility. However, if the Recreation Department is sponsoring a pet show or dog training class this rule would be waived in such case.

 

Each and every instance of a violation for this ordinance is a misdemeanor.

 

Said ordinance to become effective upon expiration of advertising same at three (3) public places in the Town of Hertford for a period of five (5) days from this date. (Effective May 25, 1982)

 

Said ordinance to become effective upon expiration of advertising same at three (3) public places in the Town of Hertford for a period of five (5) days from this date. (October 27, 2025)

 

Article  I.  Privilege Licenses

 

Section 8-1  Definitions

Wherever in this Article the words hereinafter defined or construed in this Section are used, they shall, unless the context required otherwise, be deemed to have the following meaning: 

1. Agent: The person having the agency for the manufacturer, producer or distributor.

    
   

2. Business: Any business, trade, occupation, profession, avocation or calling of any kind, subject, by the provision of this Article, to a license tax.

    
   

3. Engaged in the business: Engaged in the business as owner or operator.

    
   

4. Fiscal Year: The period beginning with the 1st day of July and ending with the 30th day of June next following.

    
   

5. Person: Any person, firm, partnership, company or corporation.

    
   

6. Quarter: Any three (3) consecutive months

 

 

Section 8-2  License Tax upon Certain Trades and Business Operations

In addition to the tax on property and polls, as otherwise provided for, and under the power and authority conferred in the laws of North Carolina, there shall be levied and collected annually, or oftener, where provided for, a privilege license tax on trades, professions, agencies, business operations, exhibitions, circuses and all subjects authorized to be licensed as set out in the following sections and schedule.   All  licenses shall be a personal privilege and shall not be prevent the Board of Commissioners from imposing from time to time, as they may see fit, such license taxes as are not specifically herein defined, or from increasing or decreasing the amount of any special license tax, or from prohibiting or regulating the business or acts licensed, and all licenses are granted subject to the provision of existing ordinances or those thereafter enacted.

 

 

Section 8-3  Unlawful to Conduct Business Without License

It shall be unlawful for any person or his agent or servant to engage in or carry on a business in the Town for which there is required a license, without first having paid the license tax and obtained the license.  For the purpose of this Section the opening of a place of business, of offering to sell, followed by a single sale or the doing of any act or thing in furtherance of the business shall be construed to be engaging in to carrying on such business; and each day that such person, firm, or corporation shall engage in or carry on such business as before said, shall be construed to be a separate offense.

 

 

Section 8-4  License Taxes for 12 Months

All taxes provided for and fixed in the following sections and schedule shall be for twelve (12) months, unless otherwise specified, and shall remain so for each year to come until changed by the Board of Commissioner.  All licenses provided for shall date from the 1st day of July of each and every year and shall expire on the 30th day of June of each year and shall be payable in advance to the Town Clerk; provided, that where any business is begun after February 1st, then the licensee shall be required to pay one-half the tax prescribed, except where otherwise specifically provided for.

 

 

Section 8-5  License Required for Every Separate Business

The payment of any particular tax imposed by the this Article shall not relieve the person paying the same from the payment of any other tax imposed by this Article for any other business he may carry on, unless so provided by the section imposing such tax; it being the intent of this Article that license taxes prescribed by various sections or subsections of this Article applicable to any business shall be cumulative except where otherwise specifically provided.

 

 

Section 8-6  License Required for Every Place of Business

A license issued for the privilege of conducting a business is only valid for the business conducted at a place and by the licensee named therein.  Every person doing business in more than one factory, mill, warehouse, secure a separate license for each such place of business, unless such places of businesses are contiguous to each other, communicate directly with and open into each other, and are operated as a unit.  If the business is moved or if the license sells to another, then a new license is necessary, unless a special permit to continue business under the original license is obtained from the Board of Commissioners.

 

 

Section 8-7  License Must be Displayed at Place of Business

Every license must be kept prominently displayed at the place of business of the licensee named in the license, must be kept the same wherever such business is being operated and where it can be inspected at any time by the proper municipal official.

 

 

Section 8-8  No Abatement of License Tax

No license tax shall be abated nor shall any refund of any part thereof be made, in any case where the licensee discontinues his business before the end of the period for which such license was issued.

 

 

Section 8-9  Manner of Obtaining Privilege License 

1. Every person, firm, or corporation desiring to obtain a Town license for the privilege of engaging in any business, trade, employment, profession, or of doing any act for which a Town license is required, shall unless other provided by law, make application therefore in writing to the Town Clerk in which shall be stated the definite place and address where the business, trade, employment, or profession is to be exercised; the mane and address of the applicant, whether the applicant is an individual, firm, or corporation; the nature of the business, trade, employment, or profession, number of years applicant has prosecuted such business, trade, employment, or profession in the Town whether applicant has current state and county privilege license where required, and such other information as may be required by this Chapter. The application shall be accompanied by the license tax required by this Article as well as such bonds as may be required by this Article or by other ordinances of the Town.

    
   

2. Ordinances, the Clerk, if satisfied of its correctness, shall issue a Town license to the applicant to engage in the business, trade, employment, or profession in the name of and at the place set out in the application, except that where an appropriate ordinance requires a hearing and decision by the Board of Commissioners, the Clerk shall not issue said license until the Board of Commissioners has approved the issuance thereof. No license shall be issued by the Clerk until said officer be satisfied that the applicant has a current State and County license where required. No license issued by the Clerk shall be valid or have any legal effect unless and until the tax prescribed by this Article has been paid, and the fact of such shall appear on the face of the license.

 

 

Section 8-10  Duties of the Town Clerk

Except where otherwise provided, the Town Clerk shall be the duly authorized agent of the Town for the issuing of all Town licenses and the collection of all license taxes, and it shall be the duty of said officer and the duties of Town employees under his supervision to make diligent inquiry to ascertain whether all persons, firms, or corporations in the Town who are taxable under the provisions of this Article have applied for the Town license and paid the tax thereon levied.

1. The Clerk shall continually keep in his possession a sufficient supply of blank Town license certificates.

2. Neither the Clerk nor any of the Town employees under his supervision shall issue any duplicate license unless expressly authorized to do so by a provision of this Article, and unless the original license is lost or has become so mutilated as to be illegible, and in such cases the Clerk is authorized to issue a duplicate certificate for which the tax is paid, and shall stamp upon its face “Duplicate”.

3. When the Clerk shall, after investigation, determine that a person, firm, or corporation who is taxable under this Article has failed, neglected, or refused to pay the tax and procure a license as provided in this Article, said officer shall promptly see that the Chief of Police is furnished with a list of all such unpaid taxes, and it shall be the duty of the Chief of Police to cause warrants to be issued for all delinquents and to prosecute as vigorously as necessary and demand that the same be paid or inflict a penalty as provided in this Article.

 

 

Section 8-11  Criminal Penalties 

1. Every person who shall violate any provision of this Article, or carry on any business, trade, or vocation, or profession, on which a license tax has been fixed, without having first paid the tax and received a license, shall be guilty of a misdemeanor, and each day said business shall be carried on shall constitute a separate and distinct offense.

    
   

2. Any person who shall willfully may any false statement in an application for license under any section of this Article shall be guilty of a misdemeanor.

    
   

3. The imposition of the criminal penalties herein prescribed shall not relieve the Violator of the civil penalties prescribed in Section 9-12.

 

 

Section 8-12  Civil Penalties 

If any person, firm, or corporation shall fail to pay any license tax when due as required by this Article, two per cent (2%) per month of the amount of such license shall be added to the tax required, and no license tax, plus the two percent (2%) per month thereof, has been paid.  The addition of the two per cent (2%) per month on the amount of said license tax shall not exempt the delinquent from the criminal penalties prescribed for violation of this Article.  The payment of any particular tax herein imposed shall not relieve the party paying same from liability for any other tax specifically imposed for any other business conducted by such person.

 

 

Section 8-13  Annual Schedule of License Taxes 

A schedule of privilege license taxes for each fiscal year shall be duly enacted by the Board of Commissioners prior to the beginning of the fiscal year.  An official copy of such Schedule shall be kept in the office of the Town Clerk at all times.  The Board of Commissioners shall have power to amend such Schedule at any time during any fiscal year; provided, that pursuant to G.S. 160 - 56 the Board may readopt for any fiscal year the prior year’s Schedule by reference, without reading the same in detail, and by the reading of any amendments of additions thereto.

 

Article II. House Trailer Regulations

 

Section 8-20  Definitions 

For the purpose of this Article, the following words shall have the meanings herein ascribed: 

1. A trailer camp is herein defined as any tract or parcel of land maintained, offered or used for the parking or camping of house trailers, house cars, tents, huts, or similar units of habitation.

    
   

2. A house trailer is herein defined as any house car, house trailer, trailer home, tents, huts, which may be used from semi - permanent or temporary living quarters.

 

 

Section 8-21  Health Officer to Inspect 

The Health Officer, or his authorized representative, shall make periodic inspection of all trailer camps within his jurisdiction.

 

 

Section 8-22  Location and Space 

1. No trailer camp shall be so located that the drainage of the camp area will endanger any water supply. All camps shall be well drained and located in areas free for ponds, swamps, and similar places in which mosquitoes may breed.

    
   

2. Each house trailer shall not be nearer than 10 feet in any direction to any other house trailer -- all trailers to be lined up in such a manner as to be convenient and accessible to the sanitary facilities provided, but in no instance more than 200 feet from said sanitary facilities.

    
   

3. No trailer shall park outside an approved trailer camp for more than twenty-four (24) hours, but wherever a single trailer is parked on private property and becomes part of another dwelling unit, sanitary facilities shall be provided comparable to those provided in approved trailer camp but not over 12 persons to use a single commode, and all other provisions of these regulation shall be complied with; and such trailers shall be subject to health department supervision, though not required to move to trailer camps, so long as they comply. The purpose of this is to facilitate matters of sewerage disposal, water supply and general health supervision. This Article shall not apply to any house trailers, which are unoccupied and not used for housing, living or shelter.

 

 

Section 8-23  Sewerage Disposal Facilities 

Sewerage disposal facilities shall not be less than a N.C. Standard Pit Privy for each four trailers, built and maintained as required by the North Carolina State Board of Health, or other means of sewerage disposal as approved by the Health Officer.  It is further ordained that such trailer shall be provided with satisfactory means of sewerage disposal, regardless of the distance they may be located from other places of human abode.

Section 8-24  Disposal of Waste 

1. Water and fly tight containers shall be provided for the collection of garbage, paper, trash, and other such waste materials, containers to be sufficient in size and number conveniently located to the trailer to adequately take care of such waste in a sanitary manner as approved by the health officer. It shall be unlawful for the occupants of any trailer to throw garbage or trash of any kind upon the ground used as a trailer camp. It shall be the duty of t he owner, or other responsible persons I charge of said camp to see that all garbage and other rubbish is disposed of daily in a sanitary manner approved by the health inspector.

    
   

2. In no instance may waste from refrigerators and inks be allowed to be discharged on the ground. The disposal of such waste in a sanitary manner shall consist of not less than metal containers for the collection of such waste, the same to be disposed of daily by the owner, or other responsible person in charge of the trailer camp, or by other methods approved by the health officer.

 

 

Section 8-25  Water Supply 

An adequate and accessible supply of safe drinking water shall be provided on the premises of the trailer camp by the owner or manager thereof.

 

 

Section 8-26  Supervision

1. Every trailer camp shall have at least one competent attendant or caretaker whose duty it shall be to maintain the camp, its facilities, and equipment in a clean, orderly and sanitary condition.

    
   

2. The owner, supervision, or other responsible person in charge of a trailer camp, or a proposed trailer camp, shall before operation, or the opening of such a camp for service to the public, apply to the Health Officer for a Trailer Camp Permit, which permit shall be issued for the remainder of the current year, and will be issued annually for the calendar years thereafter by the Health Officer, or his authorized representative when and if the sanitation of the trailer camp is found to comply with these Rules and Regulations.The aforesaid permit to be revoked at any time by the Health Officer if the sanitation of the camp fails to conform to these Rules and Regulations.

 

 

 

Section 8-27  Communicable Diseases 

It shall be the duty of all house trailer camp owner or managers to report immediately to the local health officer all known or suspected cases of communicable diseases.

 

 

Section 8-28  Penalty 

Any person, firm, or corporation violating any of the provisions of this ordinance, rules and regulations shall be subject to penalty as set forth in the Chapter of this Code of Ordinances relating to penalties.

 

 

Section 8-29  Additional Regulations 

1. For the purposes of this Section, the following terms shall have the meanings herein ascribed:

    
   

   1. House Trailer. Any trailer used as a home, or a living quarters.

       
      

   2. Lot of Land. Any space used or rented or owned, for the purpose of parking a house trailer.

       
      

2. It shall be unlawful for any person, firm, or corporation to park any house trailer in the corporate limits of the Town of Hertford, N.C., unless such trailer is parked at least six (6) feet from any other building and unless such trailer is connected with the Town Water and Sewer System.

    
   

3. Each day that this Section is violated shall be a separate offense.

Article I. Planning Board

 

Section 9-1       Creation of Planning Board

A Town Planning Board for the Town of Hertford is hereby created under the authority of the General Statutes of North Carolina, Chapter 160D.

 

 

Section 9-2        Composition and Vacancies

The Town Planning Board hereinafter referred to as the “Board” shall consist of 7 members, all citizens of the Commissioners.  Two members shall be appointed for a term of 4 years, 2 members shall be appointed for a term of 3 years, 2 members shall be appointed for a term 2 years, and 1 member shall be appointed for a term of 2 years.  As the terms of these 7 members expire, new appointments for terms of 4 years shall be made.  Vacancies, occurring for reasons other than expiration of terms, shall be filled as they occur by the Board of Commissioners for the period of the unexpired term.  Faithful attendance of the meetings of the Planning Board is considered a prerequisite for the maintenance of membership on the Board.

 

 

Section 9-3       Organization; Rules: Meetings; Records

Within 30 days after appointment, the Board shall meet and elect a chairman and create and fill such officer as it may determine.  The term of the chairman and other officers shall be one year, with eligibility for re-election.  It shall adopt rules for transaction of businesses and shall keep a record of its member’s attendance, and of its resolutions, discussions, findings, and recommendations, which record to be a public record.  The Board shall hold at least one meeting monthly, and all of its meetings shall be open to the public.

 

Section 9-4       Removal of Members

Members of the Planning Board may, after a public hearing be removed by the Board of Commissioners for inefficiency, neglect of duty of malfeasance in office.

 

 

Section 9-5       Compensation

All members of the Board shall serve at a rate set by Town Council.

Section 9-6       Expenditures; Incurring Indebtedness; Donations

The expenditures of the Board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the Board of Commissioners, and no indebtedness for which the Town shall be liable shall be contracted as incurred by the Planning Board unless an appropriation is made by the Board of Commissioners for such purpose, and authorized by law, and then only to the extent of such appropriation.  The Board shall have the right to accept gifts and donations for the exercise of its functions and may expend the money received from such gifts and donations in a manner, which in the judgment of the Board is, consistent with the best interest of the planning program.

 

 

Section 9-7       Powers and Duties

1. Studies. The Board shall make careful studies of present conditions and the probable future development of the Town of Hertford and its environs. Such studies may include but not be limited to: land use surveys; population studies; economic base studies; school, park, and recreation studies; traffic and parking studies; and urban renewal studies.
2. Plans. The Board shall formulate and maintain a comprehensive plan of the Town and its environs for the purpose of achieving a coordinated, adjusted and harmonious development of the Town which would promote, in accordance with present and future needs, the safety, morals, order, convenience of traffic; safety from fire and other dangers; adequate light and air; healthful and nonviolent distribution of population; provision of adequate open spaces; good civic design and arrangement; wise and efficient expenditures of public funds; adequate provision for public utilities; and for other matters pertaining to the public requirements. The comprehensive plan shall consist of a number of parts which may include but not be limited to the following: a land-use, a major thoroughfare plan, a utilities plan, a school plan, a community facilities plan.
3. Corporation with Redevelopment Commission: Review and Recommendations on Redevelopment Proposals. The Board shall cooperate with the redevelopment commission and shall review all redevelopment plans and proposals and make recommendations to the Board of Commission.
4. Appointment as Zoning Commission. The Board is also hereby designated as the Zoning Commission for the Town of Hertford and shall prepare zoning regulations to govern the use of buildings and premises which ordinance shall be submitted to the Board of Commissioners for its consideration and possible adoption. After the adoption of zoning regulations by the Board of Commissioners no change, alteration or amendment of such regulations shall be made change, alteration or amendment shall have been submitted to the Board for its recommendation. A majority vote by not less than three-fourths of the entire membership of the Board of Commissioners will be required to overrule an unfavorable recommendation by the Board. Failure of the Board to act within thirty days after submission shall constitute approval of the proposed change, alteration or amendment.
5. Subdivision Regulations. The Board shall prepare subdivision regulations governing the subdivision of land within the Town and its environs to be submitted of the Board of Commissioners for its consideration and possible adoption.
6. Powers of Review. The Board shall review and make recommendations to the Board of Commissioners upon the extent, location, and design of all public structures and facilities, on the acquisition and disposal of public properties, on the opening, abandonment, widening extension, narrowing or other change to streets and other public ways, on the construction, extension, expansion or abandonment or utilities whether publicity or privately owned. However, in the absence of a recommendation from the Board after the expiration of thirty (30) days from the date on which the question has been submitted in writing to the Board, the Board of Commissioners may, if it deems wise, take final action.
7. Annual Report. The Board shall, in May of each year, submit in writing to the Board of Commissioners a written report of its activities, an analysis of the expenditures to date for the current fiscal year, proposed planning program for the next fiscal year, and a proposed budget for the next fiscal year.

 

Article II.  Zoning Regulations

The Town of Hertford Zoning Ordinance is codified as a separate document and is available from the Town Zoning Administrator.

Section 10-1  Criminal Penalty

The violation of any provision of this code of Ordinances, or the failure to comply therewith, shall constitute a misdemeanor punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or by imprisonment not exceeding thirty (30) days, as provided in G.S. 14-4.

 

Section 10-2  Criminal Penalty not Exclusive Remedy

The criminal penalty prescribed in section 11-1 of this chapter and by G. S. 14-4 shall not be deemed to be an exclusive remedy for the violation of or failure to comply with the provisions of this code of ordinances, and where civil penalties are invoked by the Board of Commissioners, or where equitable relief is sought by the Town, for violation of any provision, such civil penalty or equitable remedy shall be considered as an alternative to, or an addition to, the criminal penalty, as the Board of Commissioners may in its discretion determine.

 

Section 10-3  Civil Penalty for Violation of Certain Ordinances

A violation of Section 5-5 and Sections 5-30 through 5-51 of the Town Ordinances shall be civil in nature and will carry a penalty in the amount of $10.00 which shall be payable to the Town of Hertford.