AG 1994 07 05 - Laserfiche WebLink

Home Browse Search

GENERAL PROVISIONS § 1-8 ,b) When an ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived w/thout express words to that effect. State law references-Repeal of statute not to affect ac- tions, G.S. 12-2; affect of county government law on prior laws and actions taken pursuant to prior laws, G.S. 153A-2; con- struction of General Statutes, G.S. 164-1 et seq. Sec. 1.5. Catchlines, history notes and refer- ences. !a) The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contenta of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so pro- vided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. 'b) The history notes appearing in parentheses after each section and the references and notes scattered throughout the Code axe for the benefit of the user of the Code and shall have no legal effect. Sec. 1-6. Severability. It is hereby declared to be the intention of the board of commissioners that the sections, para- graphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code is declared un- constitutional or invalid by the valid judgment or decree o f any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the board of commissioners ~vithout the incorporation in this Code of any such unconstitutional or invalid phrase~ clause, sentence, paragraph or section. Sec. 1-7. General penalty. ia) Any person violating or failing, refusing or neglecting to comply with any provision or re- quirement o£any section or subsection of this Code, or any ordinance of this county now in force or hereafter enacted, to which no specific penalty is ~fflqxed, shall be punished by a fine not to exceed $500.00, or shall be imprisoned for not more than 30 days, for each offense. (b) Any ordinance in this Code may be enforced by an appropriate legal remedy issuing from a court of competent jurisdiction. It shall not be a defense to the application of the county for equi- table relief that there is an adequate remedy at law. (c) Each day that any breach or violation of or any failure to comply with any provision or re- quirement of any section or subsection of this Code or any ordinance of this county now in force or hereafter enacted continues, or is allowed to con- tinue, shall constitute a separate and distinct of- fense; but nothing contained in this section or this Code shall be construed to relieve, or shall have the effect of relieving, any offender of any fine, imprisonment or penalty for repeated violations on any one day of any ordinance now in force or hereafter enacted, or any section or subsection of this Code. (d) The imposition of a penalty under the pro- visions of this Code shall not prevent the revoca. tion or suspension of any license, franchise or permit issued or granted under this Code. (e) If any violation of this Code is designated as a nuisance under the provisions of this Code, such nuisance may be summarily abated by the county in addition to the imposition of a fine or impris- onment. (fl Any provision of this Code or other ordi- nance ortho county may be enforced by any one or more of the remedies authorized by G.S. 153A- 123. State law references-Violations of county ordinances deemed misdemeanors, G.S. 14-4,153A-123; prescribing alter- nate methods for enforcement of ordinances and authorizing the making of each day's continuing violation a separate lense; injunction, G.S. ].-485 et seq. Sec. 1-8. Amendments or additions to Code. (al Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section of the Code of Ordinances, Cabarrus County, North Carolina, is hereby amended to CD1:5