VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA

Published by Order of the Village Council
Current with legislation passed through June 15, 2012
Supplement No. 6

Published by:
American Legal Publishing Corporation
432 Walnut Street, 12th Floor
Cincinnati, Ohio  45202
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CURRENT OFFICIALS
of the
VILLAGE OF
BALD HEAD ISLAND, NORTH CAROLINA

J. Andrew Sayre

Mayor

________

John Fisher

Mayor Pro Tempore

________

Gene Douglas

Art Morris

Bob Helgesen

Village Council

________

Calvin R. Peck, Jr.

Village Manager

________

Charles S. Baldwin IV

Village Attorney

________

Debra Talbert

Village Clerk

PREFACE

This Code constitutes a codification of the general and permanent ordinances of the Village of Bald Head Island, North Carolina.

Source materials used in the preparation of the Code were the ordinances adopted by the village council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of any ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Indexes

     The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

     A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

     Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

     This publication was under the direct supervision of Jan Shekitka, Senior Code Attorney, and Catherine Ponson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

     The publisher is most grateful to Alina Medina, Village Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the village readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the village's affairs.

Copyright

     All editorial enhancements of this Code are copyrighted by American Legal Publishing Corporation and the Village of Bald Head Island, North Carolina. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of American Legal Publishing Corporation and the Village of Bald Head Island, North Carolina.

          © Copyrighted material.

          American Legal Publishing Corporation and the Village of Bald Head Island, North Carolina. 2012.

ADOPTING ORDINANCE

ORDINANCE NO. 2008-0701

     AN ORDINANCE OF THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA AMENDING ORDINANCE NO. 2008-0701

     WHEREAS, the Village Council of the Village of Bald Head Island, North Carolina determined it to be in the best interest of the Village and public administration for the Village Ordinances to be organized by subject matter and compiled in a Code of Ordinances; and

     WHEREAS, the Village Council previously passed Ordinance No. 2006-0901 with respect to codification of Village Ordinances and repeal of uncodified Ordinances; and

     WHEREAS, Ordinance No. 2006-0903 provided for the repeal of uncodified Ordinances to occur two (2) years from the September 15, 2006 adoption date of Ordinance No. 2006-0901; and

     WHEREAS, work is ongoing on the codification of the Village’s Ordinances and it is in the best interest of the Village and public administration for the two (2) year repeal set forth in Ordinance No. 2006-0901 to be extended for an additional two (2) year period.

     NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA:

     Section 1.  The two (2) year period for the repeal of Pre-existing Ordinances set forth in Sections 2 and 3 of Ordinance No. 2006-0901 is hereby extended for an additional two-year period, so that the effective date of repeal is the 15th day of September, 2010.

     Section 2.  Except as expressly amended herein, Ordinance No. 2006-0901 is ratified and reaffirmed.

Passed and adopted by the Village of Bald Head Island Council, this the 18th day of July, 2008.

                                   BY:                                      /S/                                       

                                          LAWRENCE LAMMERT, Mayor

ATTEST:

                          /S/                            

Joy Barrow Davis, Village Clerk

1st Reading:     June 13, 2008

2nd Reading:     July 18, 2008

Board Action        Unanimous  5 - 0

ORDINANCE NO. 2010-0901

     AN ORDINANCE OF THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA, RESPECTING CODIFICATION OF ORDINANCES AND AMENDING ORDINANCES NOS. 2008-0701 AND 2006-0903

     WHEREAS, the Village Council of the Village of Bald Head Island, North Carolina, determined it to be in the best interest of the Village and public administration for the Village Ordinances to be organized by subject matter and compiled in a Code of Ordinances; and

     WHEREAS, Village Ordinance No. 2006-0903 (Exhibit “A” hereto) adopted a Code entitled “Code of Ordinances, Village of Bald Head Island, North Carolina,” published by Municipal Code Corporation consisting of Chapters 1 through 32; and

     WHEREAS, Municipal Code Corporation subsequently prepared Supplements 1 and 2 to the Code and the Village wishes to adopt same; and

     WHEREAS, Village Ordinance No. 2006-0903 and Ordinance No. 2008-0701 (Exhibit “B” hereto) provided for the repeal on September 15, 2010, of certain uncodified Pre-existing Ordinances adopted on or before September 15, 2006; and

     WHEREAS, work is ongoing on the codification of the Village Ordinances and it is in the best interest of the Village and public administration for uncodified ordinances not to be repealed; and

     WHEREAS, in several instances, Ordinance No. 2008-701 incorrectly referred to Ordinance No. 2006- 0903 as Ordinance No. 2006-0901 and the Village Council wishes to correct same; and

     WHEREAS, American Legal Corporation of Cincinnati, Ohio, has completed the Third Supplement to the Code of Ordinances and the Village Council wishes to adopt the same.

     NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA:

     Section 1.  Ordinance No. 2008-0701 is hereby amended so that all references to 2006-0901 shall refer to 2006-0903.

     Section 2.  Supplements 1 and 2 to the Village Code of Ordinances as submitted by Municipal Code Corporation are hereby adopted by reference as if set out in their entirety.

     Section 3.  Such Supplements shall be deemed published as of the date hereof and the Village Clerk is hereby authorized and ordered to insert such Supplements into the copy of the Ordinances kept on file at Village Hall.

     Section 4.  Supplement 3 to the Village Code of Ordinances as submitted by American Legal Corporation of Cincinnati, Ohio, is hereby adopted by reference as if set out in its entirety.

     Section 5.  Such Supplement shall be deemed published as of the date hereof and the Village Clerk is hereby authorized and ordered to insert such Supplements into the copy of the Ordinances kept on file at Village Hall.

     Section 6.  The repeal of certain Pre-existing Ordinances set forth in Ordinances Nos. 2006-0903 and 2008-0701 to occur September 15, 2010, is rescinded and no Pre-existing Ordinances or other Ordinances shall be repealed pursuant to Ordinances Nos. 2006-0903 and 2008-0701.

     Section 7.  Ordinances Nos. 2006-0903 and 2008-0701 are amended as aforesaid and any inconsistent provision thereof is rescinded and shall be of no effect.

Passed and adopted by the Village Council of the Village of Bald Head Island upon first introduction by a supermajority of not less than four Council members on this the 10th day of September, 2010.

                                   BY:                                  /S/                                           

                                          J. Andrew Sayre, Mayor

ATTEST:

                          /S/                         

Debra C. Talbert, Village Clerk

                                        [Village Seal]