CODE OF ORDINANCES CITY OF BOILING SPRING LAKES, NORTH CAROLINA

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Published in 1991 by Order of the Mayor and Board of Commissioners

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Adopted August 4, 1992

Effective August 4, 1992

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OFFICIALS

of the

CITY OF BOILING SPRING LAKES, NORTH CAROLINA

AT THE TIME OF THIS CODIFICATION

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H. C. Boswell

Mayor

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Lloyd T. (Tom) Simmons

Steven Mark Stewart

Robert Glenn Long

Dennis K. Finley

Board of Commissioners

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Elva L. Jess

City Attorney

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Barbara L. Cumbee

City Clerk

CURRENT OFFICIALS

of the

CITY OF BOILING SPRING LAKES, NORTH CAROLINA

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Craig Caster

Mayor

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Barbara Glidden

Michael Forte

Mary Stilwell

David Putnam

Board of Commissioners

____________

Michael Isenberg

City Attorney

____________

Jane McMinn

City Clerk

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Boiling Spring Lakes, North Carolina, of a general and permanent nature.

Source materials used in the preparation of the Code were the 1980 Code, as supplemented through August 1988, and ordinances subsequently adopted by the mayor and board of commissioners. 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 the 1980 Code, as supplemented, and any subsequent 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.

Numbering System

The 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 4 is 4-1. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters 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 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. 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.

Indices

The indices 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 indices 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 appropriate page or pages affected 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.

Successfully keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets 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 Alyce A. Whitson, Supervising Editor, and Laura Johnson, 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 Elva Jess, City Attorney, and Barbara Cumbee, City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

HISTORY

The City of Boiling Spring Lakes derives its name from the Boiling Spring which flows with an incredibly pure stream of water. Boiling Spring Lake is the largest of the fifty lakes within the city.

In 1961, the developers of Boiling Spring Lakes happened upon a gushing spring concealed in a wooded ravine. Wishing to beautify the area, a four-foot high brick wall was built to encompass this natural phenomenon. Almost before the masons had completed their work, the spring suddenly stopped running. Within a few hours it burst out in a free full flow some fifteen feet outside the wall. Thousands of people have visited the site, but as yet, no one can account for the strange behavior of the spring.

Many years ago the spring was known as Bouncing Log Spring inasmuch as a large chunk of petrified wood was tossed and churned in the water gushing up out of the ground. Eventually, there was no longer a log being bounced around by the upward thrust of groundwater and the name was changed to the Boiling Spring. State geologists have calculated that the spring discharges approximately 43 million gallons of water each day.

The entire area seems enchanted with tall pines, oaks and sweet gums hovering over the spring. In the early spring, damsel flies of red, green and blue dart about the area and butterflies of all colors and descriptions flutter in the thickets. Legend has it that long ago Indians would camp around the spring and hold their council meetings at this site on their annual trek to the Atlantic Ocean for oysters, fish and game. They always drank from the spring, believing whomever drank from the spring would always return.

ADOPTING ORDINANCE

ORDINANCE OF 8-4-92

An Ordinance Adopting and Enacting a New Code for the City of Boiling Spring Lakes, North Carolina; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

Be it Ordained by the Mayor and Board of Commissioners of the City of Boiling Spring Lakes, North Carolina:

Section 1. The Code entitled "Code of Ordinances, City of Boiling Spring Lakes, North Carolina" published by Municipal Code Corporation consisting of Chapters 1 through 17, each inclusive, is adopted.

Section 2. The procedure for removal and disposition of certain abandoned vehicles in Article II, Chapter 9 of the new Code of Ordinances is hereby adopted.

Section 3. All ordinances of a general and permanent nature enacted on or before August 4, 1992, and not included in the Code or recognized and continued in force by reference therein, are repealed. It is noted that certain amendments and additions are contained in the Code as an addendum at present; said amendments and additions shall be printed and added.

Section 4. The repeal provided for in section 3 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 5. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished as provided in G.S. 14-4. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 6. Additions or amendments to the Code when passed in the form as to indicate the intention of the mayor and board of commissioners to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 7. Ordinances adopted after August 4, 1992, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 8. This ordinance shall become effective August 4, 1992.

Passed and adopted by the Board of Commissioners this 4th day of August, 1992.

	/s/ Tom Simmons       Mayor Pro-tem

/s/ Barbara Cumbee       City Clerk

SEAL

Certificate of Adoption

I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the Board of Commissioners of the City of Boiling Spring Lakes held on the 4th day of August, 1992.

	/s/ Barbara Cumbee       City Clerk