CODE OF ORDINANCES CITY OF ASHEVILLE, NORTH CAROLINA

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Published in 1993 by Order of the City Council

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>

OFFICIALS

of the

CITY OF

ASHEVILLE, NORTH CAROLINA

AT THE TIME OF THIS CODIFICATION

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Kenneth M. Michalove

Mayor

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Eugene Ellison

Barbara Field

William G. Moore

Chris J. Peterson
Joseph Carr Swicegood
Charles R. Worley

City Council

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Douglas O. Bean

City Manager

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William F. Slawter

City Attorney

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Sarah Patterson Brison

Assistant City Attorney

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Martha Walker-McGlohon

Associate City Attorney

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William F. Wolcott, Jr.

City Clerk

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of Asheville, North Carolina.

Source materials used in the preparation of the Code were the 1965 Code, as supplemented through December 16, 1986, and ordinances subsequently adopted by the city 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 the 1965 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.

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 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.

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.

CHARTER	CHT:1
RELATED LAWS	RL:1
CHARTER COMPARATIVE TABLE	CHTCT:1
RELATED LAWS COMPARATIVE TABLE	RLCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1 CDB:1 CDC:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER AND RELATED LAWS INDEX	CHTi:1
CODE INDEX	CDi:1

 

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 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.

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 Palmer Carr, Supervising Editor, and Jody Wilson, 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 Mr. William F. Slawter, City Attorney, for his cooperation and assistance during the progress of the work on this publication. It is hoped that his 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

 

ADOPTING ORDINANCE

ORDINANCE NO. 2024

An Ordinance Adopting and Enacting a New Code for the City of Asheville; 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 City Council of the City of Asheville That:

Section 1. The Code entitled "Code of Ordinances, City of Asheville, North Carolina" published by Municipal Code Corporation consisting of Chapters 1 through 21, and Appendices A through C, each inclusive, is adopted, with the following revisions:

a.

Subsection (a) of Section 19-137 of the Code of Ordinances shall read as follows:

"(a) It shall be unlawful for the driver of a vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or with the direction of a police office or traffic signal:

(1)

Within an intersection.

(2)

On a crosswalk.

(3)

Between a safety zone and the adjacent curb, or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless otherwise indicated by signs or marks.

(4)

Within twenty-five (25) feet of the driveway or entrance to any fire station.

(5)

Within fifteen (15) feet of any fire hydrant.

(6)

In front of any private driveway.

(7)

On any sidewalk.

(8)

On any curb.

(9)

On any median strip.

(10)

On any landscaped or planted area within the right-of-way of any street, highway or roadway.

(11)

Alongside of or opposite any street excavation or obstruction, when such stopping or parking shall obstruct traffic.

(12)

On the roadway side of any vehicle stopped or parked at the edge of a street, highway or roadway, except in such instances as double parking may be allowed by the regulations of this chapter.

(13)

At any place where official traffic signs have been erected prohibiting standing or parking.

(Code 1945, sec. 742; Ord. No. 1161, sec. 2, 4-3-80)"

b.

Section 19-14 of the Code of Ordinances shall read as follows:

"Section 19-14. Penalties.

Civil Penalties as set forth in Appendix B of this Code shall be assessed for the violation of the provisions of Section 19-137, 19- 138, 19-139, 19-140, 19-143, and 19-144 of this chapter. All other violations of this chapter shall constitute an infraction punishable by a fine of not more than $50.00."

c.

Subsection A of the Schedule of Civil (Appendix B) follows:

"A. Stopping, standing and parking violations established by Sections 19-137, 19-138, 19-139, 19-140, 19-143, and 19-144 of the Code of Ordinances:

(1)

Overtime parking at metered or nonmetered space ..... $ 5.00

Provided, however, a second or subsequent violation within a 24-hour period shall be subject to a civil penalty of ..... $8.00.

(2)

All other violations ..... $10.00

(3)

Parking violations included in this section shall be delinquent after the 15th day from the issuance of the citation; thereafter the following civil penalties shall apply to the foregoing parking violations, in addition to the stated penalty:

Delinquent Period Additional Penalty

(a)

15 or more days delinquent on $5.00 or $8.00 penalty ..... $10.00

(b)

15 or more days delinquent on $10.00 penalty ..... $15.00"

Section 2. All ordinances of a general and permanent nature enacted on or before September 29, 1992, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 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 4. Unless another is penalty 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 N.C. Gen. Stat. Sec. 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 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the City Council 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 6. Ordinances adopted after September 29, 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 7. This ordinance shall become effective upon adoption.

Read, Approved and Adopted this 27th Day of April, 1993.

/s/ William F. Wolcott, Jr.       City Clerk

	/s/ Kenneth M. Michalove       Mayor

Approved as to form:

/s/ William F. Slawter       City Attorney