October 2025 Minutes
- jgreenstovall
- 1 day ago
- 37 min read
The regular monthly meeting of the Mayor and the Board of Commissioners was held on October 07, 2025, at 6:00 p.m., at the Town Hall, 107 Main Street, Stovall, North Carolina.
Mayor Michael S. Williford present and presiding.
Board Members Present
Commissioner Lunsford, Commissioner Sneed, Commissioner Stovall, and Commissioner Roberts
Administrator Present
Janet Parrott
Clerk Present
Ummala Rowley
Police Present
Craig Williams
Mayor Williford called the meeting to order and began with the Pledge of Allegiance.
Invocation
Commissioner Sneed spoke an opening prayer.
Mayor’s Update
Mayor Williford informed the board that he attended the Karr Tar COG Housing Summit on September 11, 2025, in Creedmoor, NC. There were two guest speakers from the UNC School of Government, who discussed the strategic towns we’re using and how they have hindered growth. He mentioned that he also attended the Economic Development Seminar on September 30, 2025, in Butner, NC, hosted by Granville County, which demonstrated how water and sewer systems affected growth.
Police Report
Chief Williams gave an activity report for the Stovall Police Department for the month from September 09, 2025, to October 07, 2025.
Activity was as follows:
· 403 Miles of patrol
· 5 Citations
· 4 Reports
· 1 Arrest
· 4 Warnings
Water Report
Commissioner Lunsford presented the water report and stated that Oxford bills the town for 1,067,000 gallons, and Stovall bills customers for 626,320 gallons. The difference is a 400,680-gallon loss. We experienced a water loss of 55,000 gallons and were flushing the lines to remove the cloudy water. Commissioner Lunsford informed the board that water usage has decreased by about 40,000 gallons in total from last month.
Old Business
Water Grants Update
Mayor Williford informed the board that we had a rebid opening on October 16, 2025, at 1:00 p.m., but one contractor was present.
Code of Ordinances
Commissioner Stovall informed the board that he drafted the ordinances, and the effective date is
July 01, 2026.
List of the Ordinances approved as follows:
A motion was made by Commissioner Stovall and seconded by Commissioner Lunsford to approve the Chapter I Article I: General Provisions. Motion carried unanimously.
A motion was made by Commissioner Stovall and seconded by Commissioner Lunsford to approve the Chapter II Article I: Administrator and Article II: Legislative Procedures. Motion carried unanimously.
A motion was made by Commissioner Stovall and seconded by Commissioner Sneed to approve Chapter III: Planning, Development and Zoning, Article I: Zoning. Motion carried unanimously.
A motion was made by Commissioner Stovall and seconded by Commissioner Roberts to approve Chapter IV: Health and Sanitation, Article I: General Provisions. Motion carried unanimously.
A motion was made by Commissioner Stovall and seconded by Commissioner Lunsford to approve Chapter IV: Health and Sanitation, Article II: Weed and Noxious Growth. Motion carried unanimously.
A motion was made by Commissioner Stovall and seconded by Commissioner Sneed to approve Chapter IV: Health and Sanitation, Article III: Visual Blight as a Nuisance. Motion carried unanimously.
A motion was made by Commissioner Stovall and seconded by Commissioner Sneed to approve Chapter V: Offenses; Miscellaneous. Motion carried unanimously.
*Full Text of Code of Ordinances below.
Credit Card Payments on Websites
Commissioner Stovall mentioned to the board that we have updated the payments for others, which can also be used for the Harvest Festival, zoning permits, and miscellaneous costs, separate from the water bills.
Civic Committee Update
Commissioner Stovall informed the board that the Harvest Festival is coming up on October 25, 2025, and the Committee meeting will be held on October 08, 2025, at 6:00 p.m. He also wants to inform the board that he would like to recognize the committee and the volunteers who helped clean the park, the John Penn plaque, the Welcome to Stovall signs, and the planting plants along those signs. All thanks go to Glenn Hughes, Tammy Hughes, David Rivenbark, Tiana Royster, and Gerrie Rivenbark for their hard work and dedication.
Stovall Law Enforcement Center Update
Commissioner Stovall mentioned to the board that everyone attended the grand opening at the New Granville Senior Center in Stovall, NC, and it went well. Commissioner Stovall informed the board that we need to focus on the new home for the Stovall Police Department, which is still in progress. We are consulting with the county about the old lease from the Senior Center to the Stovall Police Department Center. Hopefully, next month, we will discuss the funds to support Chief in establishing the building as a Stovall Police Department Center.
New Business
Mayor Williford addressed the board, stating there was no Public Comment to address.
A motion was made by Commissioner Stovall and seconded by Commissioner Lunsford to approve transferring the CDs to a different bank. Motion carried unanimously.
A motion to adjourn was made by Commissioner Stovall and seconded by Commissioner Sneed. Motion approved. Motion carried unanimously.
________________________________________
Michael S. Williford, Mayor Date
________________________________________
Ummala Rowley, Town Clerk Date
*Full Text of Code of Ordinances
CHAPTER 1
ARTICLE I: GENERAL PROVISIONS
§ 1-1 TITLE OF CODE.
This codification of ordinances by and for the Town of Stovall shall be designated as the “Code of Stovall, North Carolina,” and may be so cited.
§ 1-2 INTERPRETATION.
Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.
§ 1-3 APPLICATION TO FUTURE ORDINANCES.
All provisions of Chapter 1 compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
§ 1-4 CAPTIONS.
Headings and captions used in this code, other than the chapter, article and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 1-5 DEFINITIONS.
(A) General rule. Words and phrases shall be taken in their plain, ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BOARD OF COMMISSIONERS. The governing body of the Town of Stovall, North Carolina.
CHARTER. The Charter of the Town of Stovall, North Carolina.
TOWN. The Town of Stovall, North Carolina.
CODE,THIS CODE or THIS CODE OF ORDINANCES. This municipal code, as modified by amendment, revision and adoption of new chapters, articles or sections.
COUNTY. Granville County, North Carolina.
GOVERNOR. The Governor of North Carolina.
JOINT AUTHORITY. All words giving a joint authority to three or more persons or officers shall be construed as giving the authority to a majority of the persons or officers.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and, in such cases, the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.
OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of the Town unless the context clearly requires otherwise.
OWNER. Applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of the property.
PERSON.
(a) Extends to and includes person, persons, firm, corporation, co-partnership, trustee, lessee or receiver.
(b) Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER, as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PERSONAL PROPERTY. Every species of property, except real property.
PRECEDING or FOLLOWING. Next before or next after, respectively.
PROPERTY. Includes real and personal property.
REAL PROPERTY. Includes lands, tenements and hereditaments.
SHALL. The act referred to is mandatory.
SIDEWALK. Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of North Carolina.
STREET. Any public way, road, highway, street, avenue, boulevard, parkway, dedicated alley, lane, viaduct, bridge and the approaches thereto within the Town and shall mean the entire width of the right-of-way between abutting property lines.
TENANT or OCCUPANT. When applied to a building or land, shall include any person who occupies the whole or a part of the building or land, whether alone or with others.
WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year unless otherwise expressed.
§ 1-6 RULES OF INTERPRETATION.
The construction of all ordinances of the Town shall be by the following rules unless the construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance.
(A) AND or OR. Either conjunction shall include the other as if written “and/or,” if the sense requires it.
(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
§ 1-7 SEVERABILITY.
If any provision of this code, as now or later amended, or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
§ 1-8 REFERENCE TO OTHER SECTIONS.
Whenever, in one section, reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 1-9 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the Town exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
§ 1-10 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted, as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 1-11 OFFICIAL TIME.
The official time, as established by applicable state and federal laws, shall be the official time within the Town for the transaction of all municipal business.
§ 1-12 REASONABLE TIME; COMPUTING TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
(B) (1) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last.
(2) If the last day be Sunday, it shall be excluded.
§ 1-13 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
§ 1-14 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 1-15 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the legislative body requiring publication shall take effect on July 1, 2026 and after the due publication thereof unless otherwise expressly provided. Ordinances not requiring publication shall take effect on July 1, 2026 unless otherwise expressly provided.
§ 1-16 REPEAL OR MODIFICATION OF ORDINANCES.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause or provision shall be itself
repealed, the repeal shall not be construed to revive the former ordinance, clause or provision unless it is expressly provided.
§ 1-17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) (1) All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system hereof and printed for inclusion herein.
(2) When subsequent ordinances repeal any chapter, section or division, or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages. The subsequent ordinances, as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of the subsequent ordinances numbered or omitted are re-adopted as a new code by the Town.
(B) Amendments to any of the provisions of this code shall be made by amending the provisions by specific reference to the section number of this code in language substantially similar to the following: “Section of the Code of Ordinances, Town of Stovall, North Carolina, is hereby amended as follows...” The new provisions shall then be set out in full as desired.
(C) If a new section not heretofore existing in the code is to be added, language substantially similar to the following shall be used: “The Code of Ordinances, Town of Stovall, North Carolina, is hereby amended by adding a section, to be numbered , which section shall read as follows...” The new section shall then be set out in full as desired.
(D) All sections, articles, chapters or provisions desired to be repealed must be specifically
repealed by section, article or chapter number, as the case may be.
§ 1-99 GENERAL PENALTY.
(A) Any person, firm or corporation violating any of the provisions of any section or division of this code of ordinances for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any of the provisions of this code of ordinances are violated shall constitute a separate offense.
(B) Unless otherwise specifically set forth in any particular section or provision of the ordinance, as a general rule, the penalty is that as is set forth in division (A).
Statutory reference:
Enforcement of ordinances, see G.S. § 160A-175
CHAPTER II
ARTICLE I: ADMINISTRATION
§ 2-1 LOAN OR LEASE OF TOWN EQUIPMENT.
No officer or employee of the Town shall loan or lease any machinery, tools or other equipment belonging to the Town to any person without the consent of the Board, except as authorized by the Mayor or Town Administrator for a short period of time.
ARTICLE II: LEGISLATIVE PROCEDURES
§ 2-21 PUBLIC NOTICE OF OFFICIAL MEETINGS.
(A) If the Board has established, by ordinance, resolution or otherwise, a schedule of regular meetings, it shall cause a current copy of that schedule, showing the time and place of regular meetings, to be kept on file with the Town Clerk. If the Board changes its schedule of regular meetings, it shall cause the revised schedule to be filed with the Town Clerk at least seven calendar days before the day of the first meeting held pursuant to the revised schedule.
(B) If the Board holds an official meeting at any time or place other than a time or place shown on the schedule filed pursuant to division (A) above, it shall give public notice of time and place of that meeting, as provided below.
(1) If a meeting is an adjourned or recessed session of a regular meeting or of some other meeting, notice of which has been given pursuant to this section, and the time and place of the adjourned or recessed session has been set during the regular or other meeting, no further notice is necessary.
(2) For any other meeting, except an emergency meeting, the Board shall cause written notice of the meeting stating its purpose.
(a) To be posted on the principal bulletin board of the Board, or, if the Board has no bulletin board, at the door of its usual meeting room; and
(b) To be mailed or delivered to each newspaper, wire service, radio station and television station, which has filed a written request for notice with the Town Clerk or with some other person designated by the Board. The Board shall also cause notice to be mailed or delivered to any person, in addition to the representatives of the media listed above, who has filed a written request with the Clerk, or other person designated by the Board. This notice shall be posted and mailed or delivered at least 48 hours before the time of the meeting. The Board may require each newspaper, wire service, radio station and television station submitting a written request for notice to renew the request annually. The Board shall charge a fee to persons other than the media, who request notice, of $10 per calendar year, and may require them to renew their requests quarterly.
(3) For an emergency meeting, the Board shall cause notice of the meeting to be given to each local newspaper, local wire service, local radio station and local television station that has filed a written request, which includes the newspaper's, wire service's or station's telephone number, for emergency notice with the Town Clerk or with some other person designated by the Board. This notice shall be given either by telephone or by the same method used to notify the members of the Board and shall be given immediately after notice has been given to those members. This notice shall be given at the expense of the party notified. An “emergency meeting” is one called because of generally unexpected circumstances that require immediate consideration by the Board. Only business connected with the emergency may be considered at a meeting to which notice is given pursuant to this division.
Statutory reference:
Similar provisions, see G.S. § 143-318.12
§ 2-22 RULES GOVERNING CONDUCT OF MEETINGS.
The Board adopts the following rules governing its meetings in all matters of parliamentary procedure. “Robert’s Rules of Order” shall govern and apply.
(A) The Board’s rules and order of business shall be observed in all cases unless suspended temporarily for a special purpose of an emergency nature by a unanimous vote of all members present. Any member may move at any time for the suspension of any rule to entitle it to consideration.
(B) (1) If any member, in speaking or otherwise, transgresses the rules of the Board, the presiding officer shall, or any member can, call him or her to order, in which case the member so called to order shall immediately cease discussion unless permitted by the presiding officer to explain.
(2) The Board, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, he or she shall be at liberty to proceed. If otherwise, he or she shall not proceed without leave of the Board to proceed in order.
(C) (1) A member about to speak shall respectfully address the chair and shall not commence to speak until recognized by the presiding officer.
(2) When two or more members request to speak at the same time, the presiding officer shall determine which one is recognized.
(D) Every member, while speaking, shall confine himself or herself to the subject under debate, shall refrain from personalities and shall not refer to any other member of the Board of Commissioners, except in a respectful manner.
(E) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or to make a point of order.
§ 2-23 CONDUCT OF SPECTATORS AT MEETINGS; PROCEDURE.
(A) (1) It shall be the duty of the Chief of Police or his or her duly designated representative to be present and on official duty at all special and regular meetings of the Board.
(2) Except during the periods of time at the meetings as the Board shall set aside for public discussion, it shall be unlawful for any person present as a spectator to interrupt or disturb the proceedings in any manner by voice, actions or otherwise.
(3) During periods set aside for public discussion of any nature, any person desiring to speak shall secure the permission of the presiding officer by signing the sign-up sheet which shall be present at the beginning of the meeting. The use of profanity, obscene language, threats or any violent or abusive conduct by any person shall be a misdemeanor.
(4) It shall be the duty of the Chief of Police, upon the order of the presiding officer at any meeting, to forcibly, if necessary, evict any person violating the provisions of this section from the Board’s meeting hall.
(B) (1) Any person desiring to appear before the Board of Commissioners may submit a request in person, or in writing, stating his or her name, address and purpose for appearing before the Board of Commissioners.
(2) Requests shall be submitted to the Town Clerk, 107 Main Street, Stovall, North Carolina 27582.
(3) The request shall be received no later than the first Thursday of each month.
(4) Any agenda items to be set by the Board of Commissioners shall be given to the Town Clerk no later than the close of business on the first Thursday of each month. The regular Board meeting is held on the second Tuesday of each month at 6:00 p.m. in the Board meeting room, 107 Main Street, Stovall, North Carolina 27582.
§ 2-24 SPECIAL MEETINGS.
(A) The Mayor, or in the absence or disability of the Mayor, the Mayor Pro Tempore, may call a special meeting of the Board at the time as he or she deems advisable.
(B) (1) Each member of the Board shall be given notice of the time, place and purpose of the special meeting.
(2) The notice will be given at the member's normal place of business or at his or her home.
(C) All members of the Board will be given notice of the meetings as far in advance of the special meeting as is reasonably possible.
§ 2-25 QUORUM.
Three members of the Board shall constitute a quorum for meeting purposes, and if a quorum fails to attend, the meeting shall stand adjourned to a day agreed on by a majority of the members present.
§ 2-26 ORDER OF BUSINESS.
(A) The order of business at a regular meeting of the Board shall be as follows unless otherwise directed by the Mayor:
(1) Call to order/Invocation;
(2) Consent Agenda;
(3) Approval of Minutes;
(4) Mayor’s Update;
(5) Police Report;
(6) Water Report;
(7) Old business;
(8) New business.
(B) 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 the meeting.
§ 2-27 MAYOR TO PRESERVE ORDER.
The Mayor shall preserve order and decide all questions of order, but any member of the Board may appeal to the Board from the decision of the Mayor upon any question of order.
§ 2-28 PREVIOUS QUESTION.
(A) The previous question at a meeting of the Board may be called for at any time by a majority of the members present.
(B) The ayes and noes may be called for at any time by any member.
§ 2-29 MOTION TO ADJOURN.
A motion to adjourn shall always be in order and shall be decided without debate.
§ 2-30 COMMITTEES APPOINTED BY MAYOR.
All committees shall be appointed by the Mayor unless otherwise ordered by the Board.
§ 2-31 RESIGNATION OF MEMBERS.
Resignation of members of the Board shall be in writing.
§ 2-32 EVERY MEMBER TO VOTE.
Every member shall vote when a question is stated from the chair unless excused by the Board and unless a member of the Board requests action by the Board, his or her refraining shall be considered to be an excuse by the Board. A failure to vote by a member of the Board who is physically present in the council chamber, or who has withdrawn without being excused by a majority vote of the remaining Board members present, shall be recorded as an affirmative vote.
§ 2-33 EFFECTIVE DATE OF ORDINANCES.
Every ordinance shall be in force from its passage unless otherwise specified in the ordinance.
CHAPTER III: PLANNING, DEVELOPMENT AND ZONING
ARTICLE I – ZONING
§ 3-1 ENACTMENT OF ZONING ORDINANCE – RESTATED.
The Town enacted a Zoning Ordinance on November 1, 1979 which was subsequently amended on June 8, 2021 and on August 8, 2023. The Town’s Zoning Ordinance and subsequent amendments are incorporated and restated as if fully set forth herein.
CHAPTER IV: HEALTH AN SANITATION
ARTICLE I – GENERAL PROVISIONS
§ 4-1 CODE ENFORCEMENT OFFICER; GENERAL AUTHORITY.
(A) The Code Enforcement Officer may enter upon and inspect all premises within the Town to see that the same are kept in a sanitary condition, and in a safe condition from fire hazard.
(B) (1) He or she may notify the owners of property and require them to remedy any unlawful conditions which he or she may observe or see on or about the premises. The notice shall be given to the owner or to the person in charge of the property.
(2) The officer shall have authority and power, in a lawful manner to cause the owner or occupant of the premises to remedy the conditions or be prosecuted. He or she shall be entitled to wear and exhibit a badge as a Code Enforcement Officer.
§ 4-2 RIGHT OF ENTRY TO INSPECT AND INVESTIGATE CONDITIONS.
The Code Enforcement Officer or any of his or her assistants shall have the right to enter at any reasonable time any premises for the purpose of making the inspections or investigations as required by this Ordinance.
§ 4-3 HINDERING OR OBSTRUCTING.
It shall be unlawful for any person to hinder, obstruct or delay the Code Enforcement Officer or any of his or her assistants in the lawful discharge of their duties. Violation of this section could subject the person to penalties as set forth in Section 1-99.
§ 4-4 LIABILITY; DUTY OF OWNER OR OCCUPANT OF PREMISES.
The owner, lessee, tenant or occupant of any building or premises where there shall be a nuisance or any violation of any ordinance of the Town relating to health and sanitation shall be jointly and severally liable therefor and may be required to abate the same or comply with the order of the Code Enforcement Officer or his or her assistants within the specified time within the order.
ARTICLE II: WEED AND NOXIOUS GROWTH
§ 4-20 PROHIBITION.
No person having control of any lot located within 50 feet of any building occupied as a residence shall allow or maintain on any lot any growth of weeds of a height of over ten (10) inches. Violation of this section could subject the person to penalties as set forth in Section 4-23.
§ 4-21 REMOVAL GENERALLY.
It shall be the duty of the Code Enforcement Officer, to notify the owner, lessee or occupant or the agent, servant, representative or employee of any owner, in writing, that the owner, agent or representative of the owner, is permitting weeds to grow on the lot or part of lot in violation of Section 4-20. The notice shall be served by the Code Enforcement Officer upon the owner, agent or representative of the owner of the lot to remedy the violation and each and every day the owner, agent or representative of the owner shall permit the weeds to remain upon the lot or any part of the lot after the notice and remedy violation period, shall constitute a separate offense.
§ 4-22 NOTICE TO LANDOWNERS.
(A) The Town may notify a violator of the Town's weeded lot ordinance that if the violator's property is found to be in violation of the ordinance again in the calendar year in which notice is given, the Town shall, without further notice, take action to remedy the violation, and the expense of that action shall be charged to the violator.
(B) The notice may also provide that, for each additional violation, the Town shall charge the violator the expense of the action and surcharge of up to 50% over the expense to remedy the preceding violation.
(C) Notice of violation shall be served by registered or certified mail.
§ 4-23 REMOVAL BY TOWN.
In the event that the owner, lessee or occupant of any premises upon which weeds have grown or are growing in violation of Section 4-20, does not cut or have the same cut, or refuses to obey or abide by any notice from the Town to have the same cut, the Town may, through its proper officers, enter the premises and remove the weeds. The cost of the removal by the Town shall be charged and assessed against the owner of the premises in the same manner and shall have the same force and effect as a tax lien against the premises.
ARTICLE III: VISUAL BLIGHT AS A NUISANCE
§ 4-50 DUTY OF OWNERS AND OCCUPANTS OF PREMISES; GENERALLY.
(A) Every person owning or occupying any premises in the Town shall keep the premises free from trash, and all other forms of animal or vegetable refuse which may be dangerous or prejudicial to the public health, or which may constitute a public nuisance. No owner or occupant of any premises shall bury therein any animal or vegetable matter which, upon decaying, may become dangerous or prejudicial to the public health or constitute a nuisance.
(B) No person shall store or allow to remain upon open porches, decks, or other outdoor areas visible from streets or backyards facing the house or other public areas, any materials that increase the likelihood of fire, conceal dangerous conditions, provide a breeding place for vermin, or create an unattractive condition or a visually blighted property. By way of illustration and not limitation, such materials may include broken or unused appliances, broken or unused furniture, unused equipment, broken or discarded machinery junk, or other similar items. This shall include junk cars and trucks parked in the front yard of residences, or in areas other than designated driveways or marked parking areas for periods in excess of three weeks and visible from a public right-of-way. Provided, however, this prohibition does not apply to furniture, appliances and equipment intended by the manufacturer to be used outdoors.
(C) If any person shall violate any provision of this section, it shall be the duty of the Code Enforcement Officer to give notice, in writing, to the owner and lessee or occupant, or the agent, representative or employee of any owner, that within thirty (30) days of the first notice or sooner from the date of such notice, the condition constituting a nuisance must be abated.
(D) Any violation of this section shall subject the owner or occupant of the premises to the penalties provided below.
I. Any owner or occupant of the premises will be notified and have 30 days to abate any condition described in such notice.
II. If after 31 days of first notice the described nuisance has not been abated, a $50 fine will be incurred by the occupant.
III. If after 45 days of first notice the described nuisance has not been abated, a second $50 fine will be incurred by the occupant.
IV. If at or after 60 days of first notice the described nuisance has not been abated, a third $50 fine will be incurred by the occupant.
(E) After 75 days, should any owner or occupant fail to comply with such notice, the Code Enforcement Officer shall proceed to have the condition abated and the offending materials removed, and the property owner shall be responsible to the Town for the cost thereof. In the case of offenses same in nature within a six-month period, the Code Enforcement Officer shall not be required to give the owner or occupant notification prior to taking action to have the offending material removed unless the lessee or property owner/s has changed.
CHAPTER V
OFFENSES; MISCELLANEOUS
§ 5-1 DISCHARGING FIREARMS.
It shall be unlawful for any person within Town limits to discharge any firearm, except when used in defense of person or property or pursuant to lawful directions of law-enforcement officers.
Statutory reference:
Authority to prohibit discharge of firearms, see G.S.
§ 160A-189
§ 5-2 DAMAGES TO PUBLIC OR PRIVATE PROPERTY.
(A) It shall be unlawful for any person willfully to damage or destroy any fence, gate, sign, electric light fixture or any other property of the Town or of another person or to post any bill or poster upon the property of another without the consent of the owner.
(B) Punishment for a violation of this section shall be as set forth in § 1-99, except that the penalty shall be as is set out in the appendix attached hereto and made a part hereof. A copy of the penalty schedule, which may be amended from time to time, shall be kept on record at the office of the Town Clerk.
Statutory reference:
Injuring houses, churches, fences and walls and the
like, see G.S. § 14-144
Injuring personal property, see G.S. § 14-160
Injury to public buildings, see G.S. § 14-132
Injuring wires, fixtures of telephone and power
companies, see G.S. §§ 14-154, 14-156
Malicious injury to real property, see G.S. § 14-127
§ 5-3 WRITING OR DRAWING OBSCENE WORDS OR PICTURES.
(A) It shall be unlawful to do any obscene act in any public place, or to write obscene language or to make obscene markings or drawings on any wall of any public or private building, or upon the streets or sidewalks.
(B) Punishment for a violation of this section shall be as set forth in § 1-99, except that the penalty shall be as is set out in the appendix attached hereto and made a part hereof. A copy of the penalty schedule, which may be amended from time to time, shall be kept on record at the office of the Town Clerk.
§ 5-4 STANDING OR SITTING UPON TOWN MONUMENT.
It shall be unlawful for any person to stand or sit upon any Town Monument.
§ 5-5 DISTURBING PUBLIC MEETINGS.
It shall be unlawful to behave in a boisterous or disruptive manner at any public entertainment or meeting, or to create any manner of disturbance at the entrance thereto, or to in any way disturb or annoy the audience of the place.
Statutory reference:
Disorderly conduct in public buildings, see G.S.
§ 143-345.2
Disturbing religious assembly by certain exhibitions,
see G.S. § 14-200
§ 5-6 DISTURBING SCHOOL CHILDREN.
It shall be unlawful for any person at or near any schoolhouse or property within the town to engage by conversation, sign or otherwise attract the attention of any of the pupils therein or thereon, to the disturbance of the same and to the detriment of the discipline of the school or otherwise cause any disturbance whatsoever on or near school property. It shall be unlawful for any person to cause any disturbance or disrupt any school function, sport or other gathering within the Town, whether the same be on or off of school property.
§ 5-7 SPITTING IN PUBLIC PLACES.
It shall be unlawful to spit upon the floor of any public building.
§ 5-8 UNNECESSARY NOISE.
(A) Subject to the provisions of this section, the creation of any unreasonably loud, disturbing and unnecessary noise is prohibited. Noise of the character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.
(B) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the 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, or if in motion only as a signal necessitated by traffic conditions; the creation by means of any signal device of any unreasonably loud or harsh sound; and the sounding of the 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 a manner or with the volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of any person;
(4) The blowing of any whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger;
(5) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or any engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, except in the case of an emergency;
(6) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced unless otherwise previously authorized by the Town;
(7) 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 8:00 p.m. on weekdays, except when previously approved by the Town or in the case of urgent necessity in the interest of public safety and then only with a permit from the County Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues;
(8) The creation of any excessive noise on Sundays on any street adjacent to any church, provided conspicuous signs are displayed in the streets adjacent to churches indicating that the same is a church street;
(9) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood, unless previously approved by the Town;
(10) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes, except where a specific license is received from the Police Department; (Advertising sound trucks may make not more than three continuous round trips in the fire district between the hours of 8:00 a.m. and 10:00 p.m., on condition that the sound devices on the trucks shall be kept silent unless the truck is moving at a speed of not less than 15 miles per hour.)
(11) 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 therefrom between the hours of 11:00 p.m. and 7:00 a.m.;
(12) The maintenance and operation of radios, amplifiers, phonographs or other mechanical instruments or devices of any kind whereby the sound therefrom is cast directly upon the streets or other public places, unless otherwise previously approved by the Town, (the provisions hereof are not to apply to Christmas or religious music); and,
(13) The gathering of fifteen (15) or more persons for the purpose of rallies, recreation events, speeches, parades or similar gatherings between the hours of 11:00 p.m. and 7:00 a.m., particularly in close proximity to residential neighborhoods, so that the sleep and repose of persons in any dwelling, hotel or other type of residence is likely to be disturbed.
(C) Punishment for a violation of this section shall be as set forth in § 1-99, except that the penalty shall be as is set out in the appendix attached hereto and made a part hereof. A copy of the penalty schedule, which may be amended from time to time, shall be kept on record at the office of the Town Clerk.
Statutory reference:
Noise regulations authorized, see G.S. § 160A-184
§ 5-9 USE OF PARKING LOTS REGULATED.
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PARKING LOT. Any area within the Town on which more than ten automobiles may be parked and shall include public parking lots and those parking lots which are for the principal purpose of providing parking during business hours for shopping centers, stores, restaurants, drive-ins, theaters and other business or commercial establishments.
(B) It shall be unlawful for more than ten people to congregate on a parking lot between 11:00 p.m. and 6:00 a.m., if the closest part of the parking lot is within 300 feet of a private residence. This section shall not apply to a person parking a vehicle on a lot or being on a parking lot for the purpose of patronizing a business establishment which is actually open for business between 11:00 p.m. and 6:00 a.m.
(C) It shall be unlawful for any person on a parking lot in the Town to:
(1) Throw any type of bottle, can, container, trash or paper on a parking lot; and,
(2) Make a noise or disturbance that persons living in homes or other dwelling accommodations within 150 feet of the parking lot are disturbed in their place of living and deprived of their peace and quiet.
(D) Punishment for a violation of this section shall be as set forth in § 1-99, except that the penalty shall be as is set out in the appendix attached hereto and made a part hereof. A copy of the penalty schedule, which may be amended from time to time, shall be kept on record at the office of the Town Clerk.
§ 5-10 TRESPASS ON TOWN PROPERTY.
(A) It shall be unlawful for any person to enter upon any real property belonging to or under the control of the Town unless the person does so under the direction or the supervision of the Town Administrator or his or her duly designated representative. This section is applicable to property of the Town, both inside and outside of the Town limits.
(B) Punishment for a violation of this section shall be as set forth in § 1-99, except that the penalty shall be as is set out in the appendix attached hereto and made a part hereof. A copy of the penalty schedule, which may be amended from time to time, shall be kept on record at the office of the Town Clerk.
§ 5-11 LOITERING.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER. A person who has, within the knowledge of the arresting officer, been convicted in any court within the state of any violation involving the use, possession or sale of any of the substances referred to in the State Controlled Substances Act, G.S. Ch. 90, Art. 5, of the state Statutes, or has been convicted of any violation of any substantially similar laws of any political subdivision of the state or of any other state or of federal law.
PUBLIC PLACE. Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways 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.
(B) It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the State Controlled Substances Act, G.S. Ch. 90, Article 5. The circumstances shall include:
(1) Repeatedly beckoning to, stopping or attempting to stop passers-by or repeatedly attempting to engage passers-by in conversation;
(2) Repeatedly stopping or attempting to stop motor vehicles;
(3) Repeatedly interfering with the free passage of other persons;
(4) The person is a known unlawful drug user, possessor or seller;
(5) The person behaves in a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug related activity;
(6) The person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
(7) The person takes flight upon the approach or appearance of a police officer;
(8) The person is at a location frequented by persons who use, possess or sell drugs; or
(9) Any vehicle involved is registered to a known unlawful drug user, possessor or seller or is known to be or have been involved in drug related activities.
(C) Violation of any provision of this section shall be a misdemeanor, as provided by G.S. § 14-4.
§ 5-12 CURFEW FOR MINORS.
(A) The purpose of this section shall be to establish a curfew for minors in the Town, thus assisting the parents and guardians of minors in the ever-increasing difficult task of child-rearing and to promote the health, safety and welfare of both minors and adults in the Town by creating an environment offering protection and security for all concerned.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TOWN. The corporate limits of the Town of Stovall, North Carolina.
GUARDIAN. A person who has the legal care and management of a minor as defined by this section, which shall include the term PARENT.
MINOR. A person who has not reached his or her sixteenth birthday and is not married, emancipated or a member of the armed services of the United States.
OFFICER. Any sworn law enforcement official employed by the Town and having authority to enforce laws of the Town.
POLICE DEPARTMENT. The Town of Stovall Police Department.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, parking lot or place to which the general public has access and a right to go for business, entertainment or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front of immediate area of the above.
(C) A curfew applicable to minors is established and shall be enforced within the corporate limits of the Town as follows.
(1) It is unlawful for any minor to be or remain upon any public place as defined in this section in the Town 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.
(2) The restrictions provided by division (C)(1) above shall not apply to any minor:
(a) Who is accompanied by a guardian, parent or other person charged with the care and custody of the minor or a person over 18 years of age authorized by a parent or guardian to accompany the minor;
(b) Who is traveling between his or her home and place of employment, or between his or her home and church, municipal building, if the 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) Who is attending a school or church function or activity sponsored by the Town;
(d) Who is seeking emergency, medical care for himself or herself or some member of his or her immediate family;
(e) Who is engaged in travel with written parental permission;
(f) Who is engaged in bona fide interstate movement by motor vehicle through the Town or beginning or ending in the Town;
(g) Who is engaged in situations in which a minor is outdoors but attending sponsored organized and supervised activities, supervised by a responsible adult or organization involving the First Amendment free exercise of religion, freedom of speech or the right of assembly;
(h) Who is engaged in travel in instances of reasonable necessity if the minor possesses a written statement signed by the parent which describes the minor, states the facts establishing the reasonable necessity, specifies the streets, the time and the origin-and destination of travel;
(i) Who is engaged in situations in which a minor is on a sidewalk of the place where the minor resides, or on the sidewalk of a next-door neighbor and not congregating outdoors on another person's private property without the express permission of the owner or other person in lawful control of the property;
(j) Who is engaged in travel by a direct route, between a minor's place of residence and a school, religious, recreational, entertainment or any other organized community activity, including activities involving the free exercise of religion, speech or assembly.
(3) It shall be unlawful for any parent, guardian or other persons charged with the care and custody of any minor to knowingly allow or permit the minor child to be in or upon, or remain in or upon a public place within the Town within the curfew hours set out in division (C)(1) above, except as otherwise provided in division (C)(2) above.
(4) It shall be unlawful for any person, firm or corporation operating a place of business, including a place of amusement, to knowingly 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 division (C)(1) above, except as otherwise provided in division (C)(2) above.
(5) (a) When a minor is found to be in violation of this section, the officer will determine if the juvenile is a first-time offender; if so, he or she will then be taken to the Police Department or the residence of his or her parent or guardian. Written warning will be given to that parent or guardian. An information report shall be taken by the officer, to include the name and address of the juvenile and parent or guardian and the time, date and location of the offense. This report will be filed in the Police Department records division. The report shall be confidential and shall be subject to disclosure only pursuant to an order of a court of competent jurisdiction.
(b) If, upon investigation, the juvenile is found to be a repeat offender, he or she will be taken to the Police Department or to the residence of his or her parent or guardian and the adult, parent or guardian will be subject to a criminal citation, pursuant to division (C). A report will be filed in the Police Department and entered into the Police Department records division and shall contain the same information and be subject to the same confidentiality provisions as set forth herein.
(6) It shall be a violation of this section for an adult, guardian or parent to allow, permit, encourage, aid or abet a minor in the violation of division (C)(1) above, except as otherwise provided in division (C)(2) above.
(7) If any guardian or parent refuses to take custody of his or her minor child found to be in violation of this section, the officer with custody of the minor shall follow the procedure set forth in G.S. Ch. 7A, Art. 41.
(D) Any person, firm or corporation who violates any provision of this section shall be subject to a fine of up to $500 and/or imprisonment up to six months.
§ 5-13 CRIMINAL ACTIVITY NUISANCE ABATEMENT.
(A) Purpose. The purpose of this section is to remove criminal activity from areas of the Town using G.S. §§ 19-1 through 19-8.3. these criminal activities shall include assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this section, shall constitute a nuisance.
(B) Jurisdiction. The provisions of this chapter shall apply within the corporate limits of the Town of Stovall.
(C) Declaration of a criminal nuisance. Any condition defined in G.S. Ch. 19 as a nuisance shall be defined herein as a nuisance and shall be prohibited within the jurisdiction of the Town of Stovall.
(D) Identification.
(1) The primary responsibility of identifying potential properties and/or businesses rests with the Chief of Police and the Police Department as they have the most direct contact with the types of activities to which the nuisance law applies.
(2) All Town officials, including members of the Board of Commissioners, Mayor, Town Administrator, Town Clerk, and Town Attorney should assist the Chief of Police in carrying out his or her responsibility of identifying nuisances and should contact him or her if they have concern about ongoing illegal or suspicious activity at a particular location in the Town. A copy of the nuisance law should be distributed to all Town officials and they should familiarize themselves with the types of activities to which it applies.
(3) Members of the general public should be encouraged by the Police Department and Town officials to assist them in identifying areas and locations of concern. A copy of the nuisance law should be generally available at Town Hall for use of the citizens.
(E) Investigation.
(1) When a potential nuisance is identified, it shall be reported to the Chief of Police who shall determine whether the reported nuisance is such that additional investigation should be conducted.
(2) In the event it is determined that additional investigation should be conducted, the Chief of Police or his designee within the Police Department shall investigate the nuisance. Upon the completion of the investigation, a written report shall be prepared and filed with the Town Administrator and Town Attorney. The report shall contain detailed findings of fact and all supporting documentation. After the report has been reviewed, the Chief, Town Administrator, and Town Attorney shall decide whether or not the Town should take steps to abate the nuisance. If they decide to take steps to abate the nuisance then they shall report the findings to the Board of Commissioners in closed session to determine if the Board wishes to seek legal remedies and pay legal costs.
(F) Notification, abatement, actions of injunction, civil penalty, and forfeiture.
(1) If it is determined as set forth above that a nuisance situation exists and that the same should be abated, the Town shall take such steps necessary to do so, in accordance with the laws of the State of North Carolina. The landowner(s) and/or business operator(s) shall be notified, by certified mail, return receipt requested, of the facts and circumstances, which constitute the nuisance. The landowner and/or business owner shall be given a reasonable time to respond to the allegations and shall be given a reasonable time to voluntarily abate the nuisance. If requested by the landowner, the Police Chief and/or Town Manager and shall meet with the landowner to discuss resolution of the nuisance.
(2) If, after notification, and upon the expiration of the notification period, the landowner and/or business owner fails to voluntarily abate the nuisance, then the Town Manager shall report the same to the Board in executive session. At this time, the Board, after consulting with the Town Manager, Chief of Police, and Town Attorney, shall decide whether to pursue the matter through the judicial process and seek abatement, injunction, civil penalty, and forfeiture as deemed necessary and set forth in G.S. §§ 19-2.1 et seq. If the Board so decides, then the procedures set forth in G.S. §§ 19-2.1 et seq., which are annexed hereto and incorporated by reference herein, shall be followed.
§ 5-14 COMMERCIAL TRACTOR TRAILERS.
(1) It shall be unlawful for any individual to operate a commercial tractor-trailer on any Town
Street which is not maintained by the North Carolina Department of Transportation.
(2) Punishment for a violation of this section shall be as set forth in § 1-99.
(Ord. 02-08-22, passed 02-08-22)
§ 5-15 STREET ADDRESS NUMBERS.
(1) It shall be the duty of every owner of real property located within the Town limits to mark
their residences with their street address number. The street address numbers shall be clearly visible from the road and shall be at least 3.5 inches in height.
(2) In the event the owner of real property located within the Town limits does not contain a
residence on the real property, it shall be the duty of the owner to mark the driveway or entrance of the real property with the street address number in some noticeable manner.
(3) Penalty for a violation of this section shall be as is set out in the appendix attached hereto and made a part hereof. A copy of the penalty schedule, which may be amended from time to time, shall be kept on record at the office of the Town Clerk.
APPENDIX: MAXIMUM PENALTY SCHEDULE
| ||
Maximum Penalty schedule | ||
Code Section | Maximum Penalty | Ord. No. |
§ 5-2 Damages to public or private property | Not less than $50 and not greater than $500 | ____, passed _____ |
§ 5-3 Writing or drawing obscene words or pictures | Not less than $25 and not greater than $200 | _____, passed _____ |
§ 5-8 Unnecessary noise | Not less than $25 and not greater than $250 | _____, passed ______ |
§ 5-9 Use of parking lots regulated | Not less than $25 and not greater than $200 | _____, passed ____ |
§ 5-10 Trespass on Town property | Not less than $25 and not greater than $500 | _____, passed _____ |
§ 5-15 Street Address Numbers | Not less than $25 and not greater than $500 | _____, passed _____ |
Note to Table: These penalties may be amended from time to time. | ||