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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW 2005-305 HOUSE BILL 328 AN ACT TO ADD THE CITY OF ALBEMARLE AND THE TOWNS OF BEAUFORT AND SOUTHERN SHORES TO THE MUNICIPALITIES IN WHICH LAW ENFORCEMENT OFFICERS MAY OPERATE UNREGISTERED ALL-TERRAIN VEHICLES ON HIGHWAYS WITH SPEED LIMITS OF THIRTY-FIVE MILES PER HOUR OR LESS AND THE TOWNS OF DUCK, KILL DEVIL HILLS, KITTY HAWK, AND NAGS HEAD TO THE MUNICIPALITIES IN WHICH LAW ENFORCEMENT OFFICERS AND MUNICIPAL EMPLOYEES MAY OPERATE UNREGISTERED ALL-TERRAIN VEHICLES ON HIGHWAYS WITH SPEED LIMITS OF THIRTY-FIVE MILES PER HOUR OR LESS, TO ALLOW THE TOWN OF ST. JAMES TO EXERCISE PLANNING JURISDICTION WITHIN THE CORPORATE LIMITS IN 2005 AND TO ALLOW EXTRATERRITORIAL PLANNING JURISDICTION IN 2010, TO EXEMPT THE TOWN OF LELAND FROM THE REQUIREMENT THAT AN ABC STORE IN BRUNSWICK COUNTY BE LOCATED NO CLOSER THAN SEVEN MILES FROM A MUNICIPALITY WITH AN EXISTING ABC STORE, TO ADD WASHINGTON COUNTY TO THE COUNTIES IN WHICH IT IS ILLEGAL TO REMOVE OR DESTROY AN ELECTRONIC DOG COLLAR, CLARIFYING THE ORANGE COUNTY VOTING CENTERS ACT, AND TO AUTHORIZE THE TOWN OF MATTHEWS TO ADOPT ORDINANCES REGULATING THE REMOVAL, REPLACEMENT, AND PRESERVATION OF TREES WITHIN THAT TOWN, AND TO VALIDATE ELECTIONS AND ACTIONS OF THE PAMLICO COUNTY BOARD OF EDUCATION, AND TO CHANGE THE OFFICE OF TAX COLLECTOR IN HENDERSON COUNTY FROM ELECTIVE TO APPOINTIVE, AND TO RECONFIRM AND VALIDATE NONPARTISAN ELECTIONS FOR THE ELIZABETH CITY-PASQUOTANK BOARD OF EDUCATION AND VALIDATE ACTIONS OF THAT BOARD, AND TO AUTHORIZE THE TOWN OF BLADENBORO TO GIVE ANNUAL NOTICE TO CHRONIC VIOLATORS OF THE TOWN'S PUBLIC NUISANCE ORDINANCE, AND TO CLARIFY THAT CERTAIN STATE LAND IS SUBJECT TO MUNICIPAL PLANNING JURISDICTION AND THE IMPOSITION OF OVERLAY AND SPECIAL USE DISTRICTS BY THE TOWN OF SOUTHPORT WITHOUT THE APPROVAL OF THE COUNCIL OF STATE, AND TO CLARIFY THAT MOREHEAD CITY MAY ORDER OWNERS OF RESIDENTIAL PROPERTY TO REPAIR RATHER THAN VACATE HOUSING AND TO AUTHORIZE THAT CITY TO ORDER DWELLINGS DETERMINED UNFIT FOR HUMAN HABITATION BE REPAIRED OR DEMOLISHED AFTER A PERIOD OF SIX MONTHS. The General Assembly of North Carolina enacts: Section 1. Section 3 of S.L. 2004-108 reads as rewritten: "Section 3. Section 1 of this act applies to the City of Albemarle and the Towns Town of Beaufort, Southern Shores, and Mint Hill only. Section 2 of this act applies to the Towns of Duck, Kill Devil Hills, Kitty Hawk, Nags Head, and the City of Kings Mountain only." GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 SESSION LAW 2004-108 HOUSE BILL 1422 AN ACT TO PERMIT LAW ENFORCEMENT OFFICERS IN MINT HILL AND MUNICIPAL EMPLOYEES AND LAW ENFORCEMENT OFFICERS OF THE CITY OF KINGS MOUNTAIN TO OPERATE UNREGISTERED ALL-TERRAIN VEHICLES ON HIGHWAYS WITH SPEED LIMITS OF THIRTY-FIVE MILES PER HOUR OR LESS. The General Assembly of North Carolina enacts: Section 1. [. . . ] Section 2. Chapter 20 of the General Statutes is amended by adding a new section to read: " § 20-114.3. Law enforcement and municipal employee all-terrain vehicles permitted on highways with speed limits of 35 miles per hour or less. Law enforcement officers enforcing the laws of the State and municipal employees may use all-terrain vehicles, as defined in G.S. 14-159.3(b) and owned or leased by the governmental agency, on public highways where the speed limit is 35 miles per hour or less. Law enforcement officers and municipal employees may operate all-terrain vehicles on nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less." Section 3. Section 1 of this act applies to the Town of Mint Hill only. Section 2 of this act applies to the City of Kings Mountain only. Section 4. This act is effective when it becomes law. In the General Assembly read three times and ratified this the 16 th day of July, 2004. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 SESSION LAW 2003-282 HOUSE BILL 542 AN ACT TO ALLOW THE TOWNS OF CASWELL BEACH, OAK ISLAND, OCEAN ISLE BEACH, AND SUNSET BEACH AND THE VILLAGE OF BALD HEAD ISLAND TO EXERCISE THE POWER OF EMINENT DOMAIN FOR THE PURPOSES OF ENGAGING IN BEACH EROSION CONTROL, FLOOD AND HURRICANE PROTECTION WORKS, AND PUBLIC BEACH ACCESS. The General Assembly of North Carolina enacts: Section 1. G.S. 40A-3(b1) reads as rewritten: "(b1) Local Public Condemnors [Modified Provision for Certain Localities]. - For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property or interest therein, either inside or outside its boundaries, for the following purposes. (1) Opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The authority contained in this subsection is in addition to the authority to acquire rights-of-way for streets, sidewalks and highways under Article 9 of Chapter 136. The provisions of this subdivision (1) shall not apply to counties. (2) Establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 160A-311 for cities, or G.S. 153A-274 for counties. (3) Establishing, enlarging, or improving parks, playgrounds, and other recreational facilities. (4) Establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems. (5) Establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities. (6) Constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission or agency. (7) Establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks and natural water channels or improving drainage facilities. The authority contained in this subdivision is in addition to any authority contained in Chapter 156 [G.S. ch. 156]. (8) Acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the purposes of G.S. 160A-399.3, Chapter 160A, Article 19, Part 3B, effective until October 1, 1989, or G.S. 160A-400.14, whichever is appropriate. (9) Opening, widening, extending, or improving public wharves. (10) Engaging in or participating with other governmental entities in acquiring, constructing, reconstructing, extending, or otherwise building or improving beach erosion control or flood and hurricane protection works, including, but not limited to, the acquisition of any property that may be required as a source for beach renourishment. (11) Establishing access for the public to public trust beaches and appurtenant parking areas. The board of education of any municipality or county or a combined board may exercise the power of eminent domain under this Chapter for purposes authorized by other statutes. The power of eminent domain shall be exercised by local public condemnors under the procedures of Article 3 of this chapter. This subsection applies only to Carolina Beach, Carteret County, Dare County, and Carteret and Dare Counties, the Towns of Atlantic Beach, Carolina Beach, Caswell Beach, Emerald Isle, Holden Beach, Indian Beach, Kill Devil Hills, Kitty Hawk, Kure Beach, Nags Head, North Topsail Beach, Oak Island, Ocean Isle Beach, Pine Knoll Shores, Sunset Beach, Surf City, Topsail Beach, and Wrightsville Beach. Beach, and the Village of Bald Head Island. " Section 2. G.S. 40A-42(a)(2) reads as rewritten: "(2) [Modified Provision for Certain Localities]. - When a local public condemnor is acquiring property by condemnation for a purpose set out in G.S. 40A-3(b1)(1), (4), (7), (10), or (11), or when a city is acquiring property for a purpose set out in G.S. 160A-311(1), (2), (3), (4), (6), or (7), or when a county is acquiring property for a purpose set out in G.S. 153A-274(1), (2) or (3), or when a local board of education or any combination of local boards of education is acquiring property for any purpose set forth in G.S. 115C-517, or when a condemnor is acquiring property by condemnation as authorized by G.S. 40A-3(c)(8), (9), (10), (12), or (13), title to the property and the right to immediate possession shall vest pursuant to this subsection. Unless an action for injunctive relief has been initiated, title to the property specified in the complaint, together with the right to immediate possession thereof, shall vest in the condemnor upon the filing of the complaint and the making of the deposit in accordance with G.S. 40A-41. This subdivision applies only to Caroline Beach, Carteret County, Dare County, and Carteret and Dare Counties, the Towns of Atlantic Beach, Carolina Beach, Caswell Beach, Emerald Isle, Holden Beach, Indian Beach, Kill Devil Hills, Kitty Hawk, Kure Beach, Nags Head, North Topsail Beach, Oak Island, Ocean Isle Beach, Pine Knoll Shores, Sunset Beach, Surf City, Topsail Beach, and Wrightsville Beach. Beach, and the Village of Bald Head Island. " Section 3. This act is effective when it becomes law. In the General Assembly read three times and ratified this the 30 th day of June, 2003. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001 SESSION LAW 2001-36 HOUSE BILL 19 AN ACT TO ALLOW CAROLINA BEACH, CARTERET COUNTY, DARE COUNTY, AND THE TOWNS OF INDIAN BEACH, KILL DEVIL HILLS, KITTY HAWK, KURE BEACH, NAGS HEAD, NORTH TOPSAIL BEACH, PINE KNOLL SHORES, SURF CITY, TOPSAIL BEACH, AND WRIGHTSVILLE BEACH TO EXERCISE THE POWER OF EMINENT DOMAIN FOR PURPOSES OF ENGAGING IN BEACH EROSION CONTROL AND FLOOD AND HURRICANE PROTECTION WORKS AND PUBLIC BEACH ACCESS. The General Assembly of North Carolina enacts: Section 1. G.S. 40A-3(b) reads as rewritten: "(b) Local Public Condemnors. - For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property, property or interest therein, either inside or outside its boundaries, for the following purposes. (1) Opening, widening, extending, or improving roads, streets, alleys, and sidewalks. The authority contained in this subsection is in addition to the authority to acquire rights-of-way for streets, sidewalks and highways under Article 9 of Chapter 136. The provisions of this subdivision (1) shall not apply to counties. (2) Establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 160A-311 for cities, or G.S. 153A-274 for counties. (3) Establishing, enlarging, or improving parks, playgrounds, and other recreational facilities. (4) Establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems. (5) Establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities. (6) Constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission or agency. (7) Establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks and natural water channels or improving drainage facilities. The authority contained in this subdivision is in addition to any authority contained in Chapter 156 [G.S. ch. 156]. (8) Acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the purposes of G.S. 160A-399.3, Chapter 160A, Article 19, Part 3B, effective until October 1, 1989, or G.S. 160A-400.14, whichever is appropriate. (9) Opening, widening, extending, or improving public wharves. (10) Engaging in or participating with other governmental entities in acquiring, constructing, reconstructing, extending, or otherwise building or improving beach erosion control or flood and hurricane protection works, including, but not limited to, the acquisition of any property that may be required as a source for beach renourishment. (11) Establishing access for the public to public trust beaches and appurtenant parking areas. The board of education of any municipality or county or a combined board may exercise the power of eminent domain under this Chapter for purposes authorized by other statutes. The power of eminent domain shall be exercised by local public condemnors under the procedures of Article 3 of this Chapter." Section 2. G.S. 40A-42(a) reads as rewritten: "(a) When a local public condemnor is acquiring property by condemnation for a purpose set out in G.S. 40A-3(b)(1), (4) or (7), (4), (7), (10), or (11), or when a city is acquiring property for a purpose set out in G.S. 160A-311(1), (2), (3), (4), (6), or (7), or when a county is acquiring property for a purpose set out in G.S. 153A-274(1), (2) or (3), or when a local board of education or any combination of local boards of education is acquiring property for any purpose set forth in G.S. 115C-517, or when a condemnor is acquiring property by condemnation as authorized by G.S. 40A-3(c)(8), (9), (10) or (12), title to the property and the right to immediate possession shall vest pursuant to this subsection. Unless an action for injunctive relief has been initiated, title to the property specified in the complaint, together with the right to immediate possession thereof, shall vest in the condemnor upon the filing of the complaint and the making of the deposit in accordance with G.S. 40A-41." Section 3. This act applies only to Carolina Beach, Carteret County, Dare County, and the Towns of Indian Beach, Kill Devil Hills, Kitty Hawk, Kure Beach, Nags Head, North Topsail Beach, Pine Knoll Shores, Surf City, Topsail Beach, and Wrightsville Beach. Section 4. This act is effective when it becomes law. In the General Assembly read three times and ratified this the 26 th day of April, 2001. GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION RATIFIED BILL CHAPTER 110 HOUSE BILL 373 AN ACT TO PROHIBIT THE RUNNING OF DEER BY DOGS IN THE TOWN OF SOUTHERN SHORES AND TO PROHIBIT THE TAKING OF DEER WITH DOGS IN A PORTION OF RICHMOND COUNTY. Section 1. Sec. 4 of Chapter 585 of the 1993 Session Laws reads as rewritten: "Sec. 4. This act applies only to the Towns of Kitty Hawk and Hawk, Nags Head. Head, and Southern Shores. " Section 2. Sec. 4 of Chapter 869 of the 1986 Session Laws reads as rewritten: "Sec. 4. This act applies only to that part of Richmond County west of the Little River. River and to that portion of Richmond County east of the Little River and bounded by Highway 73 to the north, by Hough Road to the east, and by Grassy Island Road to the south. " Section 3. This act becomes effective October 1, 1995. In the General Assembly read three times and ratified this the 25th day of May, 1995 GENERAL ASSEMBLY OF NORTH CAROLINA 1995 SESSION RATIFIED BILL CHAPTER 84 HOUSE BILL 651 AN ACT TO ALLOW THE TOWNS OF KILL DEVIL HILLS, KITTY HAWK, NAGS HEAD, AND SOUTHERN SHORES TO REGULATE NOISE IN THE ATLANTIC OCEAN AND OTHER WATERWAYS ADJACENT TO THAT PORTION OF THE TOWNS WITHIN THEIR BOUNDARIES OR WITHIN THEIR EXTRATERRITORIAL JURISDICTION. Section 1. G.S. 160A-184 reads as rewritten: "§ 160A-184. Noise regulation. (a) A city may by ordinance regulate, restrict, or prohibit the production or emission of noises or amplified speech, music, or other sounds that tend to annoy, disturb, or frighten its citizens. (b) A city may by ordinance regulate, restrict, or prohibit the production or emission of noises or amplified speech, music, or other sounds that tend to annoy, disturb, or frighten its citizens that are produced or emitted in, on, or from the Atlantic Ocean and other waterways adjacent to that portion of the city within its boundaries or within its extraterritorial jurisdiction. " Section 2. This act applies to the Towns of Kill Devil Hills, Kitty Hawk, Nags Head, and Southern Shores only. Section 3. This act is effective upon ratification. In the General Assembly read three times and ratified this the 16th day of May, 1995. GENERAL ASSEMBLY OF NORTH CAROLINA 1993 SESSION RATIFIED BILL CHAPTER 625 HOUSE BILL 1632 AN ACT TO ALLOW THE TOWNS OF KILL DEVIL HILLS, KITTY HAWK, NAGS HEAD, AND SOUTHERN SHORES TO REGULATE CERTAIN ACTIVITIES IN WATERWAYS ADJACENT TO THOSE TOWNS. Section 1. G.S. 160A-176.2 reads as rewritten: "§ 160A-176.2. Ordinances effective in Atlantic Ocean. (a) A city may adopt ordinances to regulate and control swimming, personal watercraft operation, surfing and littering in the Atlantic Ocean and other waterways adjacent to that portion of the city within its boundaries or within its extraterritorial jurisdiction; provided, however, nothing contained herein shall be construed to permit any city to prohibit altogether swimming or surfing or to make these activities unlawful. (b) Subsection (a) of this section applies to the Towns of Atlantic Beach, Cape Carteret, Carolina Beach, Caswell Beach, Emerald Isle, Holden Beach, Kill Devil Hills, Kitty Hawk, Long Beach, Nags Head, Ocean Isle Beach, Southern Shores, Sunset Beach, Topsail Beach, Wrightsville Beach, and Yaupon Beach, and the City of Southport only." Section 2. This act is effective upon ratification. In the General Assembly read three times and ratified this the 1st day of July, 1994. GENERAL ASSEMBLY OF NORTH CAROLINA 1993 SESSION RATIFIED BILL CHAPTER 585 HOUSE BILL 1633 AN ACT TO PROHIBIT THE RUNNING OF DEER BY DOGS IN THE TOWNS OF KITTY HAWK AND NAGS HEAD. The General Assembly of North Carolina enacts: Section 1. Notwithstanding any other provision of law, it is unlawful to chase deer with dogs, or to permit a dog or dogs to run or chase deer at any time. Section 2. Violation of this act is a Class 3 misdemeanor. A second or subsequent violation is punishable as a Class 2 misdemeanor. Section 3. This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction. Section 4. This act applies only to the Towns of Kitty Hawk and Nags Head. Section 5. This act becomes effective October 1, 1994. In the General Assembly read three times and ratified this the 30 th day of June, 1994. CHAPTER 1026 HOUSE BILL 1526 AN ACT TO PERMIT REGULATION OF SAND DUNES BY KITTY HAWK, KILL DEVIL HILLS, NAGS HEAD AND SOUTHERN SHORES. Section 1. Sand dunes are a unique topographical feature of Kitty Hawk, Kill Devil Hills, Nags Head and Southern Shores that are a tourist attraction and protect the towns from the danger of flooding and erosion. Therefore, to promote the health, safety and general welfare of their residents, these towns may by ordinance define, prohibit, or regulate acts, omissions, or conditions that damage, destroy, or remove any sand dune or kill, destroy, or remove any vegetation growing on any sand dune. Nothing herein shall be construed to allow the adoption of an ordinance that affects the emergency maintenance and repair provisions of G.S. 113A-103(5)b.5 or that affects any rules adopted by the North Carolina Coastal Resources Commission dealing with oceanfront erosion control. Section 2. This act applies only to the Towns of Kitty Hawk, Kill Devil Hills, Nags Head and Southern Shores. Section 3. This act is effective upon ratification. In the General Assembly read three times and ratified, this the 28th day of June, 1984. |