CODE OF THE CITY OF RALEIGH, NORTH CAROLINA _____________________________ THE CHARTER AND THE GENERAL ORDINANCES OF THE CITY _____________________________ Ordained and Published by Order of the Council _____________________________ Originall Published in 1980 By: THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES 1010 Raleigh Building Raleigh, North Carolina _____________________________ Supplemented Since 1980 and Republished in 1993 By: _____________________________ CURRENT CITY OFFICIALS _____________________________ MAYOR   Mary-Ann Baldwin _____________________________ COUNCIL   Corey Branch, Mayor Pro Tem (calendar year 2019—2020) Nicole Stewart, Mayor Pro Tem (calendar year 2020—2021 David Cox Stormie D. Forte Jonathan Melton Patrick Buffkin David Knight _____________________________ CITY ATTORNEY   Robin Tatum _____________________________ CITY MANAGER   Marchell Adams-David _____________________________ CITY CLERK-TREASURER   Gail G. Smith CITY OFFICIALS AT TIME OF PUBLICATION (1980) _____________________________ MAYOR   Isabella W. Cannon _____________________________ COUNCIL   Miriam P. Block S. Tony Jordan, Jr. William R. Knight Edward A. Walters William H. Wilson, Mayor Pro Tem James B. Womble G. Smedes York _____________________________ CITY ATTORNEY   Thomas A. McCormick _____________________________ CITY MANAGER   L.P. Zachary, Jr. _____________________________ CITY CLERK-TREASURER   Gail G. Smith FOREWORD This Code of Ordinances for the City of Raleigh was originally provided by the North Carolina League of Municipalities as part of its services program. Technical staff assistance was provided by Public Research and Management, Inc., of Atlanta, Georgia, which was responsible for the organization, codification, indexing and printing of the Code. The Code consists of: The Charter, followed by a tabulation of all local acts affecting the City of Raleigh: The Code of Ordinances, which includes citations referring to the official source and date of original ordinances, and those without citations representing new ordinances. This Code is designed to serve as a complete compilation of ordinances and as a reliable reference guide. The parts, chapters and articles of the Code follow in logical order. The table of contents, the sectional analysis at the beginning of each chapter and the indices provided sufficient points of reference for all elements of the code. Supplements will be published to keep the Code current. The supplements are printed in loose-leaf form so that all new ordinances may be inserted on a regular basis. Beginning with Supplement No. 3, 3-82, the Code was published by the editorial staff of the Municipal Code Corporation, Tallahassee, Florida. In 1993, the Code was republished in a new format, using the format of the 1992 Zoning Ordinance, included as Part 10, Chapter 2. This republication was under the supervision of A. Lawton Langford, President, and John Welch, Editor, of the Municipal Code Corporation. ORDINANCE NO. (1979)-262 AN ORDINANCE REVISING AND CONSOLIDATING THE ORDINANCES OF THE CITY OF RALEIGH, NORTH CAROLINA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RALEIGH AS FOLLOWS: Section 1. Adoption of Code. The ordinances included in the volume entitled "THE CHARTER AND CODE OF ORDINANCES CITY OF RALEIGH" and set out immediately following DIVISION I, THE CHARTER and designated as DIVISION II, Parts 1 through 14, inclusive, are hereby adopted as the official "CODE OF ORDINANCES OF THE CITY OF RALEIGH, NORTH CAROLINA," subject to the revisions herein enacted and incorporated into the CODE, and other provisions of this ordinance. Section 2. Repeal of prior ordinances. All ordinances of a general and permanent nature of the City enacted on or before January 1, 1979 and not included within this Code, or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except as provided in section 4. Section 3. Continuation of prior ordinances. To the extent that ordinances or portions of ordinances included within this code are the same in substance as ordinances in effect prior to the adoption of this code, it is intended that they be treated as continuations and not as new enactments or amendments, in order that all rights and liabilities that have accrued are preserved and may be enforced. Section 4. Ordinances not affected. This code of ordinances contains all of the general and permanent ordinances of the City of Raleigh, but it does not contain, and is not intended to repeal or affect, the following classes of ordinances or actions having the effect of ordinances: 1. Annexation ordinances; 2. Budget ordinances or amendments thereto; 3. Bond orders and ordinances; 4. Ordinances granting a franchise; 5. Ordinances or resolutions pertaining to the exercise of the power of eminent domain; 6. Ordinances or resolutions pertaining to the levy of special assessments; 7. Ordinances amending the charter of the City of Raleigh, pursuant to article 5, part 4 of chapter 160A, General Statutes of North Carolina. 8. Ordinances, resolutions or orders naming, renaming or closing a street; 9. Ordinances or resolutions establishing or amending the boundaries of wards or election districts; 10. Ordinances establishing or amending the boundaries of zoning districts; 11. Resolutions of any type; 12. Ordinances establishing or amending a position classification and pay plan for municipal employees; and 13. Ordinances of any type which are not normally or customarily codified, including but not limited to, ordinances of limited interest or ordinances of a transitory nature. Section 5. Privilege license tax schedule. There is hereby adopted and incorporated by reference into the official Code of Ordinances of the City of Raleigh as provided by section 2-2031 thereof a "SCHEDULE OF PRIVILEGE LICENSE TAXES." Such schedule shall be in full force and effect following the effective date of this ordinance, as though fully set forth herein. The official "SCHEDULE OF PRIVILEGE LICENSE TAXES," as the same may be amended from time to time by the City Council, shall be kept and maintained in the offices of the Revenue Collector and the City Clerk, respectively, as a "technical ordinance" pursuant to G.S. 160A-76. Section 6. Traffic and parking schedule. There is hereby adopted and incorporated by reference to the official Code of Ordinances of the City of Raleigh as provided by section 11-2004 thereof a "SCHEDULE OF TRAFFIC AND PARKING REGULATIONS." Such schedule shall be in full force and effect following the effective date of this ordinance, as though fully set forth herein. The official "SCHEDULE OF TRAFFIC AND PARKING REGULATIONS," as the same may be amended from time to time by the City Council, shall be kept and maintained in the offices of the Transportation Director of the City Clerk, respectively, as a "technical ordinance" pursuant to G.S. 160A-76. Section 7. Revisions upon adoption. The following revisions, corrections, modifications and amendments are hereby enacted and adopted into the official Code of Ordinances. Editor's note: As part of the ordinance adopting the revised Code of Ordinances for the City, textual changes were made in §§ 2-3001, 8-2031, 6-1002, 10-1002, 10-4005, 10-4008, 7-2002, and 10-3022. These changes are incorporated into the relevant text of each respective ordinance, and are not codified here. Section 8. Vested rights. No provision of this ordinance is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private): (a) No vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provision of any ordinance repealed by the adoption of this Code. (b) Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any ordinance repealed by the adoption of this code. Section 9. Pending actions. No action or proceeding of any nature (whether civil or criminal, judicial or administrative or otherwise) pending on the effective date of this ordinance by or against the City of Raleigh or any of its departments or agencies shall be abated or otherwise affected by the adoption of this code. Section 10. Severability. If any portion of this code or other application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable. Section 11. Later ordinances. Ordinances which are adopted after January 1, 1979 shall be forwarded to the North Carolina League of Municipalities for codification into this volume. The League, as directed by the City Attorney, is hereby authorized to make all necessary editorial changes to codify such ordinances appropriately. Section 12. Copies of code. A copy of this code shall be kept on file in the office of the city clerk and it shall be the express duty of the clerk, or someone authorized by the clerk. to insert in their designated places all duly adopted amendments to this code, and to extract from this code all provisions which may be from time to time duly repealed. A copy of this code shall be available for all persons desiring to examine it during reasonable times, under the supervision of the city clerk. Section 13. Tampering or defacing code unlawful. It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this code, or to alter or tamper with the code in any manner whatsoever which will cause the ordinances of the City of Raleigh to be misrepresented thereby. Any person violating this section shall be guilty of a misdemeanor, and shall be punished as provided in section 14-4 of the General Statutes of North Carolina. Section 14. Effective date. This ordinance, and the code of ordinances which it adopts, shall be in full force and effect from and after the 9th day of January, 1980. Adopted: November 20, 1979 Effective: January 9, 1980 By: /s/ Isabella W. Cannon            Mayor ATTEST: /s/ Gail G. Smith                Clerk SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omits." In addition, by adding to this table with each supplement, users of this City Code will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted Include/ Omit Supp. No. Supp. No. 44 2011-919  6-21-11 Include 44 2011-920  6-21-11 Include 44 2011-931  7-19-11 Include 44 2011-941-TC-341[TC-5-11]  9- 6-11 Include 44 2011-942  9- 6-11 Include 44 2011-952 10- 4-11 Include 44 2011-953 10- 4-11 Include 44 2011-958 11- 1-11 Include 44 2011-961-TC-347[TC-7-11] 11- 1-11 Include 44 2011-962-TC-348[TC-8-11] 11- 1-11 Include 44 2011-963-TC-349[TC-10-11] 11- 1-11 Include 44 2011-964-TC-350[TC-11-11] 11- 1-11 Include 44 2011-967 11-15-11 Include 44 2011-980 11-15-11 Include 44 2011-981 12- 6-11 Include 44 2011-982 12- 6-11 Include 44 2011-989 12- 6-11 Include 44 2012-3  1-17-12 Include 44 2012-8-TC-351[TC-1-12]  2- 7-12 Include 44 2012-9-TC-352[TC-2-12]  2- 7-12 Include 44 2012-16  2-21-12 Include 44 Supp. No. 45 2011-918  6-21-11 Include 45 2012-19  3- 6-12 Include 45 2012-29  3-20-12 Include 45 2012-31  4- 3-12 Include 45 2012-35  4- 3-12 Include 45 2012-38  5- 1-12 Include 45 2012-39  5- 1-12 Include 45 2012-40  5- 1-12 Include 45 2012-41  5- 1-12 Include 45 2012-42  5- 1-12 Include 45 2012-48  5-14-12 Include 45 2012-49  5-14-12 Include 45 2012-52  5-14-12 Include 45 2012-57  6- 5-12 Include 45 2012-59  6- 5-12 Include 45 2012-65  6-18-12 Include 45 2012-66  6-18-12 Include 45 2012-69  6-18-12 Include 45 2012-70  6-19-12 Include 45 2012-81  6-19-12 Include 45 2012-82-TC-353[TC-7-09]  6-19-12 Include 45 2012-87  7- 3-12 Include 45 2012-97  8- 7-12 Include 45 Supp. No. 46 2012-100  9-18-12 Include 46 2012-108 10- 2-12 Include 46 2012-116 11- 6-12 Include 46 2012-120 11- 6-12 Include 46 2012-122 11-20-12 Include 46 2012-134-TC-354[TC-4-12] 12- 4-12 Include 46 2012-135-TC-355[TC-6-12] 12- 4-12 Include 46 2012-137 12- 4-12 Include 46 Supp. No. 47 2013-148-TC-356[TC-5-12]  2- 5-13 Include 47 2013-154-TC-358[TC-1-13]  2-19-13 Include 47 2013-157  2-19-13 Include 47 2013-161-ZC-685  3- 5-13 Omit 47 2013-171  4-16-13 Include 47 2013-172  4-16-13 Include 47 2013-173  4-16-13 Include 47 2013-174  4-16-13 Include 47 2013-175  4-16-13 Include 47 2013-176  4-16-13 Include 47 2013-179  4-16-13 Include 47 2013-184  5- 7-13 Include 47 2013-185  5- 7-13 Include 47 2013-197  6-18-13 Include 47 2013-208  6-18-13 Include 47 2013-209  7- 2-13 Include 47 2013-210  7- 2-13 Include 47 2013-221  9- 3-13 Include 47 Supp. No. 48 2013-151-TC-357[TC-3-12]  2-18-13 Include 48 2013-239 11- 5-13 Include 48 2014-253  1- 7-14 Include 48 2014-262  1-21-14 Include 48 2014-282  4- 1-14 Include 48 2014-284  4-15-14 Include 48 2014-285  4-15-14 Include 48 2014-289  4-15-14 Include 48 2014-294  5- 6-14 Include 48 2014-295  5- 6-14 Include 48 2014-296  5- 6-14 Include 48 2014-297  5- 6-14 Include 48 2014-298  5- 6-14 Include 48 2014-303  5-20-14 Include 48 2014-319  6- 9-14 Include 48 2014-337  9- 2-14 Include 48 2014-340-TC-360[TC-3-14]  9- 2-14 Include 48 Supp. No. 49 2014-343  9-16-14 Include 49 2014-349 10- 7-14 Include 49 2014-360 10-21-14 Include 49 2014-370 12- 2-14 Include 49 2014-371 12- 2-14 Include 49 2015-386  1- 6-15 Include 49 2015-396  2-16-15 Include 49 2015-397  2-16-15 Include 49 2015-401  3- 3-15 Include 49 2015-414  4- 2-15 Include 49 2015-415  4- 7-15 Omit 49 2015-416  4- 7-15 Include 49 2015-417  4- 7-15 Include 49 2015-418  4- 7-15 Include 49 2015-419  4- 7-15 Include 49 2015-420  4- 7-15 Include 49 2015-423-TC-364[TC-1(A)-14]  4- 7-15 Include 49 2015-424-TC-365[TC-1(B)-14]  4- 7-15 Include 49 2015-435-TC-368[TC-5-15]  5- 5-15 Include 49 2015-439  5-19-15 Include 49 2015-454  6-15-15 Include 49 Supp. No. 50 2015-479  8- 4-15 Include 50 2015-489  9-15-15 Include 50 2015-491 10- 7-15 Include 50 2015-492 10- 7-15 Include 50 2015-502 10-20-15 Include 50 2015-519 11-17-15 Include 50 2015-525 12- 1-15 Include 50 2016-532  1- 5-16 Include 50 2016-552  3- 1-16 Include 50 2016-555  3-15-16 Include 50 2016-561  3-21-16 Omit 50 2016-562  3-21-16 Include 50 2016-563  3-21-16 Include 50 2016-565  3-21-16 Include 50 2016-566  3-21-16 Include 50 2016-567  3-21-16 Include 50 Supp. No. 51 2016-594  6- 7-16 Include 51 2016-595  6- 7-16 Include 51 2016-604  6-20-16 Include 51 2016-606  6-20-16 Include 51 2016-607  6-21-16 Include 51 2016-612  6-21-16 Include 51 2016-613  6-21-16 Include 51 Supp. No. 52 2017-662  1-17-17 Include 52 2017-663  1-17-17 Include 52 2017-665  2- 7-17 Include 52 2017-680  3-15-17 Omit 52 2017-682  3-15-17 Include 52 2017-683  3-15-17 Include 52 2017-684  3-15-17 Include 52 2017-685  3-15-17 Include 52 2017-686  3-15-17 Include 52 2017-687  3-15-17 Include 52 2017-688  3-21-17 Include 52 2017-697  4-18-17 Include 52 Supp. No. 53 2017-725  7- 5-17 Include 53 2017-735  9- 5-17 Include 53 Supp. No. 54 2018-817  4-17-18 Include 54 2018-823  5- 1-18 Include 54 2018-835  6- 5-18 Include 54 2018-841  6-11-18 Include 54 2018-842  6-11-18 Include 54 2018-843  6-11-18 Include 54 2018-844  6-11-18 Include 54 2018-845  6-11-18 Include 54 2018-846  6-11-18 Include 54 2018-850  6-11-18 Include 54 2018-857  6-19-18 Include 54 Supp. No. 55 2018-874  9-18-18 Include 55 2018-881 10- 2-18 Include 55 2018-886-ZC-770 10-16-18 Omit 55 2018-895 11-20-18 Include 55 2019-911  1- 8-19 Include 55 Supp. No. 56 2019-923  3- 5-19 Include 56 2019-938  4-16-19 Include 56 2019-949  6- 4-19 Include 56 2019-959  6-10-19 Omit 56 2019-960  6-10-19 Include 56 2019-961  6-10-19 Include 56 2019-962  6-10-19 Include 56 2019-963  6-10-19 Include 56 2019-964  6-10-19 Include 56 2019-966  6-10-19 Include 56 2019-967  6-10-19 Include 56 2019-968  6-10-19 Include 56 2019-970  6-18-19 Include 56 Supp. No. 57 2019-20 11-19-19 Include 57 2019-24 11-19-19 Include 57 2019-25 11-19-19 Include 57 2019-35 12- 3-19 Include 57 Supp. No. 58 2020-17  3-17-20 Include 58 2020-57  2-18-20 Include 58 2020-64  3- 3-20 Include 58 2020-76  4- 7-20 Include 58 2020-78  4- 7-20 Omit 58 2020-96  7- 1-20 Include 58 2020-101  6-15-20 Include 58 2020-123  8-18-20 Include 58 Supp. No. 59 2020-114  7- 7-20 Include 59 2020-134 10- 6-20 Include 59 2020-166 12- 1-20 Include 59 2020-167 12- 1-20 Include 59 2021-175  1- 5-21 Include 59 2021-189  2- 2-21 Include 59 Supp. No. 60 2021-204  3- 2-21 Include 60 2021-208  3-16-21 Include 60 2021-221  4-20-21 Include 60 2021-258  7- 6-21 Include 60 2021-262  7- 6-21 Include 60 Supp. No. 61 2021-266  8-18-21 Include 61 2021-272  9- 7-21 Include 61 2021-287 10- 5-21 Include 61 2021-305 11-16-21 Include 61 Supp. No. 62 2022-321  1-18-22 Include 62 2022-332  2- 1-22 Include 62 2022-339  2-15-22 Include 62 2022-340  2-15-22 Include 62 2022-346  3-15-22 Include 62 2022-359  4-19-22 Include 62 Supp. No. 63 1985-665 11- 5-85 Include 63 2022-364  5-17-22 Include 63 2022-387  6-13-22 Include 63 2022-395  7- 5-22 Include 63 2022-398  7- 5-22 Include 63 2022-399  7- 5-22 Include 63 2022-401  8-16-22 Include 63 Supp. No. 64 2022-429 10-18-22 Include 64 2022-441 11-15-22 Include 64 2023-474  3- 7-23 Include 64 Supp. No. 65 (2023) 490  4- 4-23 Include 65 (2023) 514  6- 6-23 Include 65 (2023) 524  6-12-23 Include 65 (2023) 525  6-20-23 Include 65 (2023) 532  7- 5-23 Include 65 (2023) 535  7- 5-23 Include 65 DIVISION I

This Act shall be known as and may be cited as "The Charter of the City of Raleigh."

The inhabitants of the City of Raleigh, within the corporate limits as now established or as hereafter established by statute or otherwise as provided by law, shall be and continue, as they have heretofore been, a municipal body politic and corporate, under the name of "The City of Raleigh," and under such name shall have perpetual succession.

The corporate boundaries of the City shall be those existing at the time of the ratification and effective date of this Charter and as the same may be altered from time to time in accordance with applicable laws and illustrated by a map on file in the Raleigh Municipal Building. In lieu of maintaining a written metes and bounds description of the corporate limits of the City, the City Council shall approve a map showing the then current corporate boundaries of the City and the electoral districts therein, from and after which time such map shall constitute the official map of the corporate boundaries and electoral districts of the City, as such map may be officially revised from time to time by appropriate action of the City Council. The Planning Director, in consultation with the Chief Engineer, shall draw the original map for City Council approval and shall revise such map as the City Council authorizes revisions thereto by appropriate action. From time to time, when additional territory shall have been annexed in accordance with law so as to become part of the municipal territory of the City of Raleigh, and from time to time when the electoral districts of the City shall have been revised and re-established in accordance with law, the official map of the corporate boundaries and electoral districts shall be revised accordingly and, as so revised, shall be presented to the City Council for appropriate action. Such revised map, when duly approved by the City Council, shall thereupon become the official map of the City of Raleigh and shall supersede all prior maps of the corporate boundaries and electoral districts of the City. All such prior official maps shall be preserved as public records and kept on file by the City Clerk, and shall be subject to public inspection during regular office hours. The latest official map, properly identified and bearing the certificate of the City Clerk evidencing its approval by the City Council and stating the date of such action by the City Council, shall be kept on file in the office of the City Clerk and shall be subject to public inspection during the regular office hours of the City Clerk's office. Copies of the official map reproduced by any method of reproduction that gives legible and permanent copies, when certified by the City Clerk, shall be admissible in evidence in all courts and shall have the same force and effect as the original map from which the copy is made. (S.L. 1955, Ch. 627, §1; H.B. No. 405, 4-24-59; S.L. 1973, Ch. 319, §1(a))

The form of government for the City of Raleigh shall be known as the "Council-Manager Government" and shall be as set forth in Plan D of Part 4 of Article 22 of Chapter 160 [Article 7, Part 2, Chapter 160A] of the General Statutes of North Carolina, as heretofore adopted by the electorate of the citizens of Raleigh, subject to the modifications set forth in this Act. All powers of the City shall be vested in an elective Council, hereinafter referred to as the "City Council" or as the "Council"; provided, however, that nothing contained in this Act shall be construed to prevent the form of government of the City of Raleigh from being determined from time to time by a vote of the people of the City of Raleigh at an election as now or hereafter provided by law.

The City of Raleigh is hereby vested with all the property and rights of property which now belong to the said municipal corporation, and the City of Raleigh shall have all the powers granted to municipal corporations and to cities by the Constitution and by the General Laws of the State of North Carolina and by this Act, together with all the implied powers necessary to carry into execution all the powers granted. The City may acquire real or personal property within or without its corporate limits for the government welfare, benefit or improvement of the City and its citizens, in fee simple or any lesser interest or estate, by purchase, gift, devise, bequest, lease, condemnation, dedication or otherwise, and may acquire, sell, lease, mortgage, hold, manage and control, such property, real or personal, as its interest may require and as shall be deemed advisable by the governing body of the City of Raleigh and as shall be in conformity with the provisions of this Charter and the General Laws of the State of North Carolina. The City of Raleigh shall have the power to adopt a corporate seal, to contract and be contracted with, to sue and be sued, and plead and be impleaded. Except as prohibited by the Constitution and the General Laws of the State of North Carolina or restricted by this Charter and other statutes applicable to the City of Raleigh, the City shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every kind and nature whatsoever, as may be necessary, proper, or usually appertaining to municipal corporations. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the City of Raleigh shall have and may exercise all powers which, under the Constitution and the laws of the State of North Carolina, it would be competent for this Charter specifically to enumerate. (S.L. 1967, Ch. 26, §1) Cross references: For additional grant of general power, see §2.13; for enumeration of express powers, see §2.14.

Should any property lying within the corporate limits as established by this Act be hereafter platted into blocks and lots, then and in that event the owners of said property shall plat and lay the same off to conform to the streets and lots abutting on same, and shall file with the City Engineer a correct map of same; provided, that in no case shall the City of Raleigh be required to pay for any of said streets, at whatever date opened; but when opened by reason of the platting of said property, at whatever the date platted, they shall become by such act the property of the City of Raleigh for use as public highways, and shall be cared for as such.

All property, real, personal and mixed, of whatsoever character or description, and wheresoever situated, now held, controlled, or used by the City of Raleigh for any purpose, or which may hereafter be held, controlled, or used by said City, or which may have been vested in said City by virtue of any law of the State of North Carolina, and any and all judgments, liens, rights of liens, and causes of action of any and all kinds in favor of the City of Raleigh, shall vest in and remain and inure to the City of Raleigh, its successors and assigns, under this Act.

The government of the City and the general management and control of all of its affairs shall be vested in a City Council, which shall be elected as hereinafter set forth and shall exercise its powers in conformity to the provisions of this Act and the provisions of the General Statutes and laws of the State of North Carolina with reference to the powers, rights and privileges of municipalities wherein no provision has been made in this Act with respect thereto; provided, however, that the City Manager shall have the authority hereinafter specified.

(a) The City Council shall consist of eight (8) members, including the Mayor of the City. (b) The mode of election of the City Council and Mayor shall be as follows: (1) The City Council shall divide the City into five (5) electoral districts and shall cause a map of the districts to be prepared and filed as provided by G.S. 160A-22 and 160A-23; one member of the City Council shall be apportioned to each district so that each member represents the same number of persons as nearly as possible, except for the members apportioned to the City at large; and the qualified voters of each district shall nominate and elect candidates who reside in the district for the seat apportioned to that district. (2) The qualified voters of the City shall nominate and elect two (2) candidates apportioned to the City at large. (3) The Mayor of the City of Raleigh shall be elected by all the qualified voters of the City of Raleigh. (c) The method of election of the City Council of the City of Raleigh shall be the nonpartisan election and runoff election method to be conducted as provided in G.S. 163-293. (d) Each member of the City Council and the Mayor shall be elected for a term of two years and until his successor is elected and qualified. (e) Vacancies in the City Council shall be filled by the Council for the remainder of the unexpired term. (f) Vacancies in the office of Mayor shall be filled by the Council from their own number for the remainder of the unexpired term. (S.L. 1973, Ch. 319, §1(b); as amended by Ord. No. 1978-837, §1, 7-5-78) Amendment note: By Ord. No. 1978-837, adopted July 5, 1978, the City Council amended §2.2 above by providing for the nonpartisan election and runoff method of election, pursuant to Part 4 of Article 5 of Chapter 10A of the General Statutes, G.S. 160A-101 et seq.

All legislative powers of the City shall be vested in the City Council. The City Council shall meet following their election as provided in the general law and shall select such officers as may be provided in this Charter or by general law. At that time, the Mayor, Mayor pro tempore and other members of the City Council shall take and subscribe the oath of office as provided by law. Any such officer not present at this time may take and subscribe the oath at a later time. (S.L. 1949, Ch. 1184, §10; S.L. 1961, Ch. 800, §1; S.L. 1969, Ch. 383, §1; S.L. 1973, Ch. 319, §1(c))

The City Council shall fix a suitable time for its regular meetings. The Mayor, the Mayor pro tempore of the City Council, or any two (2) members thereof, may at any time call special meetings by causing a written notice setting the time, place and purpose of holding such meeting, and signed by the person or persons calling the same, to be delivered in hand to each member of the City Council, or if he cannot be found to be served personally, by leaving a copy thereof at his place of business, if the notice is to be served on any business day during business hours; or if the notice is not to be served on a business day during business hours, then by leaving a copy of said notice at his place of residence. If there is an adult person at the place of residence at the time of service, such notice shall be left in the hands of such person. Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. and Saturday between the hours of 9:00 a.m. and 1:00 p.m., except legal holidays, shall constitute business days and business hours. Such notices shall be served at least six (6) hours before the time of such meeting. No business may be transacted by the City Council at such special meeting except the business set forth in the notice as being the business for which the meeting is called. Meetings of the City Council may also be held at any time when all the members of the Council are present and consent thereto. The City Council shall have the power at any regular, special or adjourned meeting of the Council to adjourn any such meeting to a specific date, hour and place set forth in the motion or resolution for adjournment and without further notice such adjourned meeting may be reconvened and held, and all action taken and matters transacted at such adjourned meeting shall be valid as if taken and transacted at the original meeting. (S.L. 1957, Ch. 970; S.L. 1959, Ch. 260, §1)

(a) Five (5) members of the City Council shall constitute a quorum. (b) The Mayor shall have the right to vote on all questions before the City Council. When there are equal numbers of votes in the affirmative and in the negative and the Mayor has already voted, he shall not have an additional vote. The Mayor shall have no power to veto. (c) The Mayor, who shall be the official head of the City, shall, if present, preside at all meetings of the City Council. In the absence of the Mayor, the Mayor pro tempore shall preside. In the absence of both, a Chairman pro tempore shall be chosen. (d) The City Clerk and Treasurer shall be ex officio Clerk of the City Council and shall keep accurate minutes of its proceedings. In case of his temporary absence or in case of a vacancy in the office, the City Council may elect a temporary Clerk who shall be sworn to the faithful performance of his duties and may act as Clerk of the City Council until a City Clerk is chosen and qualified. The City Council may elect Assistant Clerks, who shall be sworn to the faithful performance of their duties and may act as Clerks of the City Council in the absence of the City Clerk. (e) All final votes of the City Council involving the expenditure of fifty dollars ($50.00) or over shall be by ayes and noes and shall be entered in the minutes. (f) Five affirmative votes, at least, shall be required for the passage of any motion, order, ordinance, resolution, or vote. (S.L. 1973, Ch. 319, §1(d))

The City Council may from time to time establish rules for its proceedings as may be deemed necessary and proper. All legislative sessions of the City Council shall be open to the public, and the City Council shall not by executive session or otherwise vote on any question in private session. A full and accurate journal of the proceedings shall be kept and shall be open to the inspection of any qualified registered voter of the City.

(a) No ordinance shall be passed finally on the date on which it is introduced, unless by two-thirds vote of the members of the Council present. No ordinance making a grant, renewal or extension, whatever its kind or nature, of any franchise shall be passed until voted on at two (2) regular meetings of the City Council, and no such grant, renewal or extension shall be made otherwise than by ordinance. (b) No ordinance or part thereof shall be amended or annulled except by an ordinance adopted in accordance with law. (S.L. 1967, Ch. 714, §1) Editor's note: 1967 Session Laws, Ch. 714, §1, amended §2.7 of the Charter by deleting the words "or special privilege" which formerly appeared in the second sentence of the first paragraph after the words "of any franchise."

All ordinances passed by the City Council shall become effective upon their adoption or at such time after their adoption as the City Council may specify. An ordinance annexing territory to the City of Raleigh may be made effective on a date subsequent to the date of its adoption. (S.L. 1957, Ch. 970, §2; S.L. 1959, Ch. 259, §1; S.L. 1979, Ch. 664, §2) Amendment note: 1959 Session Laws, Ch. 259, §1, amended §15 of Ch. 1184 Session Laws 1949 by adding a proviso at the end of the section relating to the effective date of ordinances repealing other ordinances and of ordinances annexing territory; 1979 Session Laws, Ch. 664, §2, amended §15 of Ch. 1184 Session Laws 1949 by completely rewriting the section.

(a) Notwithstanding the provisions of the foregoing section [2.8], ordinances establishing regulations for the construction of buildings, the installation of plumbing, the installation of electric wiring, or any similar construction code, and any other lengthy ordinances such as a zoning ordinance or a traffic code or a license tax ordinance or code, revised, rewritten and adopted as a code, need not be published in a newspaper as provided by §2.8 of this act, provided that the ordinance adopting any such code or lengthy ordinance shall prescribe that the ordinance or code shall be published in printed or mimeographed form for distribution. (b) In lieu of making publication of any such ordinance or code referred to in this section in a daily newspaper published in the City of Raleigh, there shall be published in at least one (1) daily newspaper of general circulation in the City of Raleigh a notice describing the ordinance or code in brief and general terms and stating that the ordinance or code is available for public inspection at the office of the City Clerk and that such ordinance or code will take effect twenty days after such publication of the notice unless submitted to referendum, in which event it will not take effect unless approved as required by law.

Every ordinance, unless it shall specify another date subsequent to the twenty-day period following publication, shall become effective at the expiration of twenty days after such publication following final passage, as herein provided, or, if the ordinance be submitted at a referendum election, then upon a favorable vote of a majority of those voting thereon except as otherwise expressly provided by this charter or by the general laws of the State.

(a) No franchise initially granted to any public utility regulated by the North Carolina Public Utilities Commission shall be effective until the question has been submitted at a general or special election to the qualified voters of the City and until a majority of those voting on the proposition have voted in favor of granting such franchise. Any renewal of any franchise granted a public utility as hereinbefore defined or the grant of a franchise other than to a public utility company regulated by the North Carolina Public Utilities Commission may be granted in the Council's discretion; provided, however, that any franchise granted without a vote of the people shall be subject to a referendum as provided in §24 of Chapter 1184 of the Session Laws of North Carolina, 1949, as amended except that the number of qualified voters required by §24(b) [2.16(b)] for purposes of this section shall be five per cent (5%) rather than ten per cent (10%); and provided further that any franchise which initially requires a vote to become effective shall not be subject to the referendum provided in §24 of Chapter 1184 of the Session Laws of North Carolina, 1949, as amended. (b) In all elections upon the granting of franchises, whether said election is held pursuant to an initial grant or otherwise, the person, persons or corporation applying for said franchise shall deposit with the City Treasurer a sum which in the opinion of the City Council will be sufficient to defray the expenses of such election; provided that no franchise shall be granted for a longer time than 60 years from the date of the granting of such franchise. (c) Every grant of any franchise or right, as hereinbefore provided, shall make provision, by way of the forfeiture of the grant or otherwise, for the purpose of compelling compliance with the terms of the grant, and to secure efficiency of public service at reasonable rates, and the maintenance of the property in good condition throughout the full term of the grant; and when the grant of any franchise or right is made, the City shall not part with the power to expressly reserve the right and duty at all times to exercise, in the interest of the public, full superintendence, regulation and control, in respect to all matters connected with the police powers of said City; and before any such grant of any such franchise or right shall be made, the proposed specific grant shall be embodied in the form of an ordinance, with all the terms and conditions that may be right and proper, including a provision for fixing a rate, fares and charges to be made if the grant provide for the charging of a rate, fares and charges; provided, that this act shall not modify any rights, privileges and franchises heretofore legally granted by the City to any person, firm or corporation; and provided further, that any and all rights, privileges and franchises that have been heretofore or that may be hereafter granted to or held by any person, firm or corporation in the streets, alleys, sidewalks, public grounds or places in said City shall, except when such imposition by the City is prohibited by any statute now or hereafter in effect, be subject to a tax by said City in such amount as the City Council may think to be just, separate from and in addition to the other assets of such person, firm or corporation, and in addition to a license tax; and the City Council may require the rendition and assessment thereof accordingly. (S.L. 1967, Ch. 915, §1) Annotation: Kornegay v. Raleigh, 269 N.C. 155, 152 S.E.2d 186 (1967). Franchises not authorized by general law must conform to all procedures required by local law. Editor's note: Subsequent to this court decision, this Charter provision was amended by 1967 Session Laws, Ch. 915.

The compensation paid to the members of the City Council and the Mayor for their services may be fixed, from time to time, by the Council as provided in G.S. 160A-64. (S.L. 1957, Ch. 341, §1; S.L. 1973, Ch. 319, §1(f)) Editor's note: Session Laws of 1965, Ch. 12, §1 which reads as follows: "Effective on the first of the month immediately following the ratification of this act [ratified February 26, 1965], the Mayor of the City of Raleigh shall receive an annual expense allowance of eight hundred dollars ($800.00) and the Mayor pro tempore of the City of Raleigh shall receive an annual expense allowance of three hundred dollars ($300.00)." "Effective on the first of the month following the ratification of this Act, the City Councilmen of the City of Raleigh shall receive an annual salary of seven hundred and fifty [dollars] ($750.00), payable in twelve (12) equal monthly installments," was enacted by the 1965 legislature without amending the Charter although §2 of the act repealed "laws and clauses of laws in conflict."

The City Council shall continue under existing laws to have power to make and provide for the execution of such ordinances for the City as the City Council may deem proper not inconsistent with the laws of the land, and the City of Raleigh shall have all the powers granted to municipalities by the general laws of the State of North Carolina as the same may now or hereafter be enacted. Cross reference: For grant of power generally, see §1.5.

In addition to the powers now or hereafter granted to municipalities under the general laws of the State of North Carolina, the City of Raleigh shall have the following expressed powers hereby granted to it: (1)Payment of legal indebtedness. To provide for the payment of any existing legal indebtedness of the City of Raleigh and of any binding legal obligation that may from time to time be made by the City, and to appropriate funds for that purpose. (2)Adopt ordinances, etc., for general welfare. To make and adopt and provide for the execution thereof of such ordinances, resolutions, motions, rules and regulations as the City Council may consider necessary or expedient for maintaining and promoting peace, health, comfort, convenience, good order, better government and general welfare of the inhabitants of the City as are not inconsistent with this act and the constitution and the laws of the State of North Carolina. (3)Adopt ordinances, etc., for proper government; prescribe punishment for violation. To make, adopt, and pass such ordinances, resolutions, motions, rules and regulations consistent with the laws of the land and necessary or expedient for the proper government of the City, with full power and authority to provide for the execution of the same by imposition, as punishment for the violation thereof, of fines and imprisonment and by the imposition of penalties and forfeitures as by law provided. Amendment note: 1973 Session Laws, Ch. 319, §1(h)(1) amended §22 of Ch. 1184 Session Laws 1949 by rewriting subparagraph (3). (4)Regulate operation of trains, buses and other vehicles and driving or riding of animals. To regulate, not inconsistent with the Public Laws of the State of North Carolina, the speed of railroads, locomotives, trains, electric cars, buses, automobiles, bicycles, the driving or riding of horses or mules, and the speed of all other vehicles on the streets of the City, and to regulate their stops at street crossings and intersections; to require railroad companies to keep the streets through or across which they operate their trains, locomotives or cars in repair (at points of crossings only) and to light the streets over or across which their trains, locomotives or cars are operated (at points of crossing only) whenever deemed necessary or expedient by the City Council; to require all railroad companies operating within or through the City of Raleigh to maintain gates or watchmen at street crossings when deemed necessary or expedient by the City Council, unless such railroad company has installed proper and duly approved automatic warning devices at such crossings. (5)Regulate and license vehicles. To regulate the use of automobiles, motor cars, taxicabs, motor buses, motorcycles and any other motor vehicles operated within the corporate limits of the City of Raleigh; to issue permits for the use of such vehicles and to require the same to be numbered and to issue City license plates and to charge therefor an amount not to exceed that permitted under the general laws of the State of North Carolina as the same may now or hereafter exist; to regulate the charges for the transportation of persons, baggage and/or freight for hire, with full power to license or prevent the operation of vehicles for hire not conforming to the regulations and ordinances adopted by the City Council. (6)Regulate railroad track construction, etc. To direct, regulate, control and/or prohibit the laying and construction of railroad tracks, turnouts and switches in the streets, avenues and alleys of the City, and to require that they be constructed and laid so as to interfere as little as possible with the ordinary travel and use of the streets, and to require that they be kept in good repair; and to require that all railroad tracks, turnouts and switches shall be so constructed as not to interfere with the drainage of the City; and to require any railroad company operating within the City of Raleigh to construct and keep in repair, at the railroad company's own expense, such bridges, underpasses, turnouts, culverts, sewers, crossings and other things as the City Council may deem necessary, and as may be reasonable. (7)Tax and license franchises, businesses, trades, etc. To tax and license all franchises, privileges, businesses, trades, service establishments, professions, callings and/or occupations conducted and carried on within the corporate limits of the City of Raleigh, not inconsistent with the general laws of North Carolina; to make, adopt and provide for the execution of such ordinances, rules and regulations as considered expedient and proper by the City Council for the proper exercise of the powers granted in this paragraph; to impose an annual franchise, license or privilege tax on all businesses, trades, service establishments, professions, callings, occupations and enterprises conducted for profit within the corporate limits of the City upon which a franchise, license or privilege tax is not prohibited by statute; power and authority being hereby specifically granted to the City Council to graduate any of the franchise, license or privilege taxes authorized by this charter, by dividing trades, businesses, professions, callings, service establishments, occupations and other enterprises into classes according to size, patronage, income, gross receipts or otherwise and by imposing such taxes accordingly; provided, however, that said taxes shall be uniform for all in a particular class; provided further, that if any person, firm or corporation shall commence to exercise any privilege or to promote any business, trade, profession, calling, service, occupation or other enterprise or to do any act requiring a City license under this act and under any ordinance adopted pursuant to this act or any other statute without such City license, or if any person, firm or corporation shall continue the business, trade, profession, calling, service, occupation or other enterprise or to do any act for which a license is required, after the expiration of a license previously issued, without obtaining a new license, he or it shall be guilty of a misdemeanor and shall be fined and/or imprisoned in the discretion of the court, but the fine shall not be less than twenty per cent (20%) of the franchise, license or privilege tax in addition to the franchise, license or privilege tax and the court costs, and if such failure, neglect or refusal to apply for and obtain such City franchise or license be continued, such person, firm or corporation shall pay an additional tax of two and one-half per centum (21 /2 %) of the amount of such City franchise, license or privilege tax which was due and payable, in addition to the City franchise, license or privilege tax imposed by an ordinance adopted pursuant to this act or pursuant to any other statute, for each and every thirty days that such City franchise, license or privilege tax remains unpaid from the date that same was due and payable, and such additional tax shall be assessed by the tax collector of the City of Raleigh and paid with the City franchise, license or privilege tax and shall become a part thereof; provided further the additional tax shall be limited to fifty per cent (50%) of the tax originally levied, but in no event less than ten dollars ($10.00). The license year shall begin on the first day of June of each and every year. Amendment note: 1963 Session Laws, Ch. 87, amended §22 of Ch. 1184 Session Laws 1949 by rewriting subparagraph (7). 1969 Session Laws, Ch. 383, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding a proviso to the next to the last sentence. (8)Assess, levy and collect taxes. To assess, levy and collect such taxes as are authorized by law. (9)Appropriate moneys. To appropriate the moneys and funds of the City for all lawful purposes. (10)Regulate utilities. To regulate and supervise, by ordinance, the operation of all public utilities or quasi-public utilities which operate or do business within the City of Raleigh to the end that all citizens of Raleigh shall receive from said public utilities or quasi-public utilities equal treatment, and also to the end that said citizens shall have good service, just and reasonable rates from any and all such utilities, and to grant or refuse franchises or privileges to such utilities; provided, however, that such ordinances regulating and supervising such utilities shall not be in contravention of the public laws of the State of North Carolina applicable to such utilities as same are now or may hereafter be enacted; and provided, further, that nothing in this section shall supersede or conflict with the powers and duties of the North Carolina Utilities Commission, under any statute now or hereafter in effect, to regulate such utilities, and their service and rates, within or without the City of Raleigh. (11)Terminate franchises. To declare forfeited and to terminate franchises granted to persons, firms or corporations for street railway, electric, light, telephone, telegraph, gas, power or other public utility or quasi-public utility, purposes, whenever the conditions upon which any such franchise or franchises were granted have been broken, or whenever, for any other reason, such franchise or franchises have been lost, surrendered or forfeited. (12)Regulate use of streets by vehicles for hire. To make all suitable and proper regulations in regard to the use of the streets of the City for street cars, buses or other vehicles for hire and to regulate the speed and operation of street cars, buses and other vehicles for hire so as to prevent injury or inconvenience to the public, and from time to time prescribe reasonable fares for the transportation of intracity passengers. (13)Construct, purchase, etc., public utilities. To construct, purchase, lease or otherwise acquire and to own, conduct and operate public utilities. (14)Construct and maintain streets, sidewalks, alleys, etc. To establish, construct and keep in repair streets, sidewalks, alleys, curbs, bridges, culverts, drains and conduits in the City; to regulate the construction and use of the same; and to provide for the punishment of any person, firm or corporation obstructing the same encroaching thereon. (15)Open and close streets, etc. To open new streets, change, widen, extend, and/or close any street that is now open or is dedicated and proposed to be opened or may hereafter be opened, and adopt such ordinances for the regulation and use of the streets, squares and parks, and other public property belonging to the City as the City Council may deem best for the public welfare of the citizens of the City; and to purchase any land that may be necessary for the closing of any such street or alley. (16)Prohibit vagrancy and begging. To prohibit vagrancy and street begging; impose punishment or penalties on such persons who habitually refuse to follow some usual trade or profession without adequate means of support, whether male or female, above the age of eighteen years. (17)Provide for Sunday observance. To provide by ordinance for the proper observance of Sunday and for maintenance of order in the vicinity of churches and schools within the City and to provide for the preservation of peace, order and tranquility in the City. Annotation: Kresge Co. v. Tomlinson; Arlan's Dept. Store v. Tomlinson, 275 N.C. 1, 165 S.E.2d 236 (1968); Mobile Home Sales v. Tomlinson, 276 N.C. 661, 174 S.E.2d 542 (1970). Sunday blue laws are constitutional. (18)Establish and regulate parks. To acquire, lay out, establish, and regulate parks within or without the corporate limits of the City for the use of the inhabitants of the same. (19)Condemn land for public buildings. To condemn any land that may be required for the purpose of erecting any building or buildings, for City hall, civic center, market houses, fire companies, and for any other public buildings, whether like those enumerated above or not; provided, that the procedure in such condemnation proceedings shall be the same as is herein provided for the condemnation of lands for streets. Amendment note: Session Laws 1973, Ch. 850, amended §2.14(19) of this Charter by including the civic center under the City's condemnation authority. (20)Erect, etc., public buildings. To erect, repair, and alter any and all public buildings. (21)Accept money or property. To accept any money or property for the purpose of any public or corporate use. (22)Regulate and prohibit running at large of animals and fowls. To regulate, restrain, and prohibit the running or going at large of horses, mules, cattle, sheep, swine, goats, chickens, and all other animals and fowls of whatsoever description, and to authorize the distraining and impounding and sale of the same for the cost of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold, and to impose penalties on the owners or keepers thereof for the violation of any ordinance or regulation of the City Council, and to prevent, regulate, and control the driving of cattle, horses and all other animals into or through the streets of the City. (23)Regulate plumbers and plumbing. To regulate and control plumbers and plumbing work and to enforce efficiency in the same. (24)Regulate and prohibit storage of explosives and other dangerous materials. To regulate, control and prohibit the keeping and management of houses or any building for the storage of gunpowder and other combustible, explosive, or dangerous materials within the City, and to regulate the keeping and conveying of the same, and to authorize and regulate the laying of pipes and the location and construction of houses, tanks, reservoirs, and pumping stations for the storage of oil and gas. (25)License, etc., use and sale of dynamite and fireworks. To license, tax, regulate, control, restrict, and prohibit the use and explosion of dynamite, firecrackers, or other explosive; or fireworks of any and every kind, whether included in the above enumeration or not, and the sale of same; and all noises, amusements, or other practices or performances tending to annoy persons or frighten persons or teams; and the collection of persons on the streets or sidewalks or other public places in the City, whether for purposes of amusement, business, curiosity or otherwise. (26)Regulate butchers and market places. To make such rules and regulations as to butchers as they [it] may deem necessary and proper, to establish and erect market houses, and designate, control and regulate market places and privileges. (27)Prohibit abuse of animals. To prohibit and punish the abuse of animals. (28)Establish, etc., cemeteries and regulate burials. To establish and maintain cemeteries, and to regulate the burial of the dead. (29)Prohibit prize fighting, etc. To prohibit prize fighting, cock fighting and dog fighting. (30)License, etc., theaters and exhibitions. To license, tax, regulate, restrict, and prohibit theaters, carnivals, circuses, shows, parades, exhibitions of showmen and shows of any kind, and the exhibition of natural or artificial curiosities, caravans, manageries [menageries], musical and hypnotic exhibitions and performances. (31)Create and administer special fund for relief of firemen and policemen. To create and administer a special fund for the relief of indigent and helpless members of the Police and Fire Departments who have become superannuated, disabled or injured in such service, and receive donations and bequests in aid of such fund, and provide for its permanence and increase, and to prescribe and regulate the conditions under which, and the extent to which, the same shall be used for the purpose of such relief. Amendment note: 1959 Session Laws, Ch. 813, amended §2.14(31) of this Charter, by adding the second paragraph as hereinabove set out. Also to insure any or all employees of the City of Raleigh against death by accident in an amount not to exceed ten thousand dollars ($10,000) and to pay all or such part of the premiums on said insurance, as the City Council shall determine, out of current funds of the City. Such insurance, if taken, shall be in addition to any benefits accruing by virtue of the Workmen's Compensation Act or under the provisions of G.S. 160-200(25). Editor's note: G.S. 160-200(25) repealed by Session Laws 1971, Ch. 698, §2, effective January 1, 1972. (32)Condemnation of property. When acquiring right-of-way for the construction or improvement of streets, the City may also locate and acquire such additional rights-of-way as may be necessary for the present or future relocation or initial location, above or below ground, of telephone, telegraph, electric and other lines, as well as gas, water, sewerage, oil and other pipelines to be operated by public utilities defined and regulated under Chapter 62 of the General Statutes. In acquiring real property by eminent domain the City may use the procedures of either Chapter 40A or Chapter 136 of the General Statutes. Amendment note: 1991 Session Laws, Ch. 312, §1, amended subparagraph 32 of §22 of Ch. 1184 Session Laws 1949 by rewriting the subparagraph. Annotation: City vs. Hatcher, 18 S. E. 2d 207, 1942, City's power to condemn land for street purposes is not abridged by assistance agreement with state. (33)Prevent nuisances. To define nuisances and prevent and abate the same, whether on public or private property. (34)Provide for lighting streets, buildings, etc. To provide for the lighting of the streets, public grounds and public buildings and for furnishing lights to the citizens of said City by contract or otherwise, and to erect, own and operate plants, machinery, fixtures, appliances of every nature whatever necessary for the carrying out of said purposes. (35)Regulate animal slaughtering business. To regulate, license or prohibit the business of slaughtering animals in the City limits; to revoke such licenses for malconduct in business, to provide for the regulation and maintenance of a standard of the quality of meats sold in the City and to impose penalties for the violation thereof, and to provide for the inspection of all slaughtering houses, inside or outside the corporate limits, whose products are sold within the corporate limits and to charge a reasonable inspection fee for such services; to own, lease or operate abattoirs or slaughterhouses. (36)Regulation of pedestrian and vehicular traffic; parking meters. To provide for the regulation, diversion and limitation of pedestrians and vehicular traffic upon public streets, highways, sidewalks and public grounds of the City and to regulate and limit vehicular parking on streets, highways and public grounds within the corporate limits; provided, however, that in the regulation and limitation of vehicular traffic and parking within the corporate limits the City Council may, in its discretion, enact ordinances providing for a system of parking meters designed to promote traffic regulation and requiring a reasonable deposit (not in excess of five cents ($0.05) per hour) from those who park vehicles for stipulated periods of time in certain areas in which the congestion of vehicular traffic is such that the public convenience and safety demand such restrictions, as determined by the City Council in its discretion; and provided, further, that the proceeds derived from the use of such parking meters shall be used exclusively for the purpose of making such regulations effective and for the expenses incurred by the City in the regulation and limitation of vehicular parking, and traffic related to such parking, on the streets and highways of the City. (37)Regulate parking of vehicles. To limit, control, prohibit or otherwise regulate the parking of automobiles, trucks and other vehicles upon and along the streets, alleys, and other public places within the corporate limits. The City of Raleigh shall have the authority to classify each additional hour that a vehicle remains parked beyond the legal time limit for the parking area where said vehicle is parked as a separate and distinct offense. No ordinance adopted to implement the preceding sentence of this subdivision shall be effective unless a public hearing is held on such ordinance and the ordinance adopted no earlier than 30 days after the public hearing. Amendment note: 1979 Session Laws, Ch. 277, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding the second and third sentences to subparagraph (37). (38)Operate municipal parking lots. To own, establish, regulate, operate and control municipal parking lots for parking of motor vehicles within the corporate limits of the City, and, in the discretion of the City Council, to make and collect charges for the use of such parking lots. (39)Regulate smoke emission. To make, adopt and enforce ordinances for the regulation of the emission of smoke within the City including in any such ordinance appropriate regulations as may be deemed proper and expedient by the City Council for the purpose of reducing air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases, or other substances, the emission of which may be found by the City Council to be detrimental to the health and welfare of the residents of the City; to adopt as a standard to determine the density of smoke the "Ringlemann Chart" as published by the United States Bureau of Mines; and to provide that any violation of any such ordinance shall constitute a misdemeanor and be punishable as such. (40)Appropriation for advertising the City of Raleigh. To appropriate annually, in the discretion of the City Council, surplus public funds derived from sources other than taxation for the purpose of advertising the City of Raleigh by calling attention to its natural advantages, its resources, its enterprises, and its adaptability for industrial sites, with the object of increasing its trade and commerce and encouraging people to settle in the community. In expending the funds appropriated, the City Council may secure the advice and assistance of advertising agencies or others, with or without compensation, so that the best results may be had. The City Council of the City of Raleigh may also, by agreement with Wake County, appropriate surplus public funds not derived from taxation for the purpose of advertising the City of Raleigh and Wake County. Amendment note: 1961 Session Laws, Ch. 220, amended §2.14(40) of Ch. 1184, to read as set out above. Prior to amendment this subsection authorized an appropriation not exceeding $2,500.00 to any association in the City organized for the purpose of advertising or promoting the City. Annotation: Dennis v. Raleigh, 253 N.C. 400, 116 S.E.2d 923 (1960). The expenditure of funds by a municipality for the purpose of advertising to promote the economic growth of the City is for a public purpose. Editor's note: Subsequent to this court decision, the North Carolina Constitution was repealed, rewritten, and reenacted; portions of the Dennis decision are no longer applicable. (41)Fix location of hospitals. To fix the location of hospitals in which contagious, infectious or other communicable diseases are to be treated. (42)Regulate dangerous businesses. To regulate and prohibit the carrying on of any business or activity which may be dangerous or detrimental to the health, safety and general welfare of the inhabitants of the City. (43)Establishment, etc. of Fire Department and facilities. To establish and own stations and other property for a Fire Department and to provide everything necessary for the regulation and maintenance of such department, including training facilities and all other equipment deemed necessary. (44)Establish fire limits, regulate building therein. To establish fire limits, and prohibit the erection, building, placing, repairing or maintaining of wooden buildings within said limits; to prohibit the removal of any wooden building from one place to another within said limits and to require all buildings within said limits to be constructed with fireproof material; also to declare all dilapidated wooden buildings deemed dangerous on account of fire, [to be] nuisances, and require the same to be removed. (45)Provide building regulations and installation of utility poles. To provide for an inspection of the construction of all buildings in said City, and to prescribe and enforce proper regulations in regard thereto; to regulate the erection and location of all poles, whether telegraph, telephone, electric light or otherwise, in the City; to require in the discretion of the City Council, that all wires, pipes and conduits be placed underground, where the public necessity and safety require, and to regulate the same. (46)Building inspection, abatement of unsafe conditions. To enter in and upon all buildings within the City, through proper officials to inspect and discover whether the same are dangerous to either life or health on account of defects or their dilapidated condition and to cause all defects or unsafe conditions to be repaired or remedied, and all filth or trash in or around the same to be removed, or to condemn as unsafe and dangerous to life any such dilapidated or defective building, and if the owner of any such building which has been so condemned as unsafe and dangerous, after having been notified by the City building inspector in writing of the unsafe and dangerous character of said building, shall permit the same to stand or continue in that condition, he shall forfeit and pay a fine to be fixed by ordinance of not less than ten dollars ($10) or more than fifty dollars ($50) for each day said condition continues after such notice, and if the owner or owners of said building cannot be located or found, then the City of Raleigh, through appropriate officials, is authorized to enter upon said premises and remedy such unsafe and dangerous condition or demolish said building, if necessary, and to charge reasonable costs for making any such repair or of demolishing against the owner or owners of said premises and the same shall be and remain a lien against the said premises until such reasonable costs are paid in full, and the lien herein provided may be collected or foreclosed as now provided by law for the collection of unpaid taxes, and the City of Raleigh shall not be liable in any manner for carrying out the terms and provisions of this section. The City may require the owners of all rental residential dwelling units that are not required to have smoke detectors under the North Carolina State Building Code to have smoke detectors installed in the units within one hundred eighty (180) days after the passage of an ordinance requiring their installation. Amendment note: 1991 Session Laws, Ch. 312, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding a second subparagraph to subparagraph (46). (47)Prevent dangerous boiler, furnaces, etc., construction. To prevent dangerous construction and condition of chimneys, fireplaces, hearths, stoves and stovepipes, boilers, furnaces and other heating apparatus, and cause the same to be made safe or removed. (48)Regulate public assembly exits. To regulate the size, number and manner of construction of doors and stairways of theatres, tenement houses, audience rooms, public halls and all buildings used for the gathering of the public, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fires or other casualties, and to require that such exits shall be appropriately marked. (49)Establish incinerators and crematories. To establish one or more incinerators and crematories and to provide for the removal of all filth, carcasses of dead animals, and other unhealthful substances by cremation, or otherwise, and to require the owners and occupants of all premises to keep them in a cleanly condition. (50)Require drains, etc. To require the owners of private drains, sinks and privies, to fill up, cleanse, drain, repair, fix, and improve the same, as they may be ordered by ordinance, and impose penalties upon persons failing to do the same; provided, that if there be no person in the City upon whom such order be served, the City may have such work done, and costs of the same shall be a lien on the premises and shall be collected in the same manner as taxes are collected, and to cause all drains, toilets, sinks and all other water or sewerage facilities to be connected with the City systems. (51)Require cleanliness of lots and premises. To require the owner or owners of vacant or improved premises to keep same free from trash, obnoxious weeds or undue growth, and in the event such owner or owners shall, after due notice given by the City, fail to remedy such existing condition, then the City shall cause the same to be remedied and charge the reasonable cost thereof to such owner or owners, and such reasonable cost shall constitute a lien upon such premises and be collected in the same manner as taxes upon real estate. (52)Purchase of insurance for City. To purchase any and all forms and kinds of insurance deemed necessary or expedient by the City Council for the protection of the interests and liabilities of the City, and to accept surety bonds in proper form and amount as required or authorized by law, and to pay the lawful premiums thereon; and such insurance policies and contracts and such bonds may be furnished and executed by either stock or mutual companies duly authorized to do an insurance or surety business in the State of North Carolina, determined from time to time by the City Council. (53)Regulate keeping, etc., of inflammable materials and explosives. To regulate the keeping, storing and transporting of highly inflammable liquids or materials and explosives so that the life, limb or property of its inhabitants may not be endangered. (54)Prohibit shows in dangerous conditions. To require any shows or expositions to keep the buildings or grounds upon which they are showing in such a condition so that the same shall not constitute a fire or health menace and to prevent the showing of obscene or licentious performances, and to prevent any undue sounds or noises connected therewith, and to prescribe penalties for the violation of any ordinances exercising the powers herein given. (55)Own, etc., hospitals, auditoriums and other facilities. To own, operate or maintain hospitals, auditoriums, armories, markets, airports and such other facilities for the benefit and welfare of its citizens. (56)Operate public toilets. To operate and maintain public toilets within said City for the use and convenience of the public. (57)Require drainage facilities. To require that all property owners provide adequate drainage facilities to the end that their premises and adjoining lands be free from standing water and permit the natural flow of water thereon to be taken care of, and to provide that in case of failure on the part of such owner or owners to so provide the same, to go upon their premises and construct the necessary facilities and to charge the reasonable cost thereof against the premises so improved, such reasonable cost to constitute a lien upon such premises and be collected as in the case of taxes. (58)Regulate utility installations. To require in all instances where it is reasonable and practical for such persons, firms or corporations to do so, that all persons, firms or corporations having franchises or permits to use the sidewalks, alleys or streets of the City of Raleigh for the maintenance and laying of pipes, poles, wires or conduits, or for other purposes, which necessitate excavation in said sidewalks, alleys or streets, shall lay or place the same, or shall do such work as may be authorized under such franchise or permit, before the beginning of any improvement by said City of such sidewalks, alleys or streets, and to prohibit the laying or construction of same, after such improvements have been completed, unless such person, firm or corporation shall agree, either to restore, at its expense, that portion of said improvement, disturbed by such laying or construction, to the condition in which it existed at the time such laying or construction was commenced, or to bear the cost of such restoration; and to require such persons, firms or corporations owning or using any such pipes, mains or conduits whatsoever, or underground electric or other wires or conduits or other facilities in or under such sidewalks, alleys, or streets so being paved, improved or about to be paved or improved, to make forthwith, insofar as it is reasonable and practical for such persons, firms or corporations to do so, all lateral connections in said sidewalks, alleys or streets at least to the edges thereof; and to require such persons, firms or corporations to complete the laying and placing of such mains, pipes, wires or other conduits, facilities and to complete the making of such lateral connections, in or under such streets, sidewalks, or alleys by a designated date so that the progress of paving or the improving of such streets, sidewalks or alleys will not be delayed or interfered with by the work of such persons, firms or corporations; and to compel compliance with such requirements by such persons, firms or corporations. (59)License and regulate poolrooms, billiard rooms and dance halls. To license, prohibit and regulate poolrooms, billiard rooms and dance halls, and in the interest of public morals provide for the revocation of such licenses. (60)Regulate electricians and electrical work. To regulate and control electricians and electrical work and to enforce efficiency in the same by examination of such electricians and inspection of such electrical work. (61)Sell, lease, etc., real and personal property. To sell, lease, hold, manage and control real property and personal property of all kinds and to make all rules and regulations by ordinance or resolution which may be required or deemed expedient by the City Council to carry out fully the provisions of any conveyance, deed, will or other legal instrument in relation to any gift or bequest or the provisions of any lease by which the City may acquire property; provided, that in lieu of foreclosure of any lien on real estate for delinquent taxes and/or special assessments for improvements, the City shall have the right and power to accept a conveyance by deed or quitclaim deed from the property owners in consideration of the outstanding taxes and/or assessments and interest and penalties then due to the City on the particular property, together with any court costs accrued in connection with any foreclosure proceeding previously commenced, and to accept such conveyance subject to taxes, penalties, interest and costs due and payable to Wake County on any such real estate; and the City shall have the right and power to procure and accept a quitclaim deed from the former owners of real estate purchased by the City from any commissioner or commissioners in proceedings for the foreclosure of liens for taxes and/or assessments. (62)Regulate fences, billboards, etc. To regulate the erection of fences, billboards, signs and other structures and provide for the removal or repair of insecure billboards, signs and other structures. (63)Regulate driveways. To limit, restrict, regulate, control and, except as hereinafter provided, to prohibit the establishment, construction, maintenance and repair of all driveways sought to be opened and/or already opened leading from any private property into any street or highway in the City or its extraterritorial jurisdiction; provided, that in the exercise of this power, the City Council shall permit, under reasonable rules and regulations established by ordinance, at least one (1) driveway permitting ingress and egress into and from at least one (1) adjacent street, but the City Council shall have power to limit the number and width of such driveways and to prescribe reasonable regulations relating to the opening, closing, construction, maintenance and repair of all driveways leading across adjacent sidewalks and the right-of-way of adjacent streets; and the City Council shall have power to close driveways from property into the public streets according to reasonable rules and regulations prescribed by ordinance where there is more than one (1) driveway leading from any property into one (1) or more adjacent public streets and to require a reduction in the width of any existing driveway at the points where the driveway enters and crosses the sidewalk and street right-of-way; and the City Council may require written permit to be procured from the City and a reasonable charge to be paid therefor before any driveway may be opened into any street. Amendment note: 1985 Session Laws, Ch. 498, §1, amended subparagraph (63) of §22 of Ch. 1184 Session Laws 1949 by adding "or its extraterritorial jurisdiction" in the first sentence. (64)Control, etc., streets and sidewalks. To control, grade, macadamize, cleanse, pave and repair the streets and sidewalks of the City and make such improvements thereon as the City Council may deem best for the public good; and to regulate and control digging in said streets and sidewalks or placing therein of pipes, poles, wires, fixtures and appliances of every kind, whether on, above or below the surface thereof; and regulate and control the use thereof by persons, animals and vehicles; to prevent, abate and remove obstructions, encroachments, pollution or litter thereon. (65)Operate, contract for, etc., waterworks and sewerage systems. To acquire, provide, construct, establish, maintain and operate a system of waterworks and a system of sewerage for the City and the citizens thereof, and to protect, control, and regulate the same by such adequate rules and regulations as may be deemed appropriate and expedient by the City Council; and to extend the systems of waterworks and/or sewerage beyond the corporate limits; and to enter into written contracts with persons, firms, and corporations, when authorized by the City Council by ordinance or otherwise, permitting any such person, firm or corporation to connect private water and/or sewer lines with the water and/or sewer systems of the City upon such terms and conditions as prescribed by the City Council by ordinance or otherwise; and the City Council shall have the power to prescribe rates of charges for and as a condition to making any lateral connection with any sewer mains lying outside the corporate limits of the City connecting with or emptying into the mains of the City sewerage system, and to prescribe rates of charges for water and/or sewer service, and to prescribe inspection fees for inspecting connections in addition to the other charges; and the City Council is authorized to fix a different schedule of rates of charges for connections, for sewer and/or water service, and for inspections to be charged consumers outside the corporate limits which may be higher than the charges applicable to residents of the City. Before any person, firm or corporation shall connect in any manner any privately owned water or sewer line or lines or system with any water or sewer line or lines of the City of Raleigh, such person, firm or corporation shall, by proper written instrument, in consideration of making such connection and the benefits to be derived therefrom, dedicate, give, grant and convey such water or sewer line or lines or system to the City of Raleigh; no such connection shall be made with the City water or sewer line or lines without the express approval of the City, nor shall such connection be effected except by the forces or employees of the City, properly supervised, for which a charge may be made; and should any person, firm or corporation connect any privately owned water or sewer line or lines or system with any City water or sewer line or lines without first dedicating, giving, granting and conveying same to the City the act of connecting such water or sewer line or lines to the water or sewer line or lines of the City shall be deemed a dedication, gift, grant and conveyance of such water or sewer line or lines to the City of Raleigh; provided, however, that the privately owned water or sewer line or lines or systems referred to in this sentence shall mean and include only main distribution lines laid in streets, roads, highways, and alleys or across private property, and shall not include lateral lines leading from mains to building connections, and shall not include the water or sewer lines within any residence or other privately owned building. (66)Rewards. To offer and pay rewards in an amount not exceeding five hundred dollars ($500.00) for information leading to the arrest and conviction of any person or persons who: (a) willfully takes, defaces, damages or destroys property, either personal or real; or (b) willfully injures or takes the life of any person in the City of Raleigh; or (c) commits any felony on the City of Raleigh. The Council shall fix the terms, conditions and amounts of such rewards and shall be the sole judge as to those persons entitled to receive any rewards offered. Such rewards shall be paid only by order of the Council out of nontax revenues. In cases involving minors, the term "conviction" as used in section (66) shall include any punishment administered by a Juvenile or District Court. Amendment note: 1967 Session Laws, Ch. 71, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (66). (67)Terms of commissions, committees and boards. To fix the terms of members of all commissions, committees and boards of the City regardless of the terms established by General Statute or special act or this charter for the particular commissions, committees, or boards and the Council shall by ordinance establish uniform overlapping terms for all members of all commissions, committees and boards of the City. Nothing herein shall permit the City to abolish or alter the basic structure of the Civil Service Commission. Amendment note: 1971 Session Laws, Ch. 1209, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (67). (68)Contracts with municipal corporations, body politic and governmental agencies. To make such contracts as the Council may desire with municipal corporations, body politic and other governmental agencies including agencies and departments of the United States government concerning services which the City of Raleigh is authorized to furnish, or for services which the contracting party is authorized to furnish. All municipal corporations, bodies politic and governmental agencies are hereby authorized to enter into such contracts with the City of Raleigh. Amendment note: 1971 Session Laws, Ch. 1209, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (68). (69)Combat drug abuse. To provide, through the creation or designation of an administrative department or City committee, commission, or board, for the prevention and treatment of narcotic, barbituric and other types of drug abuse and addiction and to appropriate funds to provide education, medication, medical care, hospitalization and outpatient housing in connection therewith, alone or jointly with Wake County. Amendment note: 1973 Session Laws, Ch. 319, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (69). (70)Engage in socio-economic programs. a. Subject to the conditions hereinafter set forth, the City of Raleigh, through its governing body, shall have the power to undertake, endorse, administer, operate and maintain, and to expand Federal tax revenues returned to the City under the designation of general or special revenue sharing funds, or any other title, and consistently with the terms under which such funds are returned, and all other public funds with the exception set forth in subparagraph (e) below, for "socio-economic public improvement programs" and "crime prevention programs," including but not being limited to those initiated pursuant to the provisions of the Federal Economic Opportunity Act (42 U.S.C. Subsection 2701 et seq.) for the purpose of serving the public interest and well-being of the community and its citizens. b. The City Council may appoint or create such agencies, committees or boards as it may deem necessary in carrying out such programs and may authorize their employment of personnel. In undertaking and engaging in such programs, the City Council may enter into contracts with and accept grants from appropriate branches of the State and Federal governments and from public or private corporations, foundations and individuals, and is authorized to make grants to, or to contract with, appropriate public or private nonprofit agencies or combinations thereof, to pay part of or all of the costs of programs conducted by such agencies which assist in fulfilling the purposes of this section. Amendment note: 1973 Session Laws, Ch. 319, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (70). c. For the purposes of this section, a "social, economic public self-improvement program" shall be defined as one devoted to and designed toward improving and promoting the general well-being of certain classes of citizens, without regard to race, religion, sex or national origin, in their human and economic relationship with society and which provides services, assistance, and other activities of sufficient scope and size to give promise of progress toward elimination of poverty or a cause or causes of poverty through developing employment opportunities, improving human performance, motivation and productivity, or bettering the conditions under which people live, learn and work; including but not limited to programs: 1. To promote development of community facilities and services; 2. To promote consumer education; 3. To assist all participants to secure and retain meaningful employment; 4. To assist all participants to attain an adequate education; 5. To assist participants in making better use of available income; 6. To provide and maintain adequate housing and a suitable living environment; 7. To promote family planning, consistent with personal and family goals, religious and moral convictions; 8. To provide assistance to citizens through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance; 9. To remove obstacles and solve personal and family problems which block the achievement of self-sufficiency; 10. Designed to assist participants to achieve greater participation to the affairs of the community; 11. Designed to assist participants in making more frequent and effective use of other programs related to the purposes of this article. For the purposes of this section, a "crime prevention program" shall mean any type of citizen participation program primarily designed as a deterrent to crime and for the purpose of reducing the level and the magnitude of crime in the City; any such program shall be coordinated with the general efforts of the law enforcement agency of the City of Raleigh to minimize the occurrences of crime in the community. Cross reference: Enabling law to engage in low and moderate income housing programs, 1987 Session Laws Ch. 653. d. The powers expressed herein are not intended to, nor shall they encroach in any manner upon the powers, duties and responsibilities of Wake County in any health, social, educational or welfare programs being administered by said County. Amendment note: 1975 Session Laws, Ch. 561, amended §22 of 1949 Session Laws, Ch. 1184, by substituting a new subparagraph (70). e. Property tax revenues may be expended for "social-economic public improvement programs" and "crime prevention programs" as defined in this section if approved by a majority of the qualified voters as required by Article V, §2 of the North Carolina Constitution. (71)[Schedules of exemptions.] To establish schedules of exemptions from special assessments for lots at the intersection of streets or other lots which would be assessed for a duplicating service when a project is or has been undertaken along or across two sides of such lots. The schedules of exemptions may be based on categories of land use (residential, commercial, industrial or agricultural) and shall be uniform for each category. The schedule of exemptions may not provide exemption of more than seventy-five (75) per cent of the frontage of any lot abutting on the project, or one hundred fifty (150) feet, whichever is greater. (72)Equal housing. To adopt ordinances designed to insure that housing opportunities in the City of Raleigh shall be equally available to all persons without regard to race, color, religion, sex, national origin, age or handicap. Such ordinances may regulate or prohibit any act, practice, activity or procedure related directly or indirectly to the sale or rental of public or private housing which affects or may tend to affect the availability or desirability of housing on an equal basis to all persons. Such ordinances may provide that violations constitute a criminal offense; may subject the offender to civil penalties; may provide that the City may enforce the ordinances by application to the General Court of Justice for appropriate equitable remedies, including mandatory and prohibitory injunctions and orders of abatement. Amendment note: 1989 Session Laws, Ch. 816, §1, amended subparagraph (72) of §22 of Ch. 1184 Session Laws 1949 by adding reference to age or handicap in the first sentence. (73)Reserved. Amendment note: In its amendment of this section, 1975 Session Laws, Ch. 561, failed to include a subparagraph (73). (74)Establishment of transit authority. a. To establish, by ordinance, a Raleigh Transit Authority (hereinafter referred to the "authority"), a body corporate and politic, which shall consist of no less than five (5) nor more than eleven (11) members, to exercise and to have all or any combination of powers and duties, as determined by the Raleigh City Council, conferred by this act or by General Statutes upon municipal corporations relating to acquisition, establishment, operation, maintenance, control and financing of transit systems. The City Council of the City of Raleigh is hereby authorized to exercise all powers and duties conferred by this act or by General Statutes relating to acquisition, establishment, operation, maintenance, control and financing of transit systems. b. Members of the Raleigh Transit Authority shall reside within the area comprised of the corporate limits and the extraterritorial zoning jurisdiction of the City of Raleigh, as such area now exists or as it may change in accordance with law. The Chairman and membership of the authority shall be appointed by the City Council of the City of Raleigh for such terms as the City Council may determine. The membership of the authority shall elect a Vice-Chairman and whatever other officers it deems appropriate from its membership. A majority of the membership of the authority shall constitute a quorum for the transaction of business and an affirmative vote of the majority of the members present at a meeting shall be required to constitute action of the authority. Members of the authority shall receive such compensation, if any, as may be fixed by the City Council of the City of Raleigh. c. The purpose of the authority shall be to provide for a safe, adequate and convenient public transportation system for the City of Raleigh and its environs. d. The general powers of the authority shall be: 1. To sue and be sued; 2. To have a seal; 3. To purchase, acquire, hold, own, control and lease real and personal property, and to surrender to the City of Raleigh by appropriate instrument any property no longer required by the authority; 4. To make or enter into contracts, agreements, leases, conveyances or other instruments, including grants, contracts and agreements with the State of North Carolina and the United States; 5. With the approval of the City Manager, to use officers, employees, agents and facilities of the City of Raleigh on such basis as may be agreed upon; 6. To contract with private management companies for operation of a transit system; 7. To establish rates, fares and schedules for operation of a transit system; 8. To do all things necessary or convenient to carry out its purpose and for the exercise of the powers granted herein, consistent with the ordinance or ordinances adopted by the Raleigh City Council for its establishment and operation, and consistent with this act. e. The authority shall be fiscally accountable to the City of Raleigh and the City Council, and the City finance direct [director] shall have authority to examine all records and accounts of the authority at any time. f. The establishment and operation of an authority as herein authorized as a governmental function and a public purpose and the City of Raleigh is hereby authorized to appropriate funds to support the establishment and operation of the authority. The City of Raleigh may also dedicate, sell, convey, donate or lease any of its interest in any property to the authority. g. The City Council of the City of Raleigh shall have authority to terminate the existence of the authority at any time. In the event of such termination, all property and assets of the authority shall automatically become the property of the City of Raleigh and the City of Raleigh shall succeed to all rights, obligations and liabilities of the authority. Provided, insofar as the provisions of this section are not consistent of any other section or law, public or private, the provisions of this [sub] section shall be controlling. (75)[Credit of accumulated leave.] To credit a new employee with accumulated sick leave and vacation leave earned with another municipality of this State, North Carolina state government, or the Federal government (including military service), provided such new employee's last prior employment was with such named governmental entity. (76)[Bicycle regulations.] To develop and adopt regulations concerning the use of bicycles within the City limits and the establishment of bikeways (thoroughfares suitable for bicycles) on City streets which may exist within the right-of-way of other modes of transportation, such as highways, or along separate and independent corridors. Such regulations may include the establishment of traffic regulations for bicycles traveling on designated bikeways different than those established for other types of vehicular traffic, including the establishment of two-way bicycle traffic lanes on existing roadways. The City of Raleigh shall not establish bikeways or adopt traffic regulations concerning bicycle traffic on streets or highways under the authority and control of the board of transportation without first obtaining approval of any such proposals from said board. (77)Community development programs and activities. (a) The City of Raleigh, through its governing body, is authorized to engage in, to accept Federal and State grants and loans for, and to appropriate and expend funds for community development programs and activities. In undertaking community development programs and activities, in addition to other authority granted by law, the City of Raleigh may engage in the following activities: (1) Programs for the assistance and financing of rehabilitation of private buildings, including direct repair, the making of grants or loans, the subsidization of interest payments on loans, and the guaranty of loans, for: (a) the principal benefit of low- and moderate-income persons, or (b) the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher income, or (c) the restoration and preservation of properties or neighborhoods of special value for historic, architectural or aesthetic reasons, or of special value to efforts to conserve, rehabilitate and enhance older segments of the community. (2) Programs concerned with employment, economic development, crime prevention, child care, health, drug abuse, education, and welfare needs of persons of low and moderate income. (b) The City Council of the City of Raleigh may exercise directly those powers granted by law to municipal redevelopment commissions and those powers granted by law to municipal housing authorities. The City Council may delegate to any redevelopment commission or to any housing authority the responsibility of undertaking or carrying out any specified community development activities. The City Council and the Board of County Commissioners of Wake County may by agreement undertake or carry out for each other any specified community development activities. The City Council may contract with any person, association, or corporation in undertaking any specified community development activities. The County or City Board of Health, Wake County Board of Social Services, or the Board of Education of any unit within Wake County may by agreement undertake or carry out for the City Council any specified community development activities. (c) The City Council of the City of Raleigh in undertaking community development programs or activities may create one (1) or more advisory committees to advise it and to make recommendations concerning such programs or activities. (d) The City Council of the City of Raleigh in proposing to undertake any loan guaranty or similar program for rehabilitation of private buildings is authorized to submit to its voters the question whether such program shall be undertaken, such referendum to be conducted pursuant to the general and local laws applicable to special elections in the City of Raleigh. (e) No property taxes shall be appropriated or expended by the City of Raleigh pursuant to this section for any purpose not expressly authorized by G.S. 160A-209, unless the same is first submitted to a vote of the people as therein provided. Amendment note: 1975 Session Laws, Ch. 537, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (77). Cross reference: Enabling law to engage in community development programs, 1987 Session Laws, Ch. 653. (78)[Reservation of sites.] To adopt ordinances providing for the reservation of sites for public buildings or rights-of-way for public facilities and utilities including but not limited to fire stations, police stations, streets, water systems and sanitary sewer systems. The City Council after recommendation by the Planning Commission shall determine the location and size of any such reservations and shall cause those locations to appear on the City's Comprehensive Land Use Plan. If the City enacts ordinances pursuant to this authority those ordinances shall provide, in part, that any subdivision submitted for approval which includes any such reservation or any request for a building permit not involving subdivision approval which includes such a reservation, the administrative official charged with receiving such request shall give notice of the request to the City Council at its next regularly scheduled meeting. The Council shall decide at that meeting whether it still wishes to require the reservation. If the Council does wish the reservation, it shall have a period of seven (7) months in which to acquire the reserved area by purchase or by eminent domain. If the Council has not purchased the reservation interest or begun condemnation proceedings within the seven-month period, the subdivider or building permit applicant may treat the land as freed of the reservation. Amendment note: 1983 Session Laws, Ch. 272, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (78). (79)[Street construction.] To construct streets outside the corporate limits but within its extraterritorial jurisdiction. Such a street may be built only after a finding by the City Council that the street is essential to the operation of an orderly transportation system for the City and the surrounding urbanized area. Upon annexation of any area in which such streets are located, the City is authorized to make special assessments against the property benefited by the improvements which were installed prior to the annexation. The City is also authorized to reimburse for overwidth streets those who build streets outside the City limits but within the extraterritorial jurisdiction for the City through the subdivision process or any other development process. In order to effect this reimbursement the City is authorized to establish reimbursement zones and to determine reimbursement rates for each zone. Amendment note: 1983 Session Laws, Ch. 272, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (79). (80)Site plans. The City Council may as part of its zoning regulations require that a site plan be prepared, submitted, and approved prior to the issuance of a building permit for new construction, excluding renovation and repair of existing structures, and excluding accessory uses and their structures, unless such renovations and repairs and accessory uses shall cause an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code. Such local law shall specify the elements to be included in site plans submitted for approval in accordance with standards of the zoning code; such elements may include, where appropriate, those relating to off-street parking, driveway access, internal circulation, screening, signs, landscaping, architectural features, locations and dimensions of buildings, topography and grading, utilities, drainage structures, street and sidewalk improvements, loading and service areas, fire hydrants, and such other elements as may reasonably be related to the health, safety and general welfare of the community. Where appropriate, approval of site plans may be conditioned to include requirements that street and utility and drainage rights-of-way, open space and recreation areas be dedicated or reserved for the public, or street, drainage, recreation, and utility improvements be made to the same extent as required by the local subdivision regulations. This provision shall not apply to additions of less than five (5) per cent of gross floor area on an annual basis unless such addition causes an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code. The City Council shall prescribe procedures for review and approval of such site plans to insure that development of property shall conform to applicable zoning or other relevant laws or regulations, with approvals by designated City staff, or the City Council. Appeals shall lie from the staff to the City Council. The City Council may require that site plans be in conformity with previously approved subdivision plans for the same property; further, in the event of conflict between a requirement for site plan approval and requirements for previously approved subdivision plans, the latter shall control. Amendment note: 1985 Session Laws, Ch. 498, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (80). 1987 Session Laws, Ch. 514, §2, amended subparagraph (80) by adding reference to drainage and open space and recreation areas in the third sentence. (81)Road or drainage projects fee. (a)Definitions. The following words in this subdivision are defined for this subdivision as follows, unless the contrary clearly appears from the context: (1)Capital costs. "Capital costs" shall mean costs spent for developing new road or public storm drainage projects or road or public storm drainage improvements; such costs may include land acquisition, design, and construction, and no other. (2)Road or drainage project. "Road or drainage project" shall mean road or public storm drainage improvements provided or established by the City or in conjunction with other units of government which are required in addition to those required by the subdivision regulations. (3)Developer. "Developer" shall mean an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction. (4)Road or drainage project fee. "Road or drainage project fee" shall mean the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein. (5)New construction. "New construction" shall mean any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory-built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded road or drainage projects upon completion of the new construction. (b)[Regulatory fee.] Subject to the conditions hereinafter set forth, the City of Raleigh, following the adoption of an ordinance or ordinances, shall have the right, power, and authority to impose and collect a regulatory fee defined herein as a road or drainage project fee on all new construction within its City limits and extraterritorial jurisdiction. (c)Requirements and limitations. (1) No road or drainage project fee shall be enacted until the City Council has caused to be prepared a report containing: (i) a description of the anticipated capital costs to the City of each additional or expanded road or drainage project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded road and drainage projects, such as population, trip generation, stormwater runoff, and flow characteristics; (iii) a plan for providing one or more road or drainage projects has been prepared. (2) Before adopting or amending any road or drainage project fee ordinance authorized by this section, the City Council shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. 160A-364, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the Planning Commission recommendation to the City Council. If the Planning Commission shall fail to return a recommendation within sixty (60) days of submittal of an ordinance, the ordinance shall be returned to the City Council and deemed to have a favorable recommendation as submitted to the Planning Commission. (3) The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the City as a result of new construction and shall bear a reasonable relationship to such capital costs. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of road and drainage projects in such zones. To the extent that the developer installs and dedicates road or drainage projects for which the use of the fee is designated, which immediately become the property of the City or another unit of government, and which are not otherwise reimbursed by the City, the fee shall be reduced by an amount equal to the value of the improvements or dedications. (4) All monies from fees collected hereunder shall be placed in a separate trust fund. Expenditures from such trust fund shall be matched by an equal sum of money approved from non-fee sources and shall be spent for road or drainage projects located in the same zone in which the fees were collected. No expenditures from such trust fund shall be made for any purpose other than a road or drainage project undertaken by the City, or by the City in conjunction with other units of government. Facility fees shall be spent for those community service facilities authorized by this Section [subparagraph] (81) which the City provides within six (6) years after its collection and within ten (10) years for those community service facilities authorized by this Section [subparagraph] (81) which the City provides in conjunction with other units of government. Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (81). 1987 Session Laws, Ch. 514, §3, amended subparagraph (c)(4) by completely revising the second sentence. (82)Open space projects fee. (a)Definitions. The following words in this subdivision are defined for this subdivision, as follows, unless the contrary clearly appears from the context: (1)Capital costs. "Capital costs" shall mean costs spent for the purchase only of land for open space but not for development thereof. (2)Open space project. "Open space project" shall mean either the acquisition of land for parks, greenways or open spaces or the construction of recreation facilities. (3)Developer. "Developer" shall mean an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction. (4)Open space projects fee. "Open space projects fee" shall mean the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein. (5)New construction. "New construction" shall mean any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory-built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovation and repairs, which do not generate the need for additional or expanded open space projects upon completion of the new construction. (b)[Regulatory fee.] Subject to the conditions hereinafter set forth, the City of Raleigh, following the adoption of an ordinance or ordinances, shall have the right, power, and authority to impose and collect a regulatory fee defined herein as an open space project fee on all new construction within its City limits and extraterritorial jurisdiction. (c)Requirements and limitations. (1) No open space project fee shall be enacted until the City Council has caused to be prepared a report containing: (i) a description of the anticipated capital costs to the City of each additional or expanded open space project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded open space projects; (iii) a plan for providing one or more open space projects has been prepared. (2) Before adopting or amending any open space project fee ordinance authorized by this subdivision, the City Council shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. 160A-364, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the Planning Commission's recommendation to the City Council. If the Planning Commission shall fail to return a recommendation within sixty (60) days of submittal of an ordinance, the ordinance shall be returned to the City Council and deemed to have a favorable recommendation as submitted to the Planning Commission. (3) The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the City as a result of new construction and shall bear a reasonable relationship to such capital costs. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of open space projects in such zones. To the extent that the developer acquires and dedicates open space for open space projects for which the use of the fee is designated, which immediately becomes the property of the City, or another unit of government, and which are not otherwise reimbursed by the City, the fee shall be reduced by an amount equal to the value of the open space dedications. (4) All monies from fees collected hereunder shall be placed in a separate trust fund. Expenditures from such trust fund shall be matched by an equal sum of money appropriated from non-fee sources and shall be spent for open space projects located in the same zone in which the fees were collected. No expenditures from such trust fund shall be made for any purpose other than an open space project undertaken by the City, or by the City in conjunction with other units of government. Open space project fees shall be spent for those community service facilities authorized by this Section [subparagraph] (82) which the City provides within six years after its collection and within 10 years for those community service facilities authorized by this Section [subparagraph] (82) which the City provides in conjunction with other units of government. Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (82). 1987 Session Laws, Ch. 514, §4, amended subparagraph (a)(2) by rewriting the first sentence; and §5 rewrote the first sentence of subparagraph (c)(4). (83)[Passage of necessary legislation.] The City is authorized to enact ordinances, resolutions, rules and regulations that are reasonable, necessary or expedient to carry subdivisions (80), (81) and (82) into execution and effect. Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (83). (84)[Supplementary nature of (80)(82).] The powers conferred in subdivisions (80), (81) and (82) shall be supplementary in addition to all other powers and procedures authorized by any other general or local law. Assessments, charges, fees, or rates authorized by any other general or local law shall not be affected by the provisions of this section. Nothing contained in subdivisions (80), (81) and (82) shall be construed to prevent the use of facility fee proceeds to retire debt which was used to fund facility fee eligible project. Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (84). 1987 Session Laws, Ch. 514, §1, amended subparagraph (84) by adding the third sentence. (85)Cooperation with Federal agencies. The City may enter into contracts or agreements with any agency or department of the United States Government in order to execute any undertaking. Such contracts or agreements may involve activities carried out to benefit a foreign government but the contract or agreement shall be with an agency or department of the United States Government and shall substantially comply with the requirements for interlocal agreements set out in G.S. 160A-464. Amendment note: 1991 Session Laws, Ch. 843, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (85). §2 of the act declared the provisions applicable only to contracts or agreements entered into prior to Dec. 1, 1993. (86)[Development funds.] The City Council may, as part of its land development ordinances, provide that in lieu of required street right-of-way improvements, a developer may be required to provide funds that the City may use for the construction of right-of-way improvements to serve the occupants, residents, or invitees of the subdivision or development and these funds may be used for improvements which serve more than one subdivision or development within the area. All funds received by the City pursuant to this paragraph shall be used only for development of right-of-way improvements, including design, land acquisition, and construction. However, the City may undertake these activities in conjunction with the Department of Transportation under an agreement between the City and the North Carolina Department of Transportation. The ordinance may require a combination of partial payment of funds and partial dedication of constructed improvements when the governing body of the City determines that a combination is in the best interest of the citizens of the area to be served. (S.L. 1949, Ch. 1184, §22; S.L. 1959, Ch. 813, §1; S.L. 1961, Ch. 220, §1; S.L. 1963, Ch. 87, §1; S.L. 1963, Ch. 714, §1; S.L. 1967, Ch. 71, §§1, 2; S.L. 1969, Ch. 383, §2; S.L. 1971, Ch. 1209, §1(a), (b); S.L. 1973, Ch. 319, §§1(g), (h)(1), (2); S.L. 1973, Ch. 850, §1; S.L. 1975, Ch. 537, §1; S.L. 1975, Ch. 561, §§38; S.L. 1979, Ch. 277, §1; S.L. 1981, Ch. 992, §1; S.L. 1981, Ch. 1166, §1; S.L. 1983, Ch. 159, §1; S.L. 1983, Ch. 272, §1; S.L. 1985, Ch. 35, §1; S.L. 1985, Ch. 498, §§1, 2; S.L. 1987, Ch. 365, §1; S.L. 1987, Ch. 514, §§16; S.L. 1989, Ch. 816, §1; S.L. 1991, Ch. 312, §§1, 2; S.L. 1991, Ch. 843, §§1, 2) Amendment note: 1987 Session Laws, Ch. 514, §6, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (86).

All ordinances, rules, and regulations of the City of Raleigh now in force, or that may hereafter be adopted by the City Council in the exercise of the police powers given to it for sanitary and health purposes, or for the protection of the property of the City, unless otherwise provided by the City Council, shall, in addition to applying to the territory within the City limits, apply with equal force to the territory outside of said City limits, within one mile in all directions of same, and to the right-of-way of all sewer, water, and electric light lines of the City, without the corporate limits, and to the rights-of-way, without the City limits, or any street railway company, or extension thereof, operating under a franchise granted by the City, and upon all property and rights-of-way of the City outside the said corporate limits and the above mentioned territorial limits, wheresoever the same may be located.

(a)Power of Initiative. The electors shall have power to propose any ordinance, except an ordinance appropriating moneys or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the Council by a petition signed by qualified electors of the City equal in number to at least ten per centum of the registered voters at the last regular municipal election. (b)Power of Referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the Council, or submitted by the Council to a vote of the electors, except an ordinance appropriating money or authorizing the levy of taxes, such power being known as the referendum. Ordinances submitted to the Council by initiative petition and passed by the Council without change shall be subject to the referendum in the same manner as other ordinances. Within twenty days after the enactment and publication by the Council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the City equal in number to at least ten per centum of the registered voters at the last preceding regular municipal election may be filed with the City Clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. (c)Form of Petitions; Committee of Petitioners. All petition papers circulated for the purpose of an initiative or referendum shall be substantially uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. (d)Filing, Examination, Amendment and Certification of Petitions. All petition papers shall be assembled and filed with the City Clerk as one instrument. Within five (5) business days after a petition is filed, the City Clerk shall examine the petition papers to determine whether each paper conforms to the requirements set forth in paragraph (c) herein and whether the number of signatures on valid petition papers is prima facie equal at least to the minimum number required. In making his examination, the City Clerk shall declare any petition paper entirely invalid which lacks any one of the following items; viz: The text of the proposed ordinance or the identification of the ordinance upon which a referendum is asked, the names of the committee members responsible for the petition, or the affidavit of the circulator. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded and the City Clerk shall clearly indicate the cutoff point. If a petition paper is found to be signed by fewer persons than the number certified, the Clerk shall indicate the actual number of signatures. If the number of signatures on the valid petition papers shall be less than the number necessary, the City Clerk shall issue a certificate addressed to the committee of the petitioners setting forth the particulars in which the petition is defective. The committee shall be allowed ten business days to amend their petition by filing additional petition papers, but in no case shall any invalid petition paper be returned to the committee for perfection. In the event an amendment is filed, the City Clerk shall determine within five business days whether the petition as amended is now sufficient. If he find it still to be insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. Provided, however, that the finding of the insufficiency of an initiative petition shall not prejudice the filing of a new petition for the same purpose. If the City Clerk find the petition to be prima facie sufficient, he shall deliver the same to the Wake County Board of Elections for a checking of the names of the signers against the registration books. The board of elections shall complete its check within fifteen business days; provided, however, that the said board shall not be obligated to conduct a check in any thirty-day period immediately preceding, or in any ten-day period immediately following, a County-wide or City-wide election. In making its check of names, the said board shall be bound by the finding of the City Clerk as to validity of any particular petition paper and shall follow the rules set out above concerning petitions found to have different numbers of signers than those stated in the affidavits. Upon the completion of its check, the board of elections, through its Chairman or other duly authorized official, shall certify the outcome to the City Clerk. This certificate shall state (1) the total number of registered voters at the time of the most recent regular election of the members of the City Council, [(2)] the number of voters registered in the City of Raleigh whose names appear on the petition papers that the board found it necessary to examine, and [(3)] whether or not this number is sufficient for the submission of the proposed issue or issues to popular vote. If it was found unnecessary to check all names on the petition papers, this fact shall be indicated in the certificate. The petition papers shall be returned to the City Clerk by the County Board of Elections together with its certificate. (e)Certification of Sufficient Petition; Effect on a Referendum Petition of Certification. Upon receiving the certificate of the Wake County Board of Elections, the City Clerk shall prepare a final certificate indicating the result of the board's examination and shall submit this certificate to the next regular meeting of the City Council. Whenever a referendum petition, or amended petition, has been certified as sufficient by the City Clerk, the ordinance specified in the petition shall not go into effect until and unless approved by the electors, as hereinafter provided. (f)Consideration by the City Council. Whenever the City Council shall receive an initiative or referendum petition certified to be sufficient by the City Clerk as provided in paragraph (e) hereof, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The Council shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the Council by the City Clerk. A referred ordinance shall be reconsidered by the Council and its final vote upon such reconsideration shall be taken not later than the second regular meeting of the Council following the certification and shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?". (g)Submission of Ordinance to Electors. If the Council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the Council fail to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less than thirty days nor more than one year from the date the Council takes its final vote thereon. The Council may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election. Provided that, in case the Council shall pass an ordinance proposed by initiative petition in a form different from that set forth in the petition, the initiative form of the ordinance shall be submitted to the electors of the City only if, within twenty business days after the passage and publication of the ordinance in different form by the City Council, an additional petition signed by qualified electors of the City equal in number to at least five per centum of the registered voters at the time of the last regular municipal election is submitted to the City Council. The same rules that governed the filing, examination, amendment and certification of the original petition shall apply to the additional petition. (h)Form of Ballot for Initiated and Referred Ordinances. Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title, which shall be prepared in all cases by the principal legal adviser of the City. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance, if a paper ballot, shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Immediately at the left of each proposition there shall be a square in which by making a cross (X) the elector may vote for or against the ordinance. Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall be presented in such manner as to permit the elector to vote for or against the ordinance. (i)Result of Election. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the City. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (j)Publication, Amendment, and Repeal of Initiative or Referendum Ordinances. Initiative and referendum ordinances adopted or approved by the electors shall be published and shall take effect as do other ordinances. Such initiative or referendum ordinances may be repealed only by vote of the electors of the City. The City Council may request the Wake County Board of Elections to submit a proposition for the repeal of any such ordinances, or for amendments thereto, to be voted upon at any succeeding general City election; and should any such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall thereby be repealed or amended accordingly. (k)Restrictions on Use of Initiative Process. The initiative process shall not be used to reverse the result of a referendum until one (1) year shall have passed since the referendum vote or the effective date of the referred ordinance, whichever shall be the more recent. Nor shall the same question be submitted to the voters twice in the same twelve-month period. (l)Use of Initiative Process To Repeal an Existing Ordinance. In the event the initiative process is used for the purpose of the repeal of an existing ordinance, the petition shall set out the ordinance the repeal of which is sought, and a vote shall be had only on the question of the repeal of such ordinance. If such process is used for the purpose of the repeal of a part of an existing ordinance, the vote shall be had only on the question of the repeal of that part of the ordinance set out in the petition. (S.L. 1957, Ch. 970, §1)

The City Council shall appoint a City Manager, who shall be the administrative head of the City government, and shall be responsible for the administration of all departments. He shall be appointed with regard to merit only, and he need not be a resident of the City when appointed. He shall hold office during the pleasure of the City Council, and shall receive such compensation as the City Council shall fix by ordinance.

The City Manager shall (1) be the administrative head of the City government; (2) see that within the City laws of the State and the ordinances, resolutions, and regulations of the Council are faithfully executed; (3) attend all meetings of the Council, and recommend for adoption such measures as he shall deem expedient; (4) make reports to the Council from time to time upon the affairs of the City, keep the Council fully advised of the City's financial condition and its future financial needs; (5) appoint and remove all heads of departments, superintendents, and other employees of the City, except as herein otherwise provided.

Except as to such officers and members of commissions, boards, and committees which the City Council is authorized by this act to appoint, all City officers and employees as the Council shall determine are necessary for the proper administration of the City shall be appointed by the City Manager, and any such officer or employee (subject to the foregoing exceptions) may be removed by him; but the City Manager shall report to the Council the appointment or removal of any of the heads of departments of the City of Raleigh following such appointment or removal. (S.L. 1957, Ch. 121, §1)

The officers and employees of the City subject to appointment by the City Manager shall perform such duties as may be required of them by the City Manager, under general regulation of the City Council.

The City Council shall appoint and employ and may discharge and remove the City Clerk, the City Treasurer, the City Clerk and Treasurer (when duties of City Clerk and City Treasurer are combined and conferred and imposed upon one (1) officer), the City Attorney, and the auditor of such public accountant as may be deemed proper for the auditing of the accounts of the City; and the City Council shall likewise fill vacancies on or make appointments to such boards, commissions, or committees as the governing body of the City of Raleigh is authorized or permitted by law or ordinance to fill or appoint; provided, that the officers named in this section, when appointed by the City Council and qualified, shall hold office and serve at the pleasure of the City Council. (S.L. 1973, Ch. 319, §1(i))

Neither the City Council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.

Every officer, agent, employee and assistant of the City government (except the Mayor and members of the City Council whose salaries are otherwise provided for), shall receive such salary or compensation as the City Council shall by budget appropriation or other appropriate action provide, payable in equal semi-monthly installments, unless the City Council shall order payments to be made at other intervals.

(a) Every official, employee or agent of the City who handles or has custody of more than one hundred dollars ($100) of the funds of the City at any time shall, before assuming his duties as such, and thereafter annually on or before the first day of the fiscal year of the City, be required to furnish the City a good and sufficient bond in an amount determined by the City Council to be sufficient to protect the City, payable to the City of Raleigh and conditioned upon the faithful performance of his duties and a true accounting for all funds of the City which may come into his hands, custody or control during the particular fiscal year, which bond shall be approved by the City Council and deposited with the City Clerk; provided, however, that such bond of any employee or employees may, in the discretion of the City Council and authorized by resolution, be conditioned only upon a true accounting for funds of the City. The City shall pay the premiums for such bonds. The bond required by this section may be a bond executed by the particular official, employee, or agent, as principal, and by the surety or sureties required and approved by the City Council, or the bond may be a schedule bond executed by a surety company, insurance company or other company authorized to execute such bonds and authorized to do a surety business in the State of North Carolina, without the necessity of the signature of the particular officials, employees or agents constituting the principals of such bond, which bonds shall list the names of the officials, employees and agents covered as principals by the bond and their respective positions with the City of Raleigh, or the said bond may be a schedule position bond or blanket position bond which lists the particular positions of employment and offices whose incumbents are covered by said bond; and when any authorized company shall execute, as surety, any such schedule bond, listing, by name or position, the officials, employees and agents of the City covered by the bond, it shall be conclusively presumed that the bond was executed and furnished by the particular officials, employees and agents of the City, respectively specified therein, by name or position, and each such official, employee and agent required to furnish bond and each surety executing any such bond is hereby charged with notice of this section of this act, which shall be a part of the obligation of every such bond. (b) The City Council shall not accept any continuing bond or renewal bond but shall require a new bond for the period of each fiscal year of the City, and such bond shall be and shall be known as "Official Bond of Public Officials," and the six-year statute of limitations shall apply as to actions for recovery under any such bond.

(a) No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the use of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly or through, or jointly with any other person. Any member of the City Council, official, or employee of the City of Raleigh, who shall violate any provision of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided by statute in such cases. If the City Council shall find that any official or employee has violated any provision of this section, such official or employee may be forthwith discharged by the City Council or by the City Manager from the service of the City of Raleigh. (b) Notwithstanding the provisions of subsection (a), nothing herein shall be construed as preventing any official or employee covered by this section from purchasing a plot or plots from the City in a City-owned cemetery, nor shall any such official or employee be prohibited from participating in any rental or home ownership program sponsored or operated by the City, so long as the official or employee meets all the criteria for the program and so long as the income of the recipient does not exceed sixty-five (65) per cent of the median area income based on household size. Participants in such a program must commit to occupying the unit acquired or rented as their personal dwelling and must commit to reside there at least three years unless prevented from doing so by extraordinary circumstances such as divorce, transfer of job, or death. The award of any such housing assistance to an employee shall be noted in the minutes of the City Council. (S.L. 1991, Ch. 312, §1) Amendment note: 1991 Session Laws, Ch. 312, §3, amended §33 of Ch. 1184 Session Laws 1949 by designating the existing text subsection (a) and adding subsection (b). Cross reference: Police officer purchase of revolver, 1981 Session Laws, Ch. 255.

(a) All nominations, primary elections, general elections and special elections in the City shall be held, conducted, supervised and governed by and pursuant to the provisions of Chapter 163, Elections and Election Laws, and Subchapter IX thereof, Municipal Elections, of the General Statutes of North Carolina, with the exception of G.S. 163-303, relating to the nonapplicability of campaign expense regulation in nonpartisan elections and except as otherwise provided by this act. (b) All nominations and elections in the City shall be subject to the provisions of Chapter 163, Elections and Election Laws, and Subchapter VIII thereof, Criminal Offenses, including, but not being limited to, the sections of the General Statutes numbered G.S. 163-259 through G.S. 163-278. (S.L. 1973, Ch. 319, §1(k); S.L. 1975, Ch. 561, §1; S.L. 1979, Ch. 664, §1) Amendment note: 1979 Session Laws, Ch. 664, §1, amended §1 of Ch. 561 Session Laws 1975 which was included in subsection (a), deleting the requirement that candidates for City office file campaign reports with the Clerk of Superior Court.

The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: (1) A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number of at least twenty-five (25) per centum of the entire number of voters casting votes at the last preceding general municipal election, demanding an election of a successor of the person sought to be removed, shall be filed with the Clerk, which petition shall contain a general statement of the grounds on which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One (1) of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true as he believes, and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. Within ten days from the date of filing such petition, the City Clerk shall examine and from the voters' register ascertain whether or not said petition is signed by the requisite number of qualified electors, and he shall attach to said petition his certificate showing the results of such examination. (2) If, by the Clerk's certificate, the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The Clerk shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same; without prejudice, however, to the filing of a new petition to the same effect. (3) If the petition shall be found to be sufficient, the Wake County Board of Elections shall order and fix a date for holding a primary, as provided for in cases preceding regular municipal elections, the said primary to be held not more than sixty days from the date of the Clerk's certificate to the Wake County Board of Elections that a sufficient petition is filed. If in the primary election any candidate receives a majority of all the votes cast, he shall be declared to be elected to fill out the remainder of the term of the officer who is sought to be recalled. If there be more than two candidates in such primary, and no one receives a majority of all the votes cast therein, then there shall be an election held within twenty days from the date of the primary, at which election the two candidates receiving the highest vote in the primary shall be voted for. Candidates named shall be placed on the ticket in the primary and election held and the results canvassed, under the same rules, conditions, and regulations as are prescribed for the primaries preceding a regular municipal election in the City of Raleigh. (4) The Wake County Board of Elections shall make, or cause to be made, publication for ten days of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the results thereof declared in all respects as other City elections in the City of Raleigh. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing, his name shall be placed on the official ballot without nomination. At such election, if some other person than the incumbent is elected, the incumbent shall thereupon be deemed removed from the office upon qualification of his successor. (5) In case the person elected should fail to qualify within ten days after receiving notification of election, the office shall be filled by election by the City Council, but the officer or councilor removed shall not be eligible to election by the City Council, and the person so elected by the City Council shall be subject to recall as other officers and councilors. If the incumbent received a majority of votes in the primary or the election, he shall continue in office. The said method of removal shall be cumulative and additional to any other method provided by law. The expense of calling and conducting any such election shall be paid by the City of Raleigh. (S.L. 1953, Ch. 347, Art. 2; S.L. 1973, Ch. 319, §1(1))

(a) In the case of removal of residence of any elective officer from the territorial limits of the City, such removal shall, ipso facto, create a vacancy in his office. (b) In the case of removal of residence of any officer elected to represent a specific electoral district from the electoral district for the representation of which he was elected, such removal shall, ipso facto, create a vacancy in his office. (S.L. 1953, Ch. 347, Art. 2; S.L. 1973, Ch. 319, §1(m))

(a) All vacancies in elective offices shall be permanent and shall occur upon the death, removal or residence, other disqualification (such as that associated with a violation of the law), or disability of the elective office holder. For this purpose, a person shall be deemed to be disabled if, as a result of the certification of a physician, or as a result of an independent investigation by the City Council, it determines that a member is too infirm, either physically or mentally, to discharge his duties adequately and consistently. A member shall also be deemed to be disabled when he fails to attend six (6) consecutive regular meetings of the City Council. (b) A person appointed to fill a vacancy on the City Council, due to disqualification or disability, shall be clothed with all the authority and powers given under the laws of North Carolina to such office; but the officer so chosen, shall be subject to recall as any other officer. (S.L. 1973, Ch. 319, §1(n))

The Mayor shall preside at all meetings of the City Council and shall be recognized as the Chief representative of the City; he shall keep himself informed concerning the financial and other affairs of the City government and he shall, from time to time, present to the City Council information about the affairs of the City and recommend for consideration such measures as he deems best for the City; he shall, from time to time, by issuing statements and reports and by making addresses by radio and otherwise, report to the citizens of the City of Raleigh concerning the condition of the City affairs; the Mayor shall be and serve as a member of all boards, commissions and committees as required by any statute or as required by action of the City Council; the Mayor shall sign all contracts on behalf of the City unless otherwise provided by law or by ordinance or resolution of the City Council; and the Mayor shall do such other things and perform such other duties as shall be required of him by statute or by action of the City Council. The Mayor shall have authority to administer oaths. In the absence or incapacity of the Mayor, all of his duties, powers and obligations shall be vested in the Mayor pro tempore.

At the first meeting of the City Council after their election, or as soon thereafter as practicable, the City Council shall appoint the following officers, who shall each serve at the pleasure of the City Council and at a compensation to be fixed by the Council, and who may be required to furnish bond in such amount and with such surety as ordered by the City Council, in accordance with the provisions of this act relating to the bonds of public officials, and whose duties shall be as prescribed by this act and by the general laws of North Carolina, a City Clerk and a City Treasurer, or in lieu thereof, a City Clerk and Treasurer, and a City Attorney.

The City Clerk shall act as Clerk of the City Council and it shall be his or her duty to attend each meeting of the City Council and to keep the minutes and records of all the proceedings of the Council in well-bound books provided for that purpose, and to preserve all books, papers and writings of all kinds submitted to his or her care during his or her continuance in office, and deliver them to his or her successor; the City Clerk shall be custodian of all written claims and demands made upon the City arising out of tort actions, the City Clerk shall be the custodian of all signed petitions with reference to public improvements, condemnation proceedings and all contracts made and entered into by the City and of all notices and affidavits of publishers with reference to publication of ordinances, budgets, or other legal advertisements required to be made by the City; the City Clerk shall be the custodian of the official corporate seal of the City of Raleigh and shall attest and affix said official seal to all documents or instruments of the City required to be so attested and sealed; he or she shall be custodian of all bonds required by ordinance, contract or by law to be executed and deposited with the City; he or she shall be the custodian of all deeds or conveyances of all types made to the City, and it shall be his or [her] duty to file with the Register of Deeds of Wake County for the purpose of being recorded in the Registry of Wake County; and the City Clerk shall account and pay over all moneys which may come into his or her hands by virtue of his or her office; and the City Clerk shall perform such other duties as may be required by law or by the City Council. (S.L. 1975, Ch. 561, §2)

The duties and obligations of the City Treasurer shall be as follows: (1) The City Treasurer shall be the custodian of all funds of the City of Raleigh and shall cause to be kept a proper record showing the source from which said funds are derived and shall disburse the same in accordance with due authority given by the City Council, or otherwise by law. (2) He shall see and require that all departments of the City of Raleigh which receive funds for said City make or cause to be made daily deposits of same to credit of the City of Raleigh in a depository approved and designated by the City Council, and he shall require that duplicate deposit slips be presented to him by the official or officials having responsibility for making such deposits upon the same day upon which the deposit is made. (3) He shall sign all checks issued for disbursement of funds of the City of Raleigh which are by this charter or otherwise required to be deposited to the credit of said City and require that due authority be given for the execution of such checks and only after the same have been duly audited. (4) He shall execute all notes, bonds or other evidences of indebtedness for the City of Raleigh where the same are required by private or public law to be executed by the City Treasurer. (5) He shall see that all depositories designated by the City Council post depository bonds, keep the same in force and on file with the City Clerk, or in lieu thereof place sufficient and proper collateral as may be allowed by law or action of the City Council; and he is specifically charged with the duties imposed by G.S. 159-28. (6) He shall assist the City Manager and the City Accountant in the preparation of the budget for the City of Raleigh and shall advise with them and with the City Council upon the finances and issuance of bonds and other obligations of the City. (7) He shall pass upon the sufficiency of the surety of all bonds required to be deposited with the City of Raleigh by contract, ordinances or otherwise. (8) He shall attend to all duties as may be required of him by ordinances or laws heretofore or hereafter enacted. (9) He shall attend to such other duties as may be required of him by the City Council.

The City Council shall have power and authority to provide that the City Clerk shall have the powers and perform the duties of City Treasurer, such powers and duties to be prescribed from time to time by the governing body, and to be in addition to all powers and duties as may be prescribed by law; and in such event, the City Clerk shall be known as the "City Clerk and Treasurer." The power and authority in this section conferred upon the City Council shall be exercised by ordinance duly adopted by the City Council, in the event the City Council shall determine to exercise such power and authority, which ordinance shall provide that the person or persons appointed from time to time to be City Clerk of the City of Raleigh shall have the powers and perform the duties of City Treasurer, as such powers and duties may be prescribed from time to time by the City Council or by law, and that any person so appointed shall be known as City Clerk and Treasurer of the City of Raleigh; provided, that in such event all powers conferred upon the City Clerk or upon the City Treasurer and all duties imposed upon the City Clerk or the City Treasurer by this act or by any other law or by action of the City Council shall be powers conferred upon and duties imposed upon the City Clerk and Treasurer of the City of Raleigh.

It shall be the duty of the City Attorney to prosecute and to defend all suits-at-law or in equity in which the City of Raleigh may become the plaintiff or defendant in any such suit; to render advisory opinions to the Mayor, the City Council, the City Manager, and the heads of the various departments of the City, provided that such request for advice be made in writing and signed by the person requesting said advice; and it shall be his duty, when required to do so, to attend the meetings of the City Council and to prepare such deeds, contracts, bonds and other legal papers as may be required for the City's business, and to perform such other services of a legal nature as required by the City Council. The City Council may also appoint one (1) or more Associate City Attorneys whose compensation shall be fixed by the Council and who shall serve at the pleasure of the Council; it shall be the duty of the Associate City Attorneys to assist the City Attorney as required by the City Attorney or by the City Council. It shall be the duty of the City Attorney and the Associate City Attorneys to institute and handle all civil actions and proceedings required for the foreclosure of liens against real estate on account of delinquent taxes and/or assessments for special improvements, when requested to take such action by the City Tax Collector or by the City Council. The City Council shall have power and authority to employ additional counsel in special cases when considered expedient by a majority of the City Council. (S.L. 1973, Ch. 319, §1(p))

There shall be and there are hereby created the following departments of the City of Raleigh: (1) Department of Finance, which shall be headed by the City Accountant, who shall also have the title of Director of Finance. (2) Department of Public Safety, which shall be headed by the Director of Public Safety. (3) Department of Public Works, which shall be headed by the Director of Public Works. (4) Department of Planning, which shall be headed by the director of planning. (5) Department of Public Utilities, which shall be headed by the Director of Public Utilities. (6) Department of Parks and Recreation, which shall be headed by the Director of Parks and Recreation. (7) Health Department and such other departments as may be created from time to time by ordinance adopted by the City Council. Each of the departments and the department heads shall be under the supervision of and directly responsible to the City Manager. Department or division heads need not be resident[s] of the City when appointed, except as herein specifically otherwise provided.

The Department of Finance shall consist of the following divisions: (a) Accounting Division; (b) Collections Division; (c) Purchases and Contracts Division.

It shall be the duty of the City Council on or before the first day of June 1949, and biennially thereafter before the first day of June in each odd year, to appoint, upon the advice and recommendation of the City Manager some person of honesty and ability whose experience, training and qualifications have been approved by the Local Government Commission of the State of North Carolina, as City Accountant of the City of Raleigh, who shall also be known as the Director of Finance, and he shall hold such office or position at the will of the City Council or until such approval has been revoked by the Local Government Commission, or until the appointment of his successor. The City Accountant shall furnish bond annually in such amount as required by the City Council, which bond shall be approved both by the City Council and by the Local Government Commission, and shall be conditioned for the faithful performance of his duties imposed by law as City Accountant and Director of Finance.

The Director of Finance (City Accountant) shall have general charge of the administration of the financial affairs of the City and to that end he shall have the powers and the duties hereinafter set forth and such as may now or hereafter be prescribed by law. (1) He shall act as accountant for the City and its various departments in settling with all City officers, and shall be head of the accounting division. (2) He shall compile the current expense estimates for the budget for the City Manager. (3) He shall compile the capital estimates for the budget for City Manager. (4) He shall supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded. (5) He shall maintain a general accounting system for the City government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the City government to be made daily or at such intervals as he may deem expedient. (6) He shall keep a record of the date, source and amount of each item of receipt, and the date, payee or contractor, the specific purpose and the amount of the disbursement made. (7) He shall require officers and departments receiving or disbursing money of the City, or its subdivisions, to keep a record of the date, source and amount of each item of receipts, and the date, the payee or contractor, the specific purpose and the amount of the disbursement made, and shall require the officer or department to keep a copy of such contract. (8) He shall examine or test check once a month, and at such other times as the City Council may direct, all books, accounts, receipts, vouchers and other records of all City officers and employees and departments of the City administration receiving or expending public money. (9) He shall require all officers and employees of the City, whose duty it is to collect fines, penalties or other money, to be applied to public purposes, to file with him each month, or more often if the City Council so directs, a report of all fees collected by such officers. (10) He shall monthly, or as often as he may be directed by the City Council, file with the Council a complete statement of the financial condition of the City, and its subdivisions, showing receipts and expenditures of the different departments of the City. (11) He shall advise with the Mayor, City Manager, Treasurer and the various department heads of the City of Raleigh, and its subdivisions, and with the Local Government Commission of the State of North Carolina, and he shall inform himself as to the best and simplest methods of so doing so as to bring about, as far as possible, a simple, accurate and uniform system of keeping accounts of the City and its various departments. (12) He shall, in conjunction with the City Manager and Treasurer, submit to the City Council, at the proper time, an annual budget estimate and budget which shall be prepared in accordance with the provisions of the general laws of North Carolina as the same are now or may hereafter exist. (13) He shall perform such other duties as may be imposed upon him by the City Council and those which may be now or hereafter required of municipal accountants by the general laws of the State of North Carolina and as applicable to the City of Raleigh. (14) He shall certify on all contracts of the City as to whether or not funds of said City have been properly provided for the carrying out of said contracts on the part of the City.

(a) No contract or agreement requiring the payment of money, or requisition for supplies or materials, shall be made, and no warrant or order for the payment of money shall be drawn upon the treasury of the City unless provision for the payment thereof has been made by (a) an appropriation ordinance or resolution as required by law, or (b) through the means of bonds or notes duly authorized by the General Assembly and by the City Council, and further authorized, in all cases required by law or by the constitution, by a vote of qualified voters or taxpayers, or otherwise; nor shall such contract, agreement or requisition be made unless the unencumbered balance of such appropriation or provision remains sufficient for such payment. No contract or agreement or requisition requiring the payment of money shall be valid unless the same be in writing, and unless the same shall have printed, written or typewritten thereon a statement signed by the City Accountant as follows: "Provision for the payment of the moneys to fall due under this agreement has been made by appropriation duly made, or by bonds or notes duly authorized, as required by the Local Government Act." (b) Before making such certificate, the City Accountant shall ascertain that a sufficient unencumbered balance of the specific appropriation remains for the payment of the obligation, or that bonds or notes have been so authorized proceeds of which are applicable to such payment, and the appropriation or provision so made shall thereafter be deemed unencumbered by the amount to be paid on such contract or agreement until the City is discharged therefrom. No claim against the City shall be paid except by means of a warrant or order on the City Treasurer signed by the head of the department for which the expense was incurred, nor unless the bill or claim for which the warrant or order is given shall have been presented to and approved by the City Accountant, or in case of his disapproval of such claim or bill, by the City Council. The City Council shall not approve any claim or bill which has been disallowed by the City Accountant without entering upon the minutes of the City Council its reason for approving the same in such detail as may show the City Council's reason for reversing the City Accountant's disallowance. No warrant or order, except a warrant or order for payment of maturing bonds, notes or interest coupons thereto appertaining, and except a warrant or order for the payment of any bill or claim approved by the City Council over the disallowance of the City Accountant, as above provided, shall be valid unless the same shall bear the signature of the City Accountant below a statement which he shall cause to be written, printed or typewritten thereon containing the words: "Provision for the payment of this warrant (or order) has been made by an appropriation duly made or a bond or note duly authorized, as required by the Local Government Act."

The Director of Finance shall have general supervision over the collection of all taxes, special assessments, license fees and other revenues of the City of Raleigh, but the responsibility for collecting taxes, special assessments, license fees and other revenues of the City and the responsibility for receiving and accounting for such moneys shall be that of the City Collector of Revenue, as hereinafter provided. The Director of Finance shall also have general supervision over the purchase, storage and distribution of all supplies, materials, equipment and other articles authorized to be purchased by the City Council, as well as all contracts relating to such purchases, but the direct responsibility for such purchases and contracts shall be imposed upon the City purchasing agent, who shall be the head of the Division of Purchases and Contracts, as hereinafter provided.

(a) The City Manager shall appoint a City Collector of Revenue, who shall have all of the powers and duties imposed by the general laws of North Carolina upon municipal tax collectors and who shall have the power and duty of collecting, receiving and properly accounting for all taxes, special assessments, license fees, penalties, interest and other revenues payable to the City of Raleigh. The City Collector of Revenue shall serve at the pleasure of the City Manager and may be removed from office as provided by law. The City Collector of Revenue shall, before entering upon his duties and annually on or before the first day of the fiscal year of the City of Raleigh, furnish to the City of Raleigh a bond in an amount of not less than fifty thousand dollars ($50,000), as may be prescribed and approved by the City Council, for the faithful performance of his duties and for a proper accounting of all funds coming into his hands by virtue of his office, or coming into his possession in connection therewith, for which he may be responsible, a new bond to be furnished annually, and he shall receive such compensation for his services as is fixed by the City Council. (b) In the event that provision shall be lawfully made for the collection of ad valorem taxes to be collected and received by any collector who collects both City of Raleigh and Wake County taxes, the City Collector of Revenue shall thereupon have no power or duties to collect such taxes, penalties, interest and revenues the responsibility for the collection and receiving of which shall be imposed upon such collector who collects both City and County taxes; in such event, the City Council may prescribe a bond for the City Collector of Revenue which may be less than the amount of fifty thousand dollars ($50,000) as hereinabove provided for.

The powers, duties and obligations of the City Collector of Revenue shall in addition to powers, duties and obligations prescribed by the general laws or by other laws applicable to the City of Raleigh, be as follows: (1) He shall collect ad valorem taxes on real and personal property, street assessments, benefits assessed in condemnation proceedings, license privilege taxes, poll taxes, auto license taxes, dog licenses, and all other taxes of any nature or kind, privilege or otherwise required to be paid to the City of Raleigh and not herein otherwise specifically required to be collected by some other officer or department of the City of Raleigh. He shall keep a true and accurate account thereof and shall allocate the moneys received by him to the respective accounts designated in the levy of such tax assessments, and each day render a detailed statement of such collection to the Treasurer of the City of Raleigh accompanied by the duplicate bank deposit slip showing the deposit of such funds in a depository, or depositories, designated by the City Council for the deposit of such funds. (2) He shall be the custodian of the tax books and records, together with all tax sale certificates, street assessment books and records, and all moneys coming into his hands, until the same have been duly deposited in the depository, or depositories, named by the City Council. (3) He shall issue under the rules and regulations of the City Council all privilege licenses except those authorized to be issued by other officers or departments of said City upon the payment of the license or privilege fee required by the ordinances of the City of Raleigh. (4) Possession of the tax list or scroll, after having been placed in the hands of the City Collector of Revenue by the City Council, shall have the same force and effect of a duly docketed judgment and of an execution against the real and personal property of the persons charged with taxes on such list, and the collector of revenue is authorized to make seizure under said tax list as fully as if an execution issued from a court of competent jurisdiction, in the same way and manner as the sheriff may levy and execute upon an execution issued to him by a court of competent jurisdiction, and he shall, when necessary, institute in the name of the City, garnishment proceedings for the purpose of collection of taxes.

The City Council may impose upon the City Collector of Revenue the duty and responsibility for collecting, receiving and properly accounting for all water and sewer charges, rents and fees for services, all water and sewer connection charges or fees, and all other inspection fees and revenues due to the City in connection with the operation of its Public Utilities Department; provided, however, that the City Council shall have the power to provide for a special collector to collect such fees, charges, rents and other revenues, in which event there shall be no power or duty to collect the same conferred upon or imposed upon the City Collector of Revenue.

There shall be established in the Department of Finance a Division of Purchases and Contracts, the head of which shall be the City purchasing agent. The purchasing agent shall be appointed by the City Manager and shall serve at the pleasure of the City Manager. The City purchasing agent, pursuant to the provisions of this act and pursuant to rules and regulations established by ordinance adopted by the City Council, shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the City government. The purchasing agent shall also have the power and shall be required to: (1) Establish and enforce specifications with respect to supplies, materials and equipment required by the City government in cooperation with the heads of the various departments and divisions. (2) Inspect or supervise the inspection of all deliveries of supplies, materials and equipment and determine their quality, quantity and conformance with specifications. (3) Have charge of such general storeroofs and warehouses as the City Council may provide by ordinance. (4) Transfer to or between offices, departments or agencies, or sell surplus, obsolete, or unused supplies, materials, or equipment, subject to authorization and the direction of the City Council.

(a) No construction or repair work or purchase of apparatus, supplies, materials or equipment shall be performed by the City of Raleigh unless the applicable provisions of Article 8 of Chapter 143 of the General Statutes of North Carolina or any amendment thereof shall have been complied with. (b) Notwithstanding the provisions of said Article 8 or any other act in the purchase of apparatus, supplies, materials or equipment for the City of Raleigh, any personal property owned by the City of Raleigh may be exchanged or traded in as a condition of such purchase, provided the advertisement for bids shall specify the property to be exchanged or traded. (S.L. 1953, Ch. 193, §1; S.L. 1965, Ch. 218, §1) Amendment note: Sections 6.11 and 6.12 were revised and amended by S.L. 1965, Ch. 218, §1, to conform to Art. 8 of Ch. 143 of the General Statutes regarding public building contracts. Previous §§72, prohibiting evasion, and 73, referring to G.S. 160-280, were repealed.

(a) It shall be the duty of all department heads to furnish to the City purchasing agent, when requested by him, on forms furnished by him, tabulated estimates of all supplies, materials and equipment needed and required by each respective department for such periods in advance as may be designated by the City purchasing agent, or as prescribed by the City Council. (b) The City purchasing agent shall compile and consolidate all such estimates of supplies, materials and equipment needed and required by the various departments to determine the total requirements for a given commodity during a fiscal year. If the total requirements for any given commodity will involve an estimated expenditure equal to or more than the amount which may be purchased on informal bids as provided in Article 8 of Chapter 143 of the General Statutes of North Carolina or an amendment thereof, the procedure prescribed by said article shall be followed. (c) All purchases made and contracts executed by the City purchasing agent shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the Director of Finance (City Accountant) certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. (S.L. 1965, Ch. 218, §1)

If any contract for construction or repair work or for the purchase of any supplies, materials or equipment within the meaning and application of this act, shall be made contrary to the provisions of this act, such contract shall be void and of no effect; and in such event, the officials and employees of the City authorizing or making, or purporting to authorize or to make, any such contract or purchase, shall be personally liable for the costs thereof, and if such work, supplies, materials or equipment are so unlawfully contracted for or purchased and paid for out of City moneys, the amount thereof may be recovered in the name of the City of Raleigh in an appropriate civil action instituted therefor. (S.L. 1965, Ch. 218, §1) Amendment note: See amendment note following §6.12.

The City Council shall have power at any time to sell any and all personal property belonging to the City of Raleigh after having authorized the sale thereof by resolution duly adopted and after having advertised the property for sale by publishing a notice at least once in a daily newspaper published in the City of Raleigh and qualified to publish legal advertising, at least seven (7) days prior to the date of the sale, which notice shall contain a brief description of the property to be sold and the date, hour and place of such sale. Such sale shall be by public auction or by sealed bids invited by advertisement which shall be publicly opened, or by a combination of sealed bids and public auction, as set forth in the said resolution and notice of sale or as prescribed by ordinance. The sale shall be subject to confirmation by the City Council, and the City Council shall have the right and power to reject any and all bids, or to authorize a sale to the highest bidder for cash if the Council determines in its discretion that the highest price bid is fair and reasonable. The Mayor, or other official authorized by the City Council, shall have power to make title to the purchaser.

The City Council shall have the power at all times to sell at public auction to the highest bidder, for cash, any real property belonging to the City of Raleigh, wheresoever situated, but only after having authorized the sale thereof by resolution, duly adopted, and after having advertised the same for sale at public auction at least once a week for at least two consecutive weeks prior to the sale in at least one daily newspaper published in the City of Raleigh and qualified to publish legal advertising, the first notice advertising the sale to be published at least fifteen days prior to the date of sale, which notice or advertisement shall describe the real estate to be sold and shall specify the date, hour, and place of such sale; provided, however, that before any bid shall be deemed to be accepted or any sale made, or any title passed by virtue of any such sale, the sale shall be confirmed by the City Council, and the City Council may, in its discretion, refuse confirmation; and when a sale has been duly confirmed and authorized by the City Council, a warranty deed for said real estate may be executed by the Mayor and attested by the City Clerk, with the corporate seal of the City attached; provided, that this section shall apply to all sales of all real estate belonging to the City of Raleigh, regardless of how such real estate may have been acquired by the City, whether by foreclosure of tax or assessment liens or otherwise, except, however, that this section shall not apply to the sale of cemetery lots owned by the City, which may be sold at private sale at such prices as the City Council may determine to be fair and reasonable, and deeds thereto executed as in case of other real estate. Incident to the power hereby granted to sell real estate at public auction, the City Council shall have power and authority to employ the services of an experienced real estate broker or agent to secure a responsible highest bidder at any such sale and to pay a reasonable fee or commission for such service in the event any such sale shall be made and confirmed to such bidder.

(a) There is hereby created a Department of Public Works of the City of Raleigh and said department shall consist of a Director of Public Works, who shall be its administrative head, and such other officers and employees as may be deemed necessary by the City Council and whose salaries shall be fixed by the City Council. (b) Subject to the control of the City Council, the Director of Public Works, under the direction and supervision of the City Manager, shall have control, management and direction of all public works not herein or otherwise expressly given to some other department of the City; all public grounds, bridges, viaducts, subways and buildings not otherwise assigned herein or by the City Council to some other department; the construction, cleansing, sprinkling, repair and maintenance of the streets and public places of the City; the erection of public buildings for the City; and the making, constructing, supervising and inspecting of all other improvements, paving, curbing, sidewalks, bridges, viaducts, and the repair thereof. The Director of Public Works shall have supervision and control and it shall be his duty to keep in good condition the streets, cemeteries and public grounds and parks of the City of Raleigh, subject to the legislative control of the City Council. (c) He shall have supervision of the enforcement of the provisions of law and the ordinances relating to streets, public squares and places and relating to all matters within the jurisdiction and control of his department. The Director of Public Works shall have supervision and direction of the location of railway tracks, telephone and telegraph wires, poles and other things placed by public service corporations in, along, under or over the streets in the City. Except as otherwise provided by ordinances of the City, the collection, removal and disposition of all waste, including but not being limited to garbage, rubbish and ashes, as defined by the City Council, shall be under the jurisdiction, management and direction of the Director of Public Works according to such rules and regulations as may be adopted from time to time by ordinance. (d) The Director of Public Works, through his department, shall have the duty and responsibility of keeping clean all streets, alleys and public places, in accordance with such regulations as may be prescribed from time to time by ordinances adopted by the City Council. The Director of Public Works shall also have supervision and management and control over the lighting system of the City of Raleigh and the management and direction of the lighting of the streets, alleys and other public places and grounds and all other places where City lights are placed. The Director of Public Works and the officials and employees of the Department of Public Works shall do and perform all other duties and services as prescribed from time to time by the City Council, or otherwise provided by law. He shall have charge and supervision of the electrical inspector, plumbing inspector and building inspector, and he shall have supervision and direction over all officers and employees in his department.

(a) Within the Department of Public Works and subject to the direction, supervision and management of the Director of Public Works, there shall be the following divisions: (1) Division of engineering, the administrative head of which shall be the City Engineer, who shall be a civil engineer graduated from some recognized college or university, and who may be the same person holding the position of Director of Public Works. (2) Division of Streets and Highways. (3) Division of Sanitation. (4) Division of Public Buildings. (5) Division of Shops. (6) Division of Cemeteries. (7) Division of Markets. (8) Division of Street Lighting. (9) Division of Park Maintenance. (10) Inspection Division. (11) Such other divisions as may be from time to time authorized by the City Council. (b) The powers and duties of the divisions with the Department of Public Works and the officials and employees thereof shall be such as from time to time granted, prescribed and defined by ordinance or resolution of the City Council. The City Council shall have the power to eliminate any of the foregoing divisions or to combine any two or more divisions. The powers and duties granted and prescribed for the Department of Public Works and for the various divisions thereof shall be in accordance with the provisions of this act and in accordance with the Constitution and Laws of the State of North Carolina.

The Inspection Division of the Department of Public Works shall be composed of a Chief Building Inspector, an electrical inspector, a plumbing inspector, and such other inspectors and employees as shall be deemed necessary by the City Council and whose salaries shall be fixed by the City Council. The inspectors and other employees of the division shall be under the supervision and direction of the Director of Public Works. (1) The Chief Building Inspector shall be the administrative head of the division and shall have control of the other inspectors and employees of said division under such rules and regulations as may be prescribed or authorized by the City Council, and all inspectors shall take an oath for the faithful discharge of their respective offices. (2) It shall be the duty of the Inspection Division to inspect all buildings which may be in the course of erection, alteration or repair and require inspection according to the building ordinances of the City; to examine and report on the condition of old buildings in said City; to supervise and inspect all electrical works and appliances used or intended for the use in the manufacture or supplying or receiving of electricity within the City, either for light, heat or power; to inspect all plumbing work, water fixtures and sewer connections constructed or being constructed in said City, or outside the City, where same is connected either to the water or sewer system of the City of Raleigh, and to require the same to conform with the ordinances of the City. No building or other structures shall be constructed or repaired within the limits of the City, unless and until a permit therefor has been issued by the Chief Building Inspector; provided, that the City Council may, by ordinance, regulate the requirements for building permits with reference to the construction or repair of buildings or other structures as to cost thereof. The City Council may require the payment of reasonable fees for the issuance and procurement of such permits which shall be payable at the time of the issuance of same. (3) The Chief Building Inspector and his assistants shall perform such other duties as may be required by the City Council, and they shall be vested with all the power now or hereafter granted by the general laws of the State of North Carolina to such municipal inspectors, and they shall see that all ordinances enacted by the City Council are complied with, with respect to this division. (4) Examinations for licensing of plumbers, electricians and other trades connected with the building industry shall be as prescribed by ordinances of the City Council, and the Inspection Division shall collect the application fees and shall deposit such funds according to the rules and regulations as given by the City Manager and City Accountant.

(a) There is hereby created a Department of Public Safety of the City of Raleigh, and said department shall consist of a Director of Public Safety, who shall be its administrative head, and such other officers and employees as may be deemed necessary by the City Council and whose salaries shall be fixed by the City Council, and there shall be such divisions within the department as may be established by this act and by the City Council. (b) Subject to the legislative control of the City Council, the Director of Public Safety, under the supervision and direction of the City Manager, shall have control, management and direction of: the Police Division, which may continue to be known as the Police Department; the Identification Bureau; the Fire Division, which may continue to be known as the Fire Department; and such other divisions as may be established by law or by the City Council. The Chief of Police, the Chief of the Fire Department, and the head of any other division within the Department of Public Safety shall be subject to the immediate direction and supervision of the Director of Public Safety. (c) If the City Council shall so determine by resolution or otherwise, the City Manager may exercise and perform the powers and duties of the Director of Public Safety, and that position shall not otherwise be filled until further authorized by the City Council.

(a) The Director of Public Safety shall have charge of the police force, subject to the supervision and direction of the City Manager, and shall have power to temporarily supplant the Chief of Police and take charge of the department, and shall at all times have power to give direction to the officers and employees in the Police Department, and his direction shall be binding upon all such officers and employees. (b) He shall have charge of the police stations, jails, and property and apparatus connected therewith, including City ambulance and patrol wagons used in connection with his department. (c) He shall have supervision and control, subject to the supervision and direction of the City Manager, of the Fire Department, of all firemen, officers and employees therein or connected therewith, and of all fire stations, property and apparatus used in connection with the Fire Department; and of the fire alarm system, and all property and apparatus connected therewith. (d) He shall have power to temporarily supersede the Chief of the Fire Department, and his orders to said department and all employees therein shall be binding upon said department. (e) He shall be charged with the duty of enforcing all ordinances and resolutions relating to traffic on the public streets, alleys, and public ways, on and across railway lines, and through and over the cemetery ways, public parks and other public places. (f) He shall be charged with the duty of enforcing all laws, ordinances, and others relating to public health and sanitation, and all health officers and employees of the City shall be under his supervision. It shall be the duty of the City Council to pass such ordinances, rules and regulations, and employ such persons as necessary to preserve and protect public health. He shall be charged, through his department, with the enforcement of all quarantine regulations, and with suppressing and removing conditions on private property within the City that are a menace to health or public safety. He shall coordinate his activities referred to in this paragraph with the Chief Health Officer. (g) He shall be authorized to enter upon private premises for the purpose of discharging the duties imposed upon him, and he shall cause to be abated all nuisances which may endanger or affect the health of the City, and generally do all things, subject to the legislative control of the City Council, that may be necessary and expedient for the promotion of health and the suppression of disease. (h) He shall perform all other services ordered by the City Council, or that may be ordered by the City Council, not herein expressly conferred upon some other department.

There is hereby created, within the Department of Public Safety, a Police Department (or division), which shall be composed of a Chief of Police, under the Director of Public Safety, and such other officers and employees as shall be deemed necessary by the City Council. The salaries of the Chief of Police and of the other officers and employees of the department or division shall be fixed by the City Council. The Chief of Police may or may not be chosen from the officers of the Police Department. (S.L. 1973, Ch. 319, §1(q))

(a) The Chief of Police, acting under the Director of Public Safety, shall have the supervision and control of the police force, and it shall be his duty to report to the Director of Public Safety any failure of duty on the part of any member of the police force. It shall be the duty of the Chief of Police to see that all laws and ordinances of the City are enforced and to do all such things as may be required of him by ordinances adopted by the City Council or by the Director of Public Safety. The Chief of Police and each member of the police force shall have the same power and authority as are vested in sheriffs and constables for the preservation of the peace of the City; such power and authority to be exercised by them not only in the corporate limits, but within all territory extending one mile in all directions from and beyond the corporate limits of the City (and on any rights-of-way, easements, or property of the City without the corporate limits). They shall execute all process legally directed to them by any court and in the execution thereof shall have the same powers that sheriffs and constables have in the discharge of like duties. (b) The City Council may make rules and regulations for the government and direction of the police officers of the City or may delegate such power to the Director of Public Safety. The City Council may require the entire police force to wear badges, and to be so armed and uniformed as to be readily recognized by the public as peace officers; provided, that the Director of Public Safety, or the Chief of Police, when either deems it necessary, may authorize any such officer to be on duty in plain clothes. The police of the City shall have power to do whatever may be necessary to preserve the good order and peace of the City and secure the inhabitants from personal violence and their property from loss or injuries. (c) When funds shall have been appropriated for the purpose, and when considered expedient and in the public interest, the Chief of Police, subject to the approval of the City Manager, may employ temporarily, for a period of time not to exceed twelve (12) months, persons to obtain information regarding criminal activity within the City; provided, however, that there shall not be any re-employment of any such person at any time within a period of thirty (30) days immediately following the termination of a previous term of such temporary employment; provided, further, that such persons so employed may, but shall not be required to, take and subscribe the same oath required of regular police officers of the City and if so sworn shall have all of the powers, authority and duties of regular police officers of the City; provided, further, that such persons so employed shall not be subject to the Civil Service Act applicable to policemen and firemen of the City. Such persons so employed shall be subject to the orders and direction of the Director of Public Safety, Chief of Police and the City Manager. (d) The Director of Public Safety, Chief of Police, and each member of the police force, before entering upon the discharge of the duties of his office, shall be required to take and subscribe before the Mayor, or some other officers authorized to administer oaths in such cases, the oath prescribed for public officers, and an oath that he will faithfully and impartially discharge the duties of his office according to law, which said oath shall be filed with the City Clerk and entered in the book with the oaths of the members of the City Council and other officers of the City. (S.L. 1957, Ch. 107, §1; S.L. 1973, Ch. 319, §1(r))

The keeper of the common jail of Wake County may receive into the common jail of said County, without a mittimus, any person taken up in the nighttime by the City police force, and to keep such person safely until the following morning, when such offender shall be brought out for trial; and for such services the jailer shall be entitled to have such fees as are allowed him by law in like cases; provided, the City may provide and use a prison for the confinement of prisoners as provided by law.

(a) There is hereby created, within the Department of Public Safety, a Fire Department (or division), which shall be composed of a Chief of the Fire Department (or division), and such other officers and employees as shall be deemed necessary by the City Council, whose salaries shall be fixed by the City Council. (b) The Chief of the Fire Department shall be responsible for the discipline and efficiency of the Fire Department. All orders shall pass through him and he shall see that all orders, rules and regulations applicable to the Fire Department are fully carried out and performed. Subject to the legislative control of the City Council, rules and regulations shall be made by the Chief and approved by the Director of Public Safety and the City Manager and the same shall be published and each member of the department shall familiarize himself with such rules and regulations. (c) The Fire Department shall protect the lives and property of the people. In case of an emergency, the Chief of the Fire Department may cause the blowing up, or pulling down or destroying of any house or houses, and no person shall be held liable civilly or criminally for acting in such cases in obedience to such order. (d) The Chief of the Fire Department and the other officers of the department shall have full police powers during fires, and are authorized to make arrests for interference with their operations. (e) In the event of an alarm of fire, the apparatus of the Fire Department shall have the exclusive right-of-way in and upon the streets, alleys, squares and railroad crossings in going to any fire. (f) The Fire Department shall have the same jurisdiction outside the City limits, as within, upon City owned, leased or controlled property, and as provided by the general laws of North Carolina. (g) The Chief of the Fire Department shall perform all duties under the general laws as the same are now or may hereafter be enacted with respect to the inspection of buildings. (h) The Chief of the Fire Department shall have authority to make promotions and demotions of members in the department subject to the Civil Service Act applicable to the Police and Fire Departments of the City of Raleigh.

Nothing in this act shall repeal or amend any of the provisions of Chapter Fifty of the Private Laws of North Carolina 1935, being the Civil Service Act relating to policemen and firemen of the City of Raleigh.

(a) There is hereby created a Department of Public Utilities of the City of Raleigh, which shall consist of a Director of Public Utilities, who shall be its administrative head, and such other officers and employees as may be deemed necessary by the City Council and whose salaries shall be fixed by the City Council. (b) The Director of Public Utilities shall have the management, and supervision of, and shall be responsible for the proper operation and control of, the entire waterworks system and sewerage system of the City of Raleigh, and any and all other public utility systems which the City may lawfully acquire, construct, maintain and operate. (c) He shall have charge of the watersheds from which the City takes its supply of water, pumping stations, pipe lines, filtering apparatus, and all other things connected with or incident to the proper supply of water and the disposal of sewage for the City of Raleigh. It shall be his duty to act for the City, subject to the legislative control of the City Council, in securing all lands, streams, and rights-of-way and easements connected with and necessary to the supply of water and to the disposal of sewage for the City. He shall have supervision and control of all buildings, grounds, and apparatus connected therewith and incident to the furnishing of water for the City and the operation of the sewerage system. (d) He shall superintend the erection of water tanks, and laying of water lines and sewer lines and the operation thereof. (e) The Director of Public Utilities and the other officers and employees of the department and of the various divisions thereof shall have such other powers and duties and functions as may be provided and required by the City Council and as may be otherwise provided by law.

(a) There shall be such divisions within the Department of Public Utilities as may be authorized by the City Council, including but not limited to the following divisions: administrative, engineering, water operations, sewer operations, water and sewer collections, and such other divisions as may be deemed necessary or expedient by the City Council; provided, that any division may be eliminated or may be combined with any one or more of the other divisions by appropriate action by the City Council. (b) In the event the City Council shall provide for a special collector to collect and receive fees, charges, rents and other revenues payable to the City in connection with the operation of the public utilities of the City, as authorized by §68 [6.9] of this Act, then such special collector shall be the administrative head of the Collections Division of the Department of Public Utilities and he and the employees of the division shall be under the direction and supervision of the Director of Public Utilities.

The City shall have the power to acquire, provide, construct, establish, own, maintain and operate its own light and waterworks system and sewerage system, and to furnish water, light and sewerage service to the citizens and residents of the City; and to furnish such services or any of them to any person, firm or corporation outside the corporate limits, where any such service is available, upon such terms and conditions as may be prescribed by the City Council, in its discretion; and the City Council shall have full and complete control, supervision and management of said public utility systems and each of them. The City is authorized to make special assessments following the procedures provided by the General Statutes against benefited property within its corporate limits for constructing, reconstructing, extending and otherwise building or improving water lines and sanitary sewer lines. The City shall not be under any legal obligation to extend or render any services to anyone outside the corporate limits, except as may be required by contract lawfully made by the City. Upon annexation of any area to its corporate limits, the City is authorized to make special assessments against benefited property for water lines and sanitary sewer lines which were extended to said area at any time prior to its annexation. The City shall not in any case be liable to any person, firm or corporation, resident or nonresident, for damages for a failure to furnish a sufficient supply or particular quality of either water, sewer service, or light for any purpose. The City Council shall have the power to adopt such rules and regulations as may be considered necessary or expedient, in the discretion of the City Council, to provide for the protection, maintenance, management and operation of such systems of the City, and may appoint special officers to enforce the ordinances, rules and regulations of the City of Raleigh, the laws of the State of North Carolina, and the applicable rules and regulations of the State Board of Health. Such special officers shall be vested with the authority of peace officers within, but only within, the area to which they are assigned. (S.L. 1957, Ch. 122, §1; S.L. 1975, Ch. 561, §9)

The City Council shall have full power to acquire and hold rights-of-way, water rights, sewerage outlets, and other property necessary or proper in connection with the ownership, maintenance or operation of any of the above named utility systems, both within and without the corporate limits. The City shall have power to condemn rights-of-way, easements, water rights, lands, sewerage outlets, and other property within and without the corporate limits of the City for the purpose of obtaining, storing, maintaining and furnishing a pure and adequate water supply, and of furnishing lights for the City and its citizens, and for the purpose of furnishing sewerage disposal service and sewerage treatment services for the City and its citizens. The condemnation proceedings for any such purpose or purposes shall be the same as are provided for the condemnation of land for street purposes by this act or by the General Statutes of North Carolina. Annotation: Taylor v. Raleigh, 290 N.C. 608, 626-27, 227 S.E.2d 576 (1976). Cross reference: As to condemnation generally, see §6.43.

The City Council may require all owners of improved property which may be located upon or near any line of the sewerage system of the City, within the corporate limits, to connect with such sewerage line or system all water closets, toilets, bathtubs, lavatories, sinks, and drains upon their respective properties or premises, so that their contents may be made to empty into such sewerage system.

The City Council is hereby authorized to fix and prescribe such rates of charges for water, light and sewerage service, and for connections with any water or sewer line, forming a part of or connected with the water or sewerage system of the City, and for inspection services, such rates of charges to be prescribed in the discretion of the City Council; provided that the rates may be graduated according to classes of service, quantity of consumption, or otherwise, as determined by the City Council, but the rates within any particular classification shall be uniform and applicable alike to all consumers within any such classification; provided, further, however, that for connections, inspections and/or service supplied to persons, firms and corporations outside the corporate limits of the City, the City Council may fix and prescribe a different and higher rate and charge from that charged within the corporate limits.

(a) The City Council shall fix and prescribe such rates and charges as will provide annually for the payment of the annual debt service requirements on existing bonded debt for such waterworks system, sewerage system and lighting system, and repairs, maintenance, enlargement, extension, and operation of any such system or systems. (b) It shall be the duty of the City Council and the City Accountant, the City Treasurer and other officers and employees handling moneys derived from the operation of the public utilities of the City, to keep a separate statement and account of the moneys received by the City from the waterworks system, sewerage system, and any other utility system operated by the City; and it shall be the duty of the City Council to give preference to the waterworks, sewerage, and other City utility systems over the other departments of the City in such fund; provided, however, that the City Council may take reasonable appropriations annually from the revenues received from the operation of the water, sewer, and other utilities of the City to the General Fund account of the City, based, however, upon services rendered to the Department of Public Utilities by the various officials, employees, and departments whose compensation and operating costs and expenses are payable from General Fund revenues of the City, as determined by the City Council.

(a) The City Council shall fix the time or times when the water and/or sewer service charges shall become due and payable, and in case any such charge is not paid within ten days after it becomes due, the same shall become a lien upon the property where said water is used and with which said water and/or sewer connections are made; and the same may at any time therefore be collected, either by suit in the name of the City or by the collector of taxes for the City, by the sale of the property upon which said lien attaches, at the courthouse door in the City of Raleigh, after advertising the same thirty days in some newspaper published in the City of Raleigh; and the said sale shall be made under the same rules and regulations, and subject to the same costs and penalties and to the same rights of redemption as are provided for the foreclosure of the lien on real estate for taxes. Upon failure of the owner of the property for which water or sewer is furnished, under the rules and regulations of the City Council, to pay charges when due, then the City Council, or its agent or employees, may cut off the water from the said property; and when so cut off it shall be unlawful for any person, firm, or corporation, other than the City Council, or its agents or employees, to turn on said water to said property, or to use the same in connection with the said property, without having first paid said charges and obtained permission from the City, through its Department of Public Utilities, to turn on said water; and any person, firm, or corporation convicted of the violation of any one of the provisions contained in this section shall be guilty of a misdemeanor, and shall be fined not exceeding fifty dollars ($50) or imprisoned not exceeding thirty days. (b) Where the water may be cut off under the provisions of this section for the failure of the occupant of the premises to pay the charges for water and/or sewer service, and the occupant is not the owner of the premises but occupies the premises as a tenant, there shall be no lien against the premises, and it shall not be lawful for the City to require payment of such delinquent bill before turning on the water at the instance of a new and different tenant or occupant of said premises, but this provision shall not apply in cases where the premises are occupied by two or more tenants serviced by the same water meter.

(a) There is hereby created a Department of Parks and Recreation of the City of Raleigh which shall consist of a Director of Parks and Recreation and other such officers and employees and divisions as may be deemed necessary by the City Council, and whose salaries shall be fixed by the City Council, such officers and employees may include persons appointed to enforce ordinances of the City of Raleigh and Statutes of the State of North Carolina on those properties under control of the Department of Parks and Recreation; and on said property said employees when duly appointed and sworn shall have the same power and duty as would any peace officer. There may be such divisions as established from time to time by the City Council in its discretion. (b) Subject to the direction and supervision of the City Manager, and subject to the legislative control of the City Council, the Director of Parks and Recreation and his said department shall have the following powers and duties: To control, manage, and operate the amusement and recreation parks and playgrounds of the City in accordance with the rules, regulations and ordinances adopted by the City Council; to plan, organize, supervise, and sponsor programs of public recreation for the best interests of the City and its citizens; and to operate swimming pools, baseball grounds, tennis courts, and such other facilities for recreation or play as may be authorized and directed by the City Council; and to have such other powers and perform such other duties as may be authorized and directed by the City Council or as otherwise by law provided. (c) The City Council shall have power to create and appoint members to a parks and recreation advisory commission or committee, which shall have such powers and functions and be constituted as to membership, terms and organization, as may be prescribed by the City Council by ordinance or resolution. (S.L. 1971, Ch. 1209, §1(c)) Amendment note: 1971 Session Laws, Ch. 1209, §1(c), amended §6.34 by adding to the first sentence the words beginning, "such officers and employees . . . ".

(a) The City is hereby authorized to create, pursuant to the general laws of North Carolina, a Health Department, which when created shall have as its administrative head a Chief Health Officer, and such other officers and employees as may be deemed necessary by the City Council, and whose salaries shall be fixed by the City Council. (b) The Chief Health Officer shall have in his charge all matters pertaining to the health of the City and shall perform the duties required of him under such general rules and regulations as may be prescribed by the City Council, and he, and any members of his department, shall have full power and authority to enter all premises affecting the health of the citizens of Raleigh, within or without the corporate limits of the City of Raleigh, and he shall be responsible for enforcing the laws and ordinances made for the general public health of the City. (c) The Chief Health Officer, the Chief of Police, or other officer or officers who may be designated for this purpose by the City Council or the City Manager, shall have power summarily to remove, abate, or remedy, or cause to be removed, abated, or remedied, everything within or without the City limits which is dangerous or prejudicial to the public health of the citizens of the City of Raleigh, and the expenses of such action shall be paid by the person in default, and if not paid shall be a lien upon the land or premises where the trouble arose, and shall be collected as unpaid taxes. (d) The Chief Health Officer of the City of Raleigh shall also perform such other duties as may be required by the City Council, and he is hereby vested with the powers and obligations conferred and imposed upon municipal officials by the general laws of the State of North Carolina as the same now are or may be hereafter enacted.

The City Council is hereby given, within the corporate limits of the City of Raleigh (and when exercised so as not to conflict with the rules and regulations of the Wake County Health Department and health officer within one mile in all directions beyond the boundaries of the City), all the power and authority that is now or may hereafter be given by law to the County Board of Health or County Health Officer or physician, and such further powers and authority as will best preserve the health of the citizens. The City Council is hereby given power to make such rules and regulations, not inconsistent with the constitution and laws of the State, for the preservation of the health of the inhabitants of the City as to the City may seem right and proper. The City Council may establish and maintain a hospital or hospitals, or pesthouses, slaughterhouses, rendering plants, incinerators and crematories in the City of Raleigh, or within three (3) miles thereof; may stop, detain, examine, or keep in a pesthouse or houses of detention persons having or suspected of having any infectious, contagious, or other communicable disease; may quarantine the City or any part thereof; may cause all persons in the City limits to be vaccinated; may, without incurring liability to the owner, remove, fumigate or destroy furniture, bedding, clothing, or other property which may be found to be tainted or infected with any contagious or infectious disease, and may do all other proper and reasonable things to prevent or stamp out any contagious or infectious disease, and to better preserve the health of the citizens; and all expenses incurred by the City in disinfecting or caring for any person or persons, by authority of this section, may be recovered by it from the person, persons, or property cared for; and when expense is incurred in caring for property, same shall become a lien on said property. Any person who shall attempt by force, or by threat of violence, to prevent his removal, or that of any other person, to the pesthouse, house of detention, or hospital, or who shall in any way interfere with any officer while performing any of the duties allowed by this act, shall be guilty of a misdemeanor. Cross reference: For jurisdiction outside City, see §2.15.

(a) There is hereby created a Department of Planning of the City of Raleigh, and said department shall consist of a director of planning, who shall be its administrative head, and such other officers and employees as may be deemed necessary by the City Council and whose salaries shall be fixed by the City Council. The Director of Planningshall be appointed by the City Manager and he shall be a graduate civil and planning engineer. (b) Subject to the legislative control of the City Council and subject to the direction and supervision of the City Manager, the Director of Planningshall have the following powers and duties: To make a careful study of the resources, possibilities and needs of the City of Raleigh, particularly with respect to conditions which may be injurious to the public welfare and to make plans for the development of the City; to draft plans, compile population trends; to consult with and cooperate with civic organizations, subdivision developers, industrial organizations and other private business and individual enterprises; to obtain and prepare engineering cost and statistical information necessary or advisable in connection with proposed plans of construction, repair and maintenance; to make surveys and comparisons for the purpose of recommending the needs for and appropriate locations of Fire Department stations, fire hydrants and other fire fighting and prevention services, police headquarters, stations, and services, sewer outfalls and lines, water lines, streets and sidewalks, utility services, to make surveys, studies and recommendations relating to drainage, and any other matters affecting the public interest and public safety, health and welfare, to the end that the activities and projects of all of the agencies of the City may be correlated and carried out under a comprehensive, definite plan and purpose rather than as separate disintegrated and disassociated fragments; and to perform such other duties as may be required by the City Council. (c) The Director of Planningshall have no authority over the operation of any other department of the City, and the several operating departments of the City shall continue to make plans for their respective spheres of activity; but the Department of Planning is created for the purpose of over-all planning designed to assist the several operating departments of the City in formulating a public policy which will treat the problems of the community and of the municipal government as a closely knit whole. The Department of Planning and its director shall have the duty of integrating the plans and projects of the several operating departments of the City government and the projects and plans of private business organizations, individuals and citizens and organizing and directing a systematic program in which the plans of each department of the City and of private enterprise, organizations and citizens may be directed, to the end that the future development and planning of the City will promote the public interest, welfare, health and safety. (d) It shall be the duty of the director of planning to study the existing zoning ordinances and regulations; to prepare or to have prepared, a land use plan, and then to make recommendations to the City Council as to any changes, alterations, additions or revisions of the zoning ordinance. (e) The Director of Planningshall consult with and advise and otherwise cooperate with the members of the City Planning Commission. (f) The Director of Planningshall from time to time make surveys and investigations to determine whether the provisions of the Zoning Ordinance of the City of Raleigh are being violated; and it shall be his duty, when violations are discovered, to take necessary and proper proceedings to enforce or require enforcement of the zoning ordinances. (g) The City Council, by ordinance, may adopt such additional rules and regulations as considered necessary for the control and functioning of the Department of Planning and its director. (S.L. 1973, Ch. 319, §1(s))

(a) There is hereby created the City Planning Commission of the City of Raleigh, which shall consist of five (5) members, who shall be appointed by the City Council from among the citizens of the City (none of whom shall hold any other public office or position within the City), whose terms shall be four (4) years. Any vacancy during the unexpired term of any member shall be filled by the City Council for the remainder of the term. The members shall serve without compensation, except that the City Council may prescribe and authorize the payment of a per diem allowance for attendance upon meetings not to exceed ten dollars ($10.00) per member, per meeting. (b) The City Planning Commission, as soon as practicable after its original appointment, shall meet and organize by electing one of its members as Chairman and one of its members as secretary, each of whom shall serve for a term of one (1) year and until his successor shall be elected and qualified. During the month of July of each year the City Planning Commission shall elect a Chairman and secretary, each of whom shall serve for a term of one year and until his successor has been elected and qualified. The City Planning Commission may establish its own rules governing meetings and procedures, subject to the legislative control of the City Council; and the City Planning Commission shall meet at least once a month at such time and place as may be determined by the commission for the transaction of its business and the commission may meet at such other times as its members may determine. (c) The City Planning Commission shall have no power to incur any debt or obligation on behalf of the City of Raleigh nor shall it have any power to make any expenditure of funds of the City of Raleigh unless such funds are specifically provided for in the budget of the City of Raleigh and appropriation made for such purposes by the City Council. (d) The City Planning Commission shall study the resources, possibilities and needs of the City and shall have power to propose and recommend plans and maps for the systematic future development and betterment of the City, and from time to time shall have power to recommend changes in the same when changes are considered advisable; and to this end the City Planning Commission shall have power to recommend that the City be subdivided into districts or zones and shall cause to be prepared maps and plans of same, specifying and regulating the location, height, bulk, number of stories and size of buildings and other structures, the per centage of a lot that may be occupied, size of yards, courts, and other open spaces, the manner of construction of the buildings thereafter to be erected, altered or reconstructed in such district or zone, the density of population and the location and uses of buildings, structures and lands for trade, industry, business, residence or other purposes, and establishing rules governing building lines, and the City Planning Commission shall submit the same to the City Council for its approval and adoption, either in whole or in part as may be determined by the City Council in its discretion, and with such amendments as the City Council may deem proper. The City Planning Commission is authorized to make a study of the existing parks of the City and to submit plans for the development of same, and locate new areas for park purposes and recommend to the City Council the acquisition of same, and to submit plans for the development of existing playgrounds and to make recommendations for the acquisition and development of new playgrounds. (e) The City Planning Commission may make recommendations for the promotion of the economic and industrial prosperity and the enhancement of the health, comfort and convenience of the citizens of the City of Raleigh. It may study and in its discretion recommend ways and means which will tend to prevent or relieve congestion, either of population or traffic, to control the fire hazard, to preserve the natural and historic features of the City, and to beautify the same. The commission may investigate, prepare surveys of and make recommendations on any matter which will, in its opinion, make the community a better place in which to live or work. Plans may be recommended by the commission for new streets, roads, boulevards, alleyways, viaducts, bridges, subways, parks, playgrounds, aviation fields, rail and bus terminals, tunnels, markets, public utilities, public buildings or any public improvements. Wherever any of the foregoing shall exist, then the City Planning Commission may make recommendations as to their respective removal, relocation, widening or extension, as occasion may suggest or necessity require. (f) The City Council shall have power at any time to request the City Planning Commission to give an opinion and make recommendations upon any matter pertaining to the powers and duties of the City Planning Commission. (g) Before any new street is opened, or any existing street is extended, or before any new subdivision for residence, business or industrial uses is made, the person or persons opening such street or proposing such new subdivision for residence, business, industrial or other purposes shall submit a detailed plan with blue prints and other necessary data to such City Planning Commission. It shall be the duty of said commission to carefully examine the plans for such subdivisions as regards their nature and purpose, the number, width, character, and location of streets and alleys, and the size, material, and manner of laying of water mains and sewer lines; and transmit such application, with all data, to the governing body, with its recommendations in writing. The jurisdiction of such commission concerning the regulation of subdivisions shall extend one mile beyond the corporate limits of the City. The commission shall have the right to make recommendations for the correction, widening, or relocating of any interior street to the governing body. (h) The City Council is hereby authorized and empowered, but shall not be required, to make provision in the City budget and to make appropriations for the purpose of carrying out the provisions of this section. (i) The City Council, in its discretion, is hereby authorized and empowered in the exercise of the police powers of the City, to pass and adopt and to amend and/or repeal all ordinances and resolutions, and to do all things necessary, to carry out the recommendations that may be made by the City Planning Commission, under the provisions and powers of this section, where not contrary to law. (S.L. 1973, Ch. 319, §1(t))

(a) For the purpose of promoting the health, safety, morals or general welfare of the City, the City Council is hereby authorized and empowered by ordinance to regulate and restrict the location, height, bulk, number of stories and size of buildings and other structures, the per centage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and uses of buildings, structures, and land for trade, industry, business, residence or other purposes, including off-street parking of vehicles. Such ordinances may provide that the board of adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the board of adjustment may authorize variances from the strict application of the regulations in such situations and subject to such limitations as may be set forth in the ordinance. (b) For any and all said purposes and under a comprehensive plan, the City Council may divide the municipality into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this section; and within such districts the City Council may regulate and restrict the erection, construction, reconstruction, alteration, repair and use of buildings, structures, and land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts; however, the City Council may provide for the creation of conditional use zoning districts, and overlay zoning districts and transitional zoning regulations, in addition to general use districts. It is the purpose and intent of this section to permit the City to create, through the legislative process, general use districts, in which a variety of uses are permitted; conditional use districts, in which limited uses are permitted only upon approval by the City; and overlay zoning districts, which are applied coincidental with a general or conditional use district. Said overlay zoning districts may impose additional regulations on some property within the underlying general or conditional use district and not on all properties within those districts. A person petitioning for rezoning of a tract of land where conditional use districts or overlay districts are authorized by ordinance, may elect to request a general use district, a conditional use district, or an overlay district for the tract. If the petitioner elects to petition for the general use or overlay district zoning, and if the petition is approved, the rezoned property may be used for any of the uses permitted in the applicable general use or overlay district. If the petitioner elects to petition for conditional use district zoning, the petition must specify the actual use or uses, and all other development regulations authorized by State law, which are intended for the property specified in the petition. The intended use or uses and development regulations must be permitted in the corresponding general use district. If the petition is for conditional use district zoning, the City Council is to approve or disapprove the petition on the basis of the specific use or uses and development regulations requested. (c) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. (d) The City Council shall by ordinance provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. No such regulation, restriction or boundary or any amendment, supplement or change therein shall become effective until the same shall have been submitted to the City Planning Commission for its recommendations and until such recommendations have been made to the City Council, and until after a public hearing in relation thereto shall be held by and before the City Council at which parties in interest and citizens shall have an opportunity to be heard. A notice of such public hearing shall be published once a week for two (2) successive calendar weeks, immediately preceding the date of such hearing, in a newspaper published in the City and qualified to publish legal advertising, said notice to be published the first time not less than fifteen days prior to the date fixed for said hearing. (e) Such regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change filed at or before the public hearing by the governing body of the municipality, required to be held by G.S. 160-175 (G.S. 160A-381385), and signed by the owners of twenty per cent or more of the area of the lots included in such proposed change, or of those immediately adjacent thereto, either in the rear, in the front, or on either side thereof extending one hundred feet therefrom, or of those directly opposite thereto across a street therefrom, extending one hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by a favorable vote of three-fourths of all the members of the City Council. The provisions of this section relative to public hearings and official notice shall apply equally to all changes or amendments. (f) The City Planning Commission shall have power to make recommendations concerning the boundaries of the various districts and appropriate regulations to be enforced therein. The City Planning Commission shall hold public hearings on proposed regulations, restrictions and boundaries, and proposed amendments, changes and modifications therein before submitting its final report thereon to the City Council, and the City Council shall not take action until it has received the final report of the City Planning Commission. (S.L. 1953, Ch. 194, §1; S.L. 1959, Ch. 812, §1; S.L. 1985, Ch. 49, §1) Amendment note: 1985 Session Laws, Ch. 49, §1, amended §100(h) of Ch. 1184 Session Laws 1949, subsection (b) of this section, by replacing the period after the last sentence with a semicolon and adding the remaining language in that paragraph and adding the next three paragraphs in that subsection.

The City Council shall have the power to create and appoint the members of a board of adjustment for the City of Raleigh pursuant to the provisions of G.S. 160-178, as amended from time to time.

The City Council is authorized to create a fund to be known as the perpetual care fund for the cemetery or cemeteries, for the purpose of perpetually caring for and beautifying the cemetery or cemeteries, and said fund shall be kept by the City as is provided for bequests and gifts for cemetery purposes; and the City Council may make contracts with plat or space owners in the cemetery or cemeteries, obligating the City to keep up and maintain said lots or spaces, in perpetuity, upon payment of such sum or sums as may be fixed by the City Council; and the City Council is further authorized and empowered to accept gifts and bequests for such purposes, or upon such other trusts as the donors may prescribe; and the City Council is authorized to set aside for said perpetual care fund an amount not exceeding twenty-five (25) per cent of the proceeds of sale of cemetery lots. The principal of said funds so appropriated by the City Council for the caring for the cemetery or cemeteries shall be held by the City Council for caring for and beautifying the cemetery or cemeteries, and improving the same. The income from the said fund heretofore or hereafter made shall be used for such purpose of carrying out contracts with the individual plat or space owners for perpetual care of individual plats and spaces. Any gift heretofore or hereafter made to and received by the City, or any of its officers, shall be held and used as a sacred trust fund for the purpose and upon the conditions named in such gifts or bequests, and any and all such funds shall be kept or invested separate and shall not be used for any other purpose, or by the City in its other affairs. The City Treasurer shall keep a separate account of the cemetery funds, and a still further separate account of all special gifts or bequests made by persons for and in connection with the cemetery or cemeteries, and particular lots therein. The City Council shall have the power to make rules and regulations and adopt ordinances for the carrying out of the duties imposed by this section.

(a) It shall be the power of the City of Raleigh and the duty of the City Council of the City of Raleigh, annually, to levy taxes that will raise sufficient funds for the operation and management of the affairs of the City, and shall levy and collect the same in accordance with the provisions as now or may hereafter exist under the general laws of the State of North Carolina; and said City shall have the further power to levy and collect such further taxes as may be approved by a vote of the electorate, and in accordance with such authority with respect thereto as may now or hereafter be granted to said City; provided, all polls and property taxable within the City of Raleigh shall be listed and valued and all property assessed as provided for in the listing, valuation and assessing of the same under the laws which may now or hereafter be applicable to Wake County and/or the City of Raleigh, and said City may levy and collect such license and privilege taxes as may be provided by law and ordinances of the City Council. (b) The ad valorem taxes levied by the City of Raleigh shall constitute a lien upon personal and real property, as provided by the general laws of the State of North Carolina, as the same may now or hereafter be enacted, and the City of Raleigh shall enforce and perfect the same upon personal and real property under the provisions and procedure which may now or hereafter be outlined and provided for in the general laws of the State of North Carolina; provided, further, that in the event that the City of Raleigh shall become the purchaser and owner of any real property in the enforcement of such tax liens, said real property so acquired may be sold at public sale at any time thereafter by the City of Raleigh.

(a) In addition to the foregoing powers and as alternative powers and methods of procedure for the exercise of the power of eminent domain, the City of Raleigh is hereby authorized to use, in the exercise of the power of eminent domain for any lawful purpose, the procedure and authority prescribed in Article 9 of Chapter 136 of the General Statutes of North Carolina, as now or hereafter amended; provided, that whenever therein the words "commission" or "highway commission" or "state highway commission" appear, they shall be deemed to include the "City of Raleigh," and whenever therein the words "director," "Chairman," or "Director of Highways" or "Director of the Highway Commission" or "Chairman of the Highway Commission" appear, they shall be deemed to include the "City Manager." (b) The exercise of eminent domain power under this section shall not apply to property of public utilities. (S.L. 1955, Ch. 145, §1; S.L. 1973, Ch. 319, §1(u)) Editor's note: 1981 Session Laws, Ch. 919, repealed the grant of condemnation authority set out above and instituted uniform eminent domain procedures for all municipalities, codified as Chapter 40A of the General Statutes. 1991 Session Laws, Ch. 312, §1, which amends §2.14(32), restored the right of the City to use G.S. Ch. 136 condemnation procedures.

(a)Petition Unnecessary. In addition as now or may hereafter be granted to the City for making street or sidewalk improvements, the City Council is hereby authorized to order such improvements and to assess the total cost thereof against abutting properties without the necessity of a petition of property owners. (b)Sidewalk Repairs. The Council is further authorized to order or to make sidewalk repairs and driveway repairs across sidewalks according to standards and specifications of the City, and to assess the total cost thereof against abutting properties without the necessity of a petition of property owners. (c)Sidewalk on One Side of Street. If a sidewalk is constructed on only one side of the street, the cost thereof may be assessed against the property abutting on both sides of the street, unless there already exists a sidewalk on the other side of the street, the total cost of which was assessed against the abutting property. (d)Notice to Property Owners. Before the City Council shall order improvements to be made pursuant to subsection (a) or (b) of this section it shall hold a public hearing thereon, and shall give the owners of the property to be assessed, written notice of such public hearing and the proposed action. (e)Assessment Procedure and Effect. In ordering street or sidewalk improvements or sidewalk repairs and assessing the cost thereof, the Council shall follow the procedures provided by the General Statutes for street and sidewalk improvements, except those provisions relating to the petition of property owners and the sufficiency thereof. The effect of levying assessments pursuant to this act shall for all purposes be the same as if they were levied under authority of the General Statutes. (f)Duty of Maintenance for Driveways and Sidewalks. It is the duty of every property owner to maintain the sidewalks and driveways abutting his property in good repair and safe condition. (g)Payment of Assessments. Any special assessment of the City for any purpose amounting to less than one hundred dollars ($100.00) shall be paid in cash within ninety (90) days of confirmation rather than in annual installments, and shall bear interest as taxes. (h)Assessment Where Street Is City Limit Line. In those instances where the City limit line runs along a street or road the City Council may order the improvements and assess the cost thereof against property abutting on both sides of the street as if all the abutting property were within the corporate limits. Regardless of whether the improvement is ordered pursuant to this section or other general law. (i)Assessments Against Cemeteries. Assessments shall not be made against property owned or held for the sole purpose of burial of the dead unless the City of Raleigh assumes and pays for such assessment. (j)Supplementary Authorization. The procedure herein outlined shall be supplementary in addition to all other procedure authorized by law relating to improvements or special assessments. (S.L. 1953, Ch. 96, §1; S.L. 1953, Ch. 747, §1; S.L. 1955, Ch. 672, §1; S.L. 1955, Ch. 863, §1; S.L. 1957, Ch. 489, §1; S.L. 1963, Ch. 15, §1; S.L. 1965, Ch. 221; S.L. 1965, Ch. 434, §1; S.L. 1965, Ch. 612, §1; S.L. 1971, Ch. 1209, §1(d); S.L. 1975, Ch. 561, §10; S.L. 1969, Ch. 974, §1) Annotation: R.R. Co. v. City of Raleigh, 277 N.C. 709, 178 S.E. 2nd 422 (1971). Exemptions from public assessments contained in the General Statutes control over local charter and local acts. Editor's note: 1971 Session Laws, Ch. 1209, §1(d), repealed former §6.44 entitled, "Local improvements" and enacted in lieu thereof §6.44 as herein set out.

(a) The City Council of the City of Raleigh, the City Manager, the City Accountant, the City Clerk and the City Treasurer, are respectively vested with all of the powers and authority, and are respectively charged with the functions and duties, and are subject to the restrictions and limitations of the following general laws of the State of North Carolina, as amended: (b) The Municipal Finance Act, the Fiscal Control Act, the Local Government Act, the Revenue Bond Act, the Municipal Capital Reserve Act, and all other general laws of the State applicable to the financial powers, duties and functions of municipalities and municipal financial and accounting officers. (c) It shall be the ultimate responsibility of the City Manager to prepare and submit to the City Council the budget estimate as required by the Fiscal Control Act.

(a) No action shall be instituted or maintained against the City of Raleigh upon any claim or demand whatsoever, of any kind or character, until the claimant shall have first presented his or her claim or demand in writing to the City Council, who shall have declined to pay or settle the same as presented or for ten days after such presentation neglected to enter or cause to be entered upon its minutes its determination in regard thereto; but nothing herein contained shall be construed to prevent any statute of limitation from commencing to run at the time such claim accrued or demand arose, or in any manner interfere with its running. (b) No action for damages against the City of any character whatever, to either person or property, real or personal, including damages for the taking and/or appropriation of private property of any kind, shall be instituted against the City of Raleigh, unless within ninety days after the happening, or the infliction of injury or damage to person or property, or the taking or appropriation of property, or other act of the City complained of, the complainant, his executors or administrators, shall have given notice in writing to the City Council of the City of Raleigh of such injury, damage, taking, appropriation, or other act complained of, stating in such notice the date and place of such injury or damage, the taking and appropriation of property, the manner of such infliction or other action complained of, the character of the injury or damage, and the amount of damages claimed therefor; but this shall not prevent any time of limitation prescribed by law from commencing to run at the date of the happening of such injury or damage, taking or appropriation of property, or other act complained of, or in any manner interfere with its running.

In all provisions of this charter and the ordinances that are now or to be hereafter enforced in the City of Raleigh, that fix any time for doing or performing any act, the time shall be eastern standard time, and all persons, firms and corporations who are granted license by the City, shall be held to have accepted the same on the conditions that the same time shall govern; provided, that in the event what is commonly known as daylight saving time shall be adopted by the City Council or otherwise by law, then in such event such time shall be considered to be in force and effect with respect to the provisions of this section in lieu of eastern standard time.

The City Council of the City of Raleigh is hereby authorized and empowered, in its discretion, to combine and consolidate, any two or more departments, or to discontinue any department, herewith provided for when deemed wise or expedient for saving or efficiency.

If any clause, sentence, paragraph, subsection, section or any part of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the part thereof directly involved in said judgment. If any part of clause of this act shall be declared unconstitutional, and if such part so declared unconstitutional embraces subject matter controlled and provided for by any law, public or private, in effect at the time of the adoption of this act, such pre-existing laws shall continue and remain in effect, notwithstanding any repealing clause contained herein.

Except as specifically incorporated into the provisions of this act, the following laws are hereby repealed; Chapter 59 of the Private Laws of North Carolina 1913; Chapter 60 of the Private Laws of North Carolina 1913; Chapter 63 of the Private Laws of North Carolina 1923; Chapter 207 of the Private Laws of North Carolina, 1927; Chapter 11 of the Private Laws of North Carolina 1933; Chapter 112, Private Laws 1935; Chapter 552 of the Session Laws of North Carolina 1945; and all other laws and clauses of laws in conflict with provisions of this act are hereby repealed; provided that nothing in this act shall authorize or empower the City to fix, supervise or control the rates and services of any public utility which are now, or may hereafter be subject to jurisdiction of the North Carolina Utilities Commission, and provided that nothing in this act shall have the effect of authorizing or empowering the City to assess, levy or collect any franchise, license or privilege tax which the City is now, or may hereafter be, prohibited from assessing, levying or collecting under and by virtue of the provisions of the North Carolina Revenue Act or other public laws; provided, further, that the provisions of Chapter 246 of the Public-Local Laws of North Carolina, Extra Session 1921, insofar as applicable to the City of Raleigh, are hereby repealed; provided, however, that all powers, duties, functions and authority vested by any statute not hereby repealed, in the Board of Commissioners of the City of Raleigh, howsoever designated, or in the several commissioners of the City of Raleigh, howsoever designated, shall be vested in the City Council of the City of Raleigh and shall be performed, exercised and administered by the City Council or the City Manager of the City of Raleigh in accordance with the terms and provisions of this act.

This act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified, this the 23rd day of April 1949. The Charter  TABLE OF RELATED LOCAL LAWS Date Type Law Chapter Subject Disposition 1840 Priv. L. 6 Rex Hospital Trustees nomination 1887 Pub. L. 380 Pollution of Walnut Creek 1891 Priv. L. 243 Charter amendment 1895 Priv. L. 263 Charter amendment 1899 Priv. L. 153 Charter amendment 1899 Pub. L. 538 Mills removed from Walnut Creek 1899 Pub. L. 704 Sewerage system connection by NCSU 1905 Priv. L. 36 Charter amendment 1907 Priv. L. 1 Charter amendment 1913 Priv. L. 59 Charter amendment 1927 Priv. L. 156 Thoroughfare plan 1937 Pub.-Local L. 535 Wake-Raleigh Bureau of Identification 1937 Pub.-Local L. 598 Council appointments to County Board of Welfare 1939 Pub.-Local L. 98 Nomination of Rex trustees 1939 Pub.-Local L. 168 Airport authority 1941 Pub. L. 270 Council appointments to County Board of Welfare 1941 Pub.-Local L. 292 Condemnation of cemeteries 1945 Sess. L. 79 Representation on RDU 1947 Sess. L. 258 Police Chief return to ranks 1947 Sess. L. 418 Delinquent tax adjustments 1947 Sess. L. 858 Public property acquired by dedication 1949 Sess. L. 380 Tax collection consolidation 1949 Sess. L. 539 Electrical and plumbing installation inspection 1949 Sess. L. 1184 New Charter 1.17.6 1951 Sess. L. 1132 State-City cooperation in Long-range planning 1951 Sess. L. 1220 Confederate Soldier's Home conveyed to City for park 1953 Sess. L. 96 Streets classified for assessments 6.44 1953 Sess. L. 193 Charter amendment, public contracts and purchases; procedure 6.11 1953 Sess. L. 194 Charter amendment, zoning regulations 6.39 1953 Sess. L. 347 Charter amendment, recall of officials 4.2 1953 Sess. L. 747 Limited force paving 6.44 1953 Sess. L. 1130 ABC store locations 1955 Sess. L. 145 Charter amendment, condemnation powers and procedures 6.43 1955 Sess. L. 180 Capital reserve fund 1955 Sess. L. 222 Sale of City Hall property 1955 Sess. L. 627 Charter amendment, corporate limits 1.3 1955 Sess. L. 672 Charter amendment, forced paving 6.44 1955 Sess. L. 863 Charter amendment, forced paving 6.44 1955 Sess. L. 921 Subdivision regulations 1955 Sess. L. 1096 RDU enabling act amended 1955 Sess. L. 1183 Boxing commission 1955 Sess. L. 1184 Volunteer police and firemen 1957 (extra sess. 1956) Sess. L. 4 Social security 1957 Sess. L. 107 Charter amendment, Chief and Department of Police 6.22 1957 Sess. L. 121 Charter amendment, appointment and removal of officers 3.3 1957 Sess. L. 122 Charter amendment, City-owned utilities 6.28 1957 Sess. L. 341 Charter amendment, compensation; Mayor and Council 2.12 1957 Sess. L. 455 RDU amendment 1957 Sess. L. 489 Forced paving 6.44 1957 Sess. L. 970 Charter amendment, City Council, initiative and referendum 2.4, 2.8, 2.16 1959 Sess. L. 258 Civil service 1959 Sess. L. 259 Charter amendment, effective date of ordinances 2.8 1959 Sess. L. 642 Research Triangle Regional Planning Commission 1959 Sess. L. 755 RDU amendment 1959 Sess. L. 812 Charter amendment, zoning regulations 6.39 1959 Sess. L. 813 Charter amendment, express powers of City; employee insurance 2.14 1961 Sess. L. 220 Charter amendment, express powers of City; advertising advantages of City to industry 2.14 1961 Sess. L. 800 Charter amendment, power and organization of City Council; first meeting of newly elected Council 2.3 1961 Sess. L. 860 Wake-Raleigh Bureau of Identification 1961 Sess. L. 895 Sewerage extension assessments 1963 Sess. L. 15 Forced paving 6.44 1963 Sess. L. 87 Charter amendment, express powers of City; franchise license or privilege license tax 2.14 1963 Sess. L. 143 Late tax penalties exemption 1963 Sess. L. 315 Sewerage extension assessments 1963 Sess. L. 714 Insurance for employees 2.14(31) 1963 Sess. L. 907 Water contract with Brookhaven, Incorporated 1965 Sess. L. 218 Charter amendment, public contracts and purchases, procedure 6.116.13 1965 Sess. L. 221 Charter amendment, paving petitions 6.44 1965 Sess. L. 277 Collection of special assessments 1965 Sess. L. 434 Charter amendment, forced paving 6.44 1965 Sess. L. 612 Charter amendment, sidewalk assessments 6.44 1965 Sess. L. 1002 Council appointee on Capitol Planning Commission 1965 Sess. L. 1056 Sewerage extension assessments 1967 Sess. L. 26 Charter amendment, general rights and powers 1.5 1967 Sess. L. 71 Charter amendment, express powers of City 2.14 1967 Sess. L. 741 Charter amendment, ordinances; vote for final passage 2.7 1967 Sess. L. 781 RDU property conveyance to state 1967 Sess. L. 915 Charter amendment, granting of franchises 2.11 1967 Sess. L. 989 Satellite annexation 1969 Sess. L. 58 Voting by annexed residents 1969 Sess. L. 383 Charter amendment, power and organization of City Council, express powers of City 2.3, 2.14 1969 Sess. L. 421 Firemen's retirement 1969 Sess. L. 974 Paving petitions 1971 Sess. L. 992 Civic Center Authority 1971 Sess. L. 1154 Joint Civil Service Act 1971 Sess. L. 1209 Charter amendment, express powers; Department of Parks and Recreation; streets and sidewalks 2.14, 6.34, 6.44 1971 Sess. L. 1210 Soil erosion 1973 Sess. L. 102 Board of Education 1973 Sess. L. 174 Annexation 1973 Sess. L. 319 Charter amendment, various subjects 2.2, 2.14, 3.5, 4.14.4, 5.6, 6.37, 6.38, 6.43 1973 Sess. L. 221 Airport Authority 1973 Sess. L. 334 Board of Education 1973 Sess. L. 361 Rex Hospital trustee 1973 Sess. L. 476 Historic Sites Commission abolished 1973 Sess. L. 619 Charter amendment, corporate limits 1.3 1973 Sess. L. 730 Bingo and skilo 1973 (2d sess. 1974) Sess. L. 850 Charter amendment, Civic Center 2.14 1973 (2d sess. 1974) Sess. L. 1056 Board of Education 1973 (2d sess. 1974) Sess. L. 1268 Rex Hospital bonds 1973 (2d sess. 1974) Sess. L. 1269 Bingo and skilo 1973 (2d sess. 1974) Sess. L. 1382 Deer hunting with dogs 1975 Sess. L. 347 School raffles 1975 Sess. L. 504 Firemen's retirement 1975 Sess. L. 505 Wake-Raleigh Bureau of Identification 1975 Sess. L. 537 Charter amendment, community development 2.14(77) 1975 Sess. L. 561 Charter amendments, various subjects 2.14, 4.1, 5.3, 6.44 1975 Sess. L. 595 Ambulance service lines 1975 Sess. L. 717 County-City school merger 1975 Sess. L. 904 Capitol Mall 1977 Sess. L. 76 Redevelopment Commission 1977 Sess. L. 135 Medical Center parking deck 1977 Sess. L. 321 Board of Education 1977 Sess. L. 350 Wake-Raleigh Bureau of Identification 1977 Sess. L. 351 Annexations 1977 Sess. L. 724 Rex Hospital financing 1977 Sess. L. 1022 Mall appropriation July 5, 1978 Ord. No. 1978-837 Charter amendment, election methods 2.2 1979 Sess. L. 275 Fayetteville St. Mall lease exception 1979 Sess. L. 277 Charter amendment, parking violations 2.14(37) 1979 Sess. L. 328 Firemen's supplemental retirement fund 1979 Sess. L. 664 Charter amendment, campaign filing requirements 2.8, 4.1(a) 1979 (2d sess. 1980) Sess. L. 1169 Historic Property Commission subcommittee permits 1979 (2d sess. 1980) Sess. L. 1275 De-annexation of property 1981 Sess. L. 241 Civil Service Act 1981 Sess. L. 255 Revolvers purchased by police officers 1981 Sess. L. 556 Wake election appeals 1981 Sess. L. 696 Towing of vehicles from State-owned property 1981 Sess. L. 711 Rex Hospital trustees 1981 Sess. L. 742 Manner of election of County Board of Education 1981 Sess. L. 813 Permits professional boxing in County 1981 Sess. L. 992 Charter amendment, economic development projects land acquisition and disposal 2.14(76) 1981 Sess. L. 1021 Methodist Home property appropriation 1981 (1982 reg. session) Sess. L. 1166 Charter amendment, economic development projects land acquisition and disposal time extension 2.14(76) 1981 (1982 reg. session) Sess. L. 1192 Raleigh/Durham Airport Authority Condemnation 1981 (1982 reg. session) Sess. L. 1250 Auto tax increase 1983 Sess. L. 75 Auto tax to $5 1983 Sess. L. 159 Charter amendment, economic development projects land acquisition and disposal time extension 2.14(76) 1983 Sess. L. 211 Utility assessments formula 1983 Sess. L. 272 Charter amendment, public improvements site reservations/street construction outside corporate limits 2.14(78), (79) 1985 Sess. L. 35 Charter amendment, economic development projects land acquisition and disposal time extension 2.14(76) 1985 Sess. L. 49 Charter amendment, zoning 6.39(b) 1985 Sess. L. 281 Authorizes flexible procedures for disposition of redevelopment property 1985 Sess. L. 498 Charter amendment, site plans, subdivisions 2.14(63), (80)(84) 1985 Sess. L. 556 Eminent domain powers for open space 1986 Sess. L. 850 Authorizes levy of occupancy taxes 1987 Sess. L. 91 Removal of certain property from city limits 1987 Sess. L. 365 Charter amendment, economic development projects land acquisition and disposal time extension 2.14(76) 1987 Sess. L. 514 Charter amendment, facility fee enabling legislation 2.14(80), (81)(c)(4), (82)(a)(2), (c)(4), (84), (86) 1987 Sess. L. 653 Housing programs and activities for low- and moderate-income persons 1988 Sess. L. 914 Wake-Raleigh Bureau of Identification 1988 Sess. L. 998 Levy of $10.00 motor vehicle tax 1988 Sess. L. 1085 Housing option appropriation 1988 Sess. L. 1100 Murphy School lease 1989 Sess. L. 279 Procedure for permanently closing streets and alleys 1989 Sess. L. 511 Naming and renaming streets 1989 (1990 reg. session) Sess. L. 816 Charter amendment, adds age and handicap to authorized purposes of fair housing laws 2.14(72) 1989 (1990 reg. session) Sess. L. 817 Civil Service Act amendment 1989 (1990 reg. session) Sess. L. 917 Firemen's retirement 1989 (1990 reg. session) Sess. L. 1043 Regulation of stormwater 1991 Sess. L. 229 Levy of $15.00 motor vehicle tax 1991 Sess. L. 312 Charter amendment, condemnation of property, building inspections 2.14(32), (46), 3.9 1991 Sess. L. 594 Authorizes County to levy room occupancy and prepared food and beverage tax 1991 (1992 reg. session) Sess. L. 843 Charter amendment, allows for contracts with federal agencies to assist other governments 2.14(85) 1991 (1992 reg. session) Sess. L. 856 Amend civil service act—political activity 1993 Sess. L. 168 Historic District Commission subcommittee permits 1994 (1993 reg. session) Sess. L. 649 Charter amendment City employee purchase and lease of real property 3.9, 33(b) 1995 Sess. L. 323 Regulate begging on state highway system streets; Charter amendment City employee purchase of mulch and sewer fertilizer 3.9 1995 Sess. L. 381 Use of wheel locks on illegally parked vehicles 1995 Sess. L. 458 Centennial auth.; food and beverage tax amendment 1996 (1995 reg. session) Sess. L. 640 Garner deannexation 1997 Sess. L. 39 Police may donate unclaimed bicycles to charity 1997 Sess. L. 316 Sprinkler systems in fraternity and sorority houses 1997 Sess. L. 460 Supplementary retirement benefits for firemen 1998 (1997 reg. session) Sess. L. 200(1) Satellite annexations 1998 (1997 reg. session) Sess. L. 200(2) Self-funded risk program in lieu of insurance 1998 (1997 reg. session) Sess. L. 192 Swift County Management Plan PART 1 GENERAL GOVERNMENT

(a) The corporate limits of the City and the limits of the five (5) electoral districts of the City, designated as districts A, B, C, D, and E are and shall be those shown on a map, the preparation of which was authorized by the City Council at its regular meeting held on May 7, 1973. The precise metes and bounds descriptions of the elements of the corporate limits shall be those prescribed by the annexation ordinances relating to those elements, respectively. The specific metes and bounds descriptions of the districts' boundaries shall be those prescribed in official actions of the County Board of Elections establishing the boundary lines of precincts upon which the district boundaries are superimposed and with which they are coincident. Such map shall be labeled and referred to as follows: "Corporate Limits and Electoral District Limits—Number 1—May 7, 1973." (b) The map of the corporate limits and electoral districts of the Cityshall be the official map of such and shall so continue until officially revised by the Planning Director and Chief Engineer pursuant to appropriate action of the Council. The map and all revisions thereof shall be kept on file by the City Clerk for public inspection. (Code 1959, §1-6) Charter references: Mode of election of Council, §2.2; elections generally, Art. IV. State law reference: Electoral districts, map requirements, G.S. 160A-23.

The Council shall hold regular meetings on the first and third Tuesdays of each month except as otherwise determined by the Council. Additional regular meetings may be held by the Council through adoption of an annual meeting schedule, which shall be maintained by the City Clerk. (Code 1959, §2-1(a); Ord. No. 1995-760-TC-122, §1, TC-20C-95, 11-21-95; Ord. No. 2020-57 , §1, 2-18-20; Ord. No. (2023) 532 , § 1, 7-5-23) Charter reference: Meetings of the Council, §2.4.

Special meetings of the Councilmay be called at any time by the Mayor, the Mayor Pro Tem, or by any two (2) members of the Council, by causing a written notice, setting the time, place and purpose of holding such meeting and signed by the person or persons calling the meeting, to be served as provided in §2.4 of the Charter. The City Clerk shall prepare or cause to be prepared written or electronic notices of all special meetings of the Council as required by law. (Code 1959, §2-2; Ord. No. 2020-57 , §§2, 3, 2-18-20) Charter reference: Meetings of the Council, §2.4. State law reference: Procedures for the holding of regular and special meetings, G.S. 160A-71; Public notice requirements for official meetings, G.S. 143-318.12.

The Mayor, or in the Mayor's absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Mayor Pro Tem, the City Clerk, or an assistant, shall call the Council to order, whereupon a temporary Chair shall be elected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tem, the temporary Chair shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. (Code 1959, §2-3; Ord. No. 2020-57 , §4, 2-18-20)

(a) The Mayor and Council members shall receive compensation for services in such sums as may be just and reasonable. The Councilmay fix compensation for Council members and for the Mayor as a part of the annual budget adoption with changes to be effective on the date specified. If no date is provided, changes shall be effective on July 1. After budget adoption, compensation for the Mayor and Council members may not be reduced except in accordance with law. Increases in compensation proposed in the budget should follow the average merit increase recommended for the broadband pay system. (b) Council members are eligible to participate in the City's health, dental and voluntary enrollment insurance programs. (Code 1959, §2-3.1; Ord. No. 1987-576A, §§1—3, 6-18-87; Ord. No. 1990-468, §§1—3, 1-2-90; Ord. No. 2012-69, §1, 6-18-12, eff. 7-1-12; Ord. No. 2013-208, §§1—3, 6-18-13, eff. 7-1-13; Ord. No. 2013-221, §1, 9-3-13; Ord. No. 2014-319, §§1—3, 6-9-14, eff. 7-1-14; Ord. No. 2015-454, §§1—3, 6-15-15, eff. 7-1-15 ; Ord. No. 2016-604, §§1—3, 6-20-16, eff. 7-1-16 ; Ord. No. 2018-850, §1, 6-11-18, eff. 10-1-18 ; Ord. No. 2022-441 , §1, 11-15-22) State law references: Authority of Mayor and Council to establish levels of compensation, G.S. 160-64.

A written or electronic agenda with all necessary supporting materials shall be prepared under the direction of the City Manager and delivered to each Council member prior to each meeting of the Council. (Ord. No. 2020-57 , §5, 2-18-20)

(a) Except as otherwise provided by law, all meetings of the Councilshall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the Council, the City Manager, the City Clerk and the City Attorney shall take their regular stations in the Council chamber; and the business of the Councilshall be taken up for consideration and disposition in the following order for the first and third Tuesday meetings: (1) Consent agenda. (2) Public comment (for third Tuesday meeting only unless necessary to meet requirements of G.S. § 160A-81.1 and Section 1-1036 of the City Code). (3) Report and recommendation of the Planning Commission. (4) Special items. (5) Report and recommendation of the City Manager. (6) Reports of Boards and Commissions. (7) Public hearings (unless scheduled for the evening meeting). (8) Council committee reports. (9) Report of Mayor and Council Members. (10) Appointments. (11) Nominations. (12) Report and recommendation of City Attorney. (13) Report and recommendation of City Clerk. (14) Closed session (if necessary). (b) The order of business may not be departed from except by consent of a majority of the Council present. (Ord. No. 1993-224, §1, 7-6-93; Ord. No. 1998-454, §1, 11-4-98; Ord. No. 2020-57 , §6, 2-18-20; Ord. No. 2021-266 , §1, 8-18-21; Ord. No. (2023) 532 , § 2, 7-5-23) Charter references: Quorum and conduct of business, §2.5; adoption of rules of procedure, §2.6. State law reference: Meetings of public deliberative bodies, G.S. 143-318.1 et seq.

Minutes of all Council meetings shall be kept and recorded by the City Clerk in a permanent minute book. They shall be presented to the Council for approval. Correction of minutes of preceding meetings may be made only by a majority vote of the members of the Council present. (Code 1959, §2-7)

Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. (Code 1959, §2-8; Ord. No. 2020-57 , §1, 2-18-20)

(a)Presiding officer may debate and vote, etc. The Mayor or such other member of the Council who may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any rights and privileges of a Council member by reason of his acting as the presiding officer. (b)Getting the floor; improper references to be avoided. Every member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c)Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, be called to order, the member shall cease speaking until the question of order be determined, and if in order, the member shall be permitted to proceed. (d)Privilege of closing debate. The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e)Motion to reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side but may be seconded by any member and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. (f)Remarks of council member, when entered in minutes. A Council member may request, through the presiding officer, the privilege of having an abstract of the member's statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (Code 1959, §2-9)

Any person desiring to address the Councilshall first secure the permission of the presiding officer to do so. Proponents of a proposal shall first be heard; then opponents; and proponents shall then close the debate if their time remains. No further argument will be permitted except by consent of the Council. An equal amount of time shall be allotted to proponents and opponents. The presiding officer shall set the amount of time allotted to proponents and opponents for each hearing. (Ord. No. 2020-57 , §§8, 9, 2-18-20)

Each person addressing the Councilshall give the person's name and address in an audible tone of voice for the records. No question shall be asked a Council member except through the presiding officer. (Code 1959, §2-1D; Ord. No. 2020-57 , §§10, 11, 2-18-20)

Unless a member of the Council is excused from voting in accordance with State law, the member's silence shall be recorded as an affirmative vote except as otherwise required by State law. (Ord. No. 2020-57 , §12, 2-18-20) Charter reference: Ordinance requirements, effective date, §§2.7, 2.8. State law reference: Voting, G.S. 160A-75.

(a)By Council Members: While the Council is in session, the members must preserve order and decorum; and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided. (b)The Councilmay establish rules providing for maintenance of order and decorum for addressing the Council. (Code 1959, §2-13; Ord. No. 2020-57 , §§13—15, 2-18-20) State law reference(s)—Authority of Council to establish rules providing for maintenance of order and decorum during public comment period, G.S. 160A-81.1.

The Mayor or presiding officer shall enforce rules set by the Council. Any person who violates the order and decorum of a Council meeting shall be guilty of a misdemeanor. When directed by the Mayor or presiding officer, the Chief of Police or a member of the Police Department, shall carry out all lawful orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. (Code 1959, §2-14; Ord. No. 1978-748, §1, 3-14-78; Ord. No. 2020-57 , §§16, 17, 2-18-20) State law reference(s)—A person who willfully interrupts, disturbs, or disrupts an official meeting and who, upon being directed to leave the meeting by the presiding officer, willfully refuses to leave the meeting is guilty of a Class 2 misdemeanor. G.S. 143-318.17.

All committees of the Councilshall be appointed by the presiding officer, unless otherwise directed by the Council. (Code 1959, §2-15; Ord. No. 2020-57 , §18, 2-18-20)

North Carolina General Statute § 160A-81.1 requires that the City Council provide at least one (1) period for public comment per month at a regular meeting of the Council in any month where a regular meeting is held. A public comment period shall be added to a regular meeting if necessary to comply with G.S. § 160A-81.1. ( Ord. No. (2023) 532 , § 3, 7-5-23) Editor's note: Previously, Ord. No. 2016-532, §1, adopted Jan. 5, 2016 , repealed §1-1036, which pertained to standing committees; membership; designation and derived from Code 1959, §2-16; Ord. No. 1987-92, §1, adopted Dec. 1, 1987; Ord. No. 1993-290, §1, Dec. 7, 1993; Ord. No. 1998-454, §2, adopted Nov. 4, 1998.

When matters are placed before the City Council, the Mayor or, in his absence, such other presiding officershall have the power to refer them to an appropriate committee. If two (2) or more members of the Council object to any referral, the Mayor or other presiding officershall place the question to a vote. The issue for decision will be: "Shall the matter be referred to the indicated committee?" If the issue passes with five (5) votes, the matter shall be thus referred. If the issue fails to receive (5) votes, the matter shall remain before the Council. The matter shall remain before the Council until, by five (5) votes of the Council, the matter is referred or otherwise disposed of. (Code 1959, §2-23.1)

Each committee shall make its reports in writing and the City Clerk shall retain all petitions, resolutions, accounts or other papers submitted for consideration. (Code 1959, §2-17; Ord. No. 2020-57 , §19, 2-18-20)

The rules contained in this article, so far as they are applicable, shall be followed at meetings of the Council committees. (Code 1959, §2-18)

Any member shall have the right to have the reasons for the member's dissent from, or protest against, any action of the Council entered on the minutes. (Code 1959, §2-19)

(a)Preparation of Ordinances: All ordinances, except ordinances of a routine nature which are prepared by the City Clerk on forms which have been approved by the Council, shall be prepared by or have the approval as to form and legality of the City or the City Attorney's authorized representative. (b)Prior Approval by Administrative Staff: All ordinances, resolutions and contract documents shall be prepared or approved as to form and legality by the City Attorney or the City Attorney's authorized representative, and shall have been reviewed by the City Manager or the City Manager's authorized representative, where there are substantive matters of administration involved. (c)Introducing for Passage or Approval: Ordinances, resolutions and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council. (Ord. No. 2020-57 , §§20, 21, 2-18-20) Charter reference: Initiative and referendum by petition of citizens, §2.16.

A motion to adjourn shall always be in order and decided without debate. (Code 1959, §2-22)

Procedural matters not covered by the rules contained in this article shall be governed by Robert's Rules of Order. (Code 1959, §2-23) Charter reference: Organization, officers, rules, meetings, §2.3et seq.

(a)Definition: A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property. (b)Proclamation: In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the City, or threatening danger to or destruction of property, the Mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the City, to place in effect any or all of the restrictions hereinafter authorized. (c)Mayor's Powers: The Mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits of the City and to specific hours of the day or night; and to exempt from all or any part of such restrictions law enforcement officers, Fire Department officers and other public employees, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel, whether state or Federal; on-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the City. (d)End of State of Emergency: The Mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the Council. (e)Restrictions During Emergency: During the existence of a proclaimed state of emergency, the Mayor may impose by proclamation any or all of the following restrictions: (1) Prohibit or regulate the possession off one's own premises of explosives, firearms, ammunition or dangerous weapons of any kind, and prohibit the purchase, sale, transfer or other disposition thereof. (2) Prohibit or regulate the buying or selling of beer, wine or intoxicating beverages of any kind, and their possession or consumption off one's own premises. (3) Prohibit or regulate any demonstration, parade, march, vigil or participation therein when taking place on any of the public ways or upon any public property. (4) Prohibit or regulate the sale of gasoline, kerosene, naphtha or any other explosive or flammable fluids or substances. (5) Prohibit or regulate travel upon any public street, alley or roadway or upon any other public property and to except those in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof. (6) Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment, and any other public assembly of any nature whatsoever. (f)Subsequent Proclamation: Any proclamation may be extended, altered or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation. (g)Unlawful Acts: During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this section. (h)List of Council Members To Act in Mayor's Stead: Each January after the biannual elections for City Council members, the City Council shall establish a list of Council members designated to act in the Mayor's stead during emergency situations when the Mayor is unavailable. The list shall be by priority with the person available and nearest the top of the list designated to act for the Mayor. If the Mayor becomes available during the pendency of an emergency situation, the person acting in his stead shall relinquish the authority granted by §1-1051 to the Mayor. (Code 1959, §2-65; Ord. No. 1982-860, §2, 3-9-82; Ord. No. 1986-736, §2, 2-18-86; Ord. No. 2016-532, §2, 1-5-16 ) State law reference: Authority of the Mayor to impose restrictions during states of emergency, G.S. 14-288.12.

It shall be the duty of the City Attorney to prosecute and to defend all suits-at-law or in equity in which the City may become the plaintiff or defendant in any such suit; to render advisory opinions to the Mayor, the Council, the City Manager, and the heads of the various departments of the City; and it shall be the City Attorney's duty, when required to do so, to attend the meetings of the Council and to prepare such deeds, contracts, bonds and other legal papers as may be required for the City's business, and to perform such other services of a legal nature as required by the Council. It shall be the duty of the City Attorney and the Associate City Attorneys to institute and litigate all civil actions and proceedings required for the foreclosure of liens against real estate on account of delinquent taxes and/or assessments for special improvements, when requested to take such action by the Director of Finance or by the Council. The Councilshall have power and authority to employ additional counsel in special cases when considered expedient by a majority of the Council. Charter reference: Appointment and duties, §§5.2, 5.6. State law reference: Duties of City Attorney, G.S. 160A-173.

No account or demand against the City, except those arising under valid contracts or under the provisions of the Workmen's Compensation Act or a City ordinance, shall be paid until payment has been approved by the Council. Small tort claims against the City which do not exceed one hundred dollars ($100.00) shall be acted upon by the City Attorney without being reported in advance to the Council, and if approved, shall be paid from a fund appropriated by the Council for that purpose; but the City Attorney shall report his action on all such claims to the City Council not less often than every three (3) months. (Code 1959, §2-20) Cross reference: Tort claims by the City, Part 14, Ch. 2.

The City Clerk shall serve as Clerk of the Council, and it shall be the Clerk's duty to: (a) Attend each meeting of the Council and to keep the minutes and records of all the proceedings of the Council in well-bound books provided for that purpose. (b) Preserve all books, papers and writings of all kinds submitted to the Clerk. (c) Maintain custody of all signed petitions with reference to public improvements, and all contracts made and entered into by the City and of all notices and affidavits of publishers with reference to publication of ordinances, budgets or other legal advertisements required to be made by the City. (d) Maintain custody of the official corporate seal of the City and attest and affix the official seal to all documents or instruments of the City required to be so attested and sealed. (e) Maintain custody of all deeds or conveyances of all types made to the City, and it shall be the Clerk's duty to file with the Register of Deeds of the County for the purpose of being recorded in the registry of the County. (f) Account and pay over all moneys which may come into the Clerk's hands by virtue of the Clerk's office. (g) The City Clerk is granted full discretion to advertise public hearings electronically in any manner and for any subject allowed by Chapter 161 of the Session Laws of 2003. (h) Perform such other duties as may be required by law or by the Council. (Ord. No. 2003-516, §1, 9-16-03) Charter reference: Appointment, duties, §§5.2, 5.3. State law references: Duties of the City Clerk, G.S. 160A-71; deputy Clerks, G.S. 160A-172.

The City Manager will from time to time prepare an organization chart establishing the various departments and offices necessary to efficiently operate City government. No such plan will be effective until approved by the City Council in a regular meeting. Nothing herein shall prohibit the City Council from modifying any approved organizational structure at any time the Council feels that the improvement would lead to greater governmental efficiency. The functions and duties of City departments and offices shall be as specified in this Code or as otherwise provided by law. (Ord. No. 2014-289, §3, 4-15-14)

(a) As used in this article, the term board or commissionshall mean any committee, subcommittee, commission, board or authority, or other similar agency or group whether advisory, managerial or quasi-judicial, which is appointed or elected to serve the government of the City. (b) As used in this article, the term membershall mean any person appointed, reappointed or confirmed as a member of a board. (Res. 1976-18, §1; Ord. No. 1981-617, §§1, 2, 3-17-81)

(a) All appointments made by the City Council to any commission shall be upon the basis of recommendations made by the Mayor or a member of the Council, and final appointments in all cases shall be made by the Council. (b) Nominations for appointment of a citizen other than a member of the Council to any committee, commission or boardshall be made openly at a regular Council meeting, and no such appointment shall be made except at a regular Council meeting held subsequent to the meeting at which nominations were received. If nominations to fill a vacancy are made at more than one (1) Council meeting, the appointment shall be made at a regular meeting subsequent to the last meeting at which nominations were made. All persons selected for membership on any committee, commission or board shall be residents of the City unless otherwise specified by the ordinance or resolution establishing the body. In cases where City residency is a requirement for membership, the member shall forfeit his seat upon removing his residence from the City. (c) By majority vote of the members of the Council, the Council may declare nominations for an appointment to be closed at any regular meeting. (d) If, by reason of the nature or number of vacancies on a committee, commission or board, an immediate appointment or appointments are required, the Council in its discretion may waive the requirements of this section by a majority vote of the members of theCouncil. Once a person has served six (6) years on any board or commission, they are not eligible for reappointment to that board or commission for a two-year period. (e) The City Clerk shall inform the Council at least sixty (60) days prior to the expiration of a term on any committee, commission or board, and any member of a committee, commission or board resigning prior to the expiration of his term shall give written notice thereof to the Council through the Mayor or the City Clerk. (f) A member of a committee, commission or board shall continue to serve upon expiration of his term until his successor is duly named and qualified, or unless he resigns. (g) All appointments to every commission of the Cityshall be on the basis of a two-year term, except for the incumbent appointees whose reappointment for two (2) years would cause the six-year limitation set out in subsection (a) to be exceeded. Any such incumbents reappointed shall be reappointed for a period which, added to their previous service, shall constitute six (6) years. Appointments shall be staggered to the end that there shall always be one (1) or more incumbents upon any commission. (h) Any City board or commission which desires to have bylaws shall first have the content of such bylaws approved by the City Council. Any amendments to previously approved bylaws shall also require City Council approval. The City Council shall not approve any bylaws which are in conflict with this article or any other section of this Code. Any bylaws in use on November 21, 1989, shall be submitted to the City Council for approval and shall become null and void if not approved by the City Council within ninety (90) days from November 21, 1989. (Code 1959, §2-18.1; Res. 1974-160A, §2; Ord. No. 1979-76, 5-1-79; Ord. No. 1981-617, §3, 3-17-81; Ord. No. 1984-392, §1, 8-7-84; Ord. No. 1986-761, §1, 4-1-86; Ord. No. 1989-462, §1, 11-21-89; Ord. No. 1993-161, §1, 4-6-93)

(a) An appointee may serve on any one (1) commission no more than three (3) two-year terms in succession. (b) No personshall serve on more than two (2) commissions at any one (1) time. (c) The Council hereby establishes a policy of attempting to include on each commission a member less than twenty-one (21) years of age. (Res. 1974-160A, §§3—5; Ord. No. 1981-699, §1, 7-7-81; Ord. No. 1986-761, §2, 4-1-86)

Any member of any board who is absent without being excused from three (3) consecutive meetings of such boardmay, upon recommendation of the chairperson or otherwise designated officer of such board, be removed or replaced by the Council. (Res. 1976-18, §3) Secs. 1-4005—1-4010. RESERVED.

There is hereby established an Environmental Advisory Board (hereinafter referred to as the Board) for the purpose of advising the City Council on matters related to the environment on which the Council deems it appropriate or necessary to receive advice. The Board will conduct only activities specifically referred to it by City Council. (Ord. No. 2006-56, §1, 6-20-06)

The Board created herein shall consist of nine (9) persons to be appointed by the City Council for a period of two (2) years. (Ord. No. 2006-56, §1, 6-20-06; Ord. No. 2008-358, §1, 3-4-08)

The Board shall organize and adopt administrative rules and procedures necessary to accomplish its purposes, and elect from its members a chairperson and a vice-chairperson. All regular and special meetings of the Board shall be open to the public as governed by North Carolina General Statute Section 143-318(1), Meetings of Governmental Bodies. Any person shall be entitled and encouraged to appear and be heard on any matter pertaining to environmental management issues referred by the Council to the Board. Regular Board meetings shall be held quarterly. The chairperson or, in his/her absence, the vice-chairperson may call a special meeting of the Board at any time giving oral or written notice, in compliance with North Carolina General Statutes governing meetings, to all members. Special meetings shall be scheduled upon request of four (4) or more Board members. Notice of special meetings shall comply with open meeting laws. (Ord. No. 2006-56, §1, 6-20-06)

(1) Advise the Council regarding comments to other governmental units and agencies on the position of the City of Raleigh with regard to environmental matters. (2) Advise the City Council on matters relating to fuel efficiency. (3) Advise the City Council on matters relating to environmental education and awareness. (4) Advise the City Council on matters relating to environmental awards and recognition programs. (5) Advise the City Council on policies that the City of Raleigh should implement or amend as requested by Council. (6) Advise the City Council on such other matters related to environmental quality and safety as the Council shall refer to said Board. (Ord. No. 2006-56, §1, 6-20-06)

There is hereby established a Community Engagement Board (hereinafter referred to in this article as the "Board") for the purpose of advising the City Council on matters related to community engagement on which the Council deems it appropriate or necessary to receive advice. The Board will conduct only activities specifically referred to it by City Council or as described in the Board's annual workplan presented to and approved by the City Council. ( Ord. No. 2022-364 , § 1, 5-17-22)

The Board created herein shall consist of sixteen (16) persons to be appointed by the City Council for a period of up two (2) years. Of the sixteen (16) Board members, eight (8) community representative members shall be nominated by the Office of Community Engagement and eight (8) general members shall be nominated by the City Council. The Office of Community Engagement should seek community representative member nominees that include long-time Raleigh residents; new Raleigh residents; local black, indigenous, persons of color (BIPOC) business owners; renters; young adults (ages eighteen (18) to twenty-three (23)); Senior Adults (ages sixty-five (65) and older); community leaders; and first-time board or commission members. ( Ord. No. 2022-364 , § 1, 5-17-22)

The Board shall organize and adopt administrative rules and procedures necessary to accomplish its purposes and elect from its members a chairperson and a vice-chairperson. All regular and special meetings of the Board shall be open to the public as governed by North Carolina law. Any person shall be entitled and encouraged to appear and be heard on any matter pertaining to environmental management issues referred by the Council to the Board. Regular Board meetings shall be held monthly or an alternate schedule set by the Board. The chairperson or, in his/her absence, the vice-chairperson may call a special meeting of the Board at any time giving oral or written notice, in compliance with applicable North Carolina General law governing notice of public meetings, to all members. Special meetings shall be scheduled upon request of seven (7) or more Board members. Notice of special meetings shall comply with open meeting laws. ( Ord. No. 2022-364 , § 1, 5-17-22)

The purpose of the Board shall be to: (1) Advise the City Council on matters relating to existing community engagement policies, practices and recommendations for improvements thereto. (2) Advise the City Council on matters relating to elevating the voices and needs of communities that have been underinvested and historically marginalized. (3) Advise the City Council on matters relating to developing and implementing equitable community engagement strategies. (4) Advise the City Council on matters relating to public outreach to community members and convening stakeholders to promote opportunities for engagement. (5) Advise the City Council on such other matters related to community engagement as the Council shall refer to the Board. ( Ord. No. 2022-364 , § 1, 5-17-22)

The Department of Finance shall consist of a Finance Director, who is its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries and compensation shall be fixed by the Council. Charter reference: Appointment and duties of Finance Director, §§6.3, 6.4. State law references: Finance Officer, G.S. 159-24; fiscal control generally, G.S. 159-24 et seq.

The functions and duties of the department include: (a) Administration, supervision and management of the City's financial affairs, including management of debts, investments, fiscal control of the City budget, cash disbursements, financial reporting, accounting, payroll preparation and reporting. (b) Collection of all monies due the City, including utility payments; provision of a bookkeeping accountability of all receipts; and administration of the receiving and distribution of all incoming and outgoing mail, including postage allocation to outgoing mail. (c) Administration of consumer service/utility billing activities, including the furnishing of the necessary information to the Information Infrastructure Division to prepare billings for water and sewer customers, reading of water meters, collecting delinquent accounts and answering customers' complaints, and initiate and terminate services. (d) Administration of all purchasing and contracting activities with regard to the purchase of equipment, materials and supplies, including the establishment and enforcement of specifications therefor, supervising the inspection of deliveries of equipment, materials and supplies and administration of interdepartmental transfers of surplus, obsolete or unused supplies, materials and equipment. (e) Supervision of the processing of data from the various departments, divisions and agencies of the City and production of meaningful and timely reports, statistics, bills and checks. (f) Administration of the processing and control of all citations issued in the enforcement of City ordinances and regulations. (g) Maintenance of an adequate internal audit system that will assure the legality and validity of all financial transactions, maintenance of portfolios and grant-in-aid projects, and the reporting of data required by grants-in-aid. (Ord. No. 1998-454, §5, 11-4-98)

The Finance Director shall be charged with the responsibility of naming on an annual basis, with the approval of the Council, a firm to perform the annual independent audit of the books and accounts of the City, as required by the Local Government Budget and Fiscal Control Act. State law reference: Annual audit required, G.S. 159-34.

The Revenue Collector shall charge a processing fee in the maximum amount allowed under applicable state law for any check made in payment to the City which is returned because of insufficient funds or because the drawer did not have an account at the bank upon which such check was drawn; however, notice of the City's policy regarding the returned check charge must first be provided in accordance with applicable state statutes. The Revenue Collector shall not waive the processing fee. (Code 1959, §2-26.1; Ord. No. 1979-45, 3-20-79; Ord. No. 1991-709, §1, 1-2-91) State law reference: Collection of processing fee for returned checks and procedural requirements, G.S. 25-3-512.

The following words, whenever they are used in this article, shall be deemed to have the following meanings: (a)Business. The term business means any trade, occupation, profession, business, franchise, or calling of any kind, subject by the provisions of this article to a license tax. (b)Engaged (or engaging) in business within the City. A person is engaged in business within the City when he engages in business activity of any type, either as owner or operator of such business, (i) by maintaining a business location within the City; (ii) by soliciting business within the City; or (iii) by picking up or delivering merchandise or performing services within the City. (c)Person. The term person includes any individual, trustee, executor, other fiduciary, corporation, association, partnership, company, firm, or other legal entity or agent thereof. (d)Seasonal in nature. A business is seasonal in nature when it is taxed by this article on an annual basis, but is operated within the City for less than six (6) months of the year.

This article is enacted primarily for revenue purposes. Therefore, it should be construed to require payment of the maximum tax permitted under its terms. In addition, issuance of a license pursuant to this article does not excuse a licensee from compliance with any other applicable ordinance or statute. This article does not prevent the City from imposing license taxes on additional businesses, from increasing or decreasing the amount of any license tax, or from regulating any business taxes.

A license tax is hereby levied on the privilege of engaging in every business within the City which is listed in the schedule of taxes on file in the Department of Finance, Collections Division, hereby incorporated herein and made a part hereof by reference. Any person so engaged in businessshall be responsible for making certain that the applicable license tax is paid.

(a) The Revenue Collector is hereby designated as the proper City official to collect license taxes and to issue privilege licenses. (b) The Revenue Collector shall make any investigation necessary to determine the tax liability of persons engaged in business within the City. If necessary, the Revenue Collector is authorized to enter upon the premises of any such business during normal business hours for the purpose of determining whether this article has been complied with.

(a) Unless otherwise provided in the schedule of taxes provided for in §2-2013, each privilege license issued shall cover the twelve-month period beginning June 1 of each calendar year and ending May 31 of the subsequent calendar year. (b) The privilege license tax is due on June 1 of each year. If, however, a person begins a business after June 1, the tax for that year must be paid before the business is begun. (c) The Revenue Collector shall not issue a license until the tax levied under §2-2013 has been paid.

(a) Every person desiring to obtain a license for the privilege of engaging in a business within the Cityshall make application therefor in writing to the Revenue Collector. The application, to be made on a form provided by the Revenue Collector, shall contain the following information: (i) name and nature of the business for which the license is sought; (ii) the address where the business is conducted, and a mailing address for the business, if different; (iii) the name and address of the person filling out the application, and his relationship to the business; (iv) the gross receipts of the business for the most recently completed tax year, if applicable; and (v) any other information which the Revenue Collector determines to be necessary. (b) Any person who willfully makes a false statement on a license application shall be guilty of a misdemeanor and, upon conviction, shall be fined or imprisoned in the discretion of the court and any fine shall be in addition to the amount of the tax. (c) The following types of businesses shall pay a nonrefundable application fee of one hundred twenty-five dollars ($125.00) to offset the cost of investigations required. Upon approval these businesses shall also pay the applicable privilege license tax as specified: (1) Class one—Entertainment centers. (2) Class two—Entertainment centers. (3) Dance halls. (4) Private clubs. (5) Public clubs. (6) Establishments with live entertainment, but without alcoholic beverages. (Ord. No. 1985-677, §1, 11-19-85; Ord. No. 2001-935, §4, 2-6-01)

(a) Whenever this article levies a privilege license tax computed on the basis of gross receipts, "gross receipts" means the amount reported as gross receipts on a business's state income tax return, or on the Federal income tax return filed with the State income tax return if the State return does not separately state gross receipts, for the most recently completed tax year. (b) If a business has not been in operation long enough for the information required in subsection (a) of this section to be available, the Revenue Collector shall estimate gross receipts for the business, based on gross receipts of comparable businesses or any other information that the Revenue Collector considers useful. (c) On or before the June 30 immediately after each license year, each licensee for whom the tax paid in the license year just concluded was based on estimated gross receipts shall submit to the Revenue Collector a sworn final report showing the amount of gross receipts for the license year. If the amount shown is more than estimated gross receipts, the licensee shall pay the amount of additional tax that would have been due had the estimate been accurate. If the amount shown is less than estimated gross receipts, the Cityshall refund to the licensee the difference between the actual tax paid and the amount of tax that would have been due had the estimate been accurate.

(a) Except when a tax is based on gross receipts, if a business is begun after January 1, but before May 31, the tax shall be one-half of the amount otherwise due. (b) Except when a tax is based on gross receipts, a person engaged in a business which is seasonal in nature is liable for one-half of the amount of tax otherwise due.

In the event the City limits shall be extended to include any business, trade or profession that was outside the City limits on May 1 or June 1 of any license tax year, such business, trade or profession shall become liable for the payment of privilege license taxes upon the date of its annexation into the corporate limits. Such newly annexed business, trade or profession shall pay a proportionate part of the privilege license that it would have been required to pay, had it been located within the corporate limits for the entire license tax year. (Code 1959, §14-12(d))

If a person is engaged in more than one business made subject to a license tax under this article, such personshall pay the license tax prescribed in the tax schedule provided for in §2-2013 of this article for each such business, even if the businesses are conducted at the same business location.

Unless otherwise provided by State law or by the tax schedule provided for in §2-2013 of this article, if a person engages in a business in two (2) or more separate places, a separate license tax shall be required for each such place of business. For purpose of this section, if a person engages in the same business at two (2) or more locations within the City, which locations (i) are contiguous, (ii) communicate with and open directly into each other, and (iii) are operated as a unit, the person is liable for only one license tax.

A license shall show the name of the person licensed, the place where the business is conducted (if it is to be conducted at one (1) place), the nature of business licensed, the period for which the license is issued, and the amount of tax paid. In addition, if a machine is licensed, the license shall show the serial number of the machine. The Revenue Collector shall keep a copy of each license issued.

Each person issued a license under this article shall post the license in a conspicuous place in his regular place of business. If there is no regular place of business, the business license shall be kept where it may be inspected while the person is engaged in business within the city by the Chief Financial Officer or his designee or a member of the Raleigh Police Department. If a machine or other item of personal property is licensed the license shall be affixed to the personal property. A business license must be presented to the Chief Financial Officer or a member of the Raleigh Police Department upon request. (Ord. No. 2011-942, §1, 9-6-11)

A license may be assigned if (i) a business licensed under this article and carried on at a fixed place is sold as a unit to any person, and (ii) the purchaser is to carry on the same business at the same place. Such a change shall be reported to the Revenue Collector pursuant to §2-2013 of this article. Otherwise, each license issued under this article is a personal privilege and is not assignable; provided, any license issued under this article to bondsmen engaged in the business of writing appearance, compliance or bail bonds required in connection with criminal proceedings in any courts; collection agencies, contractors and construction companies, companies engaged in the business of selling or installing automatic sprinkler systems, gypsies, lightning rod agents, and peddlers, constitutes a personal privilege to conduct the business named in the license and shall not be transferred or assigned to any other person.

If a person who has obtained a license for a business taxed under this article desires to move from one business location to another within the City, the license which has been issued shall be valid for the remainder of the license year at this new location and no additional tax need be paid. Within a reasonable time after the change in location; however, such personshall inform the Revenue Collector of the change in address.

If a licensee discontinues a business before the end of the period for which the license was issued, the license tax shall not be abated nor shall a refund of any part of the license tax be made; provided a tax refund may be granted by the Council when the applicant for the license never commenced the business.

The issuance of a license under this article does not authorize the carrying on of a business for which additional licenses or qualifications are required by state or local law, nor does the issuance of a license prevent the City from enacting additional regulations applicable to the licensee.

(a) Any person who engages in business within this City for religious, nonprofit educational or charitable purposes shall be exempt from paying any privilege license tax levied by this article. (b) All persons engaged in the business of renting commercial or residential real property are exempt from paying any privilege license tax, except parking lots and storage units or buildings shall pay any privilege license tax levied by this article. (Ord. No. 1991-883, §1, 12-3-91; Ord. No. 1992-908, §1, 1-21-92; Ord. No. 2011-931, §1, 7-19-11)

(a) It shall be unlawful for any person to engage in a business within this City upon which a privilege license tax is imposed by this article, without having paid the license tax specified in the schedule of license taxes, hereby incorporated herein and on file in the Department of Finance, Revenue Collections Division. Violators shall be guilty of a misdemeanor and, upon conviction, shall be fined, or imprisoned in the discretion of the court; but the fine shall not be less than twenty (20) per cent of the tax in addition to the tax and the cost. Each day that a person engages in business in violation of this section constitutes a separate offense. (b) The City may seek an injunction against any person engaging in business in violation of this section. (c) A conviction under this section does not relieve a person of his liability for the license tax or taxes imposed by this article.

(a) All taxes imposed by this article shall be paid to the Revenue Collector and shall be due and payable on May 1 and delinquent and subject to penalty after June 1. (b) If a person begins or continues to engage in a business taxed under this article without payment of the required privilege license tax, the Revenue Collector may use either of the following methods to collect the unpaid tax: (i) the remedy of levy and sale or attachment and garnishment, in accordance with G.S. 160A-207; or (ii) the remedy of levy and sale of real and personal property of the taxpayer in accordance with G.S. 105-109(d). (c) Any person who begins or continues to engage in a business taxed under this article without payment of such tax is liable for an additional tax of two and one-half (½) per cent of the original tax due for each thirty (30) days or portion thereof that the tax is delinquent, provided the additional tax shall be limited to fifty (50) per cent of the tax originally levied but in no event less than ten dollars ($10.00).

A current schedule of license taxes shall be maintained on file in the offices of the Department of Finance, Revenue Collections Division.

Editor's note: Ord. No. 1987-79, §1, adopted Nov. 19, 1987, repealed §2-2032, which pertained to requirement for Council approval in certain cases and derived from §2-2032 of the City's 1959 Code as amended by Ord. No. 1980-287, §1, adopted Jan. 8, 1980; Ord. No. 1980-425, §1, adopted July 15, 1980; and Ord. No. 1982-914, §§1, 2, adopted May 18, 1982.

Any license issued under this article shall be subject to revocation or suspension for a definite or indefinite time by the City Council, without refund of any part of the tax paid if the licensee or Manager or person in charge of the business or employee shall violate any article or law relative to such business, or be convicted of crime, or if, in the judgment of the Council, the licensed permit does, by reason of its nature or the manner or place in which it is conducted, constitute a nuisance, or is a menace to good order, or to public health, safety, or morals. Upon the revocation or suspension of any such license it shall be unlawful for the person to whom such license was granted to continue to conduct such business; upon the violation of this provision, the offender shall upon conviction be fined fifty dollars ($50.00) or imprisoned thirty (30) days. Each day such business is conducted after revocation or suspension of license shall constitute a separate offense. (Code 1959, §14-19)

Every person desiring to sell at retail or wholesale within the City any of the beverages defined and enumerated in G.S. 18B-101, as amended, shall first obtain a license from the Revenue Collector. No such license shall be issued by the Revenue Collector until the applicant has obtained the appropriate permit fromthe StateBoard of Alcoholic Control as provided by G.S. Chapter 18B. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §6-1; Ord. No. 1987-21, §1, 7-21-87; Ord. No. 2022-339 , §1, 2-15-22) State law references: State ABC permits, G.S. 18B-900 et seq. ; taxes, G.S. Ch. 105-113.68 et seq.

(a) Application for a license shall be made upon forms provided by the Revenue Collector and shall be verified by the affidavit of the applicant made before a notary public or other person duly authorized by law to administer oaths. The application shall contain the information required under G.S. 105-113.70, and shall require the applicant to state whether he has, during the preceding license year, committed any act or permitted any condition for which his license was, or might have been, revoked or suspended. (b) If from the statements and information provided in the application the applicant appears to possess all requisite qualifications under law, including a statement that he has not during the preceding license year, committed any act or permitted any condition for which his license was, or could have been revoked or suspended, thereby making issuance of the license mandatory pursuant to G.S. 105-113.70, the Revenue Collector shall issue the applicant a license. (Code 1959, §6-2; Ord. No. 1987-21, §§2—4, 7-21-87) State law reference: Issuance of licenses, G.S. 105-113.70, 105-113.71.

(a) Licenses issued by the City under the authority of G.S. 105-113.77, as amended, shall be restricted to on-premises and off-premises. An off-premises license authorizes the licensee to sell at retail state permitted alcoholic beverages for consumption on the premises designated in the license and to sell at retail state permitted alcoholic beverages in the manufacturer's original container for consumption off the premises designated on the license. (Code 1959, §6-3; Ord. No. 1987-21, §5, 9-21-87) State law reference: Retail activity, G.S. 18B-1000 et seq.

(a) Every person engaged in the business of selling malt beverages, as defined in G.S. 18B-101(9), as amended, shall pay an annual license tax as follows: (1) For "on-premises" malt beverages$15.00 (2) For "off-premises" malt beverages5.00 (b) Every person engaged in the business of selling fortified wine, as defined by G.S. 18B-101(7), as amended, and or selling unfortified wine, as defined by G.S. 18B-101(15), as amended, shall pay an annual license tax as follows: (1) For "on-premises" unfortified wine, "on premise" fortified wine, or both$15.00 (2) For "off-premises" unfortified wine, "off-premises" fortified wine, or both10.00 (c) The tax levied in this section is the tax for the first license issued to a person. The tax for each additional license of the same type issued to that person for the same year is one hundred ten (110) per cent of the base license tax, such increase to apply progressively for each additional license. There shall be no proration of license taxes. (Code 1959, §6-4; Ord. No. 1987-21, §5, 7-21-87) State law reference: Related provisions, G.S. 105-113.77.

Every person selling at wholesale in barrels, bottles, or other containers, in quantities of not less than one case or container to a customer within the City, any of the beverages named below, and either having his principal place of business within the City or maintaining one or more places of business or storage houses within the City, shall first procure from the Revenue Collector a license to engage in such business, and shall pay therefor an annual tax as follows: (1) Where such wholesaler sells at wholesale only malt beverages or wine as defined in G.S. 18B-101, as amended, the tax shall be, per annum$37.50 (2) Where such wholesaler sells at wholesale both malt beverages and wines as defined in G.S. 18B-101, the tax shall be, per annum$62.50 (3) If any wholesaler maintains more than one place of business or storage warehouse from which orders are received or beverages are distributed, a separate license tax shall be paid for each separate place of business or warehouse. (4) The owner or operator of every distributing warehouse selling, distributing or supplying to retail stores beverages enumerated in this section shall be deemed wholesale distributors within the meaning of this section and shall be liable for the tax imposed hereby. (Code 1959, §6-5; Ord. No. 1987-21, §§6, 7, 7-21-87) State law reference: Related provisions, G.S. 105-113.79.

Every license issued under this article shall expire on the thirtieth day of April of each year. (Code 1959, §6-6)

Editor's note: Ord. No. 1987-21, §9, adopted July 21, 1987, repealed §§2-2047 and 2-2048, relative to limitations on licenses and sale of fortified wine, as derived from Code 1959, §§6-7 and 6-8.

(a) There is hereby established, under the supervision and control of the Finance Director, a division to be known and designated as the violations division. The violations division shall be conveniently located in the municipal building and the persons in charge thereof shall be designated or appointed by the Finance Director with the approval of the City Manager. (b) The violations bureau shall be responsible for the imposition of criminal and civil penalties for violations of the parking and traffic ordinances of the City, as provided by and according to the procedures set out in §§ 11-2024 and 11-2025.

The violations division shall be responsible for the administration and collection of fines and issuance of any applicable summonses under the City's animal control ordinances. Cross reference: Animals, Part 12, Ch. 3, Arts. A, B. Secs. 2-2063—2-2070. RESERVED.

Every self-propelled motor vehicle sited for ad valorem tax purposes in the City of Raleigh shall pay an annual fee of thirty dollars ($30.00) to the City of Raleigh for the privilege of operating said vehicle on the public ways. The annual payment shall be collected by the Wake County Tax Collector and the tax shall authorize the use of the vehicle for one (1) year from the date of the payment due date of the tax. (Ord. No. 1988-240, §2, 9-6-88; Ord. No. 1991-806, §1, 6-28-91; Ord. No. 1993-291, §1, 12-7-93; Ord. No. 2006-81, §1, 9-5-06; Ord. No. 2007-281, §1, 8-7-07; Ord. No. 2010-752, §1, 6-28-10; Ord. No. 2010-774, §1, 9-7-10)

The motor vehicle license required by this article shall not apply to motor vehicles belonging to members of the armed forces of the United States on duty within the City and exempted by Title 50, United States Code, §574, nor shall the license be required of motor vehicles held for sale as a part of the stock and trade of any motor vehicle dealer licensed under this chapter and bearing a state license issued pursuant to the General Statutes. (Ord. No. 1988-240, §2, 9-6-88)

Any business entity regulated by the State and exempt from listing ad valorem property tax property with theCounty Tax Office shall still be liable for the tax imposed by this article. Any such business shall notify the Revenue Collector of the City of its exempt status and shall make its license payments directly to the Revenue Collector. (Ord. No. 1988-240, §2, 9-6-88)

Every person engaged in the business of operating taxicabs and required to be licensed under part 12 of this Code shall pay an annual license fee for each vehicle so operated in the amount of fifteen dollars ($15.00) in addition to the sum required by §2-2071. No license shall be issued under this section until an application for an owner's permit has been made pursuant to part 12 of this Code and until such permit has been issued. (Ord. No. 1988-240, §2, 9-6-88) Cross reference: Regulations applicable to vehicles for hire, §12-2021et seq. Secs. 2-2075—2-2079. RESERVED.

The City hereby imposes and levies a tax of three (3) per cent of the gross receipts of any person, firm, corporation, or association subject to the three (3) per cent sales tax levied by the State derived from the rental of any sleeping room or lodging furnished in any hotel, motel, or inn located in the City. The tax shall not apply, however, to any room or rooms, lodging or accommodations supplied to the same person for a period of ninety (90) continuous days or more. (Ord. No. 1986-825A, §1, 7-15-86)

Every person, liable for the tax imposed by this division shall, on or before the fifteenth day of each month after the effective date of this division [September 1, 1986], prepare and render a return based upon the previous month's collections, on a form prescribed by and available from the City Revenue Collector the amount of the tax then due. An operator of a business who collects the occupancy tax may deduct from the amount remitted to the City a discount of one (1) per cent of the total amount collected pursuant to this division as reimbursement for the expenses incurred in collecting the tax. (Ord. No. 1986-825A, §1, 7-15-86)

During any month following a month in which a hotel, motel, or inn has supplied a room to the same person for the ninetieth consecutive day, the hotel, motel or inn can apply to the City Revenue Collector, on a form available from that office for that purpose, for a deduction from transient occupancy taxes due that month in an amount equal to the tax previously paid on the receipts from the rental of the room supplied for the period of ninety (90) continuous days or more. A refund shall be issued by the Revenue Collector if no transient occupancy taxes are then due from which a deduction could be taken. (Ord. No. 1986-825A, §1, 7-15-86)

Any person, firm, corporation, or association which fails or refuses to file the return required by this division shall pay a penalty of ten dollars ($10.00) for each day's omission. (Ord. No. 1986-825A, §1, 7-15-86)

In case of failure or refusal to file the return or pay the tax for a period of thirty (30) days after the time required for filing such return or for paying such tax, there shall be an additional tax, as a penalty, of five (5) per cent of the tax due, in addition to the penalty prescribed in §2-2083, with an additional tax of five (5) per cent for each additional month or fraction thereof until the transient occupancy tax is paid. (Ord. No. 1986-825A, §1, 7-15-86)

Any person, firm, corporation, or association which willfully attempts in any manner to evade the occupancy tax or to make a return, and who willfully fails to pay such tax or make and file such return, shall, in addition to the penalties prescribed in §§ 2-2083 and 2-2084 of this division, be guilty of a misdemeanor, and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment. (Ord. No. 1986-825A, §1, 7-15-86)

The City of Raleigh shall retain three (3) per cent of the gross proceeds of the tax collected to pay its costs for administrative and collection expenses. (Ord. No. 1986-825A, §1, 7-15-86)

The City Manager shall allocate and distribute the net proceeds collected by the tax as mandated by Chapter 850 of the Session Laws of 1985 and as provided in the budget approved by the City Council. (Ord. No. 1986-825A, §1, 7-15-86) Secs. 2-2088—2-2089. RESERVED.

There is hereby created the Greater Raleigh Convention and Visitors Bureau; of such composition and having such powers and duties herein provided. (Ord. No. 1992-904, §2, 1-7-92)

The Bureau shall be governed by a Board of Directors consisting of twelve (12) members. The Bureau shall be a continuation of the Bureau established by Ordinance No. 1986-825B pursuant to Chapter 850 of the Session Laws of 1985. The members shall be appointed as follows: (a) Five (5) owners or operators of hotels, motels, or other taxable establishments, three (3) of whom shall be elected by the City Council and two (2) of whom shall be elected by theCountyBoard of Commissioners from a list of at least ten (10) nominees furnished by the Raleigh Hotel and Motel Association. The list of nominees shall include the names of at least three (3) restaurant owners or operators. (b) Two (2) representatives of tourist or convention related businesses, one (1) appointed by the City Council and one (1) by theCountyBoard of Commissioners. (c) One (1) member nominated by the Greater Raleigh Chamber of Commerce and appointed by theCountyBoard of Commissioners. (d) Four (4) at-large members, two (2) appointed by the City and two (2) appointed by the County. Members shall serve according to the ordinances and regulations of the City concerning service on City boards and commissions, except that members appointed by the Countyshall serve according to the ordinances and regulations of the County concerning service on County boards and commissions. At least three (3) of the County's appointees shall reside in Raleigh, and at least one (1) of the County's appointees shall reside in Cary. (Ord. No. 1992-904, §3, 1-7-92)

The Bureau shall be funded at least at the minimum level required by Chapter 594 of the Session Laws of 1991. The Bureau shall prepare an annual budget based on anticipated revenues and shall submit the budget to the City Manager and County Manager for processing and approval through the regular budget procedures of the City and the County. The Bureau shall make quarterly reports to the City Council and the CountyBoard of Commissioners detailing its revenues, expenditures, and activities. The City or the County may audit the Bureau's financial records upon reasonable notice to the Bureau. At the end of each fiscal year, any funds of the Bureau not expended, or obligated or reserved as approved by the City Council and the CountyBoard of Commissioners, shall be remitted equally to the City and the County for use in accordance with §10 of this act. (Ord. No. 1992-904, §4, 1-7-92) Editor's note: The reference to "§10 of this act" is presumably to §10 of Ch. 594 of the 1991 Session Laws since Ord. No. 1992-904 has no §10.

The Bureau is to promote travel to and tourism in the City and County. To fulfill its duties, the Bureau may contract with any person, to advise and assist it in the promotion of travel, tourism and conventions. The Bureau may only spend funds for visitor promotion and convention promotion. (Ord. No. 1992-904, §5, 1-7-92)

The Bureau shall employ such staff as it deems necessary to carry out its duties and responsibilities and in accord with its approved budget. Employees of the Bureau shall not be considered as employees of the City for any purposes whatsoever. (Ord. No. 1992-904, §6, 1-7-92)

(a)Established. The schedule of rates, fees, charges, deposits, penalties, and rents for water, reuse water, and sewer service, repairs, maintenance, operations and debt service requirements shall be as set forth in the Raleigh Water Fee Schedule. Such rates, fees, charges, deposits, penalties, and rents shall be collected from the users of the service and shall be due and payable monthly in accordance with law within twenty (20) days from the date such rates, fees, charges, deposits, penalties, and rents are billed to the respective users. (b)Water. (1) Water bills will be charged according to meter sizes (service charge) and water consumption as indicated in the Raleigh Water Fee Schedule. (2) Except as provided in intermunicipal contracts, water rates supplied outside the corporate limits shall be double the rate for water supplied inside the corporate limits. (3) The basic rate charged herein for the initial quantity of water per one hundred (100) cubic feet, the charge for sewer provided for in subsection (c), shall be charged for all water measured by a separate meter. (4) Water administrative fees shall not be pro-rated for days of service. (c)Sewer. (1) Sewer bills will be charged according to account service and sewer consumption as indicated in the Raleigh Water Fee Schedule; such sewer charges shall be billed and collected in the same manner and at the same time that water service charges are billed and collected. (2) Except as provided in intermunicipal contracts, rates for providing sewer outside the corporate limits shall be double the sewer related debt service plus the sewer rates charged inside the corporate limits exclusive of debt service. (3) Rates for other sewer service. a. Where City water is not available or a property owner uses his own source of water supply, there shall be a service charge as set for on the Raleigh Water Fee Schedule, billed and payable on a monthly basis, for each sewer service line of a single-family dwelling unit connected to any sewer outfall, sewer main, or other sewer pipe (or manhole) which is a part of the sewer system of the City. If a sewer connection shall be made with the City's sewer system for other than residential use, the owner water consumption shall be metered. The metering device shall be accessibly and safely located and shall be installed in accordance with plans approved by the Public Utilities Department. The water meter shall be provided and installed by the owner at his expense in accordance with the approved plan and shall be maintained in continuous and satisfactory operation by the owner at his expense. The ownershall be charged based on the amount of water used from his private supply as though such private supply came from the City's water system. The charge referred to above shall be in addition to the initial sewer connection charge provided by ordinance. b. Residential developments which are served by a sewer service line six (6) inches or greater in size, which also have a single entity that pays all sewer bills, and which are located on a single lot, such as group housing developments and manufactured home parks, shall pay the nonresidential charges for sewer service. (4) Sewer administrative fees shall not be pro-rated for days of service. (Code 1959, §23-26; Ord. No. 1981-604, §3, 3-17-82; Ord. No. 1981-688, §§1, 2, 6-16-81; Ord. No. 1982-6, §1, 10-19-82; Ord. No. 1989-392A, §1, 6-26-89; Ord. No. 1991-809, §2, 6-28-91; Ord. No. 1994-402, §4, 5-17-94; Ord. No. 2000-734-TC-189, TC-2-00, §1, 2-15-00; Ord. No. 2009-608, §§1—3, 6-16-09, eff. 12-1-09; Ord. No. 2009-665, §2, 10-20-09, eff. 12-1-09; Ord. No. 2020-96 , §§2—4, 6-15-20, eff. 7-1-20)

When two (2) or more meters are used to measure the consumption of water by the occupants of property belonging to a public or private owner, the water consumed as measured by each meter shall be the basis upon which charges and rates are determined, and the owner of such propertyshall not be permitted to pay for such water consumed upon the basis of the aggregate of water passing through all of such meters; each meter is billed separately. (Code 1959, §23-27; Ord. No. 1981-604, §4, 3-17-81)

(a)Deposits Required. Utility service deposits shall be required for initiation of services or from users who have their water and/or sewer service disconnected for nonpayment. The deposit amount shall be as set forth on the Raleigh Water Fee Schedule. This schedule incorporates fixed deposit amounts payable on specified disconnection events at the location. Such policies incorporate procedures for refunding deposits without interest after fixed periods of good payment history, requirements for transfers of deposits for customers moving to new locations within the City, and other credit history factors to be considered. The current amount on deposit may be used to satisfy part of the cumulative deposit required or to pay delinquent charges. Deposits will not accrue interest to the benefit of the customer. (b)Reactivation of Service. Service will not be restored until the required deposit, service charges, penalties, and delinquent bill amounts are paid. Service reconnected upon execution of an agreement to make deposit installment payments, shall be terminated immediately if a payment is missed. All amounts due and owing shall be paid prior to reconnection. (Code 1959, §23-29; Ord. No. 1981-604, §5, 3-17-81; Ord. No. 1991-817, §1, 7-16-91; Ord. No. 1994-402, §§1, 2, 5-17-94; Ord. No. 1997-81, §1, 4-1-97; Ord. No. 2009-608, §4, 6-16-09, eff. 12-1-09; Ord. No. 2010-685, §§1, 2, 1-19-10; Ord. No. 2020-96 , §4, 6-15-20, eff. 7-1-20)

If a charge for water service becomes delinquent and a trip is made for the purpose of discontinuing the service, during regular working hours, after regular working hours or on a holiday, the meter is removed or the water service is disconnected at the main, charges in addition to those provided in §2-3003, if applicable, shall be assessed for such trips, meter removal or service disconnection as set forth on the Raleigh Water Fee Schedule and these fees shall be collected under and by virtue of and in accordance with the laws of the State, the Charter of the City and the ordinances of the City applicable thereto and the resolutions and other actions of the Council. If a charge for sewer-only service becomes delinquent and a trip is made for the purpose of collecting such charge, during regular working hours, after regular working hours or on a holiday or if such service is disconnected, fees in addition to the deposit set out in §2-3003, if applicable, shall be assessed for such trips or disconnection as set forth on the Raleigh Water Fee Schedule and these fees shall be collected under and by virtue of and in accordance with the laws of the State, the Charter of the City and the ordinances of the City applicable thereto and the resolutions and other actions of the Council. In the event such delinquent charges and fees and required deposits are not paid in full when due and payable, thereafter the City, its agents or employees may discontinue or cause to remain discontinued such water or sewer service to the property for which payment has not been made in accordance with the law. Subject to review by the Council in unusual and exceptional situations involving health and medical causes, the discontinued services shall not be reinstated until payment of the water or sewer account in full is made including any disconnection, reconnection, meter removal or main disconnection charges. (Code 1959, §23-30; Ord. No. 1984-453, §1, 12-4-84; Ord. No. 1994-402, §3 5-17-94; Ord. No. 2020-96 , §5, 6-15-20, eff. 7-1-20)

The City Council hereby authorizes the City Manager or his designee to enter into and execute on behalf of the City contracts with appropriate social service agencies, which contracts provide for guaranteeing the payment of water and sewer bills by customers who are social services recipients. Notwithstanding the provisions set forth above relating to (1) the requirement for maintaining a security deposit as a precondition to connecting utility services, and (2) disconnections for nonpayment of charges, the City Manager or his designee is authorized to connect utility services without the posting of a security deposit, or to refrain from disconnecting services on a delinquent account, with respect to those customers for whom payment guarantee agreements are in effect. (Ord. No. 1984-384, §1, 8-7-84)

If a customer disputes the accuracy of any charge for service and requests that the meter be removed for flow testing and such meter tests within the industry tolerance ranges as valid, there shall be assessed a fee for such tests as set forth on the Raleigh Water Fee Schedule. Such fee shall become due and payable upon meter reinstallation and shall be collected under and by virtue of and in accordance with the laws of the State, the Charter of the City and the ordinances of the City applicable thereto and the resolutions and other actions of the Council. In the event such charges are not paid in full when due and payable, thereafter the City, its agents or employees may discontinue or cause to remain discontinued such water service to the property for which payment has not been made in accordance with the law. Subject to review by the Council in unusual and exceptional situations involving health and medical causes, the discontinued services shall not be reinstated until payment of the water or sewer account in full is made including the meter flow test charge. (Ord. No. 1984-453, §2, 12-4-84; Ord. No. 2020-96 , §5, 6-15-20, eff. 7-1-20)

All departments shall prepare a purchase requisition in accordance with purchasing procedure approved by the City Manager. Editor's note: Standard procedure number 501-2, §3.1, effective January 1, 1971, of the Raleigh Procedures Manual prescribes requisitioning procedures. State law reference: Public purchasing and contracts generally, G.S. 143-129 et seq.

Purchase orders shall be prepared and issued in accordance with purchasing procedures approved by the City Manager. Editor's note: Standard procedure number 501-2, §§ 3.2 and 3.3, effective January 1, 1971, of the Raleigh Procedures Manual prescribes purchasing procedures. State law reference: Pre-audit of disbursements, G.S. 159-28.

City contracts for construction or repair work not subject to formal bidding requirements under G.S. 143-128 et seq. and service contracts in the amount of three hundred thousand dollars ($300,000.00) or less may be awarded by the City Manager, and the City Council hereby delegates to the City Manager such authority to contract on behalf of the City. (Ord. No. 1986-740, §1, 3-4-86; Ord. No. 1990-616, §1, 7-3-90; Ord. No. 1993-281, §1, 11-3-93; Ord. No. 2020-76 , §2, 4-7-20)

All contracts entered into by the Citymay be signed by the Mayor; in his absence, the Mayor pro tem; and, in addition, by the City Manager or his written designee, who is hereby delegated such authority to execute contracts on behalf of the City, unless otherwise provided by law. (Ord. No. 1986-740, §2, 3-4-86; Ord. No. 2001-88, §1, 8-7-01)

(RESERVED)

The Human Resources Department shall consist of a director who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council. (Ord. No. 2012-31, §1, 4-3-12; eff. 4-8-12) Charter references: Firemen's and police relief fund, §2.14(31); credit for sick leave, §2.14(74); employee bonds, §3.8; conflicts of interest, §3.9. State law reference: Personnel, G.S. 160A-162 et seq.

The functions and duties of the Human Resources Department include: (a) Assisting all departments in meeting their human resource needs through the development and administration of a comprehensive personnel management program, including the development and administration of personnel programs and policies as adopted by management and Council, and the implementation of procedures consistent with Federal, state and local laws governing personnel practices, and the application of sound and current personnel management techniques in administering a personnel program for the City. (b) Recruiting or assisting in the recruiting of qualified applicants for all job vacancies that will provide for selectivity; providing input or identifying those best qualified on the basis of education, experience, and other merit factors; providing these selectivity factors to appointing authorities, and effecting employment of those selected. (c) Assisting in the fair and expeditious resolution of grievances. (d) Identifying training needs and developing programs to meet those needs in order to improve the level of services. (e) Administering a sound and equitable classification and compensation plan. (f) Maintaining custody of centralized personnel files of all employees. (g) Administering benefit programs provided by the City to its employees. (Ord. No. 2012-31, §2, 4-3-12; eff. 4-8-12) Editor's note: Personnel policies and procedures are set out in Standard Operating Procedures. No. 300 et seq. , Raleigh Procedures Manual. State law reference: Civil service commission established, Session Laws 1977, Chapter 1154.

A certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the City of Raleigh Classification and Salary Schedule, be and the same is hereby adopted and incorporated as part of this chapter.

Each copy of the classification and salary schedule of positions and the classifications thereof shall be duly certified and authenticated by the Clerk as having been adopted by the City Council.

When the classification and salary schedule has been adopted and approved in the manner herein provided, each copy of such schedule shall for all purposes be deemed to be an original. Editor's note: Revisions to the classification and/or pay plan may be made with Council approval and incorporated into the plan.

(RESERVED)

(RESERVED)

The Department of Community Services shall consist of a director, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council. Charter reference: Departments enumerated, §6.1et seq.

The Department of Community Services consists of: (a) Neighborhood Services Division. (b) Volunteer/Human Services Division. (c) Satellite Services Division. (d) Homeless Services Division. (Ord. No. 1998-454, §7, 11-4-98)

The functions and duties of the department include: (a) Documenting the needs of the citizens of Raleigh in terms of human services. (b) Documenting the services and opportunities that are presently available. (c) Determining what additional services and opportunities are needed and to propose appropriate and feasible new programs for meeting these needs. (d) Identifying those individuals within the community who are most likely going to benefit from the services and opportunities that are needed. (e) Providing a means for making all persons aware of the services and opportunities that are available. (f) Identifying and recommending responsible agents, including the State, County, private agencies, the City Community Services Department, and others to implement and coordinate the programs for the provision of services. (g) Administering human service programs as designated by Council including the delivery and evaluation of services based on assessed needs and provisions for citizen participation in planning and delivery of services. (h) Performing other functions and duties as prescribed by the City Manager. Charter reference: Authority to engage in socio-economic programs, §2.14(70). State law reference: Human relations programs, community action and manpower development, G.S. 160A-492.

(a) The policy of the City of Raleigh is, and shall be, to oppose any discrimination based on actual or perceived age, mental or physical disability, sex, religion, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in any aspect of modern life. For purposes of this article, discrimination based on race and national origin shall include discrimination based on an individual's hair texture or hairstyle, if that hair texture or that hairstyle is commonly associated with a particular race or national origin, including, but not limited to, braids, locks, twists, tight coils or curls, cornrows, Bantu knots, and Afros. (b) The administration, committees, commissions, and boards of the City are hereby directed to use their full power and resources, as by law duly given, to prohibit and discourage discrimination as hereinabove mentioned. (c) The City Manager and the City Attorney are directed to include within the terms of all contracts of and grants from the City a nondiscrimination provision which will carry out the effect of this section; provided that nothing in this section shall be construed to encroach upon the powers or immunities of the State or Federal governments. (d) The City Manager is directed to establish such policies as will insure that there is no discrimination in any function or area of City government. (e) Recognizing the substantial benefits that an equitable, diverse, and inclusive community provides, the City supports those community members and businesses whose efforts support a community free from discrimination. Equity, diversity and inclusion are cornerstones of a strong local economy and commercial activities within the City should support economic growth and not hamper it. The City will not tolerate illegal discrimination and encourages its corporate and individual community partners to oppose discrimination in all forms. All citizens of the City, individual and corporate, are hereby requested and urged to use their power and influence to the end that this City shall be one of equal opportunity for all citizens. (Ord. No. 1969-889, 11-17-69; Ord. No. 1971-63, 3-4-71; Ord. No. 1973-425, §1, 5-21-73; Ord. No. 1985-594, §1, 6-18-85; Ord. No. 1988-106, §1, 1-5-88; Ord. No. 2014-360 , §1, 10-21-14; Ord. No. 2021-175 , §1, 1-5-21; Ord. No. 2021-262 , §1, 7-6-21) Editor's note: Ordinance No. 1973-425, §1, adopted May 21, 1973, amending §4-1004(a), has been included herein with the publication of Supplement No. 24 at the direction of the City.

The unit of civil rights is charged with assisting the City in developing a community with unity and harmony based on justice; a community free of discriminatory practices based on race, color, creed, age, sex, national origin, and thus enabling the City to benefit from the fullest realization of its human resource. (Ord. No. 1977-473, 3-15-77, §2)

(a) The staff shall be a unit in the Community Services Department. (b) The staff shall coordinate their activities consistent with the policies and practices of the City. (c) The Office of Civil Rights is responsible to the director of Community Services Department. (Ord. No. 1977-473, 3-1-577, §3)

(a) It is the intent of the Council that the unit of civil rights in its work will adopt the role of advocate rather than that of adversary. (b) The duties, powers and functions of the unit of civil rights shall be: (1) To hear, investigate, conciliate and if necessary refer to appropriate enforcement agencies complaints of discrimination based on race, color, creed, sex, religion, national origin or age. (2) To recommend to the department such ordinances, resolutions and statements as will aid in carrying out the purposes of this unit. (3) To assist the Council and City Manager in implementing CityOrdinance No. (1969) - 889 as amended titled "An Ordinance Authorizing and Directing That All Resources of the City of Raleigh Be Utilized To Eradicate and [Prevent] Racial Discrimination." (4) To inquire into the manner and extent of the observance of the non-discriminatory contract clause of Ordinance No. (1969)-889 as amended. (5) To be responsible for such other appropriate duties, responsibilities and powers as may be deemed necessary by the City Manager or Council. (6) To seek to discourage, prevent and stop discriminatory practices against any individual or group because of race, color, creed, sex, religion, national origin or age and to seek fair and just solutions to other controversies involving human relations. (7) To define, plan and implement community educational programs in the field of human relations and human rights with the intent of fostering mutual understanding and respect, acceptance, and equality of opportunity and treatment among various economic, social, age, religious, ethnic and racial groups within the City toward the end of preventing intergroup conflict, discrimination, alienation or unjust practices. (Ord. No. 1977-473, 3/15/77, Sec. 4)

This chapter shall be known and may be cited as the City of Raleigh "Fair Housing Ordinance." (Code 1959, Sec. 26-1) Editor's note: Fair Housing, Title 8, Civil Rights Act of 1968, 42 U.S. Code, Sec. 3601 et seq. ; Recognition of substantially equivalent laws, 24 C.F.R. Pt. 115. Cross reference: Authority to adopt ordinances promoting equal housing, City charter, §2.14(72).

Except where the context clearly indicates otherwise, the following terms as used in this chapter shall have the following meanings: Hearing Board. That body of citizens duly appointed by the Council to hear, make determinations and issue findings in all cases of discriminatory practices in housing resulting from conciliation failure. At least one (1) resident appointment to the board shall be a non-owner tenant of a residential unit that serves as their primary residence within the City. Conciliation Agreement. A written agreement or statement setting forth the terms of the agreement mutually signed and subscribed to by both complainant(s) and respondent(s) and witnessed by a duly authorized enforcing agent. Conciliation Failure. Any failure to obtain a conciliation agreement between the parties to the discrimination charge or a breach thereof. Discrimination. Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin or sex, or the aiding, abetting, inciting, coercing or compelling thereof. Real Property. Buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in the above. Housing Accommodations. Improved and unimproved property and means a building, structure, lot or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence of one (1) or more individuals. Real Estate Operator. Any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees in bank-mutual companies, joint stock companies, trusts, unincorporated organizations, trustee in bankruptcy, receivers or other legal or commercial entity, the City or County or any of its agencies or any owner of real property that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvements thereof, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate; or an individual employed by or acting on behalf of any of these. Real Estate Broker, Real Estate Salesman. An individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such an activity; or who advertises or holds themselves out as engaged in such activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrances upon a transfer of real estate, or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, exchange, rental or lease of real estate through its listing in a publication issued primarily for such purpose, or an individual employed by or acting on behalf of any of these. (Code 1959, Sec. 26-2; Ord. No. 2021-221 , §1, 4-20-21)

(a) The general purposes of this chapter are: (1) To provide for execution within the City of Raleigh of the policies embodied in Title VIII of the Federal Civil Rights Act of 1968 as amended; (2) To safeguard all individuals within the City from discrimination in housing opportunities because of race, color, religion, familial status, disability, national origin, or sex; thereby to protect their interest in personal dignity and freedom from humiliation; to secure the City against domestic strife and unrest which would menace its democratic institutions; to preserve the public health and general welfare; and to further the interests, rights and privileges of individuals within the City. (b) Nothing contained in this chapter shall be deemed to repeal any other law of this City relating to discrimination because of race, color, religion, national origin or sex. (Code 1959, Sec. 26-3; Ord. No. 2002-234, §1, 6-18-02)

It is an unlawful practice for a real estate owner or operator or for a real estate broker, real estate salesman, or any individual employed by or acting on behalf of any of these: (a) To refuse to sell, exchange, rent or lease or otherwise deny to or withhold real property from an individual because of his or her race, color, religion, familial status, disability, national origin or sex. (b) To discriminate against an individual because of his or her race, color, religion, familial status, disability, national origin or sex in the terms, conditions or privileges of the sale, exchange, rental or lease of real property or in the furnishings of facilities or services in connection therewith. (c) To refuse to receive or transmit a bona fide offer to purchase, rent or lease real property from an individual because of his or her race, color, religion, familial status, disability, national origin or sex. (d) To refuse to negotiate for the sale, rental or lease of real property to an individual because of his or her race, color, religion, familial status, disability, national origin or sex. (e) To represent to an individual that real property is not available for inspection, sale, rental or lease when in fact it is so available, or to refuse to permit an individual to inspect real property because of his or her race, color, religion, familial status, disability, national origin or sex. (f) To print, circulate, post or mail, or cause to be printed, circulated, posted or mailed, an advertisement or sign, or to use a form of application for the purchase, rental or lease of real property, or to make a record of inquiry in connection with the prospective purchase, rental or lease of real property, which indicates, directly or indirectly, a limitation, specification or discrimination as to race, color, religion, familial status, disability, national origin or sex or an intent to make such a limitation, specification or discrimination. (g) To offer, solicit, accept, use or retain a listing of real property for sale, rental or lease with the understanding that an individual may be discriminated against in the sale, rental or lease of that real property or in the furnishing of facilities or services in connection therewith because of race, color, religion, familial status, disability, national origin or sex. (h) To otherwise deny to or withhold real property from an individual because of race, color, religion, familial status, disability, national origin or sex. (Code 1959, Sec. 26-4; Ord. No. 2002-234, §1, 6-18-02)

It is an unlawful practice for a real estate owner or operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person, for the purpose of inducing a real estate transaction from which he may benefit financially: (a) To represent that a change has occurred or will or may occur in the composition with respect to race, color, familial status, disability, sex, religion or national origin of the owners or occupants in the block, neighborhood or area in which the real property is located; or (b) To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood or area in which the real property is located. (Code 1959, Sec. 26-5; Ord. No. 2002-234, §2, 6-18-02)

(a) Nothing in §4-2004shall apply: (1) To the rental of housing accommodations in a building which contains housing accommodations for not more than four (4) families living independently of each other, if the owner or a member of his family resides in one (1) of the housing accommodations; (2) To the rental of one (1) room or one (1) rooming unit in a housing accommodation by an individual if he or a member of his family resides therein; (3) To a landlord who refuses to rent to an unmarried male-female couple. (b) Nothing in §4-2004shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such a religion is restricted on account of race, color, sex or national origin. (c) Single sex dormitory rental property shall be excluded from the provisions of this chapter which relate to discrimination based on sex. (Code 1959, Sec. 26-6)

(a) The violation of any of the provisions of this chapter shall subject the violator to a civil penalty in the amount of $200 to be recovered in a civil action, provided that in the case of a continuing violation, the total penalty shall not exceed $1,000. (b) The City may sue in a civil act through the General Court of Justice for appropriate remedies to enforce the provisions of this chapter, including temporary restraining orders and mandatory and prohibitory injunctions. (c) In addition to appropriate civil and/or equitable remedies for enforcement of this chapter, a violation of this chapter shall constitute a misdemeanor punishable as provided by law. (Code 1959, Sec. 26-7)

It shall be no defense to a violation of this chapter by a real estate owner or operator, real estate broker, real estate salesman, a financial institution, or other person subject to the provisions of this chapter, that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this chapter. (Code 1959, Sec. 26-8)

(a) The City shall designate an agent(s) to investigate, make determinations of probable cause, and seek to conciliate apparent violations of this chapter. Conciliation efforts may be initiated by any person(s) said to be subject to discrimination as defined in this chapter. (b) The Council shall establish a hearing board which in turn shall adopt formal rules and procedures to hear complaints and make appropriate findings. Such procedures shall be made known to all parties of a given charge of discrimination. Hearings by the board shall commence whenever the agent(s) acting on behalf of the City decides a conciliation failure has occurred and the respondent agrees to participate in the hearing board proceedings. Hearings open to the public may be initiated by the responding party at any time during the conciliation process. (Code 1959, Sec. 26-9)

(a) If the hearing board determines that the respondent has not engaged in an unlawful practice, the board shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be delivered to the complainant, the respondent, the City Attorney and such other public officers and persons as the board deems proper. (b) If the hearing board determines that the respondent has engaged in an unlawful practice, it shall state its findings of fact and conclusions of law and shall negotiate such affirmative action as in its judgment will carry out the purposes of this chapter. A copy of the findings shall be delivered to the respondent, the complainant, the City Attorney and such other public officials, officers and persons as the board deems proper. (c) Affirmative action negotiated under this section may include, but not be limited to: (1) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent; (2) Reporting as to the manner of compliance; (3) Posting notices in conspicuous places in the respondent's place of business in a form prescribed by the hearing board. (4) Sale, exchange, lease, rental, assignment or sublease of real property to an individual; (5) Payment to the complainant of damages for injury caused by an unlawful practice including compensation for humiliation and embarrassment, and expenses incurred by the complainant in obtaining alternative housing accommodations and for other costs actually incurred by the complainant as a direct result of such unlawful practice. (d) The provisions for conciliation and affirmative action shall not preclude or in any way impair the enforcement provisions of this chapter. (Code 1959, Sec. 26-10)

(a) In connection with an investigation of a complaint filed under this chapter, the enforcing agent(s) at any reasonable time may request voluntary access to premises, records and documents relevant to the complaint and may request the right to examine, photograph and copy evidence. (b) Every person subject to this chapter shall make, keep and preserve records relevant to the determination of whether unlawful practices have been or are being committed, such records being maintained and preserved in a manner and to the extent required under the Civil Rights Act of 1968 and any regulations promulgated thereunder. (c) A person who believes that the application to him of a regulation or order issued under this section would result in undue hardship may apply to the hearing board for an exemption from the application of the regulation or order. If the board finds that the application of a regulation or order to the person in question would impose an undue hardship, it may grant appropriate relief. (Code 1959, Sec. 26-11)

It shall be an unlawful practice for a person, or for two (2) or more persons to conspire to do any of the following: (a) To retaliate or discriminate in any manner against a person because he or she has opposed a practice declared unlawful by this chapter, or because he or she has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this chapter. (b) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this chapter. (c) To obstruct or prevent a person from complying with the provisions of this chapter or any order issued thereunder. (d) To resist, prevent, impede or interfere with the enforcing agent(s), hearing board or any of its members or representatives, in the lawful performance of duty under this chapter. (Code 1959, §26-12)

The Human Relations Commission is established. (Ord. No. 1977-474, §1, 3-15-77; Ord. No. 1988-169, §1, 5-3-88; Ord. No. 2004-591, §1, 4-6-04)

Human relations. Human relations shall mean those activities which promote human dignity, equal opportunity and harmony among the many different citizens who make up the population of the City. This definition shall include those activities and programs classified as promoting the general well being of citizens without regard to race, color, creed, gender, age, sexual orientation, or national origin in their daily activities. (Ord. No. 1977-474, §2, 3-15-77; Ord. No. 2004-591, §2, 4-6-04)

The Human Relations Commission shall consist of fourteen (14) members, one who shall be less than twenty-one (21) years of age, all of whom shall be appointed because of their interest in human relations. The members shall be appointed for two-year terms according to the rules and procedures for appoints to City boards and commissions. In addition to these fourteen (14) members, the City Council may also appoint two (2) alternate members to the Human Relations Commission. The alternate members may only participate in the deliberations of the Commission in the event that a member of the Commission is absent from a meeting or disqualified from participating in consideration of a specific matter before the Commission. (Ord. No. 1977-474, §5, 3-15-77; Ord. No. 1984-260, §1, 1-3-84; Ord. No. 1988-110, §1, 1-5-88; Ord. No. 1988-169, §1, 5-3-88; Ord. No. 1993-131, §1, 2-2-93; Ord. No. 2004-591, §3, 4-6-04; Ord. No. 2007-279, §1, 8-7-07; Ord. No. 2020-134 , §1, 10-6-20)

The Human Relations Commission shall serve as an advisor to the Council with respect to human services and human rights. Specifically, the Human Relations Commission may: (a) Evaluate socio-economic human services needs; (b) Review and comment on plans and analyses developed by the Community Services Department for human service needs; (c) Advise the Council on the establishment of human resources goals, objectives, policies and standards; (d) Monitor the trends and activities in human relations in the City; (e) Advise the Council with respect to assistance to be provided established organizations in the area of human relations; (f) Advise the Council with respect to the establishment of human relations goals and policies; (g) Receive, investigate and attempt to conciliate and otherwise process complaints and inquiries concerning human resources, human relations and human rights that are made to the staff assigned under §4-3004 of this chapter or in any other manner referred to the Community Services Department; (h) Establish a subcommittee which shall have the authority to attempt conciliation or mediation or both as to any complaint. (Ord. No. 1977-474, §7, 3-15-77; Ord. No. 1988-169, §1, 5-3-88; Ord. No. 2004-591, §4, 4-6-04)

The Human Relations Commission shall not function in those areas in which the Council has expressly legislated, and the Human Relations Commission is in no way empowered to hear, investigate, initiate or otherwise process any matter pertaining to open housing; such items shall be referred to the Fair Housing Hearing Board. (Ord. No. 1977-474, §8, 3-15-77; Ord. No. 1988-169, §1, 5-3-88; Ord. No. 2004-591, §5, 4-6-04)

The Police Department shall consist of the Chief of Police, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council.

The functions and duties of the department within its jurisdiction shall include: (a) Enforcement of all laws and ordinances. (b) Prevention of crime. (c) Preservation of peace. (d) Protection of persons and property within the City. (e) Performance of any other duties and responsibilities as may be necessary for protection of the health, safety and welfare. Charter reference: Police Department, §§6.21, 6.22. Cross reference: Duties of Chief of Police at fires, §5-2005. State law references: Powers and duties of policemen, G.S. 160A-285; extraterritorial jurisdiction of one mile, G.S. 160A-286; territorial jurisdiction of officers to make arrest, G.S. 15A-402.

All members of the Police Department, with the exception of clerical support personnel, must live within sixty (60) miles' driving distance of the Raleigh Municipal Building. All employees of the Police Department are required to have at their residences an operational telephone. In those cases in which a telephone call from the employee's residence to the Raleigh Municipal Building is long distance, the employee must agree to accept the charges for person-to-person calls to him concerning City business or public safety emergencies. All employees of the Police Department must provide to the department their current residence address and telephone number, and promptly advise the department of all changes. (Code 1959, §2-31.1; Ord. No. 1985-488, §1, 2-5-85; Ord. No. 1992-86, §1, 11-4-92; Ord. No. 2003-435, §1, 5-6-03)

The Chief of Police is authorized to enter into agreements with other law enforcement agencies as permitted by law for the purposes of enforcement of laws and for the preservation of peace and order. State law references: Cooperation between law enforcement agencies, G.S. 90-95.2; between political jurisdictions, G.S. 160A-288.

The Chief of Police, subject to the approval of the City Manager, may employ temporarily, for a period not to exceed twelve (12) months, persons trained and experienced as detectives who need not be legal residents of the County for the purpose of detecting violators of the laws and ordinances effective within the City. Such temporary employees may take the oath of office applicable to full-time regular police officers of the City and shall, if sworn, possess all the powers, duties and authority of such regular police officers, but shall not be subject to the Raleigh Civil Service Act. Such persons so employed shall be subject to the orders and directives of the Chief of Police and the City Manager.

The Fire Department shall consist of a Fire Chief, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council.

The functions and duties of the department shall include: (a) Inspection of fire safety devices and equipment, constructions and obstructions; (b) Enforcement of fire prevention codes; instruction in the correction of violations and when necessary the correction of violations through the courts as a final action; (c) Responding to all calls, fire or rescue and the suppression of all fires as found; (d) Training the City's firefighting force in fire suppression, rescues and in equipment apparatus and operations; and (e) Supervising the upkeep of all fire stations, engine companies, truck companies, and auxiliary vehicles, including the testing and maintenance of fire hydrants. Charter reference: Fire Department, §6.24. State law reference: Fire protection, G.S. 160A, Article 14.

The number of members allowed to each company shall be fixed by the Chief. The number of companies shall not be increased without the approval of the Council. All members of the Fire Department, with the exception of clerical support personnel, must live within fifty (50) miles' driving distance of the Raleigh Municipal Building. All employees of the Fire Department are required to have at their residences an operational telephone. In those cases in which a telephone call from the employee's residence to the Raleigh Municipal Building is long distance, the employee must agree to accept the charges for person-to-person calls to him concerning City business or public safety emergencies. All employees of the Fire Department must provide to the department their current residence address and telephone number, and promptly advise the department of all changes. (Ord. No. 1985-488, §2, 2-5-85; Ord. No. 1992-86, §2, 11-4-92)

(a) The captain of the company arriving first at the fire shall command the Fire Department until the arrival of the Chief or Assistant Chief, who shall immediately take control, and their orders shall be obeyed promptly. (b) The Chief shall have control of all property of the Fire Department; and shall inspect it once in every week and see that everything is kept in a condition for efficient service. (c) The Chief shall have power to make all rules and regulations subject to the legislative control of the Council and approval by the City Manager. (d) The Chief shall make monthly and annual inspection of the apparatus of the whole department, and make a report of same and of all fires to the City Manager. (e) During fires and inspections the Chief shall control all fireplugs, maintain order among the firefighters, and do all things proper for the efficient operation of the department. (f) The Chief shall examine all fire alarm boxes as often as necessary, shall have all repairs immediately attended to and shall examine all fire hydrants at least once in six (6) months, and shall make a report thereof to the City Manager. (g) Whenever any examination or inspection of Fire Department equipment or property, fire hydrants, fire alarm boxes, or other fixtures or equipment shall be required by this article or by any other ordinance to be made by the Chief of the Fire Department, the Chief is hereby authorized to delegate these such duties to such employees of the City as he may designate and to require reports with respect thereto as he may deem proper; but it shall remain the responsibility of the Chief to enforce such delegated duties and to require the employees so designated by him to carry out these duties in a timely, efficient and proper manner. If the inspections are not paid within forty-five (45) days from the date of the inspection a fifty dollar ($50.00) late fee will be assessed in addition to the inspection fee. (Code 1959, §10-3; Ord. No. 2002-346, §1, 12-18-02)

In case of fire the Police Department upon request of the Chief of the Fire Department shall furnish such help as is necessary. In case of the removal or exposure of property, he shall detail a sufficient number of citizens, or police officers, whose duty it shall be, under the direction of the Chief of Police, to guard all exposed property and detain all suspicious and disorderly persons, and to do whatever may be lawfully done to protect the rights of the citizens and preserve the public peace. (Code 1959, §10-4)

It shall be unlawful for any person to ride, drive, or operate a vehicle through the streets or public vehicular areas in which the Fire Department is assembled for the purpose of extinguishing a fire. State law reference: Approach of emergency vehicles, G.S. 20-157.

It shall be unlawful for any person or group of persons to congregate in the streets in or around the same in the vicinity of a fire so as to interfere with the department.

No personshall be allowed to erect, maintain, or operate telegraph, telephone, or electric wires or other wires or cables in the City in such manner as to interfere with the wires of the fire-police emergency boxes. When any person who shall erect, maintain, or operate any telegraph, telephone, or electric wires in the City is notified to cut off the current from such wires during the existence of any fire he shall immediately cut off the current and shall not again turn on the same until proper notice is given by the proper officer of the Fire Department.

No engine, fire truck, or other apparatus of the Fire Department shall leave the City except with the consent of the City Manager or Chief of the Fire Department, or in the absence of the Chief, the Assistant or Division Chief, upon urgent call in cases of fire in neighboring towns or cities. (Code 1959, §10-8; Ord. No. 2004-559, §1, 1-20-04)

In the event of an alarm of fire, the apparatus of the Fire Department shall have the right-of-way in and upon the streets, or railroad crossings in going to any fire, or being upon such streets, or railroad crossings. It shall be unlawful for any person to obstruct or willfully fail or refuse to make way for any of such apparatus. (Code 1959, §10-9) State law reference: Exceptions to right-of-way rules for emergency vehicles, G.S. 20-156.

It shall be unlawful for any person to interfere with a firefighter in the discharge of his duty, or to get on or off of the apparatus going to or from a fire without authority from the Chief or Assistant Chief, or to loiter about the engine houses, or for any person to meddle with the engine, hose, or apparatus. (Code 1959, §10-10)

It shall be unlawful for any person to interfere with the fire alarm telegraph or the poles, wires, fire-police emergency boxes, or other apparatus. (Code 1959, §10-11) State law reference: Molesting fire alarm systems, G.S. 14-286.

It shall be unlawful for any person to turn in or aid or abet in turning in any false fire alarm in the City. (Code 1959, §10-12) State law reference: Giving false fire alarms, G.S. 14-286.

These regulations in Article B shall be known as the "Fire Prevention and Protection Ordinance of City of Raleigh, North Carolina," and may be cited as such and referenced to herein as the Fire Prevention and Protection Ordinance. References to the Fire Prevention Code herein shall mean the North Carolina State Fire Code as adopted by the North Carolina Building Code Council. It is the intent of the Fire Prevention Code and this Code to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life and property from the hazards of fire and explosion within the jurisdiction of the City of Raleigh. The Fire Prevention Code and this Fire Prevention and Protection Ordinance shall not be construed to hold the City responsible for any damage to persons or property by reason of the inspection or re-inspection authorized herein, failure to inspect or re-inspect or the permits issued or denied as herein provided, or by reason of the approval or disapproval of any equipment authorized herein. In the event of conflict, the more restrictive provisions of the Fire Prevention Codeshall prevail over the provisions of the Fire Prevention and Protection Ordinance. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11)

(a)Adoption. For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, or exposure to hazardous materials, the North Carolina Fire Prevention Code (latest edition) along with the North Carolina Amendments of said Code is hereby adopted by reference and is set forth herein as the Fire Prevention and Protection Ordinance for the City. Any amendments to the Fire Prevention Code which are adopted and published by the North Carolina Building Code Council, shall be effective in the jurisdiction of the City at the time such amendments are declared in effect by the North Carolina State Building Code Council. A copy of the fire prevention and protection ordinance, and all technical codes and standards adopted by reference shall be available for public inspection at the Office of the Fire Marshal and or the City Clerk's office. (b)Applicability. The provisions of this ordinance shall apply to all buildings and occupancies in the North Carolina Building Code, General Construction and the Fire Prevention Code (latest edition adopted by the N.C. Building Code Council) and any other building referenced by this ordinance. The provisions of this Code shall apply equally to existing as well as new buildings. All construction, alterations, repairs, replacement, equipment, and maintenance hereinafter made or installed to any building or structure, other than the exceptions to applicability listed in 102.10 of the Fire Prevention Code, shall conform to the provisions of the Fire Prevention Code. Where the North Carolina Fire Prevention Code or its references are inapplicable to a specific occupancy of process, the appropriate NFPA (National Fire Protection Association) or other nationally recognized standard shall be used. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11) State law references: Adoption of technical codes by reference, General Statute 160A-76(b); State Building Code,General Statute 143-138 et seq.

In accordance with Chapter 160A Article 19 of the North Carolina General Statutes, the provisions of the Fire Prevention Code are applicable and shall be enforced within the corporate limits, and also within the extraterritorial jurisdiction of the City. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11)

(a) The Fire Prevention Codeshall be enforced by the Office of Fire Marshal within the Fire Department of the City, which shall be operated under the supervision of the Fire Chief. (b) The Chief in charge of the Office of Fire Marshal, also known as the Fire Marshal, shall be appointed by the Chief of the Fire Department on the basis of the merit principle, and shall serve at the pleasure of the Fire Chief. (c) The Chief of the Fire Department may detail such members of Fire Department as fire prevention inspectors as he may determine necessary. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2014-253, §1, 1-7-14)

(a)The Primary Fire District. The primary fire district of the City is described as follows: Beginning at a point in the center of South Dawson Street and West Morgan Street; thence east to the center of the intersection of West Morgan Street and South McDowell Street; thence south to the intersection of South McDowell Street and West Hargett Street; thence west along the center of West Hargett Street, to the point and place of beginning. (b)The Secondary Fire District. (1) The secondary fire district of the City is described as follows: Beginning at a point in the center of the intersection of South Blount Street and East Morgan Street; thence south to the intersection of South Blount Street and East Cabarrus Street; thence west to the center of the intersection of East Cabarrus Street and South Wilmington Street; thence south to the center of the intersection of South Wilmington Street and East South Street; thence west to the center of South Dawson Street and the east right-of-way of the southern railroad; thence northwest along the east right-of-way of the southern railroad to the center of South Dawson Street; thence north to the center of the intersection of South Dawson Street and West Hargett Street; thence west to the center of the intersection of West Hargett Street and South Harrington Street; thence north to the center of the intersection of Hillsborough Street and South Harrington Street; thence east along the center of Hillsborough Street to the intersection of Hillsborough Street and North Salisbury Street, thence east to the point and place of beginning, excluding that area described as the Primary Fire District in §5-2035. (2) Within the secondary fire district new wood frame structures shall be permitted to be constructed or enlarged when complying with all the following: a. Constructed in compliance with the N.C. Building Code, and b. Building shall be fully sprinkled in compliance with standards set forth in the North Carolina Building Code, and c. That exterior cladding and exterior components (stairs, balconies excluding trim) when intended shall be constructed of non-combustible materials. (3) Within the secondary fire district all structures existing on the date of the adoption of Ordinance No. 2003-477 (July 15, 2003), may be repaired or altered, provided that when any proposed repair or alteration exceeds twenty-five (25) percent of the value of the structure, as determined by the Inspections Director, or when the occupancy use of the building is changed to a higher hazard group, the building shall be required to have either of the following: a. A fire alarm system, or b. A fully sprinkled building, or c. All structural components provide a one-hour fire protected construction. Exception: Type IV (Heavy Timber) construction, parking structures and those surrounded on all sides by a minimum of thirty (30) feet. (4) The provisions of this section shall not be applicable to the construction and/or installation of wood frame structures, such as a Streetery or Parklet, as contemplated and defined in §12-1041, as amended, within the public street right of way for temporary use and that are approved by the City and not inconsistent with the N.C. Building Code. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2022-346 , §4, 3-15-22) State law reference: G.S. 160A-435 through 437.

All electric service entrance conductors within the primary and secondary fire districts as described in §5-2035shall be placed underground in conduit. The conductors and conduit must be of approved materials as determined by the City Inspections Department. This provision shall apply to all newly constructed buildings, to enlarged electrical services in existing buildings, and to existing buildings undergoing major renovations. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11)

(a)Storage of Flammable Liquids in Outside, Aboveground Tanks. The limits on location referenced in the Fire Prevention Code, in which storage of flammable liquids in outside, aboveground tanks is prohibited, are established as follows: all residential zoning districts of the City and the primary and secondary fire districts as described in §5-2035. (b)New Bulk Plants for Flammable Liquids. The limits on location referred to in the Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: all areas zoned for any use other than industrial. (c)Bulk Storage of Liquid Petroleum Gas. The limits on location referred to in the Fire Prevention Code, in which bulk storage of liquid petroleum gas is restricted are hereby established as follows: all areas of the City zoned for any use other than industrial. (d)Self-service Stations. Following the issuance of a permit, unattended self-service stations shall be permitted solely for the dispensing of motor vehicle fuels into commercial or fleet vehicles. The dispensing of motor vehicle fuels shall comply with all of the provisions of North Carolina State Building Code, Fire Prevention Code and National Fire Protection Association Standard 30A for unattended self-service station vendors. Prior to commencing operations, the self-service station vendor shall make application at the Office of the Fire Marshal and shall obtain a permit to operate an unattended self-service station. So long as the conditions and limitations of the permit and the Fire Prevention Code are observed, such permit shall be valid for a time period of twelve (12) months, and it shall be renewable on a recurring basis. Failure by the self-service station vendor or operator to comply with the provisions of this section shall be cause for revocation of the permit. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11)

(a)Definitions. (1) L.P. (liquefied petroleum) gasshall mean and include any materials having a vapor pressure not exceeding that allowed for commercial propane composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane) and butylene (including isomers). (2) L.P. tankshall mean container; any tank or container ranging from forty (40) pounds normal L.P. gas capacity to two thousand (2,000) gallons used for the storage or handling of L.P. gas. (3) Permitshall mean a fire prevention permit issued by the Office of Fire Marshal. (4) N.F.P.A. 58shall mean the current edition of Pamphlet No. 58 as written by the National Fire Protection Association. (5) Standard or Codeshall mean the current edition of N.F.P.A. No. 58 "Storage and Handling of Liquefied Petroleum Gases". (b)Adoption by Reference. The following are adopted by reference as standards and codes for the storage, handling and installation of L.P. gas. (1) N.C. Administration Code, Title 2, Chapter 38, Section .0700, paragraph or rule .0701(1) as it pertains to installation and maintenance of L.P. gas containers from one (1) pound nominal L.P. gas capacity to two thousand (2,000) gallons L.P. gas capacity. (2) National Fire Protection Association, Pamphlet No. 58, current edition of "Storage and Handling of Liquefied Petroleum Gases," with the following exceptions: a. When two (2) or more containers are manifold to a single service, each container shall be considered independent of the other and all rules and regulations relating to a single container shall apply. b. All cutoff valves and regulating equipment exposed to rain, sleet, or snow shall be protected against such elements either by design or by a hood. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2014-253, §1, 1-7-14)

(a) The responsibility for issuance of permits to be used or blasting agents within the City and its area of extraterritorial jurisdiction, as provided under applicable provisions of the Fire Prevention Codeshall be with the Chief of the Office of Fire Marshal. For each instance of blasting within the City and the extraterritorial area, the person or entity securing a permit shall post with the City a bond or liability insurance policy of not less than three hundred thousand dollars ($300,000.00) for bodily injury or death, one (1) person, each accident; five hundred thousand dollars ($500,000.00) for bodily injury or death, more than one (1) person, each accident; and three hundred thousand dollars ($300,000.00) for property damage, each accident, and maintain such insurance continuously during the effective period of the permit. A blasting permit fee shall be imposed in an amount established periodically by action of the City Council. (b) The blasting permit referenced herein shall remain in effect for a period not to exceed three (3) months. It shall be unlawful to engage or permit the further use of explosives or blasting agents on a project for which an expired permit was issued, without securing a new permit. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2014-253, §1, 1-7-14)

(a)Requirements. All commercial enterprises or industries in the City of Raleigh which use, store or manufacture on-site toxic or hazardous materials that must be reported with regulated materials under Title III of the Federal Superfund Amendments and Reauthorization Act (SARA), 42 USC 11001 et seq. , Clean Air Act Amendment 112, Chapter 95 Article 18 of the North Carolina General Statutes and the regulations promulgated there under, must have an approved on-site hazardous materials data storage/key box system at each facility where hazardous materials may be found. This requirement shall ensure consistency at all facilities storing hazardous materials so that responders can quickly locate, access, and utilize information located in the data storage/key box system. All facilities having a system that transmits an off-site alarm for fire detection and/or fire suppression systems shall have an approved on-site key box system (consisting of a data storage box and when required a Hazardous Material Data Storage Cabinet) which contains keys to provide fire department access in an emergency or alarm activation. (b)Contents, Types and Location. (1) The data storage box shall contain keys providing access to all secured areas of the facility and may also serve as the required facility key box required by state and local fire codes. The data storage box shall contain current, specific information needed to assist fire departments and hazardous materials teams responding to emergencies at the facility. This information includes but is not limited to, facility maps or plans showing the type, name and location of hazardous materials, SARA Tier II forms, lists of chemicals, with Chemical Abstracts Service (CAS) numbers that are required to be reported on SARA Tier II forms, 24 hour emergency telephone numbers for essential facility employees and other persons to be contacted in case of emergencies. (2) The data storage box shall contain the Site Specific Hazardous Chemical Plan/Hazardous Materials Management Plan, specifically in the Wake County and City of Raleigh format. This form shall be updated annually, or more often as necessary, to ensure accuracy. (3) The data storage box itself shall be of the type designated and approved by an Office of the Fire Marshal staff member and the Wake County Local Emergency Planning Committee and shall be located at the primary vehicular entrance, outside any security fence that may be surrounding the facility and visible and accessible to emergency responders. If the facility staffs a security control checkpoint, the data storage box may be located at the security checkpoint, but located outside any surrounding security fence, and shall be visible and accessible to all emergency responders. The data storage box may be mounted to a post or other stand alone structure, so long as the above criteria are met. The data storage box may be mounted to a structure that is located outside the secured perimeter, but shall not be mounted to the exterior wall of the facility or inside the facility housing the hazardous materials. (4) Facilities may apply for a site specific variance for the location of the Hazardous Materials Data Storage Cabinet to Wake County Emergency Management, Hazardous Material Planner. It is at the discretion of Wake County Emergency Management whether to approve or deny the request. If an alternated location is approved, the Wake County Emergency Management, Hazardous Material Planner will notify the Fire Marshal as to its location. (5) The type and model key box system required shall be The Knox Company and based on the criteria listed below: a. Buildings with less than five stories: Model 3200. b. Hazardous Materials Facility with site specific plans per Wake County LEPC: Data Storage Cabinet. c. Buildings of five or more stories: Data Storage Cabinet. The Fire Marshal may approve other data storage boxes and Hazardous Material Data Cabinets which are equivalent to those listed herein. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11) State law references:Identification of Toxic or Hazardous Substances, Chapter 95 Article 18 of the North Carolina General Statutes; Fire Prevention Code; Civil preparedness functions under State Department of Crime Control and Public Safety, G.S. §143B-475; Continuity of local government in emergency, G.S. Chapter 162B; Emergency management, G.S. Chapter 166A.

(a)Frequency of Inspections for Existing Buildings. In order to preserve and to protect health and safety, and to satisfy the requirements of General Statute 160A-424, political subdivisions assuming inspection duties, as set out in General Statute 160A-411, shall have a periodic inspection schedule for the purpose of identifying activities and conditions in buildings, structures and premises that pose dangers of fire, explosion or related hazards. Inspection schedules of existing buildings shall be conducted no less frequently than described in the schedule below: Occupancy Classification Inspection Frequency Hazardous Every Year Institutional Every Year High Rise Every Year Assembly (>100 Occupant Load) Every Year Residential Every Year Group Home1 Every Year Licensed Day Care1 Every Year Industrial Every Two Years Educational (Except Public Schools1 ) Every Two Years Business Every Three Years Mercantile Every Three Years Storage Every Three Years Churches and Synagogues Every Three Years Assembly Occupancies with occupant load less than 100 Every Three Years  1  Frequency rates for inspections of an occupancy mandated by the N.C. General Statutes shall supersede this schedule. (b)Building Inspection Fees of Existing Buildings. Fees for fire prevention inspections and permits are hereby established in accordance with the City of Raleigh Fee Schedule. An official schedule of such fees shall be maintained in the Budget and Management Services Department and the City Clerk's Office. Following the completion of the initial inspection, the fee for an inspection of an existing building shall be assessed and an invoice will be supplied to the owner, occupant, or designee. Subjects will have thirty (30) days to remit payment. After thirty (30) days, the bill will be placed in a past due status and a second invoice will be sent to the subject. After a period of sixty (60) days of non-payment, the account will be subject to a ten (10) per cent late fee and the account will be placed on hold and no additional inspections or permits will be issued, civil action will be taken through the court system after a period of ninety (90) days. (c)Re-inspection Fees. When it has been determined that fire hazards or violations of the Fire Prevention Code exists in or upon any property, structure, vehicle, system or process, and written notice of violation and a time period to correct has been given and the period of time given to correct the fire hazard or violation has expired, the Fire Marshal or authorized representative may conduct a re-inspection. A re-inspection fee in the amount set forth in the City of Raleigh Fee Schedulemay be charged for all visits after sixty (60) days. Payment of fees or fines assessed under the City Code does not permit or excuse the continuation of a violation or the fire hazard. (d)Indexing of Fees. All fees will be adjusted annually on July 4 based on the average annual prior calendar year United States Department of Labor Consumer Price Index - All Urban Consumers. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2011-918, §1, 6-21-11, eff. 7-4-11; Ord. No. 2012-65, §1, 6-18-12, eff. 7-1-12; Ord. No. 2013-184, §1, 5-7-13, eff. 7-4-13; Ord. No. 2014-303, §1, 5-20-14, eff. 7-4-14; Ord. No. 2015-414, §2, 4-2-15, eff. 7-4-15 ; Ord. No. 2015-435-TC-368, §1, TC-5-15, 5-5-15 ; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 )

(a)Definitions. Operational Permit is an official document issued by the Office of the Fire Marshal authorizing performance of a specified activity, use, or operation as required in Section 105 of the Fire Prevention Code. (b)Required Operational Permits. Prior to commencing any of the regulated operations of this Code section, a permit shall be obtained from the Fire Marshal's Office pursuant to the procedure set forth in Chapter 1, Section 105 of the Fire Prevention Code, along with the North Carolina Amendments to the State Building Code and this ordinance. Permits shall be obtained to conduct those activities or operations as set forth in the City of Raleigh Fee Schedule. Permits will not be issued if violations of the fire code exist for the specific permit operation; once corrected, those permit(s) will be issued. If violations exist as part of an operational permit, the operation or function shall not continue until the violation is corrected and a re-inspection has occurred. An existing building may be issued an operational permit for the permits listed in the City of Raleigh Fee Schedule; the permit will be included in the fee for the inspection of an existing building in accordance with §5-2041 above All permits and fees will be as set forth in the City of Raleigh Fee Schedule, with fees to be effective the first day of the fiscal year, July 1. Except as otherwise provided within the City of Raleigh Fee Schedule, fee increases shall be based on the average annual prior calendar year United States Department of Labor Consumer Price Index - All Urban consumers. (c)Operational Permit Renewal. Operational permits will be valid for a period of one, two or three years and will be renewable upon completion of a fire inspection in accordance with §5-2041(a). Operational permits are valid until renewed or revoked. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2011-918, §1, 6-21-11, eff. 7-4-11; Ord. No. 2012-65, §1, 6-18-12, eff. 7-1-12; Ord. No. 2013-184, §1, 5-7-13, eff. 7-4-13; Ord. No. 2014-303, §1, 5-20-14, eff. 7-4-14; Ord. No. 2015-414, §2, 4-2-15, eff. 7-4-15 ; Ord. No. 2015-435-TC-368, §2, TC-5-15, 5-5-15 ; Ord. No. 2019-949, §§1(Att.), 2, 6-4-19, eff. 7-1-19 )

These construction permits will only be issued for a new construction project. The permit will be valid for the periods provided in G.S.§160A-418. In the event additional fees are required to be assessed during a construction project, any and all fees must be paid in full prior to the issuance of the Certificate of Occupancy. (a)Construction Permits. In addition to any other fees and permits required by the City Code, a construction permit must be obtained from the City of Raleigh Inspections Department through the Fire Protection Division of the Office of the Fire Marshal and paid for in accordance with the City of Raleigh Fee Schedule. All new construction fees will be as set forth in the City of Raleigh Fee Schedule, with fees to be effective the first day of the fiscal year, July 1. Except as otherwise provided within the City of Raleigh Fee Schedule, fee increases shall be based on the average annual prior calendar year United States Department of Labor Consumer Price Index - All Urban consumers. (b)Applications. An application for a permit shall be filed with the Office of the Fire Marshal on a form furnished for that purpose, provided by the City and shall include the applicant's answers in full to inquiries set forth in such forms. Applications for permits shall be accompanied by appropriate fees and such data as may be required by the Office of the Fire Marshal and/or Development Services Team. The Office of the Fire Marshal may require details, computations, stress diagrams, professional certification and other data necessary to describe the construction or installation of a system or process. (c)Contractor's License Required. When the North Carolina General Statutes requires that general construction, plumbing, mechanical, electrical, fire protection, or gas work be performed by the appropriately licensed individual(s), no permit for such type work shall be issued to an unlicensed person or firm. (d)Plan Review. No construction permit required in this section shall be issued until a review of the plans is first conducted to determine compliance with both the North Carolina Building Code, - including the Fire Prevention Code - and the City Code, including all permits required by the City Code. No permit will be issued until all omitted required permits are acquired and all corrections are made. The charge for plan review shall be in accordance with the City of Raleigh Fee Schedule. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2011-918, §1, 6-21-11, eff. 7-4-11; Ord. No. 2012-65, §1, 6-18-12, eff. 7-1-12; Ord. No. 2013-184, §1, 5-7-13, eff. 7-4-13; Ord. No. 2014-303, §1, 5-20-14, eff. 7-4-14; Ord. No. 2015-414, §2, 4-2-15, eff. 7-4-15 ; Ord. No. 2015-435-TC-368, §3, TC-5-15, 5-5-15 ; Ord. No. 2019-949, §§1(Att.), 3, 6-4-19, eff. 7-1-19 )

Any occupancy hereafter requested, as evidenced by application to the Building Official for a Certificate of Occupancy, shall receive an initial fire code compliance inspection(s), for the establishment of an inspection file and issue any required operational permits. This fire inspection fee will be in accordance with the City of Raleigh Fee Schedule. Occupying a building that has not been issued a Certificate of Occupancy will constitute a civil penalty for each days continued offense. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 )

(a)Smoke Detectors Required. Every owner of a rental residential dwelling unit lawfully constructed without smoke detectors shall install a smoke detector mounted on the ceiling or wall on every level, at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes and in common stairwells in each dwelling unit. Installation must be complete and smoke detectors fully operable within one hundred eighty (180) days after the application of this section. (b)Requirements for Smoke Detectors. All smoke detectors required by this section shall comply with all of the following: (1) Be listed by an agency approved by the N.C. State Building Code Council; and (2) Be powered by batteries or by a non-switchable AC source (attached to the building's electrical current and not contain a switch outside the main panel box); and (3) Be installed in accordance with the manufacturer's instructions; and (4) Be activated and provide an audible alarm. (c)Maintenance. The owner of every rental residential unit where a smoke detector is installed pursuant to this section shall maintain and ensure that the smoke detector is kept in good working order at all times. If a battery-operated smoke detector is used, the batteries shall be replaced at least once per year. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11) State law reference: 1991 Session Laws Chapter 312 §2.

In addition to and not inconsistent with applicable provisions of the Fire Prevention Code, the Fire Chief and the Chief of the Office of Fire Marshal shall, on request, evaluate any new materials, processes, or occupancies requiring fire prevention permits, in addition to those now enumerated in the Fire Prevention Code. Any determinations regarding new materials, processes, or occupancies requiring fire prevention permits shall be made a matter of record, shall be open for public inspection, and copies of such determinations shall be available to interested parties. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2014-253, §1, 1-7-14)

(a)Inspections and Maintenance Required. The owner of the property where any device, equipment, alarm, system and any other feature is required for compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards and specified intervals. If following inspection and testing, any device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below. Maintenance, testing and inspections shall include, without limitation, the following: Fire Protection Measure N.C. Fire Code Reference National Fire Protection Association Code Reference 1. Automatic Fire Sprinkler System 901.6.1 & 901.6.2 25 2. Commercial Hood Cleaning 609.3 96 3. Commercial Kitchen Hood System 901.6.1 & 901.6.2 904.12.6.2 17A 4. Emergency Generator 604.4 110 & 111 5. Fire Alarm System 901.6.1 & 901.6.2 72 6. Fire Doors 703.4 80 7. Fire Escape 1031.2 8. Fire Pumps 913.5 25 9. Foam System (including 5 yr test) 901.6.1 & 901.6.2 25 10. Private Hydrant System 507.5.2 & 507.5.3 25 11. Smoke Control System 909.20 90 & 92B 12. Special Suppression System 901.6.1 & 901.6.2 12, 12A, 750 & 2001 13. Spray Booth 901.6.1 & 901.6.2 33 14. Standpipe (including 5 yr hydrostatic test) 901.6.1 & 901.6.2 25 15. Emergency Responder Radio Coverage Systems 510.6.1; 510.5.4 1221 Testing of all backflow prevention assemblies installed and maintained per NFPA-25 are regulated by the Department of Public Utilities pursuant to §8-2154. (b)Qualifications of Inspectors. Only qualified personnel shall make inspections or perform testing required by the current editions of the North Carolina Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall include, but not be limited to: (1) Personnel who are factory-trained and certified for the type and brand of device, equipment, alarm, system, or feature being inspected or tested. (2) Personnel who are certified by a nationally recognized certification organization approved by the City. (3) Personnel who are registered, licensed or certified by North Carolina or the City of Raleigh to perform the required inspections and testing. (4) Personnel of the Fire Department. (c)Reporting of Inspections and Tests. Records of all installations, inspections, tests and maintenance required by §5-2047shall be provided electronically to the City's designated electronic reporting system. Completed records shall be submitted no later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall be as set forth in the City of Raleigh Fee Schedule. (d)Retention of Records. Records of all any device, equipment, alarm and system inspections, tests and maintenance required by the current editions of the North Carolina Fire Prevention Code and the adopted provisions of technical codes shall be maintained on the premises for a minimum of three (3) yearsfollowing the date of any inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of the City Code or upon the request of the fire control official. (e)Repairs. If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty (30) days of such inspection or test or the property owner shall make all necessary repairs to make the item fully operational. Defective parts must be replaced with manufacturer approved parts. If repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall be as set forth in the City of Raleigh Fee Schedule. Additional inspections and testing may be required of the repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire code official. ( Ord. No. 2015-492, §2, 10-7-15, eff. 10-12-15 ; Ord. No. 2020-101 , §§1, 2, 6-15-20, eff. 7-1-20; Ord. No. 2021-258 , §1, 7-6-21)

No oversight or dereliction of duty or issuance of a permit on the part of any inspector or other official or employee of the Office of the Fire Marshal shall be deemed to legalize or waive the violation of any provisions of the Code of the City of Raleigh or the laws of the State of North Carolina. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2015-492, §1, 10-7-15, eff. 10-12-15 )

(a)Compliance; Responsibility for Enforcement. Compliance with the provisions of this article, including all requirements of the Fire Prevention Code adopted hereunder, shall be enforced by the inspectors of the Office of Fire Marshal of the Fire Department. In exercising its enforcement responsibilities, the goal of the Office of Fire Marshal shall be to employ the enforcement alternatives calculated most effectively to secure compliance with the Fire Prevention Code and other fire prevention standards and requirements of the City. (b)Violations. Any person, who shall violate or fail to comply with any of the provisions of this article, including the Fire Prevention Code adopted hereunder, or who shall violate or fail to comply with any corrective order of the Office of Fire Marshal issued hereunder, or who shall build in violation of any specifications or plans submitted and approved hereunder shall be deemed to have committed a violation of this article and shall be held responsible and subject to the penalties and remedies herein provided. In addition, any such person owning, leasing, using, managing, or occupying any building, structure, or land wherein or whereon there exists anything in violation of this article, including the Fire Prevention Code, or any lawful order issued or plan approved hereunder; or any architect, builder, contractor, engineer, agent, or other person who acts in concert, participates, directs, or assists in the creation or maintenance of a violation of this article or any order issued or plan approved hereunder; or any person who shall erect or use any land, building or structure or any part thereof contrary to this article, the Fire Prevention Code, any order issued or plan approved hereunder; or any person who shall omit, neglect, or refuse to do any act provided for in this article, including the Fire Prevention Code, or any order issued or plan approved hereunder shall be held responsible for a violation of this article and be subject to the penalties and remedies herein provided. (c)Penalties and Remedies. Enforcement may be by any one (1) or a combination of the following methods, and the institution of an action under any of these methods shall not relieve any party from any other criminal or civil proceeding prescribed for violations: (1)Equitable remedies, including injunctions and orders of abatement. As authorized by the City Council, the Citymay apply for any appropriate equitable remedy to enforce the provisions of this article, including mandatory or prohibitory injunctions commanding the defendant, or in the case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of property; or apply for orders of abatement directing that buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other movable property be moved; that improvements or repairs be made; or that other action be taken as necessary to secure compliance with the provisions of this article. The Fire Department is authorized to use the abatement power established in §5-2049 of the Code when appropriate instead of seeking Council authorization for an abatement order to be issued by the courts. (2)Criminal offense. A violation of this article shall constitute a misdemeanor offense as provided by G.S. 14-4; and the maximum fine or term of imprisonment, or both, as authorized by law is hereby imposed. (3)Civil penalty. Any act constituting a violation shall subject the offender to a civil penalty in the following amounts: Life Safety violation—First offense: For violations of Pamphlet 101, "Life Safety," of the Fire Prevention Code$100.00 Life Safety violation—Repeat offenses: For each successive violation of Pamphlet 101, "Life Safety," of the Fire Prevention Code, the penalty shall increase from the previous penalty assessed by$100.00 For violations of other provisions of this article, including the Fire Prevention Code$50.00 Any inspector of the Office of Fire Marshal who determines that a violation of this article has occurred shall either personally serve upon the violator or mail to the violator by certified mail, return receipt requested, a notice of violation and civil penalty citation. Such notice and citation shall: a. State the nature of the violation and the penalty to be imposed. b. Direct the violator to pay the civil penalty by mailing the citation and penalty to the City Revenue Collector, P.O. Box 590, Raleigh, N.C. 27602, or by personally paying the amount at the cashier's window, Raleigh Finance Department, room 118 of the Municipal Building, 222 West Hargett Street. c. Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court. d. Provide and state that the penalty must either be paid as set forth above or the failure to pay must be approved by the Fire Marshal within thirty (30) days from the issuance of the notice and citation. The notice and citation shall further state that if the citation is not cleared within the specified period, the filing of a civil complaint for collection of the penalty may be initiated, together with other legal proceedings, including the filing of criminal charges. As used herein, the term "cleared" shall mean either: (i) Payment; (ii) Arrangement for payment to be made; or (iii) A prima facie showing to the Fire Marshal that the notice and citation were issued as a result of mistake, inadvertence, or inexcusable neglect. e. Provide and state that, unless the violation is corrected and the Civil Penalty paid or otherwise cleared within the specified time period or periods, respectively, the violator may be charged additional civil penalties for each day's continuing violation, as provided herein below: Settlement of civil claim: The Fire Marshal is authorized to accept payment in full and final settlement of the claim or claims, right or rights of action which the Citymay have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful. f. A penalty of fifty dollars ($50.00) in addition to the civil penalty shall apply in those cases in which penalties prescribed in subsection (c)(3) have not been paid within the prescribed period and a civil action has been instituted. (d)Failure to Correct Violations; Continuing Violations. If a violation of this article is not corrected within the time specified in the notice and citation or other lawful order issued hereunder, the violator shall be guilty of a new and separate offense, and each day's further continuing violation shall be a separate and distinct offense, enforceable by all the remedies herein set forth, including additional civil penalties. (Ord. No. 2011-873-TC-344, §1, TC-6-11, 5-3-11; Ord. No. 2014-253, §§1, 2, 1-7-14; Ord. No. 2015-492, §1, 10-7-15, eff. 10-12-15 )

(a)Public Safety Nuisances Established. The failure to maintain the license for a private fire hydrant in violation of the Fire Prevention Code is hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the City and is found, deemed and declared to be public nuisance wherever the same may exist and the creation, maintenance, or failure to abate any nuisances is hereby declared unlawful. (b)Nuisance Abatement Procedures. When any public nuisance as set out in this section is found to exist on any property, including rights-of-way and easements within the City and one (1) mile beyond the City limits, the following procedures shall be followed: (1)Notice to Owner. The Office of Fire Marshal of the City shall notify the owner of the premises where the nuisance is located that: a. The conditions identified in the notice of violation exist which constitute a public nuisance; b. The Code provision(s) identified by Code section number are violated by the stated conditions on the property; c. The Office of Fire Marshal will assess civil penalties and administrative fee of one hundred dollars ($100.00) for second and subsequent notice of violation of the Nuisance Code provisions occurring within twelve (12) months of the first such notice of violation; d. The propertymay have been posted on the date of the nuisance notice of violation with a placard or other appropriate means of notice declaring the property is a public nuisanceproperty; e. Unless the public nuisance is abated within ninety (90) calendar days from the mailing of the notice, the Office of Fire Marshal will initiate the procedures to abate the conditions constituting a nuisance; f. The cost of abatement, including an administrative fee of one hundred seventy-five dollars ($175.00), also including the cost, if any to reseed areas which were formerly a nuisance, shall constitute a lien against the premises with funds paid to discharge the lien payable to the Department of Public Utilities. The City Manager shall make, and may from time to time alter and amend, guidelines to be used by the Office of Fire Marshal in the implementation of the procedures to be used for posting nuisance notices of violation. The Office of Fire Marshal, to the extent required by law, shall make application for and obtain any permit required prior to undertaking the activities to abate the nuisance. The Office of Fire Marshal is authorized to request assistance from the Public Utilities Department in the abatement of nuisances. The Public Utilities Department is authorized, as requested by the Office of Fire Marshal, to abate nuisance pursuant to the section of the Code. (c)Entry of Premises Authorized. The Office of Fire Marshal and the Utilities Departments are hereby given full power and authority to enter upon the premises involved for the purpose of posting the property as a public nuisance and of abating the nuisance found to exist as herein set out. Within the ninety-day period mentioned in subsection (a) hereof the owner of the property where the nuisance exists may appeal the findings of the Fire Marshal made pursuant to subsection (a) hereof to theCouncil by giving written notice of appeal to the Office of Fire Marshal, the appeal to stay the abatement of the nuisances by the Fire Department until a final determination by theCouncil. In the event no appeal is taken, the Office of Fire Marshal and the Public Utilities Department may proceed to abate the nuisance. (d)Appeal. The Council in the event an appeal is taken as provided in subsection (c) hereof may, after hearing all interested persons and reviewing the findings of the Fire Marshal, reverse the finding made pursuant to subsection (b) hereof; but if theCouncil shall determine that the findings of the Fire Marshal made pursuant to said subsection is correct and proper it shall adopt an ordinance specifically declaring the condition existing on the property to be a danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the City and a public nuisance and directing the Office of Fire Marshal to cause the conditions to be abated. An appeal of an administrative fee demand for payment must be filed in writing with the Fire Marshal within ten (10) days after service of the written demand for payment of the Office of Fire Marshal on the petitioner. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied and any supporting documentation. (e)Collection of the Abatement Costs. After the abatement of the nuisance as provided in subsections (b), (c) or (d) hereof the cost of such abatement shall become a lien against the premises upon confirmation of the cost thereof by the Council, which said confirmation shall take place only after ten (10) days' written notice to the owner of the premises where the nuisance existed of the proposed confirmation. Upon confirmation the cost of abatement shall be a lien against the premises from which the nuisance was abated the same to be recorded as provided in G.S. 160A-216 et seq. and to be collected as unpaid taxes. (Ord. No. 2014-253, §3, 1-7-14; Ord. No. 2015-492, §1, 10-7-15, eff. 10-12-15 )

(a) Nuisance notices of violation issued by the Fire Department shall be served upon persons personally, by first class mail, or by posting on the property in conjunction with first class mail. Service shall be deemed sufficient if the first class mail is not returned by the post office within ten (10) days after the mailing. Service by posting shall be deemed sufficient if the first class mail is returned and notice of the pending proceedings was posted in a conspicuous place on the property affected on the day the first class mail notice was sent. (b) Abatement notices, assessments of civil penalties and administrative fees, and appeal decisions shall be served upon persons personally or by first class mail. Service shall be deemed sufficient if the first class mail is not returned by the post office within ten (10) days after the mailing. (Ord. No. 2014-253, §3, 1-7-14; Ord. No. 2015-492, §1, 10-7-15, eff. 10-12-15 )

(a) Any person assessed a civil penalty or an administrative fee as a result of a public nuisance abatement may appeal by filing a written notice of appeal with the Fire Marshal within ten (10) days after service of the written demand for payment of the assessment. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied and any supporting documentation. Failure to file a notice of appeal within this time period shall constitute a waiver of the right to contest the civil penalty or the administrative fee. (b) Using the information provided, the Fire Marshal shall conduct a review of the appeal. The Fire Marshal may amend or reverse the assessment. (c) Unless the Fire Marshal resolves the appeal, the Office of Fire Marshal shall schedule the appeal for determination by the City Council if the person who filed the appeal so requests. The City Council shall fix a reasonable time for the hearing of an appeal, shall give due notice of such hearing to the petitioner and the City Manager, and shall render its decision in a reasonable time. (d) The City Council's decision on a civil penalty appeal or an administrative fee is subject to further review in the superior court of theCounty by proceedings in the nature of certiorari. Any petition for writ of certiorari shall be filed with the clerk of superior court within thirty (30) days after the date that the City Council's decision is issued. (Ord. No. 2014-253, §3, 1-7-14; Ord. No. 2015-492, §1, 10-7-15, eff. 10-12-15 )

(a)Fireman: The word fireman as used in this chapter shall mean and include only an employee of the Fire Department of the City, who shall be carried on the official payrolls of the City as a fireman, and who shall be engaged in or subject to active duties in the fighting and extinguishment of fires and in the protection of property and life therefrom, including but not being limited to a driver of a fire truck, a fireman-mechanic, a private, lieutenant, captain, Assistant Chief and Chief of the Fire Department. (b)Policeman: The word policeman as used in this article shall mean and include only an employee of the Police Department of the City, who shall be carried on the official payrolls of the City as a policeman, and who shall be engaged in or subject to active duties as a law enforcement officer for the maintenance of order, preventing and detecting crime, directing traffic, or enforcing laws and ordinances, with power to make arrests, including but not limited to a private, patrolman, sergeant, lieutenant, captain, Assistant Chief, Chief, or other police officer of the Police Department. Charter reference: Authority to create and administer special relief fund, §2.14(31).

There is hereby created and established a special fund which shall be known as the "Special Fund for Relief of Policemen and Firemen," hereinafter referred to as the "special fund." (Code 1959, §2-48)

Annually, in accordance with the provisions of the Local Government Budget and Fiscal Control Act, Article 3, Chapter 159 of the General Statutes, as amended, the Councilshall appropriate from proper municipal revenues an amount sufficient to provide for the compensation payments authorized and directed by this chapter. (Code 1959, §2-49)

The Finance Director is hereby authorized and directed to accept gifts, bequests and other donations to the "special fund" from any person; provided that any and all such gifts, bequests and other donations shall be accepted and used solely and exclusively for the purposes prescribed and defined by this chapter; and provided, further, that no gift, bequest or other donation intended for this "special fund" shall be accepted if the terms and conditions thereof shall purport to impose special limitations or restrictions upon the use thereof not in accordance with the provisions of this chapter. (Code 1959, §2-51)

No policeman or fireman in the employ of the Cityshall be allowed to receive and accept personally for his own use and benefit any reward for the rendition of any service of any kind which such policeman or fireman customarily renders or may be required to render as an employee in the Police or Fire Departments of the City; provided that in the event any personshall offer to pay or tender the payment of any such reward for services, the moneys representing such reward shall be paid immediately to the Finance Director for deposit into the "Special Fund for Relief of Policemen and Firemen" established by this chapter. Any policeman or fireman who shall violate the provisions of this section shall be subject to discharge or suspension from the employment of the City. (Code 1959, §2-52)

None of the moneys appropriated or in any manner donated to the "special fund" established by this chapter shall be transferred to any other fund of the City. Each year any and all surplus moneys existing in the "special fund" shall be included in the budget estimate of the City and shall be included and reflected in the estimate of revenues of the "special fund," in accordance with the Local Government Fiscal Control Act.

(a) Every fireman and policeman of the City who shall be disabled as a result of any injury by accident, or any occupational disease, arising out of and in the course of the employment of such fireman or policeman as an employee of the City under circumstances which shall entitle such fireman or policeman to compensation under the North Carolina Workers' Compensation Act, G.S. Chapter 97, for temporary partial, temporary total, or permanent total disability, within the meaning of that act, shall be deemed to be an indigent and helpless fireman or policeman, as the case may be, within the meaning of §2.14(31) of the Charter and within the meaning of this chapter, and shall be entitled to compensation payable out of the "Special Fund for Relief of Policemen and Firemen," in an amount equal to the difference between the regular average weekly wages after deductions for social security, Federal and state income taxes and retirement benefits of such employee at the time of injury and the amount of weekly compensation to which such employee shall be entitled for such disability under the Workers' Compensation Act during the period of such disability, but in no case shall the period covered by the compensation provided for by this chapter be greater or longer than ninety-eight (98) weeks, effective on and after February 20, 1955; provided, if the disability shall be for a period of not more than twenty-eight (28) days, full wages or salary shall be payable under this chapter for the first week of such disability. (b) The decision of the industrial commission, subject to judicial review as provided by the Workers' Compensation Act, as to any claim for compensation thereunder, shall be conclusive and final upon the question of the right of any fireman or policeman to compensation under the provisions of this chapter. (Code 1959, §2-54; Ord. No. 1981-654, §1, 5-5-81)

The provisions of this article shall not apply to any injury or disability which occurred prior to July 1, 1950. (Code 1959, §2-55)

Unless an injury or disease is compensable under the provisions of the North Carolina Workers' Compensation Act, as amended, such injury or disease, or disability therefrom, shall not be compensable under this chapter. (Code 1959, §2-56)

The compensation provided for under the provisions of this chapter shall be deemed to be delayed compensation to disabled policemen and firemen entitled to such compensation, as herein prescribed, in consideration of public services rendered in extraordinary hazardous and dangerous employment. (Code 1959, §2-57)

The Finance Director shall be responsible for the proper administration of this chapter.

For the purpose of determining the right to compensation under the terms of this chapter, the terms and provisions of the North Carolina Workers' Compensation Act, as amended, shall be considered to be a part of this chapter (incorporated by reference) to the extent applicable. (Code 1959, §2-59) State law reference: North Carolina Workmen's Compensation Act, G.S. 97-1 et seq.

Pursuant to and subject to the provisions of the General Statutes of North Carolina, the Chief of Police and the Chief of the Fire Department of the City are respectively authorized to establish and maintain volunteer organizations of auxiliary police and fire officers whose members, when called upon for active duty, shall be clothed with all the power and charged with all the duties of regular members of the Police and Fire Departments. (Code 1959, §2-32) State law reference: Auxiliary police, G.S. 160A-282.

Such police and fire officersshall give the same bond and be subject to the orders and directions of their superior officers when on active duty as are the regular members of the Police and Fire Departments of the City. They shall take and subscribe the oath required by law. (Code 1959, §2-33)

Such police and fire officersshall receive no compensation from the City except that the Cityshall pay the premium upon any bond which may be required of them. (Code 1959, §2-34)

Such police and fire officersshall be called to active duty only on emergency or on special occasions when regular police officers and fire officers of the City require their assistance and shall be subject to call of the Chiefs of their departments for training at other times. The Chiefs of the departments are authorized to determine when the services of volunteer police and fire officers are required. (Code 1959, §2-36)

Volunteer police and fire officersshall be covered by the provisions of the Workers' Compensation Act if injured during the performance of any of their duties during active service and shall be entitled to the benefits of insurance which may be provided employees of the City under the provisions of §2.14(31) of the Charter, if death shall ensue from injuries received in the performance of duties during active service. (Code 1959, §2-38)

The Department of Central Engineering shall consist of the Chief Engineer, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council.

The functions and duties of the department include: (a) Performing field surveys and engineering design services as required for the expansion and improvement of the City water and sanitary sewer systems, streets, storm sewers, parks and other facilities of the City. (b) Providing inspection, field engineering and office engineering and design with regard to the following: (1) Street construction (annual paving program and topics program.) (2) Water main installations. (3) Sanitary sewer main installations. (4) New sidewalk construction. (5) Construction of stormwater management system. (6) Manage the stormwater services of the City. (7) Review and approve construction plans for subdivisions and site plans. (8) Inspect construction work in all subdivisions and site plans including streets, utilities, sidewalks, driveways and storm drainage system, and the construction, reconstruction, extending and otherwise building or improving storm sewer and drainage systems. (9) Inspect all construction work done by City contract including streets, utilities, new sidewalks, sidewalk repairs and construction of park facilities. (10) Compute and prepare assessment rolls containing the cost to be assessed against properties benefitted by the construction of new streets, utilities, new sidewalks and sidewalk repairs. (11) Enforce the following: soil erosion and sedimentation control (Part 10 Chapter 5), floodprone area regulations (Part 10 Chapter 4), sidewalks, and driveways (Part 10 Chapter 7) and stormwater control and watercourse buffer regulations (Part 10 Chapter 9). (12) Compute and prepare monthly estimates and final estimates for paving contracts, resurfacing contracts, sidewalk contracts and water and sanitary sewer contracts. (13) Compute fee in lieu payments and project cost reimbursements for site plan and subdivisions. (c) Interpreting floodprone area boundaries interpretations. (d) Assisting in the review of proposed engineering surveys and engineering works used in the planning, evaluation, and design of soil erosion and sedimentation control measures. (Ord. No. 1995-760-TC-122, §2, TC-20C-95, 11-21-95; Ord. No. 1998-454, §8, 11-4-98; Ord. No. 2003-537, §1, 11-5-03) Editor's note: The Central Engineering Department is responsible for inspections with regard to sidewalk and driveway construction to ensure compliance with construction specifications. This includes inspections of construction materials and methods, including the location and number of driveways and width of driveways. Cross references: Paving policies of the City, including assessments, see Resolution No. 280, adopted 8-20-56, as amended; floodprone area regulations, Part 10, Ch. 4; soil erosion and sedimentation control, Part 10, Ch. 5; sidewalk and driveway provisions, Part 10, Ch. 7; use of streets and sidewalks, Part 12, Ch. 1. Secs. 6-1003—6-1010. RESERVED.

(a)Establishment and Composition: (1) The Raleigh Stormwater Management Advisory Commission shall be composed of ten (10) members who shall reside within the City limits. The membership of the Commission shall be appointed by the Council. Each member shall be appointed for a period of two (2) years. The membership of the Commission, to the extent practicable, shall endeavor to provide for diversity with regard to actual or perceived age, mental or physical disability, sex, religion, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in any aspect of modern life. (2) As seats become vacated on the Commission, the City Council shall examine the qualifications and experience of the remaining members of the Commission and endeavor to select new members with qualifications and experience which, in the sole discretion of the Council and to the extent practicable, will cause the Commission to be inclusive of members which include: a. At least one (1) licensed Professional Engineer with experience in stormwater, hydrology, and/or water resources; b. At least one (1) engineer or scientist with special training or expertise in water quality, water pollution control, or the effects of water pollution; c. At least one (1) representative with knowledge and qualifications related to the regulatory aspects of the Clean Water Act, NPDES permitting, and/or other state and federal water-related policies; d. At least one (1) residential property owner, occupant, or representative of City of Raleigh home owners; e. At least one (1) representative of the development industry or a business who does work on behalf of the development industry; f. At least one (1) representative of an environmental non-profit group knowledgeable in the area of stormwater, water resources, and/or water quality; and g. At least one (1) representative in the area of land planning, land management, and/or the legal aspects of land use and zoning requirements. (b)Duties: The Stormwater Management Advisory Commission shall have the following charge and duties: (1) The Commission shall review and recommend to the Council stormwater management policies, policy changes, long range plans and their budgetary and rate impacts. (2) The Commission shall review and comment to the Council on the annual stormwater management capital improvements program. (3) The Commission shall respond to the City Council and city staff requests for advice on matters related to stormwater services and the stormwater management utility. (4) The Commission shall present the Council with an annual report of key actions and issues and its annual work program. (c)Procedure: The Stormwater Management Advisory Commission is directed to adopt rules of procedure necessary to the conduct of its affairs and in keeping with the provision of this Code, all policies of the City Council, and applicable State laws. Such rules of procedure, and any modifications to same, shall be submitted to the City Council for review and approval. Except as provided in this Code, the rules of procedure adopted by the Commission shall at least provide for: selection of the officers of the Commission; the time and place of its regular meetings, which shall at least be held bi-annually, and the calling of special meetings; the procedures of the conduct of public hearings and voting. The Commission shall elect from its membership at least a chairperson and vice chairperson, who shall serve for terms of one (1) year, who shall be eligible for reelection, and who shall have the right to vote. The chairperson shall preside over the Stormwater Management Advisory Commission. In the absence or disability of the chairperson, the vice-chairperson shall perform the duties of the chairperson. All meetings of the Stormwater Management Advisory Commission shall be open to the public, in accordance with the North Carolina Open Meetings Law, G.S. 143-318.10 et seq., and a public record shall be kept of the Commission's resolutions, proceedings, and actions. The rules of procedure and minutes of the Commission are maintained as separate documents in the nature of a public record at the City Clerk's Office. The Central Engineering Department shall provide such technical, administrative, and clerical assistance as required by the Commission. (Ord. No. 2003-537, §2, 11-5-03; Ord. No. 2019-35 , §§1, 3, 12-3-19) Editor's note(s)—Ord. No. 2019-35 , §1, adopted December 3, 2019, renumbered § 6-6011 as § 6-1011.

The procedure of improving any street or sidewalk financed by special assessments shall follow that prescribed in Article 10 of Chapter 160A of the General Statutes as amended and all applicable local acts enacted by the General Assembly. Street and sidewalk improvements may be initiated by the City Council or by a statutory petition of propertyowners.

(a) Whenever the City Council decides to finance a proposed street and sidewalk project by special assessments, it shall first adopt a preliminary resolution (resolution of intent) pursuant to Article 10 of Chapter 160A of the General Statutes. The Council may adopt a preliminary resolution without a petition and assess the costs against the property. (b) (1) Upon the adoption of a preliminary resolution, an information meeting will be held in the neighborhood in conjunction with the local citizens' advisory Council to inform the public about existing Citystreet and sidewalk standards and the availability of variances in these standards. At this meeting, the public will be given an opportunity to express their concerns and desires related to the public improvements. (2) Efforts reasonably calculated to notify interested parties of the proposed public improvements and scheduled information meetings shall be made by the City. Such notice shall be made at least three (3) weeks prior to the meeting and may include, without limitation, first class mailings, citizens' advisory Council newsletters, and the posting of notice on the street. (3) Further deliberations including review of the proposed variances to be recommended to the City Council, will be held with groups or individuals as warranted. (4) The informational meeting, notice, and deliberations required in subdivisions (b)(1) through (3) shall not apply to repairs to resurfacing or to reconstruction of existing facilities. (c) Following these deliberations, a hearing on the preliminary resolution (assessment resolution) and a hearing on the preliminary assessment roll (confirmation hearing) will be held in accordance with Article 10 Chapter 160A of the General Statutes. (Ord. No. 1985-613, §1, 7-16-85; Ord. No. 1987-69, §1, 10-20-87) Charter reference: Street and sidewalk assessments without petition, §6.44.

(a) (1) All requests for street and sidewalk improvements shall be made by petition to the City Council on petition forms prepared and furnished by the Department of Central Engineering. This petition shall state the location of the proposed improvement, the names of the propertyowners affected by the petition as accurately as possible, the street and sidewalk improvement standards of the City, and the conditions for granting variances. (2) A map shall be prepared by the Department of Central Engineering showing the names of propertyowners, location and frontage of each parcel of land or lot abutting on both sides of the proposed street or streets to be improved, and delineation of any lots which comply with the requirements of §6-2021(4)a. (b) After the petition is signed by all propertyowners who wish to have improvements made, it is then returned to the Department of Central Engineering. The petition is then sent to the City Clerk and Treasurer to determine whether the petition conforms to the requirements of G.S. 160A-217. According to this statute, the sufficiency of the petition is determined by the number of propertyowners who sign the petition and the amount of lineal feet of frontage of the lands represented by the signatories, in most cases fifty (50) per cent of the owners and fifty (50) per cent of the lineal feet of frontage is required by the General Statutes; however, G.S. 160A-217 makes exception to this standard. If a valid petition is submitted, the City Clerk and Treasurer will notify the City Council that it may adopt a preliminary resolution (resolution of intent). (c) The following considerations will be factors in the decision of the City Council to adopt a preliminary resolution: (1) Availability of funds; (2) Classification of street or streets proposed to be improved; (3) Estimated unit cost of the proposed improvement; (4) Impact on land use, soil erosion, water quality, and stormwater management; (5) Percentage of development of lots on street or streets proposed to be improved; (6) Percentage of owners and footage represented by the petition; (7) Priority of the need for improvement of this street relative to the need for improvement of other streets; and (8) Time of filing petition with the Department of Central Engineering. (d) If a preliminary resolution is adopted by the City Council, then the public shall be notified and informed as provided in §6-2002(b) and (c) of this chapter. (e) Notwithstanding any provisions herein, the City Council, pursuant to §6-2002may adopt a preliminary resolution of intent and assess the costs against propertyowners without a petition that conforms to the requirements of G.S. 160A-217.

No petition shall be considered by the City Council for the proposed improvement of less than one block of a street and in multiples of less than full blocks except in instances when the petition proposes the improvement to: (a) The end of a dead-end street; (b) The end or beginning of existing paving or sidewalk and it is requested to complete the sidewalk or paving in that block; or (c) A street the remaining portion of which can be completed in its entirety and improved fully at City expense because the improvement complies with the standards of §6-2021(d), and it is requested to complete the paving in that block.

When the total cost of a project has been determined, the Department of Central Engineering shall prepare a preliminary assessment roll. The preliminary roll shall contain a brief description of each lot, parcel, or tract of land assessed, the basis for the assessment, the amount assessed against each, the terms of payment, and the names of the owner of each parcel of land as far as this can be ascertained from the County tax records. A map of the project on which is shown each parcel assessed with the basis of its assessment, the amount assessed against it, and the name of the owner, as far as this can be ascertained from the County tax records shall be a sufficient assessment roll. All completed preliminary assessment rolls shall be filed in the City Clerk and Treasurer's office, where it shall be available for public inspection. Notice of the preliminary assessment roll shall be published by the City Clerk and Treasurer as required by state law.

The City Council shall determine the character and type of construction and materials to be used in the construction of any street or sidewalk improvement, and it shall determine whether any or all of the work shall be done by contract or by City forces. All street and sidewalk improvements shall be constructed in accordance with the standards of this Code and the specifications of the Department of Central Engineering as approved by the City Council.

The streets of Raleigh, other than state highways, are classified as principal thoroughfares and residential streets. The designation or redesignation and classification or reclassification of the streets of the Cityshall from time to time be made by the City Council. (a) A principal thoroughfare is a street which because of the traffic it carries or will carry, is or should be wider or of more substantial construction than is necessary to provide access and service to residential property. Principal thoroughfares shall consist of: (1)Major thoroughfares. Major thoroughfares are roadways with considerable City-wide continuity. These roadways are designed to accommodate large volumes of traffic from one area of the City to another. (2)Minor thoroughfares. Minor thoroughfares are roadways leading to or connecting to arterials and major thoroughfares. These roadways are designed to accommodate large volumes of traffic, but not of major thoroughfare importance. (3)Collectorstreets. Streets which collect traffic from three hundred and fifty-one (351) or more dwelling units, schools, libraries, art galleries or other residential institutions with similar vehicle trip generation and peak loading characteristics. Collector streets have continuity of more than one-half (½) mile in length, or they provide a connection either between thoroughfare system roads or between major traffic generators which would encourage through traffic on any street not classified as a thoroughfare system roadway. Other streets can be regarded as a collector street if the roadway is so illustrated on the City's Comprehensive Plan. (4)Commercialstreets. A street, the predominant use of which is to provide access for abutting commercial, industrial or other nonresidential properties. In lieu of the above definitions, principal thoroughfares may also consist of collector streets as they appear on the "Thoroughfare Plan, Raleigh, Cary, Garner." A copy of this map is on file in the office of the City Clerk and Treasurer. (b) Residential streetsshall consist of: (1)Residential collectorstreets. Streets which collect traffic from more than one hundred and fifty (150) dwelling units, but less than three hundred and fifty-one (351) dwelling units or from day care facilities of more than seventy (70) enrollees; or streets which collect traffic from schools, museums, libraries, art galleries, or other residential institutions that generate traffic volumes or peak loading characteristics equivalent to less than three hundred and fifty-one (351) dwelling units. Residential collector streets have continuity of more than one-half (½) mile in length, or they provide connection between either thoroughfare system roadways or major traffic generators which would encourage through traffic on any street not classified as a thoroughfare system roadway. (2)Residentialstreets. Streets that collect traffic from no more than one hundred and fifty (150) dwelling units or from day care facilities with no more than seventy (70) enrollees; or streets which collect traffic from schools, museums, libraries, art galleries or other residential institutions that generate traffic volumes or peak loading characteristics equivalent to one hundred and fifty (150) dwelling units. Residential streets are not more than one-half (½) mile in length; nor do they provide a collection between thoroughfare system roadways, nor do they provide a connection between major traffic generators which would encourage through traffic movements. (3)Minor residentialstreets. Streets that collect traffic from no more than forty (40) dwelling units. Minor residential streets have continuity of less than one-half (½) mile in length, and they do not provide a connection either between thoroughfare system roadways or between major traffic generators which would encourage through traffic on any street not classified as a thoroughfare system roadway. (Ord. No. 1982-971-TC-168, §2, 9-7-82; Ord. No. 1982-5, §1, 10-19-82; Ord. No. 1987-69, §§2, 3, 10-20-87; Ord. No. 1995-760-TC-122, §§3, 4, TC-20C-95, 11-21-95)

Street widths, from back of curbs and paving widths on streets without curbs shall be as follows: (a) Major and minor thoroughfares, fifty-three (53) feet (16.6 meters) or more; (b) Collector street, forty-one (41) feet (12.50 meters); (c) Commercial street, forty-one (41) feet (12.50 meters); (d) Residential collector street, thirty-six (36) feet (10.97 meters), but forty-one (41) feet (12.50 meters) within three hundred (300) feet of a collector street or thoroughfare system roadway intersection. (e) Residential street, thirty-one (31) feet (9.45 meters); (f) Minor residential street, twenty-six (26) feet (7.92 meters). (Ord. No. 1987-69, §4, 10-20-87; Ord. No. 1995-760-TC-122, §5, TC-20C-95, 11-21-95)

Street improvements made pursuant to this chapter shall contain sidewalks in accordance with the provisions contained in Street, Sidewalk and Driveway Access Handbook on file with the City Clerk. The City Council may authorize the construction of sidewalks on both sides of a street improvement if pedestrian generators (churches, schools, bus routes, shopping and office areas, etc.) create public need for additional sidewalks. The Council may also vary this standard and authorize the construction of no sidewalks pursuant to §6-2015 or asphalt sidewalks pursuant to §6-2016. (Ord. No. 1987-33, §1, 8-4-87; Ord. No. 1991-716, §1, 1-15-91; Ord. No. 1995-760-TC-122, §6, TC-20C-95, 11-21-95)

(a) It is recognized that the construction and design standards and specifications provided in this article may not safely and sensitively handle all situations in an area as diverse as the City. Therefore, the City Council, for existing residential streets, may vary the standards and specifications for street and sidewalk improvements, including but not limited to width of paving; horizontal and vertical alignment; shoulder design and treatment; pavement edge; drainage structures; grading; and elimination of sidewalks, if in the opinion of the Council, application of the standard is substantially injurious to the character or the environment of the neighborhood, and if all of the following conditions exist: (1) The street must be classified as residential street; (2) The street is existing and abutting property is substantially developed; (3) The street must serve a predominantly single family area; and (4) The street by actual count does not carry more than approximately fifteen hundred (1,500) vehicles per day. (b) When variances are requested, the Councilshall consider the following: (1) Safety to pedestrians, vehicular movement, and abutting properties; (2) Collection of significant amounts of water from other streets; (3) Availability of off-street parking; and (4) Pedestrian generators (schools, office and shopping areas, bus routes, churches, etc.) and the availability of pedestrian walkways outside the public rights-of-way. In no event shall the travelled portion of the street be less than eighteen (18) feet (5.49 meters) in width. (c) Design and construction variances may include but are not limited to the following: (1) Curb and gutter on one side and shoulder on the other side; (2) Header curbs; (3) Shoulder and swale design; and (4) Pedestrian walkways on public property outside the street right-of-way. (Ord. No. 1987-69, §5, 10-20-87; Ord. No. 1999-619, §1, 8-3-99)

(a)Installation. Installation of asphalt sidewalks shall be permitted by the City Council only where all of the following are present: (1) No curb or gutter exists on the street immediately parallel to the proposed sidewalk. (2) Prior to construction sufficient right-of-way, existing or dedicated, is available to place the sidewalk in a safe location. (3) There are no existing or projected stormwater deficiencies. (4) No part of the proposed sidewalk extends into or over a proposed street or utility improvement as shown on the amended five-year capital improvements program of any governmental authority. (5) The proposed sidewalk is either within an area that meets the linear distances established in §10-3051(a)(3) of this Code or the City Council finds that there is substantial pedestrian demand to make sidewalks beneficial. (b)Construction standards. All asphalt sidewalks shall be constructed in accordance with all of the following standards: (1) The minimum stone base shall be four (4) inches. (2) The asphalt shall be a minimum thickness of one and one-half ( 1/2) inches. (3) The asphalt sidewalk is designed and installed in accordance with the standards of the engineering department. (Ord. No. 1991-716, §2, 1-15-91)

General street improvements for which assessments are levied include grading of the street right-of-way, paving and constructing bases and surfaces of the street, drainage structures, curb and gutters, swales, storm sewers, inlets, junctions, etc. In addition to general street improvements, assessment charges may include the cost of incidentals applicable to a particular piece of property and not the project as a whole. (a)Principal Thoroughfares in Areas Zoned Residential Districts by the Zoning Ordinances of theCity: (1)Grading. The entire cost of grading up to and including the width required for an improvement thirty-one (31) feet (9.45 meters) or less in width shall be paid for by the abutting property. The cost of grading in excess of street widths greater than thirty-one (31) feet (9.45 meters) shall be paid for by the City. (2)Streetwidths. The entire cost of the base and surface course up to and including the width required for an improvement thirty-one (31) feet (9.45 meters) or less in width shall be paid for by the abutting property. The cost of the base and surface course in excess of street widths greater than thirty-one (31) feet (9.45 meters) shall be paid for by the City. (3)Surface thickness. The entire cost of the surface thickness up to and including the width required for an improvement thirty-one (31) feet (9.45 meters) or less shall be paid for by the abutting property. The cost of surface thickness in excess of street widths greater than thirty-one (31) feet (9.45 meters) shall be paid for by the City. (4)Base thickness. The entire cost of the base thickness up to and including the width required for an improvement thirty-one (31) feet (9.45 meters) or less in width shall be paid for by the abutting property. The cost of base thickness in excess of street widths greater than thirty-one (31) feet (9.45 meters) shall be paid for by the City. (5)Notwithstanding the provisions of subsections (a)(1) through (a)(4) above, the maximum total cost of improvements to be paid for by any abutting property which is zoned a residential district by the zoning ordinances of the Cityshall be as set forth in the City of Raleigh Fee Schedule. The maximum unit costs stated herein do not include sidewalk improvements or other particular items of cost ordinarily assessed against the property such as utility improvements, removal of encroachments, driveway improvements in excess of one sixteen-foot driveway, and other incidentals applicable to a particular piece of property and not to the project as a whole. (b)Principal Thoroughfares in Areas Zoned Any District Other Than a Residential District by the Zoning Ordinances of theCity: (1)Grading. The entire cost of grading up to and including the width required for an improvement forty-one (41) feet (12.50 meters) in width shall be paid for by the abutting property. The cost of grading in excess of street widths greater than forty-one (41) feet (12.50 meters) shall be paid for by the City. (2)Streetwidths. The entire cost of the base and surface course up to and including the width required for an improvement forty-one (41) feet (12.50 meters) in width shall be paid for by the abutting property. The cost of base and surface course in excess of street widths greater than forty-one (41) feet (12.50 meters) shall be paid for by the City. (3)Surface thickness. The entire cost of the surface thickness up to and including the width required for an improvement forty-one (41) feet (12.50 meters) in width shall be paid for by the abutting property. The cost of surface thickness in excess of street widths greater than forty-one (41) feet (12.50 meters) shall be paid for by the City. (4)Base thickness. The entire cost of the base thickness up to and including the width required for an improvement forty-one (41) feet (12.50 meters) in width shall be paid for by the abutting property. The cost of base thickness in excess of street widths greater than forty-one (41) feet (12.50 meters) shall be paid for by the City. (5)Notwithstanding the provisions of subsections (b)(1) through (b)(4) above, the maximum total cost of improvements to be paid for by any abutting property which is zoned for a district other than a residential district by the zoning ordinances of the Cityshall be as set forth in the City of Raleigh Fee Schedule. The maximum unit cost stated herein does not include the sidewalk improvements or other particular items of cost ordinarily assessed against the property such as utility improvements, removal of encroachments, driveway improvements in excess of one sixteen-foot driveway, and other incidentals applicable to a particular piece of property and not to the project as a whole. (c)ResidentialStreets. (1) The maximum total cost of residential street improvements to be paid for any abutting propertyshall be as set forth in the City of Raleigh Fee Schedule. The maximum unit costs stated herein do not include sidewalk improvements or other particular items of cost ordinarily assessed against the property such as utility improvements, removal of encroachments, driveway improvements in excess of one twelve-foot driveway, and other incidentals applicable to a particular piece of property and not to the project as a whole. (2) In addition to any other costs borne by the City, the Cityshall bear the following costs: a. The cost of regrading an already improved residential street, when the City has determined that regrading of an already improved residential street is necessary or desirable; or b. The cost of replacing that portion of a residential street, already improved, when in widening a residential street, it becomes necessary to replace the existing improved portion of the street. (d)StreetImprovements in Residential Areas Undertaken by theCityWithout Assessments. Notwithstanding the charges established in §6-2021(a)(5), (b)(5), (c)(1), the Cityshall make the following street improvements in residential areas without assessment: (1) If street improvements are made simultaneously to both streets on which a lot abuts, assessment of the costs of the installations shall be based upon the entire frontage of one street (short side) plus the frontage of the other street in excess of one hundred fifty (150) feet. (2) If the lot is already served by a street which meets all City standards, any improvements to another abutting streetshall be assessed against the lot owner to the extent that the frontage to be assessed exceeds one hundred fifty (150) feet in length. (3) If a lot fronts on an existing street which meets City standards and abuts at the rear on another street to be built or improved, no assessment shall be made if it shall appear that no reasonable subdivision of the lot can be made by which the new arrangement of lots will benefit from the new or improved street. (4) If a lot abuts on a street or road to be built or improved but physical or topographic restrictions prevent reasonable access thereto from the lot, then no assessment shall be made. In the event that such a lot later gains access formerly thought impossible to the street which was improved, no driveway permit shall be issued until the lot owner has paid a fee equivalent to the amount the lot would have been previously assessed. (5) Street improvements within redevelopment areas as delineated pursuant to G.S. 160A-500 et seq. provided the cost of such work is exclusively paid from community development funds. (Ord. No. 1982-5, §§2—4, 10-19-82; Ord. No. 1986-855, §1, 9-16-86; Ord. No. 1987-54A, §1, 9-15-87; Ord. No. 1989-293A, §1, 12-3-88; Ord. No. 1992-999, §§1, 2, 6-16-92; Ord. No. 1995-660, §§1, 2, 6-20-95; Ord. No. 1995-760-TC-122, §§7—9, TC-20C-95, 11-21-95; Ord. No. 2000-905, §§1—3, 12-5-00; Ord. No. 2001-67, §§1, 2, 9-4-01; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 ) Editor's note: Section 4 of Ord. No. 1987-54A, adopted Sept. 15, 1987, provided that "All petitions for street improvements which are received by the City of Raleigh prior to the first day of October, and which are determined to be sufficient as required by 6-2003(b), shall be assessed at the assessment rate prevailing on the date the petition is received by the engineering department. For City Council initiated street improvements, the assessment rate prevailing on the date the City Council adopted a resolution of intent shall be the assessment rate for that street improvement."

(a) The cost of new sidewalk construction or extensions shall be assessed at the rate as set forth in the City of Raleigh Fee Schedule. The cost shall be assessed against the property abutting on both sides of the street. If there already exists a sidewalk on the other side of the street, the total cost of which was assessed against the abutting property, the owner of the property requiring the new sidewalk shall pay the assessment, the remaining cost of the sidewalk to be borne by the City. If the City Council decides pursuant to §6-2014 that there is a public need for a sidewalk on both sides of the street, and no sidewalk assessment has been previously levied, the full cost of the second sidewalk shall be borne by the City. (b) Notwithstanding the charges established in §6-2022(a), the Cityshall make the following sidewalk improvements without assessment: (1) If sidewalk improvements are made simultaneously to both streets on which a lot abuts, assessment of the costs of the installations shall be based upon the entire frontage of one street (short side) plus the frontage of the other street in excess of one hundred fifty (150) feet. (2) If the lot is already served by a sidewalk which meets all City standards, any improvements to another abutting sidewalk shall be assessed against the lot owner to the extent that the frontage to be assessed exceeds one hundred fifty (150) feet in length. (3) If a lot fronts on an existing sidewalk which meets City standards and abuts at the rear on another street to be built or improved, no assessment shall be made if it shall appear that no reasonable subdivision of the lot can be made by which the new arrangement of lots will benefit from the new or improved sidewalk. (4) If a lot abuts on a sidewalk to be built or improved but physical or topographic restrictions prevent reasonable access thereto from the lot, then no assessment shall be made. In the event that such a lot later gains access formerly though impossible to the sidewalk which was improved, no driveway permit shall be issued until the lot owner has paid a fee equivalent to the amount the lot would have been previously assessed. (5) Sidewalk improvements within redevelopment areas as delineated pursuant to G.S. 160A-500 et seq. , provided the cost of such work is exclusively paid from community development funds. (Ord. No. 1979-236, 10-2-79; Ord. No. 1985-613, §2, 7-16-85; Ord. No. 1986-855, §2, 9-16-86; Ord. No. 1987-54A, §§1, 2, 9-15-87; Ord. No. 1992-999, §3, 6-16-92; Ord. No. 1995-660, §3, 6-20-95; Ord. No. 1995-760-TC-122, §10, TC-20C-95, 11-21-95; Ord. No. 1996-814, §1, 2-6-96; Ord. No. 2000-905, §4, 12-5-00; Ord. No. 2019-949, §5, 6-4-19, eff. 7-1-19 )

The Council may, without petition of abutting propertyowners, require the reconstruction, alteration or repair of sidewalks, driveways, curbs, gutters or drains in conformity with the provisions of §6.44(a) of the Charter. If any of such improvements are required of a propertyowner and the propertyownershall fail or refuse to make the same within thirty (30) days after notice thereof, the Council may cause such improvements to be made and assess the total cost thereof against the property abutting the improvement. In making and collecting assessments for such improvements, the procedure outlined in G.S. 160A-216 et seq. shall be followed to the extent that the same is not in conflict with §6.44 of the Charter. In the event of conflict in the provisions of the General Statutes and the Charter, the provisions of the Charter shall control. The total cost of the repairing, reconstructing or altering of driveways, curbs, gutters, drains, or sidewalks, including the cost of grading and the construction of retaining walls necessary to provide lateral support for abutting property, shall be assessed against the property abutting the improvement. The cost of relocation and construction of driveways, steps, or other means of access to his property from the street as he may deem necessary, shall be borne by the propertyowner. (Code 1959, §19-27; Ord. No. 1983-245-TC-205, §6, 12-6-83; Ord. No. 1985-613, §4, 7-16-85) Charter references: Authority for exemptions from special assessments, §2.14(71); street improvements without petition, §6.44(a). Cross reference: Responsibility for sidewalk and curb repair, maintenance, and replacement, §§7-2008, 10-7002(f)(2), 12-1037.1. State law reference: Authority and procedures for special assessments, G.S. 160A-216 et seq.

The cost of resurfacing an existing paved street which does not otherwise meet or exceed the standards of either chapter 3, part 10 or chapter 2, part 6, of this Code, shall be assessed at eight dollars and fifty cents ($8.50) per front foot against the property abutting on both sides of the street. No assessment project will be initiated unless all of the following conditions are met: (a) The base of the street meets or exceeds the standards of the City. (b) The stormwater does not damage properties adjoining the street or undermine the street. (c) The abutting properties are substantially developed. (d) The street must serve a predominantly single family area. (e) The street by actual count does not carry more than five thousand (5,000) vehicles per day. (f) The abutting properties have driveways and available off-street parking. (g) The travel portion of the streetshall be eighteen (18) feet (5.49 meters) in width. Notwithstanding the charges established above, the City shall resurface the following streets described in this section without assessment: (1) If resurfacing is done simultaneously to both streets on which a lot abuts, assessment of the costs of the resurfacing shall be based upon the entire frontage of one (1) street (short side) plus the frontage of the other street in excess of one hundred fifty (150) feet. (2) If the lot is already served by a street which meets all City standards, any resurfacing to another abutting streetshall be assessed against the lot owner to the extent that the frontage to be assessed exceeds one hundred fifty (150) feet in length. (3) If the lot is already served by a street that has been previously assessed a full prevailing assessment for street resurfacing, resurfacing to another abutting street shall be assessed against the lot owner to the extent that the frontage to be assessed exceeds one hundred fifty (150) feet in length. (4) If a lot abuts on a street or road to be resurfaced but physical or topographic restrictions prevent reasonable access thereto from the lot, then no assessment shall be made. In the event that such a lot later gains access formerly thought impossible to the street which was resurfaced, no driveway permit shall be issued until the lot owner has paid a fee equivalent to the amount the lot would have been previously assessed. (5) Resurfacing within redevelopment areas as delineated pursuant to G.S. 160A-500 et seq. provided the cost of such work is exclusively paid from community development funds. Streets resurfaced under this section which are later improved, resurfaced again pursuant to the provisions of this section, rebuilt, or reconstructed to the standards of either chapter 3, part 10 or chapter 2, part 6 of this Code shall be assessed the full prevailing assessment for such subsequent improvements. (Ord. No. 1987-69, §7, 10-20-87; Ord. No. 1996-814, §2, 2-6-96; Ord. No. 1998-315, §§1, 2, 4-21-98; Ord. No. 1998-377, §§1—3, 7-21-98; Ord. No. 1998-430, §1, 10-6-98; Ord. No. 2000-830, 7-5-00; Ord. No. 2008-463, §1, 10-7-08)

Assessments shall be payable in cash, or, if any propertyowner should so elect and give notice of the fact in writing to the City, in accordance with the provisions of G.S. 160A-232, such propertyownershall have the option and privilege of paying the assessment in ten (10) equal installments, such installments to bear interest at the rate of six (6) per cent per annum from the date of the confirmation of the assessment roll. (Ord. No. 1987-69, §6, 10-20-87; Ord. No. 1996-814, §3, 2-6-96)

Editor's Note: Ord. No. 1998-377, §4, adopted July 21, 1998, repealed §6-2031 which pertained to responsibilities of property owners and derived from Ord. No. 1988-293, §1, adopted Dec. 13, 1988.

Dedicated streets not opened shall not be opened or maintained unless first improved by the owners of the property abutting thereon by the installation of improvements in conformity with City standards. Submission of a sufficient petition as provided in this chapter by abutting propertyowners requesting the improvement of the street on an assessment basis shall be considered as compliance with the provisions of this section. (Ord. No. 1995-760-TC-122, §11, TC-20C-95, 11-21-95) Cross references:City standards for streets, Part 10 chapters 3 and 7; Street Sidewalk and Driveway Access Handbook on file with the City Clerk. Editor's note: The provisions of Part 10 chapter 3 are unaffected by the provisions of Part 6 chapter 2, Ordinance No. (1979)-197 uncodified §2. State law reference: S.L. 1989 Chapter 511.

The City Council has the authority to rename any public street located within the City's corporate limits, except to the extent that authority and control over the street is vested in the State Department of Transportation. (Ord. No. 2021-204 , §1, 3-2-21) State law reference(s)—N.C. Gen. Stat. §160A-296.

Before renaming any public street located within the City's corporate limits, the Cityshall follow the procedure set forth in this Chapter. (Ord. No. 2021-204 , §1, 3-2-21)

1. As used throughout this chapter, all references to a Department Director also include their designee. 2. The Department of Transportation Director shall be responsible for: a. Accepting and processing applications for street name changes and for verifying the information on street name change applications; b. Maintaining case files for street name changes, including maps, correspondence, and minutes of meetings of the City Council; and c. Making all necessary sign changes, following City Council approval of a street name change. 3. The Information Technology Department Director shall be responsible for: a. Maintaining an up-to-date listing of all approved street names; and b. Ensuring address number and block range continuity and initiating address changes, if necessary, in conjunction with street name changes. (Ord. No. 2021-204 , §1, 3-2-21)

1. Application requirements. a. Any person residing within the corporate limits of the City, may request a street name change by submitting an application to the Department of Transportation on a form provided by the City, along with the applicable filing fee set forth in the City of Raleigh Fee Schedule. b. Applications must include the following: i. A recent property map of the street showing parcel numbers; ii. A copy of the recorded plat that originally named the street; iii. A list of propertyowners who own property that abuts the subject street; and iv. Other information and documents that are required to provide notice under subsection 5c. c. Applications submitted by persons residing within the corporate limits of the City must also be signed by fifty per cent (50%), plus one (1) additional signature, of all propertyowners who own property that abuts the subject street. 2. City-initiated street name changes. The City may initiate a street name change at any time without an application by complying with subsections 3, 4, and 5 of this section. 3. Staff review. The Department of Transportation Director, in coordination with the Information Technology Department Director, will review the street name change application to determine whether the proposed name duplicates an existing name or phonetically resembles another existing street name in Wake or Durham County. 4. City council review and adoption of resolution of intent. a. The Department of Transportation Director shall prepare the information required to process the street name change application and place the application on an upcoming City Council agenda. b. The City Council will consider the street name change application and shall adopt, or decline to adopt, a resolution of intent to hold a public hearing on the street name change application. 5. City Council public hearing. a. Following the adoption of a resolution of intent, the City Councilshall schedule and conduct a public hearing on the street name change application. b. Notice of the public hearing shall be provided in the following ways: i. Mailed notice to all property owners and tenants who own, reside, or lease property that abuts the subject street in accordance with UDO Section 10.2.1.C.1.; and ii. Posted notice in at least two (2) places along the subject street in accordance with UDO Section 10.2.1.C.4. This posted notice is in addition to any multi-tenant postings required by subsection i above. c. The Department of Transportation Director will present the street name change application to the City Councill at the public hearing. d. Following the public hearing, the City Council may approve or deny the street name change request by resolution, which shall set forth the effective date of the name change. 6. Action following approval of street name change. a. Within forty-five (45) days following City Council approval of a street name change, the Department of Transportation Director shall place an item to make the necessary amendments to any applicable traffic schedule to reflect the new street name on a upcoming City Council agenda and provide mailed notice of the street name change to the following: i. All property owners and tenants who own, reside or lease property that abuts the subject street in accordance with UDO Section 10.2.1.C.1; ii. U.S. Postal Service; iii. Wake County GIS; iv. Durham County GIS; v. Any public utility requesting notice of street name changes; vi. Wake County Board of Elections; vii. Wake County Public School System; and viii. Any city within five (5) miles of the street. (Ord. No. 2021-204 , §1, 3-2-21)

(a) Stormwater poses a threat to the public health, safety, and welfare because if unmanaged it floods properties, erodes watercourses and channels, and pollutes streams and rivers. (b) By mapping, planning, constructing, operating, cleaning, regulating and maintaining the natural and constructed stormwater management system, the City reduces the adverse effects of stormwater and improves the quality of groundwater, streams, rivers, and lakes in and around the City. (c) Providing a stable source of funding for stormwater services, as hereafter defined, can best be accomplished through stormwater management utility funds. Such a utility will benefit owners and occupants of developed land in the City and other Raleigh citizens. (d) The amount of impervious surface on a property is the single most important factor affecting the peak rate of runoff, the total volume discharged, and pollutant loadings of stormwater that flows from property. State law reference: Authority to adopt a stormwater management utility, Chapter 160A, Article 16. (Ord. No. 2003-537, §3, 11-5-03)

All definitions as used in this chapter, unless the context clearly indicates otherwise, shall have the meaning given herein: Customer or consumer means the person or entity to which a bill for stormwater service charges is sent. Developed land means real property that contains impervious surfaces, and includes improved land without structures and land on which improvements are under construction. Dwelling unit means one (1) or more rooms physically arranged to create an housekeeping establishment with separate facilities for cooking, sleeping and toilet for occupancy by one (1) or more persons. Impervious surface means any surface which because of its material composition or compacted nature impedes or prevents natural infiltration of stormwater into the soil. Impervious surfaces include, but are not limited to, roofs, roof extensions, patios, balconies, decks, including wooden slatted decks, athletic courts, swimming pools, excluding the water area of swimming pools, streets, parking areas, driveways, sidewalks, and any concrete, stone, brick, asphalt, or compacted gravel surfaces. Ungraveled natural footpaths, water surfaces of lakes streams and swimming pools and drain fields are not impervious surfaces. Other residential and nonresidential developed land means any individual lot or parcel of developed land that is not single-family developed land. It includes, but is not limited to, land upon which there are residential structures that contain more than one (1) dwelling unit, such as multi-family dwellings (duplexes and greater), manufactured home park, as defined in Part 10, §10-2002, condominiums, apartments, boarding houses, rooming houses, fraternity houses, sorority houses, dormitories, churches; institutional buildings, whether public or private; hospitals, rest homes, public and private schools, colleges, and universities, commercial, office, hotels and motels, and industrial buildings, storage areas, parking lots and land containing improvements under construction or impervious surfaces. Property owner or owner means the owner of a real property as shown on the Wake County tax records. Single-family equivalent unit (SFEU) is the median of impervious surface on a single-family (detached home) developed land in the City as established by City Council resolution. Single-family developed land means an individual lot or parcel of land developed with only one (1) single-family (attached [townhome] or detached) dwelling unit, one (1) manufactured home, or one (1) mobile home, and the ownership interest of the land and of the dwelling unit are united and identical. Single-family developed landshall not include structures used primarily for nonresidential purposes or other residential and nonresidential developed property. Stormwater management service charge is the charge to provide stormwater services to developed property. The charge is based upon the single-family equivalent unit (SFEU) as calculated for that property. Stormwater management system or system means the system of natural and constructed devices for collecting and transporting stormwater. It includes, but is not limited to, structural drainage systems such as open swales and ditches, catch basins, pipes, inlets, storm sewers, drains, culverts, junction boxes, and other stormwater management facilities that affect the quality and quantity of stormwater located within dedicated public street rights-of-way and City of Raleigh permanent drainage easements accepted by the City and all natural stormwater drainage systems. Stormwater management utility funds mean the stormwater management service charges and the interest generated by those charges. Stormwater services means City stormwater management programs designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater and City service of structural and natural stormwater and drainage systems of all types. Stormwater services include any cost necessary to assure that all aspects of stormwater quality and quantity are managed in accordance with federal and State laws, regulations and rules, and costs related to the mapping, planning, construction, operation, maintenance, inspection, management and regulation of the stormwater management system and the regulation of impervious surface and stormwater. (Ord. No. 2003-537, §3, 11-5-03; Ord. No. 2004-571-TC-243, §§1, 2, 2-17-04)

All stormwater management service charges and interest generated by such charges, the stormwater management utility funds, shall be placed in a separate City account and shall be used by the City of Raleigh solely for the operational costs, maintenance costs, and management costs, indirect costs, capital improvements, debt principal and debt service, and establishment of a reserve fund for stormwater services. The Citymay use funds that are not stormwater management utility funds to provide stormwater services. (Ord. No. 2003-537, §3, 11-5-03)

(a) All developed land in the City, whether public or private, shall be subject to a stormwater management service charge. Exemptions shall not be allowed based on age, tax exemption, or other status of an individual or organization. Stormwater management service charges may be subject to a credit system as further provided herein (b) Stormwater management service charges on developed land shall be set forth in the City of Raleigh Fee Schedule. These charges will be determined and modified from time to time by the City Council so that the revenues generated by said charges will be used to pay the principal and the interest on the debt incurred for stormwater purposes, and such expenses as are reasonably necessary for providing stormwater services within the City of Raleigh. Cross reference: The amount of impervious surface area for single-family equivalent units, the base rate, the tier structure for single-family developed land and late charges are set forth in Resolution No. (2003)-888. (c) Computation of stormwater management service charges. For Other residential and nonresidential land, the monthly stormwater management service charges on developed land is calculated by dividing the total impervious surface area of the property divided by one (1) single-family equivalent unit, rounded to the nearest tenth, multiplied by the established monthly single-family equivalent unit rate as fixed by City Council Resolution. For developments with common property containing impervious surfaces, such as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be responsible for its equal pro rata share of the total impervious surfaces area of the common areas of the development not served by City of Raleigh water or sewer or both unless other arrangements are made pursuant to §6-4006(e). (d) The following exemptions from stormwater management service charges are allowed: (1) Undeveloped land. (2) Improved public streets, not including internal roads within public facilities which have been conveyed to the North Carolina Department of Transportation or City of Raleigh and which are used by the general public for motor vehicle transportation, and private streets constructed in accordance with the Raleigh City Code and City of Raleigh Streets Sidewalks and Driveway Access Handbook. (3) Railroad tracks. However, railroad stations, maintenance buildings or other developed land shall not be exempted from stormwater management service charges. (4) Developed land with less than four hundred (400) square feet of impervious surface area. (5) Portions of developed land that directly drain outside the City limits. No exemption authorized under subsections (4) and (5) shall be made until a written request to the Chief Engineer of the City documenting the application of the exemption is approved. The Chief Engineer may approve or reject the request in whole or in part. (Ord. No. 2003-537, §3, 11-5-03; Ord. No. 2004-571-TC-243, §§3, 4, 2-17-04; Ord. No. 2019-949, §4, 6-4-19, eff. 7-1-19 )

(a) The Citymay provide a system of credits to reduce stormwater management service charges for properties on which stormwater control measures substantially mitigates the peak discharge or runoff pollution flowing from such properties or substantially decreases the City's cost of maintaining the stormwater management system. The Central Engineering Department will develop written policies to implement the credit system. No credit will be authorized until the City Council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the City Clerk. The City's policies may make credits retroactive to the date stormwater management service charges were initiated. Any bill charges requiring adjustments must be applied through the utility billing system. But no credit will be granted for more than three (3) past years. Nothing shall prevent the City Council from modifying the adopted system of credits, and such modifications may apply to holders of existing credits. (b) Each credit allowed against the stormwater management service charge is conditioned on the continuing operation and functioning of the stormwater control measure as designed; credited stormwater control measures must comply with all applicable laws, ordinances and regulations, and credits may be rescinded for noncompliance with these standards. (c) Each credit for which a customer applies shall be subject to review and approval by the Chief Engineer or his designee. The Chief Engineer may approve or reject any application for a credit in whole or in part. (d) Credits shall only be applied to developed lands containing the credited stormwater control measure. For developments with common property containing credited stormwater control measures such as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be eligible for its equal pro rata share of the credit unless other arrangements for billing the stormwater management service charge are made pursuant to §6-4006(e). (Ord. No. 2003-537, §3, 11-5-03)

(a) Bills for stormwater service shall be sent at regular periodic intervals. Stormwater management service charges may be billed on a combined utility bill that also contains charges for sewer service or combined sewer and water service and/or solid/waste management service. Stormwater management service charges that are shown on a combined utility bill may be for a different service period than that used for sewer service or combined sewer and water service. (b) Stormwater management service charges for a property that receives sewer service or combined sewer and water service will be sent to the customer receiving such service. However, where multiple water and sewer accounts exist for a single parcel, the bill for stormwater management service charges may for good cause shown at the discretion of the City be sent to the property owner. Additional policies concerning billing will be developed by the City. (c) The property owner is ultimately responsible for payment of the stormwater management service charge for property for which the party billed has not paid the stormwater management service charge. (d) Owners of property may, with the consent of the City, designate each occupant of the property as the party to receive the bill for stormwater management service charge by completing and properly executing a form provided by the City. Such designation shall fairly allocate the impervious surfaces actually used by the billed party, and it shall be binding for the period of time specified by the City. No occupant may be designated as the party to receive the bill for stormwater management service charge unless the occupant is also receiving a City sewer service or combined sewer and water service bill. Such transfer does not relieve either the owner or occupant from liability for stormwater management service charges if they are not paid by the party billed. (e) The residents of townhouse, cluster unit, and condominium developments and other similar properties containing impervious surface in common areas may in accordance with this subsection charge the total impervious surface of all commonly-owned or common areas to the homeowners association. The bill for stormwater management service charge will be sent to the homeowners' association upon official request of a majority of all lot or unit owners of the association; provided that (1) the current adopted budget of the association includes this additional charge to the homeowners association, (2) the association is receiving a City sewer service bill or combined sewer and water service bill and (3) a payment bond in the amount of six (6) months estimated bill in favor of the City. Stormwater management service charges applied to all individually-owned property within the development may likewise be billed to the homeowners association. Any request for homeowner association billing must contain all information required by the City and shall be binding for the period of time specified by the City. (Ord. No. 2003-537, §3, 11-5-03)

(a) Where stormwater management service charges appear on a combined utility bill or a master summary bill, and a customer does not pay the service charges for all the utilities on the bill, the partial payment will be applied to the respective service charges in the following order: delinquent stormwater management service charges, delinquent recycling and/or solid waste management service charges, delinquent sewer service or combined sewer and water charges, current stormwater charges, current recycling and/or solid waste management service charges and current sewer service or combined sewer and water charges. (b) Stormwater management service charges are due at the collection office in City hall within the time period stated on the bill. Bills not paid within this time shall be charged a late fee as set forth in the City of Raleigh Fee Schedule. (c) Where a property receives sewer service or combined sewer and water service, if stormwater management service charges for that property are not paid, sewer service or combined sewer and water service to that propertymay be terminated, whether or not the stormwater management service charges were included on a combined utility bill. Termination will be handled in accordance with standard operation provisions of the City. At least twenty-one (21) days prior to termination of service, the City will post a sign or signs either upon the subject property or at convenient locations as it deems appropriate. Such posting shall advise that City sewer service or combined sewer and water service may be terminated and direct further inquiry to a listed telephone number. All postings are for the convenience of the public and any defective posting shall not invalidate the termination of City utility services. (d) No property for which stormwater management service charges are outstanding is entitled to receive sewer service or combined sewer and water service until the outstanding stormwater management service charge on that property is paid. No customer with a delinquent stormwater management service account is entitled to open a sewer service or a combined sewer and water account at the same or different location until the delinquency has been satisfied. (e) If property is underbilled, or not billed, or a bill is sent to the wrong party, the Citymay backbill up to a three-year period. (f) Customers with complaints about the accuracy of stormwater management service charges are entitled to a review as provided in section 6-4008. No charge will be retroactively adjusted to resolve customer complaints for a period of more than three-year prior to the date the City received the complaint. Any bill charges requiring adjustment must be applied through the utility billing system. (Ord. No. 2003-537, §3, 11-5-03; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 )

Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner: (1) An appeal must be filed in writing with the Chief Engineer. At the discretion of the Chief Engineer, the appeal may be required to include a survey prepared by a registered land surveyor and such other information that show the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to the stormwater events. (2) Using the information provided, the Chief Engineer shall conduct a technical review pursuant to good engineering practices. The Chief Engineer may adjust the stormwater service management charge so long as the adjustment is in conformance with the general purpose and intent of this chapter. At the conclusion of the review, the Chief Engineer shall issue a written determination stating whether an adjustment to the stormwater service management charge is appropriate, and if so, the percentage of such adjustment. Any approved adjustments must be communicated in writing to the appropriate utility billing staff. (3) An appeal may be taken from any decision of the Chief Engineer which is adverse to the customer by giving notice of appeal to the City Manager within thirty (30) days after service of the Chief Engineer's written decision on the customer. Notice of appeal shall be given by the customer by delivery of a written statement to the City Manager stating the grounds for the appeal and providing the City Manager with a copy of the written decision of the Chief Engineer. The Chief Engineer shall transmit to the City Manager and the customer all documents constituting the record upon which the Chief Engineer's decision was made. (4) All decisions of the Chief Engineer and City Manager shall be served on the customer personally or by registered or certified mail. Mailing shall be based upon the billing address of the customer. (5) Following the decision of the City Manager, the customermay make an appeal to the City Council. The City Councilshall fix a reasonable time for the hearing of an appeal, shall give due notice of such hearing to the customer and the manager, and shall render its decision within a reasonable time. (6) When an appeal is from a decision authorizing an adjustment to the customer's bill, the Chief Engineer's decision shall remain in effect until and unless reversed or otherwise modified. No adjustment to a customer's bill shall be made which is for more than the three-year period immediately preceding the date that the customer's request is first received by the City. (Ord. No. 2003-537, §3, 11-5-03)

(a) The City shall be responsible only for the portions of the drainage system which are in City maintained street rights-of-way and permanent storm drainage easements conveyed to and accepted by the City. Repairs and improvements to the drainage system shall be in accordance with established standards, policies, and schedules. (b) The City's acquisition of permanent storm drainage easements and/or the construction or repair by the City of stormwater control measures and drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited to, flooding, erosion, or standing water. (Ord. No. 2003-537, §3, 11-5-03)

(a) This section authorizes and sets forth the procedures and terms under which the City may negotiate and approve reimbursement agreements with private developers and property owners for the design and construction of municipal infrastructure that is included on the City's capital improvement plan and serves the developer or property owner. For the purpose of this section, the term "municipal infrastructure" includes, without limitation, water mains, sanitary sewer lines, lift stations, stormwater lines, streets, curb and gutter, sidewalks, traffic control devices, and other associated facilities. (b) The City Manager, or their designee, is authorized to negotiate, approve, and execute municipal infrastructure reimbursement agreements with private developers and property owners pursuant to this section. Notwithstanding the above, City Council authorization must be provided for the City to enter into any reimbursement agreement under this section if the total estimated costs of the proposed project (including amounts paid by parties other than the City) exceed the delegation of authority to the City Manager in Section 2-4003 of the City Code. (c) A municipal infrastructure reimbursement agreement approved pursuant to this section shall require the private developer or property owner who is a party to comply with the requirements of Article 8, Chapter 143 of the North Carolina General Statutes relating to public advertising and bid solicitations that would have been required if the construction contract had been awarded by the City. (d) The City Manager shall establish rules, requirements, and procedures for private developers or propertyowners who desire to participate in reimbursement agreements authorized under this section, which may include terms relating to utilization of Minority and Woman-Owned Business Enterprise contractors for work to be reimbursed by the City. ( Ord. No. 2022-429 , §2, 10-18-22)

(a) This section authorizes and sets forth the procedures and terms under which the City may negotiate and approve intersection and roadway improvement agreements with private developers and property owners for the design and construction of public intersection or roadway improvements that are adjacent or ancillary to a private land development project. (b) The City Manager, or their designee, is authorized to negotiate, approve, and execute intersection and roadway improvement agreements with private developers and property owners pursuant to this section. (c) The City Manager shall establish rules, requirements, and procedures for private developers or propertyowners who desire to participate in agreements authorized under this section, which may include terms relating to utilization of Minority and Woman-Owned Business Enterprise contractors for work to be reimbursed by the City. (d) Agreements authorized by this section shall not be subject to Article 8 of Chapter 143 of the North Carolina General Statutes if the public cost will not exceed two hundred fifty thousand dollars ($250,000.00) and the City determines that: (1) The public cost to the City will not exceed the estimated cost of providing for such improvements through either eligible force account qualified labor performed by City employees or through a public contract let pursuant to Article 8 of Chapter 143 of the North Carolina General Statutes; or (2) The coordination of separately constructed public intersection or roadway improvements and the adjacent or ancillary private land development improvements would be impracticable. (e) Notwithstanding subsection (b) above, City Council authorization must be provided for the City to enter into any reimbursement agreement under this section if the total estimated costs of the proposed project exceed the delegation of authority to the City Manager in Section 2-4003 of the City Code. ( Ord. No. 2022-429 , §3, 10-18-22)

The Department of Solid Waste Services shall consist of a Director of Solid Waste Services, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and City Council and whose salaries shall be fixed by the City Council. (Ord. No. 1998-454, §9, 11-4-98)

The functions and duties of the Department of Solid Wastes Services shall include the following: (a) Collecting solid waste from residential and commercial establishments, operating sanitary landfills and other approved facilities for disposal of solid waste generated within the corporate limits of the City of Raleigh. (b) Supervising and controlling access to rental landfill. (c) Administering recovery and/or sale of reusable materials. (d) Removing dead animals during normal working hours. (e) Reviewing and approving collection, and disposal management plans or practices, to ensure the protection of the environment, public health, public safety, general welfare, quality of life, and sustainability throughout the City. (f) Requiring removal, abatement, or remedying nuisances, including, but not limited to, requiring modifications to refuse management, storage collection methods, point of collection, path of collection, or disposal plans. (g) Requiring, approving, or allowing modifications or alternate collection plans by the Director or the Director's designee, after investigation and determination, that the modifications or alternate collection plans will remedy a nuisance, prevent a circumstance that may create a nuisance, protect the environment, have a positive impact on quality of life or remedy repeated violations of the Raleigh City Code. In addition, the modifications or alternate collection plans must be based on sound collection, safety, compliance, enforcement, sustainability, and risk management principles. (h) Ensuring that the manner of collection, the means of collection, or collection storage device(s) do not endanger the safety of Solid Waste Services employees. (i) Approving alternative methods of collection if they have no negative impact on employee safety, public health, and public safety. (Ord. No. 1998-454, §9, 11-4-98; Ord. No. 2022-398 , § 1, 7-5-22) Charter reference: Department of Public Works, §§6.16—6.18. State law references: Establishment and control of streets, G.S. 160A-196 et seq. ; solid waste collection and disposal, G.S. 160A-311(6), G.S. 160A-02.

As used in this chapter, the following terms shall have the meanings ascribed to them, respectively. (a)Ashes. Refuse resulting from the burning of wood, coal, coke, and other combustible material. (b)Building rubbish. Rubbish from construction, remodeling, and repair operations on houses, commercial buildings, and other structures, including but not limited to stones, brick, plaster, lumber, concrete, and waste parts occasioned by installations and replacements. (c)Combustible refuse. Refuse, capable of incineration or burning, such as garbage, paper, rags, boxes, and wood. (d)Garbage. Animal and vegetable refuse resulting from the handling, preparation, cooking, and consumption of food, including a minimum amount of liquid necessary incident thereto. (e)Industrial waste. Waste from factories, processing plants, and other manufacturing enterprises. (f)Noncombustible refuse. Refuse not capable of incineration or burning, such as ashes, tin cans, metals, mineral matter, crockery, and glass. (g)Nuisance. Any condition that is dangerous, hazardous, detrimental, or can have a negative impact on public health, public safety, quality of life, or general welfare of the City. (h)Person. Individual, firm, partnership, association, institution, corporation, municipalities and other political subdivisions, and governmental agencies. (i)Refuse. Solid waste, including but not limited to garbage, rubbish, ashes, and yard waste. (j)Regulations. Regulations of the City Manager of the City, now or hereafter in effect, promulgated under this chapter or other authority. (k)Rubbish. Refuse (exclusive of garbage and ashes) including but not limited to paper, rags, cartons, boxes, wood, excelsior, tires, rubber, leather, tin cans, metals, mineral matter, glass, crockery, and dust, except for dust incidental to excavated earth. (l)Sharps. Needles, syringes with attached needles, capillary tubes, slides, and cover slips. (m)Waste. Useless, unused, unwanted, or discarded materials resulting from natural community activities, including solids, liquids, and gases. Clean excavated earth shall not be considered waste material for the purpose of this part. (n)White goods. Residential appliances limited to washing machines, clothes dryers, stoves, ranges, ovens, refrigerators, freezers, dishwashers, and water heaters. (o)Yard waste. Vegetative trimmings from flowers, house plants, yards, or other landscaped areas, consisting only of leaves, grass clippings, plants, small brush, hedge clippings, Christmas Trees, small limbs, and dry seed pods, but excluding flocked trees, noxious weeds, and toxic plants. (Code 1959, §19-22; Ord. No. 1983-98, §1, 4-19-83; Ord. No. 1985-639A, §§1—5, 9-17-85; Ord. No. 1995-760-TC-122, §12, TC-20C-95, 11-21-95; Ord. No. 1998-361, §§1—6, 6-11-98; Ord. No. 1998-454, §9, 11-4-98; Ord. No. 2022-398 , § 2, 7-5-22)

The collection, removal and disposition of all waste from premises in the City shall be under the jurisdiction of the City Manager, except as otherwise provided in this Code. (Code 1959, §19-27; Ord. No. 1983-245-TC-205, §6, 12-6-83; Ord. No. 1985-613, §5, 7-16-85; Ord. No. 1987-25, §1, 8-4-87; Ord. No. 1998-454, §9, 11-4-98) Sec. 7-2002.1. ENFORCEMENT BY SOLID WASTE SERVICES DEPARTMENT. (a) The Solid Waste Services Director, or the Director's designee, is clothed with full power and authority imposed by this and other related sections of the Raleigh City Code related to the protection of public health, public safety, general welfare and the peace and dignity of the City, in accordance with N.C. Gen. Stat. Section 160A-174. This includes, but is not limited to, requiring the prevention or remedy of activities or practices that in any way encroach, obstruct, or tend to obstruct sidewalks, rights-of-way, public spaces, parkways, adjoining property, the curb or edge of the pavement of any abutting street. (b) The Solid Waste Services Department is given the authority to establish policies, procedures, and practices related to the collection of refuse, recycling, and yard waste, and related to the prevention of nuisances, the prevention of items banned from landfills from entering the waste stream in accordance with N.C. Gen. Stat. Section 130A-309.10(f), and the prevention of contamination of refuse loads. The Solid Waste Services Department is authorized to communicate the Department's policies, procedures, and practices through the provisions in this part of the Raleigh City Code, education, outreach, press releases, public notices, a Solid Waste Collection Design Manual, as amended, an administrative waste collection manual, and other forms of communication. (c) The Solid Waste Services Department is authorized to enforce violations of any provision contained within this part, and to include, but not limited to, violations involving nuisances, the placement of banned items from landfills, as set forth in N.C. Gen. Stat. Section 130A-309.10(f), into solid waste containers, and contamination of refuse loads in accordance with the enforcement provisions in Raleigh City Code Sections 7-2002.2 and 7-2002.3. (Ord. No. 2011-822, §1, 1-4-11; Ord. No. 2022-398 , § 3, 7-5-22) Sec. 7-2002.2. INITIAL WARNINGS, ADMINISTRATIVE FEES, AND CIVIL PENALTIES. (a) Except as otherwise stated, any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, who violates any provision contained in Part 7 of the Raleigh City Code shall be subject to an initial warning for the first violation. (b) Except as otherwise stated, any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, who violates any provision contained in Part 7 of the Raleigh City Code, after receiving an initial warning, shall be subject to an administrative fee of one hundred fifty dollars ($150.00) per violation. (c) Except as otherwise stated, any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, who violates any provision contained in Part 7 of the Raleigh City Code, after receiving an initial warning and an assessment of an administrative fee, shall be subject to a civil penalty of two hundred fifty dollars ($250.00) per violation. (d) Any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, who places items banned from landfills, as set forth in N.C. Gen. Stat. Section 130A-309.10(f), who contaminates refuse, recycling, or yard waste loads, or who causes a nuisance, shall be subject to an administrative fee of one hundred fifty dollars ($150.00) and a civil penalty of two hundred fifty dollars ($250.00) per violation. (e) Each twenty-four-hour period during which a violation occurs, shall constitute a separate violation. (f) If a person fails to pay the administrative fee or the civil penalty within thirty (30) days after being notified of the amount due, the City may recover the administrative fee and/or the civil penalty, together with all costs, by filing a civil action in the General Court Of Justice in the nature of a suit to collect a debt. (Ord. No. 2011-822, §2, 1-4-11; Ord. No. 2022-398 , § 4, 7-5-22) Sec. 7-2002.3. APPEAL OF ADMINISTRATIVE FEES AND CIVIL PENALTIES. (a) Any person assessed an administrative fee or a civil penalty, may appeal by filing a written notice of appeal with the Director of the Solid Waste Services Department or the Director's designee within ten (10) days after service of the written demand for payment of the assessment. The written appeal shall provide the reasons the petitioner contends that the administrative fee or civil penalty was wrongly applied, and the petitioner shall provide any supporting documentation. Failure to file a notice of appeal within the ten-day period shall constitute a waiver of the right to contest the administrative fee or the civil penalty. (b) Using the information provided, the Director of the Solid Waste Services Department or the Director's designee shall conduct a review of the appeal. The Director of Solid Waste Services or the Director's designee may uphold, amend, or reverse the assessment. (c) Within ten (10) days after receiving the decision of the Director of Solid Waste Services or the Director's designee, the petitioner may appeal to the City Manager and the City Council. Failure to file a notice of appeal within the ten-day period shall constitute a waiver of the right to appeal the decision of the Solid Waste Services Director of the Director's designee. (d) The City Council shall fix a reasonable time for the hearing of an appeal, shall give due notice of such hearing to the petitioner, and the City Manager, and the City Council shall render its decision within a reasonable time. (e) The City Council's decision on an administrative fee or civil penalty appeal is subject to further review in the Superior Court of Wake County by proceedings in the nature of certiorari. Any petition for writ of certiorari shall be filed with the Clerk of Superior Court within thirty (30) days after the date that the City Council's decision is issued. Failure to file a petition for writ of certiorari within the thirty-day period shall constitute a waiver of the right to appeal the decision of the City Council. (Ord. No. 2011-822, §3, 1-4-11; Ord. No. 2022-398 , § 5, 7-5-22)

(a) The City Manager shall make, and may from time to time alter and amend, such regulations as are expressly required by the provisions of this chapter, and may make, and from time to time alter, amend or revoke such other regulations as to the applications, administration, interpretation and enforcement of this chapter as are necessary or expedient to execute and make effective its provisions; provided, no such regulations shall be in conflict with the provisions of the Raleigh City Code or any other ordinance or any statute. (b) All regulations made by the City Manager and all alterations, amendments, and revocations thereof, shall become effective upon adoption. (Code 1959, §19-28; Ord. No. 1998-454, §9, 11-4-98; Ord. No. 2022-398 , § 6, 7-5-22)

(a)Availability and extent of service. Solid waste collection devices, design for access, storage, general container standards, and other design requirements shall be found in a Solid Waste Collection Design Manual, as amended, which is incorporated by reference as though set forth herein, and which is to be kept on file in the City Clerk's office. Collection, storage, disposal, point of collection, path of collection, and/or preparation of garbage, recycling, yard waste, and other collected items shall be in accordance with provisions in this part of the Raleigh City Code, and/or published education, outreach, or other forms of communication authorized by the Solid Waste Services Director or the Director's designee. Except as otherwise provided in this chapter, or in other ordinances, and except in cases of inadequate funds, labor equipment or materials, and of emergencies or circumstances over which the Solid Waste Services Director has no control, and subject to the limitations of this section regarding types of service, and quantities of refuse handled, service quantities, type, and frequency of service shall be as follows: (1) Any development consisting of detached single-family dwellings or attached single-family dwellings with a ground level individual entrance for each unit); or a development consisting of other multi-family dwellings up to six (6) units in any development with a ground level individual entrance for each unit are allowed curbside pickup of refuse from each individual unit utilizing containers meeting the size and weight specifications of the Solid Waste Collection Design Manual, as amended: once per week, if possible, with the following exception: (2) All developments consisting of more than five (5) attached dwellings with common entrances in each building or with units arranged one (1) above the other in multiple stories (flats), must provide a common collection facility in accordance with the Solid Waste Collection Design Manual, as amended, and refuse collection must be contracted with a private hauler: Twice per week, if possible. (3) Non-residential properties must be served by common collection facilities as noted in the Solid Waste Collection Design Manual, as amended, and refuse collection must be contracted with a private refuse hauler: Twice per week, if possible. The following are exceptions to this requirement: a. Small businesses or offices located in an area that is primarily residential, may be allowed curbside collection service by the City, and curbside recycling service, provided that refuse generation for the building does not exceed two (2) individual ninety-six (96) gallon roll-out refuse containers meeting the standards in the Solid Waste Collection Design Manual, as amended, and that are purchased by the small business or office. Eligibility for this service will be determined on a case-by-case basis by the Solid Waste Services Director or the Director's designee. Businesses not meeting the above criteria will be required to use a private hauler. Collection and disposal plans must be in accordance to the standards noted in this part of City Code and the Solid Waste Collection Design Manual b. Central Business District. 1. Central Business District residential, commercial, office, entertainment, institutional, medical, educational, charitable and other non-industrial uses located in an area bounded by Cabarrus Street, Blount Street, Edenton Street and McDowell Street may request curbside pickup of refuse by the City. (i) Approval by the Solid Waste Services Director or the Director's designee is required for service requests. (ii) Refuse and recycling must be placed in City of Raleigh approved carts or other approved collection devices. (iii) Solid Waste Services must have direct access to items to be collected. There must be no obstructions or other conditions that make collection hazardous or could cause a nuisance. Carts must be located in a place that can be collected safely and effectively. (iv) Items not prepared properly will not be collected. (v) Alternate collection devices may be approved on a case-by-case basis by the Solid Waste Services Director or the Director's designee. (vi) Alternate collection devices, method of collection, collection times, points of collection, and/or types of collection, may be approved to prevent nuisances, protect public health, public safety, general welfare, and/or protect the quality of life. (vii) Refuse and recycling, set out for collection by the City, must be placed on the sidewalk by the curb at the street between the hours of 3:00 p.m. to 5:30 p.m., or alternatively, between the hours of 2:00 a.m. and 6:00 a.m., each day. All carts, collection devices, or other items to be collected by the City must be removed from the curb by no later than 9:30 a.m. on the day of collection. (viii) Charges and fees for the carts, collection, and disposal of refuse, shall be fixed from time to time on schedules approved by the City Council, and maintained on file in the Budget and Management Services Department. (ix) Every person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, operating in any business district or municipal service district, shall keep the same in a clean and orderly condition, free of all nuisances, obstructions, litter, and/or any condition that is harmful to public health, public safety, general welfare, quality of life, or general integrity of the City. (x) All collection devices not serviced by the City of Raleigh must only be placed out for collection on the day of collection. Collection devices must be removed from public rights-of-way or points of collection within twenty-four (24) hours of collection. 2. Central Business District residential, commercial, office, entertainment, institutional, medical, educational, charitable and other non-industrial uses located in an area bounded by Peace Street, West Street, Hillsborough Street, and St. Mary's Street may request pickup of refuse by the City. (i) Approval by the Solid Waste Services Director or the Director's designee is required for service requests. (ii) Refuse and recycling must be placed in City of Raleigh approved carts or other approved collection devices. (iii) Solid Waste Services must have direct access to items to be collected. There must be no obstructions or other conditions that make collection hazardous or could cause a nuisance. Carts must be located in a place that can be collected safely and effectively. (iv) Items not prepared properly will not be collected. (v) Alternate collection devices may be approved on a case-by-case basis by the Solid Waste Services Director or the Director's designee. (vi) Alternate collection devices, method of collection, collection times, points of collection, and/or types of collection, may be approved to prevent nuisances, protect public health, public safety, general welfare, and/or protect the quality of life. (vii) Refuse and recycling, set out for collection by the City, must be placed on the sidewalk by the curb at the street between the hours of 2:00 a.m. and 6:00 a.m., each day. All items to be collected by the City must be removed from the curb by no later than 9:30 a.m. on the day of collection. (viii) Charges and fees for the carts, bags, collection, and disposal of refuse, shall be fixed from time to time on schedules approved by the City Council, and maintained on file in the Budget and Management Services Department. (ix) Every person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, operating in any business district or municipal service district, shall keep the same in a clean and orderly condition, free of all nuisances, obstructions, litter, and/or any condition that is harmful to public health, public safety, general welfare, quality of life, or general integrity of the City. (x) All collection devices not serviced by the City of Raleigh must only be placed out for collection on the day of collection. Collection devices must be removed from public rights-of-way or points of collection within twenty-four (24) hours of collection. 3. Except as otherwise stated, Central Business District residential, commercial, office, entertainment, institutional, medical, educational, charitable and other non-industrial uses must comply with the following: (i) Refuse, recycling, yard waste, and other waste for collection must be stored in collection devices that prevent nuisances or create conditions that are harmful to public health, public safety, and general welfare. (ii) Hazardous, combustible, and noncombustible refuse shall be stored in containers that protect the public and natural environment. (iii) Each property must have a sufficient storage space for the collection devices needed to handle refuse, recycling, yard waste, and other waste. Every person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building or land in the Central Business District or Municipal Service District, including vacant property, are responsible for the purchase and maintenance of collection devices. (iv) Every person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building or land in the Central Business District of the City, including vacant property, and any area abutting any right-of-way or street in the City in violation of the Raleigh City Code, or Collection practices shall be subject to enforcement in accordance with Raleigh City Code Sections 7-2002.2 and 7-2002.3. (4) If the development is a Planned Development in accordance with Raleigh City Code Chapter 10 - Unified Development Ordinance, an alternate or modified solid waste management, storage, collection and disposal plan, to include, but not limited to, container standards, container requirements, points of collection, and/or type of collection devices, may be approved by the City's Solid Waste Services Department, or the Director's designee, in lieu of the requirements noted herein, if the design of public streets, or other development designs, create limitations to standard collections, or provide a remedy to conditions that are dangerous, or harmful to quality of life, public health, public safety, or general welfare. (b)Control of private collections by contract and permit. (1) Notwithstanding the provisions of this chapter or other ordinances of this City, the City Manager is authorized to enter into a written contract, either privately or after public advertisement for bids, for the collection and removal of waste paper, paper boxes or cartons or other paper products deposited upon the streets of the City (or other place designated by the person desiring to have such products removed as waste) upon such terms and conditions as he may deem best for the benefit of the City; provided such contract shall define the area over which the collection of waste paper products shall be confined; provided further no such contract may be executed unless and until the person contracting to collect and remove such products shall have made a deposit with the City in the amount of five hundred dollars ($500.00) cash, conditioned upon the faithful performance of the contract and upon compliance with the requirements of this chapter and applicable ordinances of the City. No such contract may be made for a period exceeding one (1) year and shall be cancelable by either party upon thirty (30) days written notice. (2) No person shall engage in the business of collecting, hauling or transporting in the City any waste without first obtaining a permit from the City Manager to engage in such business. The City Manager shall not issue any permit for collections in the areas covered by contracts as provided for above. The holder of such permit shall conform to the applicable ordinances, regulations of the City Manager and the lawfully prescribed requirements of other departments of the City; and upon failure to so conform such permits shall be subject to revocation by the City Manager. (c)Special Collection Programs. (1) Bulky Load Program. Solid Waste Services provides free collection of enumerated items that do not fit into refuse containers. Bulky Load Collection is offered for the disposal of furniture, small appliances, mattresses, box springs, and similar household items. Yard waste, large appliances, odor-causing waste, or excess bags of garbage that would normally be placed in a refuse container will not be collected. A Bulky Load collection at a single address shall be limited to a maximum of four (4) cubic yards. Solid Waste Services shall not provide Bulky Load collection services for apartment complexes, businesses, or any other property that utilizes a dumpster, compactor or similar device for garbage collection purposes. All Bulky Load collections must be scheduled in advance. A collection for a specific address may be scheduled no more frequently than once every ninety (90) days. The Solid Waste Services Director or his designee shall determine whether the items to be collected qualify for the Bulky Load Program. (2) Special Load Program. Collection of refuse unable to be collected by Solid Waste Services regularly scheduled collection and/or the Solid Waste Services Bulky Load Program may be collected by the Solid Waste Services Special Load Program for a fee. Fees for Solid Waste Services Special Load Programs are set forth in the City of Raleigh Fee Schedule. Multiple Special Load collections may be purchased. The full amount due must be paid in advance; no items will be collected should the amount due exceed the amount paid. The Special Load Program is not available for rocks, dirt, building materials, loose leaves, tree limbs larger than five (5) feet long and six (6) inches in diameter, tree stumps, car parts, tires, chemicals, or paints. Debris resulting from work performed by a contractor will not be collected. This service is a residential service and not available to businesses or commercial entities without special approval from the Solid Waste Services Director or his designee. (3) Solid Waste Services must have direct access to items to be collected. There must be no obstructions or other conditions that make collection hazardous or could cause a nuisance. Items must be located in a place that can be collected safely and effectively. a. Items not prepared in accordance with the Raleigh City Code will not be collected. b. Any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, who improperly prepares items for collection, shall be subject to enforcement in accordance with Raleigh City Code Sections 7-2002.2(d) and (e), and 7-2002.3. (Code 1959, §19-30; Ord. No. 1998-454, §9, 11-4-98; Ord. No. 2000-786-TC-194, TC-1-2000, §1, 5-2-00; Ord. No. 2002-290, §§1, 2, 9-17-02; Ord. No. 2004-628, §1, 5-4-04; Ord. No. 2006-55, §§1, 2, 6-20-06; Ord. No. 2011-820, §1, 1-4-11; Ord. No. 2011-821, §1, 1-4-11; Ord. No. 2012-137, §1, 12-4-12, eff. 1-1-13; Ord. No. 2019-949, §§1(Att.), 6, 6-4-19, eff. 7-1-19 ; Ord. No. 2022-398 , § 7, 7-5-22)

The following standards and requirements shall be imposed on the preparation and handling of waste prior to collection by the City. Improperly prepared refuse, recycling, or yard waste, shall not be collected. Any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, who improperly prepares refuse, recycling, or yard waste, or who mixes or contaminates refuse, recycling, or yard waste, shall be subject to enforcement in accordance with Raleigh City Code Sections 7-2002.2 and 7-2002.3. (a)Preparation of refuse, recycling, and yard waste. (1) Garbage must be placed in refuse containers and must always be stored within the container at all times. a. All garbage must be bagged before being placed in refuse containers used to collect garbage. Loose garbage or garbage that cannot be bagged must not be placed in containers. b. Yard waste, recycling, or other unacceptable items must not be placed in containers used for garbage. c. Solid Waste Services will not collect garbage placed outside of a container without an authorized Special Collection pick up. d. Solid Waste Services will not collect improperly prepared garbage. (2) Recycling must not be mixed with garbage, yard waste, or other items. a. Recycling must be placed in approved recycling containers. No recycling material must be placed outside the container. b. Recycling must not be bagged. Only loose recycling must be placed in recycling containers. (3) Properly prepared yard waste will be collected in the manner described below. a. Yard waste may be properly prepared for collection by using any of the following three (3) methods. Any, or all, of the three (3) methods may be used on collection day. 1. Place yard waste in a City-issued, bright green, ninety-five (95) gallon container (yard waste cart). Yard waste cart lids must be closed. Yard waste cart lids that are open twelve-inches or less, will be considered closed for purposes of this part. Only one (1) City-issued yard waste cart may be placed at the collection point on collection day. Additional City-issued yard waste carts cannot be purchased. 2. Place yard waste in biodegradable paper bags. A maximum of fifteen (15) yard waste bags may be placed at the collection point on collection day. 3. Place yard waste in bundles. Yard waste bundles must be tied with natural materials, including without limitation, natural twine, rope, or fiber, and must be no longer than five (5) feet in length, eighteen (18) inches in diameter, and no heavier than fifty (50) pounds. A maximum of five (5) yard waste bundles may be placed at the collection point on collection day. b. The collection points for properly prepared yard waste are either the curb line at the street, at the area between the sidewalk and the curb, or a point of collection otherwise authorized by the Solid Waste Services Director, or the Director's designee. 1. Yard waste may be placed at the collection point no earlier than 6:00 a.m. on the day before the designated day for collection. 2. Yard waste must not block any street or public right-of-way. 3. Yard waste must be at least five (5) feet from other objects. 4. Containers, bags, or bundles must not be blocked or too close to other objects. 5. Collection crews must have direct access to yard waste for safe and effective collection. c. Yard waste collection day will occur pursuant to a published schedule, as determined by the Director of Solid Waste Services. d. Solid Waste Services will not collect yard waste in the following instances. 1. Yard waste will not be collected from contractors. 2. Yard waste will not be collected from non-residents. 3. Yard waste will not be collected from community properties or properties maintained by Homeowners Associations (HOAs) or property management companies. 4. Yard waste will not be collected from parks, pools, parking lots, or other common areas that are not owned by a resident or tenant. e. Solid Waste Services will not collect improperly prepared yard waste. In addition, Solid Waste Services will not collect yard waste that is mixed with household items, garbage, or recycling, or yard waste that is mixed with any other item that is unacceptable for disposal at the City's Yard Waste Center (contaminated yard waste). Any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building or land in the City, including vacant property, who improperly prepares yard waste, or who mixes or contaminates yard waste, shall be subject to enforcement in accordance with §§ 7-2002.2 and 7-2002.3. (4) No person shall burn leaves, shrubs, tree limbs, and the like on the streets or sidewalks or on private property except upon special permission of the Chief of the Fire Department. (5) Building rubbish, construction and/or demolition material, or any material not collected by the Solid Waste Services Department, or associated with dwelling alterations inside or outside of the dwelling, shall not be collected, removed, and disposed of by the contractor or builder, or in event of their failure by the any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, in accordance with applicable provisions of this code and with regulations not in conflict therewith promulgated by the City Manager. (b)Refuse and recycling containers. (1) All refuse or recycling containers shall conform to the standards described in City Code, other forms of communication produced by the Solid Waste Services Department, or the Solid Waste Collection Design Manual, as amended, on file in the City Clerk's Office and must be fully compatible with the City's collection equipment. a. Alternate means and devices may be approved by the Solid Waste Services Director or the Director's designee to remedy limitations to standard collections and/or as a remedy of anything that is dangerous, or harmful to the quality of life, public health, or public safety. b. Alternate methods or means of collection may include, but not be limited to, storage, collections methods, point of collection, path of collection, or disposal plans. Remedies, modifications, and/or alternate collection plans must be based on sound collection, safety, compliance, enforcement, sustainability, and/or risk management principles. (2) Dwellings eligible for individual unit collection will be provided one (1) ninety-six (96) gallon or smaller roll-out container, dark green in color if possible. The size of the container shall be as determined by the Solid Waste Services Director or designee. In the event that one (1) container is insufficient, a person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building or land in the City, including vacant property, may purchase one (1) additional ninety-six (96) gallon roll-out container from the City. Individual units may place no more than two (2) roll-out garbage containers at the curb for garbage pick-up. (3) A person who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building or land in the City, including vacant property, is responsible for the maintenance of refuse, recycling, and yard waste containers. Any refuse container that does not conform to the provisions of this chapter or that has ragged or sharp edges or any other defect liable to hamper or injure the persons collecting the contents thereof, shall not be used for holding refuse intended for collection, but must be promptly replaced by a proper receptacle. Additional or replacement containers must be purchased. Solid Waste Services will only replace containers that have been damaged by collection crews. (4) Every person producing or having refuse shall provide and keep on the premises or property occupied or used by him sufficient refuse containers to handle all accumulation of refuse on such premises or property in the interval between collections by the Solid Waste Services Department. (5) Any person may have leaves removed by the City if such leaves are placed in the parkway between the curb and the sidewalk, or, where there are no curbs and sidewalks, just by the roadside, so they may be easily handled by the collector. No tree limbs, shrubs or other material shall be mixed with leaves. (6) No person shall throw, drop or deposit any leaves, shrubs, or other debris into any catch basin or manhole in the City. (7) Every dwelling unit shall have adequate garbage and rubbish storage facilities the type and location of which are approved by the Solid Waste Services Director. (c)Storing of refuse, recycling, and yard waste. (1) Every person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building or land in the City, including vacant property, shall keep the same in a clean and orderly condition, free of all nuisances, obstructions, and/or any condition that is harmful to public health, public safety, general welfare, quality of life, or general integrity of the City. a. Refuse, recycling, yard waste, and other waste for collection must be stored in collection devices that prevent nuisances or create conditions that are harmful to public health, public safety, or general welfare. b. All storage and/or collection devices must be in accordance with the provisions of this chapter, the Solid Waste Collection Design Manual, as amended. c. Hazardous, combustible, and noncombustible refuse shall be stored in containers that protect the public and natural environment. d. Every person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building or land or land in the City, including vacant property, and any area abutting any right-of-way or street in the City, who violates these storage provisions, shall be subject to enforcement in accordance with Raleigh City Code Sections 7-2002.2 and 7-2002.3. (2) No person shall throw, drop or deposit, or cause to be thrown, dropped or deposited on any land in the City (vacant or occupied) any waste (including but not limited to refuse, garbage, ashes, rubbish, building rubbish, dead animals, putrescible matter, and anything injurious to health); provided, however, the prohibition contained in this subsection shall not apply to the deposit of waste not injurious to health on a public dump where permission to make such deposit is granted by the Solid Waste Services Director nor to the filling in or grading of property with earth, mud, ashes and similar materials. (d)Points of collection. (1) Refuse, recycling, yard waste, and other waste for collection to be collected by the Solid Waste Services Department shall be placed at the curb, edge of property abutting the street, alley or other City-approved location of the property from which it was generated. a. Alternate points of collection may be approved on a case-by-case basis by the Solid Waste Services Director or the Director's designee to remedy limitations to standard collections, collection efficiency, and/or as a remedy of conditions that are dangerous, harmful to quality of life, public health, or public safety. b. Carts must not be placed in front of neighboring properties or in bike lanes, traffic lanes, and/or block any right-of-way. c. Carts may be placed at the street, by the curb, at the area abutting the street, or other approved point of collection by 6:00 a.m. on the day before the designated day for collection. d. If the Solid Waste Services Director or the Director's designee deems an alleyway passable for City Solid Waste equipment, roll-out containers may also be placed at rear alleyways. e. Solid Waste Services must have direct access to containers. f. Improperly placed containers shall not be collected. g. Containers shall be placed at least five (5) feet away from any obstruction (including mailboxes, transformers, parked cars, and light poles) and shall not be placed near low hanging branches or power lines. h. Containers shall be placed at the curb no earlier than 6:00 a.m. on the day before the designated collection day and shall be removed from the curb and placed off the public right-of-way, at a location not visible from the public right-of-way, or at the side of the building, no later than 7:00 p.m. of the day after the designated collection day. (2) Under no circumstances, within a fire district, may refuse or refuse containers be placed upon the public street before the hour of 3:00 p.m. or after 5:30 p.m. nor shall a refuse container be permitted to remain on a public street after the hour of 9:30 a.m. (3) Any person, who is the owner, occupant, tenant, or otherwise has any possessory control of any premises, building, or land in the City, including vacant property, shall be responsible for the placement of refuse, recycling, and yard waste, or refuse, recycling, or yard waste containers. Any person who shall be found in violation of any provisions of this chapter, including those of Raleigh City Code Section 7-2005(d)(1), shall be subject to enforcement in accordance with Raleigh City Code Sections 7-2002.2 and 7-2002.3. Any violation of this subsection (d) shall be deemed a non-criminal violation and shall not be a misdemeanor or infraction pursuant to G.S. 14-4 or Section 14-1005(a) of this Code of Ordinances. Both the Inspections Director or the Director's designees and the Solid Waste Services Director or the Director's designees may enforce the provisions of this section. (4) All properties and areas in the City of Raleigh are subject to the standards and requirements set forth in the Raleigh City Code, including the area where the City has jurisdiction through planning and zoning regulations. a. Any property receiving any services through the City of Raleigh Solid Waste Services Department is subject to the standards and requirements imposed on the preparation, storage, management, disposal, and/or and handling of waste as set forth in Part 7 of the Raleigh City Code the Solid Waste Collection Design Manual, as amended, and other rules and regulations published by the Solid Waste Services Department, including, but not limited to, the City's website, brochures, and/or other forms of communication. (e)Need Assistance Collection Program—Exemptions to curbside requirements. (1) A site visit will be performed to determine an acceptable storage location for carts prior to completion of the Need Assistance Collection Program Application. Each resident requiring assistance under the Need Assistance Collection Program, who lives in a single dwelling, must have an approved application on file. (2) Upon completion of an application for the Need Assistance Collection Program by a resident, including a Physician's Statement for the dwelling at which the person resides, the following persons shall receive back yard collection of garbage, recycling, and yard waste: a. Residents who have a permanent disability with no able-bodied person residing with them who can move the containers to the curb; and b. Residents who have a temporary disability with no able-bodied person residing with them who can move the containers to the curb. (3) To qualify for the Need Assistance Collection Program, the resident's garbage, recycling, and yard waste must be serviced from the house, in garbage and recycling containers either furnished or purchased from the City, and in the yard waste container issued by the City. Only yard waste contained in City-issued yard waste carts will be collected from the property. No additional yard waste (in biodegradable bags or in bundles) will be collected from the property. (4) A resident is not eligible for back yard collection if the resident does not have a completed application for the Need Assistance Collection Program on file with the Solid Waste Services Department. (5) Preparation of garbage, recycling, and yard waste must be in accordance with provisions in this section of the City Code. (6) Solid Waste Services employees must have direct access to garbage, recycling, and yard waste containers. Travel distance shall not exceed more than twenty (20) feet from the collection vehicle. Employees will not maneuver over terrain that creates topographical problems that make collection unsafe. Employees will not go on porches, behind fences or gates, in garages, up steps, or on decks. All animals must be tied up and enclosed in a fence. (7) The Solid Waste Services Director or the Director's designee shall confirm the eligibility of residents requesting back yard collection prior to providing back yard service. (8) A residents shall recertify for the Need Assistance Collection Program, if the resident violates eligibility requirements or Solid Waste Services established collection practices. (Code 1959, §19-31; Ord. No. 1998-454, §9, 11-4-98; Ord. No. 2000-786-TC-194, TC-1-2000, §2, 5-2-00; Ord. No. 2004-628, §2, 5-4-04; Ord. No. 2007-161, §1, 1-23-07; Ord. No. 2011-822, §§4—6, 1-4-11; Ord. No. 2012-137, §2, 12-4-12, eff. 1-1-13; Ord. No. 2013-171, §1, 4-16-13; Ord. No. 2014-285, §§1—3, 4-15-14, eff. 4-20-14; Ord. No. 2022-398 , § 8, 7-5-22)

(a) The schedule of rates and fees for collection and disposal of solid waste and of household hazardous waste shall be as fixed and established from time to time by the City Council and maintained on file in the office of the Finance Director. Such rates and fees shall be collected from the users of the services and shall be due and payable monthly in accordance with law within twenty (20) days from the date such rates and fees are billed to the respective users. (b) Properties which are connected to the Utility Billing system shall pay a monthly fee for solid waste collection services. (1) All properties in the City of Raleigh shall pay a recycling fee. (2) Fees shall be based on type of service, level of service, frequency of service, and cost of service. (c) The Revenue Collector shall have responsibility for billing and collecting the fees due to the City under the provisions of this section and shall have full authority to pursue all available remedies against those who fail to make payments required by this section. (Ord. No. 1998-454, §9, 11-4-98; Ord. No. 2007-269, §1, 7-24-07; Ord. No. 2009-608, §5, 6-16-09, eff. 12-1-09; Ord. No. 2011-822, §7, 1-4-11; Ord. No. 2022-398 , § 9, 7-5-22)

(a) It shall be unlawful for any person to dump or deposit from trucks, trailers or other vehicles any waste, refuse, garbage, ashes, rubbish, building rubbish, combustible refuse, noncombustible refuse or industrial waste (hereinafter in this section referred to as waste material) upon any of the sanitary landfills of the City except as herein provided. (b) Only waste material generated within the Raleigh City limits or authorized by contract with the City of Raleigh may be deposited in the City landfill. (c) Persons hauling waste material generated from commercial, industrial and all other uses shall be charged disposal fees of twenty-eight dollars ($28.00) per ton for wastes. For wastes other than white goods there shall be a minimum charge, based on the prorated weight of one-half (0.5) ton for each transaction. The disposal fee for white goods shall be prorated based on actual weight. (d) No fee shall be charged for disposal of scrap tires from any source, except as permitted by state law for (1) new tires disposed of by the manufacturer because they do not meet the manufacturer's standards, and (2) tires delivered without an accompanying certificate required by G.S. 130A-309.58 indicating that the tires originated within North Carolina. Where fees for tire disposal are permitted by state law, the fee charged shall be set according to the then current cost of disposal to the City. (e) Persons, businesses, or organizations shall not be charged a disposal fee for waste collected under contract with the City, but shall be charged a disposal fee of twenty-eight dollars ($28.00) per ton for all other wastes. (f) Each load, or part thereof, of waste material dumped, deposited or delivered to any of the City's landfills shall be weighed by an authorized agent of the City as it enters and leaves landfill. (g) It shall be unlawful for any person to pay or for the supervisor and/or employees at the landfill to receive anything of value for the privileges accorded by this section, or for the supervisor of any landfill to receive any waste material except in conformity herewith, except as provided for in above sections. (h) The Solid Waste Services Director shall require all users of the landfill that are levied fees to be registered prior to dumping of refuse. A report on names of users to be charged along with fees will be provided to the Revenue Collector for collecting such fees. (i) This section shall not apply to employees of City departments using City equipment in the performance of their assigned duties. (j) Persons using the City's landfill, in addition, shall comply with all other reasonable regulations promulgated by the City Manager and/or approved by the City Council. (k) Operating policies will be followed and adhered to by all landfill users. These policies are general in nature and may be expanded upon from time to time by the City Manager. (1) Hours open to public: 7:00 a.m. to 3:45 p.m., Monday through Saturday. Closed Sundays and holidays. (2) Prohibited waste materials: a. All liquid wastes. b. Hazardous solid wastes (includes but is not limited to explosives, radioactive materials, hot ashes, burning or smoldering materials, and groundwater contaminants). c. Automotive vehicles and large parts thereof. d. Large metal fabrications and appliances. e. Building, roadway, drainage or other construction or demolition debris, unless it is reduced to its smallest practicable sizes. f. Tree trunks and limbs greater than six (6) inches in diameter and six (6) feet in length. g. Human bodies or parts thereof and/or pathological material. h. All white goods (to include inoperative and discarded refrigerators, ranges, water heaters, freezers and other similar domestic and commercial large appliances). i. All lead-acid batteries. j. All tree trimmings, hedge cuttings, or similar materials (yard waste). k. All yard trash as described in G.S. 130A-309.10. l. Aluminum cans. (3) Users must comply with "Rules and Regulations Providing Standards for Solid Waste Disposal" as adopted by the North Carolina State Board of Health. (4) Users must be registered with the Solid Waste Services Director and be able to identify sources of wastes delivered to the landfill. (5) All loads of wastes shall be covered or otherwise loaded and secured to prevent contents from falling, leaking, spilling or blowing. (6) Vehicles and containers containing garbage shall be covered and leakproof. (7) All vehicles shall be weighed before and after dumping their loads. (8) Only the vehicle operator and one additional person will be permitted to accompany each vehicle to the dumping site. No children (minors) will be authorized beyond the weigh station. (9) Dumping will be permitted at designated areas only. (10) City personnel and equipment will not assist in unloading vehicles or containers. (11) City personnel and equipment will not assist in extricating disabled vehicles unless the vehicle operators execute appropriate waivers of liability. (12) The following are specifically prohibited: a. Fires or other burning. b. Scavenging and loitering. c. Dumping of wastes after 1:00 p.m., which contain foul odors (includes but is not limited to soy bean hulls). (l) Recyclable corrugated cardboard: "Recyclable corrugated cardboard" as used in this subsection is corrugated cardboard which businesses and dealers in the area are willing to purchase upon delivery to them. Each vehicle disposing of solid waste from commercial, industrial, and institutional establishments which contains ten (10) per cent or more of recyclable corrugated cardboard by weight or volume shall, in addition to the disposal fee set forth in this section, be assessed a surcharge based on the following schedule: (1) For the first disposal, a written notice will be issued. (2) For the second disposal, a total charge will be made equal to two (2) times the disposal fee set forth in this section (the surcharge being equal to the disposal fee). (3) For the third and any subsequent disposals, a total charge equal to three (3) times the disposal fee set forth in this section (the surcharge being equal to twice the disposal fee). (m) Anyone dumping or depositing yard trash into any City-operated sanitary landfill shall remove such trash immediately upon being requested to do so by a representative of the City. If the person depositing any such trash fails to remove it upon request of the City, the trash will be removed by City forces and deposited in the yard waste center. The person who illegally deposited the yard trash shall be billed by the City for its cost in removing the waste from the sanitary landfill, for the cost of transporting the trash to the yard waste center, and for the standard tipping fee for a load of the requisite size to accommodate the removal. In addition to any other penalties and remedies available hereunder, any person depositing yard trash into a sanitary landfill of the Cityshall be subject to a one hundred dollar ($100.00) civil penalty for the initial deposit and a fifty dollar ($50.00) per day civil penalty for each day the trash remains in the sanitary landfill after its removal has been ordered. (n) Anyone dumping or depositing aluminum cans into any City-operated sanitary landfill shall remove such cans upon request from a representative of the City. If the person depositing such cans fails to remove them at the request of the City, the cans will be removed by the City. The person who deposited the cans in the landfill shall be billed by the City for the cost of removing the cans from the landfill, and for the cost of delivering the cans for recycling, and for any cost of cleaning or emptying the cans to make them acceptable for recycling. In addition to any other penalties and remedies available hereunder, any person depositing aluminum cans into a sanitary landfill of the Cityshall be subject to a one hundred dollar ($100.00) civil penalty for the initial deposit and a fifty dollar ($50.00) per day penalty for each day the cans remain in the sanitary landfill after their removal has been ordered. (Ord. No. 1998-454, §9, 11-4-98) Editor's note: Subsection (k)(2)j was added by Ord. No. 1992-36, effective Jan. 1, 1993. That addition required the renumbering of the provisions added by Ord. No. 1992-104 from (k)(2)j to (k)(2)l. A new subsection (l) was added by §1 of Ord. No. 1992-68, §5 declared the surtax given in paragraphs (2) and (3) of that subsection effective July 1, 1993. That addition necessitated the renumbering of the provisions added by Ord. No. 1992-104 from §7-2007(l) to (m).

The Department of Public Utilities shall consist of a director, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council.

The functions and duties of the department include the following: (a) Provision of management, staff assistance and accounting records support for the Raleigh Department of Public Utilities. Maintenance and operation at water treatment plants and laboratories to provide adequate quantities of potable water for residential, commercial and industrial use and to provide adequate water for fire protection purposes; to supply pure water free of pathogenic organisms, harmful chemicals, objectionable materials and excessive controls which meets all regulatory requirements of State and Federal agencies. (b) Construction, operation, maintenance, repair and upgrade of the water distribution system which includes the water main grid system, water transmission mains, valves, fire hydrants and other system components. (c) Maintenance and operation of a water pollution control system by transporting, treating and disposing of waste water from the City and from other municipalities contracting with the City for such services. (d) Construction, maintenance and operation of the sewage collection system of the City, including installing, replacing, repairing, rodding, cleaning and inspecting sewer mains, sewer outfalls and sewer interceptors, and the maintenance and repair of manholes and easements. (e) Installation, maintenance, repair, and replacement of water meters, including the installation and repair of water and sewer lateral services in accordance with §8-2003 of this Code and the Raleigh Public Utilities Handbook. (f) Reception, maintenance and issuance of all materials used by the department's operating divisions and the maintenance of field operating facilities. (g) Preparation and implementation of a Water Conservation Plan pursuant to State law and regulations. (h) Construction, operation, maintenance, repair, and upgrade of the reuse water distribution system which includes the reuse water transmission mains, valves, and other system components; permitting the use of the reuse water distribution system pursuant to State law and regulations. (i) Preparation of, including periodic updates of, and enforcement of the Raleigh Public Utilities Handbook that is approved by Council. (j) Regulation of the City's lakes to ensure a safe and adequate supply of water as authorized in Part 9, Chapter 5 of this Code. (Ord. No. 1985-543, §§34, 35, 4-16-85; Ord. No. 2014-262, §1, 1-21-14, eff. 1-26-14) Charter references: Authority to acquire, provide, construct and operate waterworks and sewerage systems, §2.14(65); Department of Public Utilities, §6.26et seq. State law reference: Public enterprise services generally, G.S. 160A-311 et seq.

As used in this chapter, the following terms shall have the meanings ascribed to them respectively: Adjacent lot. Adjacent lotshall mean that parcel of land that shares a common boundary and/or a common right-of-way with an existing lot seeking sewer service and/or water service; for the purposes of sewer service, an adjacent lot is a parcel of land located upgradient of the existing lot. Connection or connect. Connection or connect shall mean a link (or to cause a link) between any structure and the City's utility system that causes (i) water to be distributed from any City water treatment system to any structure or (ii) sewage to be collected from any structure to any City publicly operated treatment works, notwithstanding any intervening private utility system that may exist. Dedicators. Dedicatorsshall mean and include the person owning or constructing any private utility system being dedicated to the City. Developer. Developershall mean a person who makes an application to the City for the City's approval of a site plan or subdivision. Development. Developmentshall mean any human-caused change to improved or unimproved real estate including but not limited to, constructing or changing any building or other structure. Existing lot. Existing lotshall mean any lot that has been recorded in the register of deeds of the County in which the land is located prior to the application for connection to City utilities. Major water and sewer mains. Major water and sewer mains or major water and major sewer mainsshall mean those water and/or sewer lines which are twelve (12) inches in diameter or greater. Minor water and sewer mains. Minor water and sewer mains or minor water and minor sewer mainsshall mean those water and/or sewer lines which are less than twelve (12) inches in diameter. Person. Personshall mean any individual, firm, partnership, association, institution, corporation, municipalities and other political subdivisions, and governmental agencies. Sewer service stub. Sewer service stubshall mean any portion of a sewer service pipe which connects to a City sewer main and extends from a sewer main to the boundary of any public easement or right-of-way with private property. Structure. Structureshall mean anything constructed, installed, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used for residential, recreational, business, commercial, agricultural, institutional or office purposes, either temporarily or permanently. "Structure" also includes, but is not limited to, fences, decks, garages, swimming pools, hot tubs, children's play sets, barbeque pits, tennis courts, signs, walls, heating, ventilation and air conditioning units, storage tanks, sheds, docks, mooring areas, and other accessory construction. Tap size. Tap sizeshall mean the nominal diameter of the connection of the water service installed between a water meter assembly and the water main connected to the water utility system of Raleigh without regard to the configuration of that water assembly or ownership of the water meter assembly, service or water main. Utility system, utility mains. Utility system or utility mainsshall mean and include any City of Raleigh owned or operated treatment works or water works, pumping stations, storage tanks, water mains, sewer mains and reuse water mains (individually or collectively as determined by the context), and shall include all pipes, valves, valve boxes, hydrants, water service stubs, meters and other appurtenant facilities, fixtures, equipment, and apparatus connected to and forming a part of the main water, sewer, or reuse water pipe lines and systems or both, and all appliances necessary and convenient thereto. The utility lines dedicated to the City as public shall include only main distribution pipes, main collectionpipes, valves, hydrants and other apparatus, fixtures and equipment forming a part of the lines laid in public streets, roads, highways, alleys and any other public right-of-way or across City utility, water or sanitary sewer easements on private property, and shall not include services leading from mains to building connections on private property and shall not include the water, sewer or reuse water lines within any residences or other privately owned building or structure. Water service stub. Water service stubshall mean any portion of a water or reuse water service pipe which connects to a City water or reuse water main and extends from a water or reuse water main to a water or reuse water meter. (Ord. No. 1985-543, §1, 4-16-85; Ord. No. 1995-760-TC-122, §13, TC-20C-95, 11-21-95; Ord. No. 2014-262, §2, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §§1—3, 9-2-14, eff. 9-7-14)

It shall be unlawful for any person to connect any pipe or take by any means water from or interfere with the pipes of the waterworks system of the City without authorization from the Raleigh Director of Public Utilities or his designee. In reviewing requests, the Raleigh Director of Public Utilities or his designee shall consider the appropriateness of the size, location, character, and quality of all materials and connections. The size of the service shall be determined by the applicant. It shall be unlawful for any person, except City forces as directed by the Raleigh Director of Public Utilities or his designee, to operate any valve in the water distribution system of the City. In addition to any other remedy available in the Code, violation of this section is also a misdemeanor. (Code 1959, §23-11; Ord. No. 1984-338, §1, 4-17-84; Ord. No. 1985-543, §1, 4-16-85; Ord. No. 1986-746, §1, 3-18-86; Ord. No. 2014-262, §3, 1-21-14, eff. 1-26-14; Ord. No. 2022-339 , §2, 2-15-22) Editor's note: Copies of the "Public Utilities Handbook" which includes City standards and procedures are on file in the Public Utilities Department.

(a) Owners of property served by the utility system shall be responsible for the maintenance necessary to keep such property owner's sewer service (which includes the sewer service stub) clean and sanitary and continually functioning. (b) The replacement and/or repair of water and sewer service stubs may be caused by direction of the Raleigh un Public Utilities or his designee or by application of owners of the property served that is filed with the Raleigh Director of Public Utilities or his designee. (c) Except as indicated in §8-2039, all water and sewer service stubs shall be replaced or repaired by the City unless expressly permitted by the Raleigh Director of Public Utilities or his designee. Permits for the repair or replacement of water and sewer service stubs shall be granted for work in or upon the utility system in public street right-of-way only to licensed utility contractors. The replacement and/or repair of sewer services on private property, including within City easements, shall be the responsibility of the owner of the property served by the sewer service. The replacement and/or repair of water services from the meter box to the structure shall be the responsibility of the owner of the property served by the water service. (d) In the event of the paving or widening of streets, or the raising or lowering of the grade of a street, or in the installation of curbs or gutters and/or sidewalks, or in the case of the installation of new water or sewer lines initiated by the public, all water and sewer service stubs may be replaced so as to meet the standards prescribed by the Raleigh Public Utilities Handbook. (e) Applications for the replacement of existing water stubs by owners of the property served shall be considered only in the event the service stub is leaking, needs enlarging or is delivering an insufficient quantity of water or the property owner replaces the galvanized service from meter box to house. In the case of an application as a result of an insufficient quantity of water only those service stubs delivering less than ten (10) gallons per minute (gpm) shall be considered for renewal or repair at no charge to the property owner. (f) There shall be no charge for replacement or repair of defective stubs as provided by this §8-2003, except when the existing service stub is enlarged or relocated by request of the owner. If an existing galvanized water service stub or terra cotta sewer service stub is enlarged, a fee shall be charged equal to the difference between the fee corresponding to the existing service stub size and the fee corresponding to the proposed service stub size as set forth in §8-2039. If a copper water service stub or cast-iron sewer service stub is enlarged a fee shall be charged for the proposed service stub size as set forth in §8-2039. If an existing water or sewer service stub is relocated at the request of the owner, a fee shall be charged for the relocated service stub size as set forth in §8-2039. (g) Replacement of water service stubs shall extend from the main to the property line, except where a structure or other obstruction prevents installation up to the property line, and shall conform to the provisions of this Code. Water meters shall be relocated as necessary. Replacement of sewer service stubs shall extend from the main to the property line or to the edge of the City's easement, except where a structure or other obstruction prevents installation up to the property line, and shall conform to the provisions of this Code. (h) Where an existing water meter is located on private property, then the City shall be authorized to relocate such water meter to the public right-of-way or easement and shall replace the water service stub pursuant to §8-2003(g) above. (Code 1959, §23-10; Ord. No. 1985-543, §2, 4-16-85; Ord. No. 2014-262, §4, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §4, 9-2-14, eff. 9-7-14)

(a) Except as provided in Section 8-2004(b) below, all water and sewer service stubs serving structures that exist at the time application for water and sewer service is made shall be installed and connections to the utility system made either (i) by City forces or contractors working for the City only after payment to the City of the appropriate tap fee set forth in the Raleigh Water Fee Schedule; or (ii) by licensed utility contractors (right-of-way or City easements) or plumbers (city easements) pursuant to this Code and the Raleigh Public Utilities Handbook. Notwithstanding the foregoing, the City will not install taps across divided roadways, or across roadways/streets measuring forty-five (45) feet or longer as measured from back of curb to back of curb. When no curb exists, the measurement shall be marked from the edge of pavement. (b) Any water or sewer connection made in conjunction with either a (i) a building permit for a new structure or (ii) any water or sewer connection made in new developments shall be made by the owner at his expense pursuant to this Code and the Raleigh Public Utilities Handbook. The installation and extension of water and sewer services on private property, including within City easements, shall be the responsibility of the owner of the water and/or sewer service. (Code 1959, §23-25; Ord. No. 1985-543, §3, 4-16-85; Ord. No. 1995-760-TC-122, §14, TC-20C-95, 11-21-95; Ord. No. 2014-262, §5, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §5, 9-2-14, eff. 9-7-14; Ord. No. 2019-923, §1, 3-5-19 ; Ord. No. 2020-96 , §6, 6-15-20, eff. 7-1-20) State law references: Permits required for work in state roads, G.S. 136-93; license for public utility contractors, G.S. 87-10.

(a) A separate water meter and water and/or sewer connection is required for each lot at the time of connection with water and/or sewer service. All such meters shall be placed in the street right-of-way or in a two-foot easement adjacent to the street right-of-way at such locations as the Raleigh Director of Public Utilities or his designee shall determine, provided that nothing herein shall authorize the placement of a water meter on the opposite side of the street right-of-way from the building being served. All fire hydrants maintained by the City shall be installed in the street right-of-way or in a two-foot easement adjacent to the street right-of-way. All meters shall conform to the standards and material specifications of the City. All water meters shall be installed by City forces only after payment to the City of the appropriate meter installation fee set forth in the Raleigh Water Fee Schedule. A "Not Ready Fee" shall be collected by the City pursuant to the Raleigh Water Fee Schedule if the City has attempted to initially install the water meter at the request of the applicant and determined that the water service stub was either not installed to the property or the water service stub not installed in accordance with City standards. The "Not Ready Fee" must be paid to the City prior to any subsequent attempt by the City to install the meter after any failed attempt and prior to any water being provided to the property. (b) Should any person wish to rent a hydrant meter from the City to obtain water from a fire hydrant, that personshall apply for a rental hydrant meter pursuant to the process outlined in the Raleigh Public Utilities Handbook. Any person who rents any hydrant meter shall execute a rental agreement in the form and manner acceptable to the Raleigh Director of Public Utilities or his designee and shall pay a deposit and rental fee for the hydrant meter, plus the monthly metered water charge in accordance with the Raleigh Water Fee Schedule. Users of hydrant meters shall self-report the flow through the hydrant meter pursuant to the rental agreement; failure to report flow for any month that the hydrant meter registered flow shall result in an additional charge in accordance with the Raleigh Water Fee Schedule. In addition, any person who rents a hydrant meter shall be responsible for the loss and/or damage to any such hydrant meter. In the event of loss or damage to any hydrant meter that occurs to the hydrant meter while in the person's possession, the personshall pay to the City the costs to repair (both labor and materials) the hydrant meter or the replacement cost, as appropriate, pursuant to the Raleigh Water Fee Schedule. (Code 1959, §23-27.1(a); Ord. No. 1981-560, §1, 1-6-81; Ord. No. 1985-543, §5, 4-16-85; Ord. No. 1986-746, §2, 3-18-86; Ord. No. 1986-775, §5, 4-15-86; Ord. No. 1999-558, §1, 5-18-99; Ord. No. 2000-805, §1, 6-6-00; Ord. No. 2002-200, §1, 5-7-02; Ord. No. 2003-439, §1, 5-6-03; Ord. No. 2004-623, §1, 5-4-04; Ord. No. 2005-825, §1, 5-17-05; Ord. No. 2006-15, §1, 5-2-06; Ord. No. 2007-218, §1, 5-1-07, eff. 7-1-07; Ord. No. 2008-378, §1, 4-15-08, eff. 7-1-08; Ord. No. 2009-556, §1, 3-17-09, eff. 7-1-09; Ord. No. 2010-718, §1, 4-6-10, eff. 7-1-10; Ord. No. 2011-883, §1, 5-17-11, eff. 7-1-11; Ord. No. 2012-41, §1, 5-1-12, eff. 7-1-12; Ord. No. 2013-175, §1, 4-16-13, eff. 7-1-13; Ord. No. 2014-262, §6, 1-21-14, eff. 1-26-14; Ord. No. 2014-297, §1, 5-6-14, eff. 7-1-14; Ord. No. 2015-419, §1, 4-7-15, eff. 7-1-15 ; Ord. No. 2016-566, §1, 3-21-16, eff. 7-1-16 ; Ord. No. 2017-684, §1, 3-15-17, eff. 7-1-17 ; Ord. No. 2017-686, §1, 3-15-17, eff. 7-1-17 ; Ord. No. 2018-842, §1, 6-11-18, eff. 7-1-18 ; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 ; Ord. No. 2019-960, §1, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §§7, 8, 6-15-20, eff. 7-1-20)

Additional meter locations, water connections and/or sewer connections, in compliance with the City's Unified Development Ordinance if located within the jurisdiction of the City, or County zoning and subdivision ordinances if located within the jurisdiction of the County, may be permitted. A common water connection, sewer connection and/or meter will be permitted to serve more than one (1) building of the following categories as those terms are used in the City's Unified Development Ordinance. (a) Group living developments; (b) Townhouse developments; (c) Unit-ownership (condominium developments); (d) Overnight lodging; (e) Hospitals; (f) Warehouses, industrial buildings (under one (1) ownership and engaged in one (1) business only); (g) Schools, colleges, community colleges or universities; (h) Manufactured home developments; (i) Shopping centers; (j) Places of worship. (Code 1959, §23-27.1(b); Ord. No. 1985-543, §6, 4-16-85; Ord. No. 2000-734-TC-189, TC-2-00, §1, 2-15-00; Ord. No. 2014-262, §7, 1-21-14, eff. 1-26-14) Cross references: Unified Development Ordinance (UDO), Part 10A.

A common water connection, sewer connection and/or water meter, including a private water or sewer distribution system will be permitted to serve the above categories of buildings meeting the following minimum requirements: (a) The building or buildings to be served are in compliance with the City's zoning and subdivision ordinances, if located within the jurisdiction of the City, or with the County zoning and subdivision ordinances, if located within the jurisdiction of the County. (b) The building permit and plat shows a single owner and indicates that the complex of buildings will be constructed on a single lot. (c) If one (1) common meter is used, such meter shall be located within the street right-of-way or in a two-foot easement adjacent to the street right-of-way at such locations approved by the Raleigh Director of Public Utilities or his designee. (d) If a common water connection and/or sewer connection and more than one (1) meter is used, the meters may be located on private property. In such cases the applicant shall be required to submit to the Raleigh Department of Public Utilities a site plan showing the proposed water and sewer construction. The plans shall be prepared by a registered professional engineer who shall also provide periodic inspection of the work. When the work is complete, he shall furnish the owner and the City with a certification that the work has been done properly and has been approved by him. The plan shall be approved by the Raleigh Department of Public Utilities to include size of water and sewer line, materials to be used for construction, valve locations, hydrant locations, manhole locations, meter locations and any other appurtenances that may be necessary as determined by the Raleigh Director of Public Utilities or his designee. All construction from the property line to the water meter shall be in accordance with the City standards and specifications. Construction beyond the water meter may be with materials permitted in the North Carolina Plumbing Code. All sewer construction within easements shall be in accordance with City standards and specifications; all other sewer construction shall be in accordance with the North Carolina Plumbing Code. All construction shall be performed by either a licensed master plumber or a licensed utility contractor. The Raleigh Director of Public Utilities or his designee may enter the premises of any water or sewer user to examine the pipes and fixtures, the quantity of water being used and the manner of its use, to take meter readings and to make meter repairs. (e) Should a building within such a multiple constructed area be conveyed to a new owner, or should a multiple constructed area be subdivided, the City shall require a separate water and sewer connection from that building to the public main. Each development in any of the above categories shall have a fire protection plan reviewed by the Raleigh Department of Public Utilities and approved by the Fire Department prior to the issuance of a building permit and prior to the installation of water connections or the extension of existing water installations. (f) The fire protection plans shall be submitted in triplicate to the Raleigh Fire Chief or his designee for approval. The City reserves the right to require proper size water lines, proper hydrants spacing and location, and the installation of metering devices where it shall be determined that water is being used for other than fire protection purposes exclusively. All water facilities constructed on private property for the purpose of fire fighting shall be in accordance with City standards and specifications. Construction beyond the water meter may be with material permitted in the North Carolina Plumbing Code. (Code 1959, §23-17.1(c); Ord. No. 1985-543, §§7—10, 4-16-85; Ord. No. 2014-262, §§8, 51(2), 1-21-14, eff. 1-26-14) Cross references: Water and sewer rates and connection fees, §§2-3001—2-3004.

No well shall be installed within the City without first securing a well permit from Wake County and plumbing and electrical permits from the City's Office of Development Services for such installation. (Ord. No. 2014-262, §9, 1-21-14, eff. 1-26-14)

(a) Any and all new or replacement water supply systems and sanitary sewage systems within floodprone areas shall be designed and constructed to minimize and eliminate infiltration of floodwaters into such systems and to minimize and eliminate discharges from such systems into floodwaters. (b) Any and all on-site new waste disposal systems within floodprone areas shall be located, designed and constructed so as to avoid impairment of them or contamination from them during flooding. (c) Any venting of any sanitary sewer system and nonwatertight manholes shall be constructed to a height at least three (3) feet above the 100-year flood elevation provided nothing herein shall prevent the construction of watertight manholes below the 100-year flood elevation. (Code 1959, §23-35; Ord. No. 1978-872-TC-88, §§16—19, 8-15-78; Ord. No. 2014-262, §10, 1-21-14, eff. 1-26-14)

The responsibility for maintaining and repairing sewer and water stubs shall be in accord with City Code, §8-2003 and the Raleigh Public Utilities Handbook. The repair of all pipes and fixtures on private property shall be the responsibility of the property owner or consumer. When a minor failure occurs in a pipe or fixture on private property, and such failure is not corrected within forty-eight (48) hours of notification by the Raleigh Director of Public Utilities or his designee to the owner or person in charge, the City, for the purpose of conserving water and protecting the public, may discontinue service until the failure is corrected or enter the property and make the necessary repairs. When a major failure occurs in a line or fixture and creates the possibility of an immediate danger to the public health or safety, the City may make the necessary repairs. The work done by the City shall be limited to the necessary line repair and such backfilling as needed to protect the pipe. The cost of any repairs performed by the City shall be charged to the property owner. Failure to pay the City's repair costs may result in discontinuation of service until such costs are paid. (Ord. No. 1985-543, §10, 4-16-85; Ord. No. 2014-262, §11, 1-21-14, eff. 1-26-14)

Any person using the utility system hereby contracts with the City to pay all required permits, fees, and charges as required by laws, ordinances, and resolutions. Prior to a customer receiving potable water and/or sanitary sewer service from the City's utility system, an application for service must be received by the City's Office of Development Services. For new customer accounts, this service application is received in the form of a utility connection permit. For existing utility system service accounts, customers must contact the Utility Billing Office to close or initiate service in the new customer's name. In order to initiate service on a new account or to initiate service on an existing account in the name of a new customer, an utility service initiation charge must be billed to the customer and collected by the City in the customer's first utility bill mailed to the customer. Failure of the customer to pay the full amount of the utility service initiation charge will be treated in the same manner as the utility bill being past due. The utility service initiation fee shall be as set forth in the Raleigh Water Fee Schedule. This fee shall be billed by the City Utility Billing office as described in this section. The City's utility system customers are required to pay for their utility service by a date specified on their utility system bill. Failure to pay their bill by this date will result in the addition of a delinquency fee added to the amount past due on their utility bill. The delinquency fee and the past due utility bill amount must be paid in full to the City, in order for the customer's utility account to be considered current. Failure of the customer to pay the full amount of the delinquency fee will be treated in the same manner as the utility bill being past due for the customer's next utility bill and grounds for utility service interruption by the City, if not paid in full in the subsequent utility bill. (Ord. No. 1985-543, §11, 4-16-85; Ord. No. 2003-461, §1, 6-17-03; Ord. No. 2009-608, §6, 6-16-09, eff. 12-1-09; Ord. No. 2014-262, §12, 1-21-14, eff. 1-26-14; Ord. No. 2020-96 , §9, 6-15-20, eff. 7-1-20)

(a) No person shall open, enter into, place, or allow anything to be placed in any manhole, hydrant, valve box, meter box or any other appurtenances of the City's water or sanitary sewer system without written approval from the Raleigh Director of Public Utilities or his designee. (b) No person shall damage, obstruct, or cover any manhole, hydrant, valve box, meter box or any other appurtenances of the City's water or sanitary sewer system. (c) No person shall plant trees, shrubs, or other plants within a water or sewer easement without prior written approval from the Raleigh Director of Public Utilities or his designee. Shallow-rooted ground cover material may be planted and maintained within the easement area provided that all risk of damage to any such improvements caused by maintenance or repair of the sewer line and appurtenant facilities shall be with the property owner. Further, the City is authorized to remove and keep removed from the easement all trees, vegetation, and other obstructions as necessary to maintain, repair or protect the sanitary sewer line or lines and appurtenances. (d) No person shall place any part of a structure or any permanent equipment within a water or sewer easement without prior written approval from the Raleigh Director of Public Utilities or his designee. (e) Any unapproved structure, equipment, or landscaping located within a water or sewer easement, that limits access in the event of an emergency, will be removed by the Raleigh Department of Public Utilities at the property owner's expense. In times of nonemergency, property owners will be notified to remove unapproved structures, equipment, or landscaping located within a water or sewer easement within forty-five (45) days of notice. Any structures, equipment, or landscaping not removed by the property owner within the specified time, may be removed by the Raleigh Department of Public Utilities at the property owner's expense. (f) Violation of this section is a misdemeanor and in addition may be punished under §8-2014 of the City Code. (Ord. No. 1985-543, §11, 4-16-85; Ord. No. 1999-658, §1, 10-19-99; Ord. No. 2014-262, §13, 1-21-14, eff. 1-26-14)

It shall be unlawful for any person to alter, remove, damage, or interfere with any part of the utility system. Provided, it shall further be unlawful for any person to turn off or discontinue or turn on water, sewer or reuse water service to any part of the utility system without the written consent of the Raleigh Director of Public Utilities or his designee. In addition to any other remedy available in the Code, violation of this section is also a misdemeanor. (Ord. No. 1983-154, §1, 7-19-83; Ord. No. 1986-775, §2, 4-15-86; Ord. No. 2014-262, §14, 1-21-14, eff. 1-26-14; Ord. No. 2022-339 , §3, 2-15-22)

(a) Whenever the Raleigh Director of Public Utilities or his designee finds that any person has violated or is violating this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, the Raleigh Director of Public Utilities or his designee may serve upon such a person a written notice stating the nature of the violation. If requested by the Raleigh Director of Public Utilities or his designee, a plan for the satisfactory correction thereof shall be submitted to the Raleigh Director of Public Utilities or his designee within the timeframe specified in the enforcement policy adopted in accordance with subsection (e) below. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. In the event of an emergency that requires the City to take immediate action to correct the violation, the City is not required to provide an opportunity for the violator to correct the violations and may assess penalties and costs pursuant to this section without prior notice. (b) Any person who is found to have failed to comply with any provision of this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, shall be subject to a civil penalty as follows: (1) Residential meter obstruction, alteration, bypass or tampering, first violation, five hundred dollars ($500.00). (2) Residential meter obstruction, alteration, bypass or tampering, repeat violation within the previous five (5) years, five thousand dollars ($5,000.00). (3) Non-residential meter obstruction, alteration, bypass, tampering, five thousand dollars ($5,000.00). (4) Make any connection or reconnection with the water system without first procuring from such person a written permission, five thousand dollars ($5,000.00). (5) Retain possession of or refuse to deliver a hydrant meter assembly issued by the City after authorized use ends, five thousand dollars ($5,000.00). (6) Turn on or off or in any manner interfere with any valve without written permission, five thousand dollars ($5,000.00). (7) Any other violation not specifically listed herein, five hundred dollars ($500.00) per violation. (8) In the case of a violation of Chapter 14, Section 151 of the North Carolina General Statutes (i.e., willful or fraudulent interference with the utility system to obtain utility service) that causes damages to the utility system or other loss to the City, the civil penalty shall be subject to a penalty three (3) times the amount of losses and/or damages caused by the violation or five thousand dollars ($5,000.00), whichever is greater. The notice of the civil penalty assessment shall be issued in writing and shall set forth with reasonable care the basis of the civil penalty and any administrative costs and the costs to the City of rectifying the noncompliance that are assessed. (c) Failure to obtain any permit required by this article or any other violation by any person authorized to perform work in or upon the utility systemshall subject the violator to the following penalties: (1) For the first violation, the personshall be subject to a civil penalty in the amount of one hundred dollars ($100.00) plus any permit fee, if applicable. (2) For the second violation in a five-year period, the personshall be subject to a civil penalty in the amount of two hundred dollars ($200.00) plus any permit fee, if applicable. (3) For the third violation in a five-year period, the personshall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, and for each subsequent violation the personshall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, up to the fifth violation. (4) After the fifth violation in a five-year period, the privilege and right of the person to work in and/or upon the Raleigh water and sewer utility systemshall be suspended for a period of twelve (12) months from the date of the sixth violation. (d) Any person violating any section of this article must pay to the City all expenses incurred by the City in repairing any damage to the utility system caused in whole or in part by such violation and any expense incurred by the City in investigating such violation. (e) The Raleigh Director of Public Utilities shall prepare an enforcement policy to implement this section which shall be submitted to the City Council for approval. (f) From and after the expiration of the time period specified in the notice of violation issued pursuant to subsection (a) above of this section for correcting a violation of this article, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (g) Any appeal from a notice of violation or civil penalty assessment shall be made in writing to the Raleigh Director of Public Utilities within thirty (30) days of receipt of the notice of violation or civil penalty assessment issued pursuant to this section. The Raleigh Director of Public Utilities shall use all reasonable efforts to notify the appellant in writing of his or her decision within sixty (60) days of receipt of the notice of appeal pursuant to the enforcement policy adopted in subsection (e) of this section. (h) All notices required by this subsection may be served by certified mail or hand-delivery to the violator; certified mail or hand-delivery to the owner of the property in violation; or posting the notice at the property in violation. When service is made by certified mail, a copy of the notice may also be sent by First Class U.S. Mail. Service shall be deemed sufficient if the notice sent by First Class U.S. Mail is not returned by the U.S. Post office seven (7) days after mailing. (i) If payment is not received or equitable settlement reached after thirty (30) days after demand for payment is first made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of the penalty. If payment is not received or equitable settlement has not been reached within the specified time period, the City may interrupt water and sewer service to the property until such time that payment is received or equitable settlement has been reached. (j) Any person who violates any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or who undertakes or continues any alteration, extension or construction of the utility system or part thereof without first obtaining a permit or written permission or who undertakes or continues any alteration, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both shall be guilty of a misdemeanor punishable by imprisonment to the maximum number of days prescribed by law. (k) Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or is undertaking or continuing any alteration, extension and construction of the utility system without first obtaining a permit or written permission, or is undertaking or continuing any alterations, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both, the City may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Code. The terms "undertakes" or "undertaking" as used in this section means the initiating of or continuing of or being financially responsible for any activity or phase of activity which results in the extension, construction, or alteration of any part of the utility system of the City. (l) The penalties and enforcement provisions established by this article may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. The remedies provided for in this article are not exclusive. The Raleigh Director of Public Utilities or his designee may take any, all, or any combination of these actions against a violator. (Ord. No. 1986-775, §4, 4-15-86; Ord. No. 2014-262, §15, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §6, 9-2-14, eff. 9-7-14)

Every person who observes damage to any manhole, hydrant, valve or meter or to any other part of the utility system has a duty to report the damage to the Raleigh Department of Public Utilities. (Ord. No. 1999-658, §2, 10-19-99; Ord. No. 2014-262, §16, 1-21-14, eff. 1-26-14)

The design, installation, construction and testing of public and private utilities shall be in accordance with the standards and requirements in the Raleigh Public Utilities Handbook as amended, on file in the City Clerk's Office, Raleigh Department of Public Utilities and online at the City's website. (Ord. No. 2010-793, §1, 10-19-10; Ord. No. 2014-262, §17, 1-21-14, eff. 1-26-14)

The current North Carolina Plumbing Code requires that where plumbing fixtures are installed on a floor with a finished floor elevation below the elevation of the manhole cover of the next upstream manhole in the public sewer, such fixtures must be protected by a backwater valve. For existing services that have plumbing fixtures installed on a floor with a finished floor elevation below the elevation of the manhole cover of the next upstream manhole in the City sewer system and that do not have a backwater valve installed, the property owner must sign a sewer release, in the form and manner provided by the Raleigh Director of Public Utilities or his designee, waiving the City's liability in case of a sewage backflow from the main into the building. This form will be recorded in the appropriate register of deeds office. (Ord. No. 2014-337, §7, 9-2-14, eff. 9-7-14)

Except for water and sewer main extensions and replacements which are funded exclusively from community development funds and are located within redevelopment areas as delineated pursuant to Article 22 of Chapter 160A of the General Statutes of North Carolina, as amended, water and sewer main extensions and replacements will be made by assessment of the cost thereof against property owners to be benefitted thereby in conformity with Article 10 of Chapter 160A of the General Statutes of North Carolina, as amended, and, if applicable, Raleigh City Charter, as amended, or both. The Raleigh Public Works Department shall determine which method of assessment authorized by G.S. 160A-218, as amended, would be most equitable to be used in an assessment roll, but any interested property owner may appeal from such determination to the Council. (Code 1959, §23-9(1); Ord. No. 1977-586, §1, 7-19-77; Ord. No. 1983-200, §1, 10-4-83; Ord. No. 1984-338, §4, 4-17-84; Ord. No. 1985-543, §14, 4-16-85; Ord. No. 2014-262, §18, 1-21-14, eff. 1-26-14) Charter reference: Authority about assessments, §§2.14(71), 6.28.

In the event it is necessary or desirable in the opinion of the Raleigh Director of Public Utilities or his designee to lay a water main larger than a six-inch main, or sewer main larger than an eight-inch main, the City will bear the cost of the difference between the size of main required and a six-inch water main or eight-inch sewer main. The property owner will be assessed the cost of the six-inch water main and/or the eight-inch sewer main based on the prevailing assessment rates. (Code 1959, §23-9(1); Ord. No. 1985-543, §15, 4-16-85; Ord. No. 2014-262, §19, 1-21-14, eff. 1-26-14) Editor's note: Regulations concerning reimbursements for oversized utility lines are found in Standard Operating Procedure No. 700-6.

When water or sewer mains exist but are inadequate (less than eight-inch sewer or less than six-inch water or deteriorating pipe) for the system and are being replaced, property should be assessed for the difference in cost between the cost of existing inadequate mains at current prices and the cost of the size installed not to exceed the cost of six-inch water mains or eight-inch sewer mains. (Code 1959, §23-9(1); Ord. No. 1985-543, §15, 4-16-85; Ord. No. 2014-262, §20, 1-21-14, eff. 1-26-14)

Lots at an intersection of streets shall be assessed as follows: (a) If water or sewer service mains or both are installed simultaneously on both streets on which the lot abuts, assessment of the cost of the installations shall be based upon the entire frontage on one street (short side) plus the frontage on the other street (long side) in excess of one hundred fifty (150) feet. (b) If the lot abuts adequate (eight-inch sewer, six-inch water) or larger size water or sewer mains in a street on which the lot abuts and a water or sewer main providing a duplicating service is installed in the other abutting street, the cost of the new installation shall be assessed against the lot to the extent that the lot abutting the street in which the new main is installed exceeds one hundred fifty (150) feet. (c) If water or sewer service is installed in a street abutting a corner lot, and the lot is not served by adequate (eight-inch sewer or six-inch water) or larger size water or sewer mains in the other abutting street, and the method of assessment used is the street frontage method, the cost of the installation shall be assessed against the side of the lot abutting the installation. A credit will be provided for the distance, if any, that the side of the lot abutting the street in which no improvement is made is less than one hundred fifty (150) feet. (d) If the lot abuts adequate (eight-inch sewer or six-inch water) or larger size water or sewer mains in two (2) or more streets on which the lot abuts and a water or sewer main providing a duplicating service is installed in other abutting streets, the cost of the new installation shall not be assessed against the lot if that lot cannot be subdivided in any manner which would benefit from the installation. (e) A property parcel is hereby exempted from any duplicating water and/or sewer assessment by the City of Raleigh if all of the following conditions exist: (i) the parcel is zoned for residential use; (ii) the parcel is not eligible for subdivision pursuant to City Code; (iii) the parcel contains an existing single-family residence at the time of project direction by City Council; (iv) the parcel abuts an existing six-inch water main and/or an eight-inch sewer main of the City of Raleigh. (Code 1959, §23-9(2); Ord. No. 1980-328, 3-4-80; Ord. No. 1985-543, §16, 4-16-85; Ord. No. 1999-683, §1, 11-16-99; Ord. No. 2014-262, §21, 1-21-14, eff. 1-26-14)

(a) When a duplicating water or sewer service is extended to a lot not at the intersection of two (2) streets but with adequate (eight-inch sewer or six-inch water) existing service within a public utility easement, assessment of the cost of the duplicating service shall be limited to the frontage of the lot abutting the right-of-way or easement in which the duplicating service is installed in excess of one hundred fifty (150) feet. The exemption shall apply to lots having an existing adequate (eight-inch sewer or six-inch water) or greater size water or sewer service main or the right-of-way or easement containing an adequate size water or sewer service main crossing or touching the property subject to assessment. The exemption contained herein shallnot relieve a lot from an additional assessment for the extension of an existing water or sewer line if the existing water or sewer line extends across only a part of the frontage of the lot and assessment has theretofore been made against only that part of the lot abutting on the existing line. (b) Where one (1) or more water or sewer lines traverse a lot or tract of land, the abutting footage for each lot, tract or parcel assessed according to the assessment roll shall not exceed the straight line distance between the beginning point and the ending point of the line or lines. Provided, upon the installation of a duplication service to a traversed lot or tract of land, an exemption of one hundred fifty (150) feet shall be allowed for the duplicating service pursuant to subsection (a) above. (Code 1959, §23-9(3); Ord. No. 1985-543, §16, 4-16-85; Ord. No. 2014-262, §22, 1-21-14, eff. 1-26-14)

(a) The term "lot" as used in this section is defined as a parcel of land owned by one (1) owner without regard to whether or not shown on any subdivision map as separate lots and without regard to how or when acquired, except that when an assessment is made on a per lot basis in a subdivision, the term "lot" shall apply to each separate subdivided lot or a combination of subdivided lots where a single building unit is constructed on a portion of all the lots. Provided, however, that when a lot in a subdivision abuts a water or sewer line and the lots in the subdivision are assessed on a per lot basis, such lot shall not be assessed a greater amount than the amount which would be assessed against the lot on a linear foot basis after giving credit for the exemptions contained in this section. (b) The exemptions provided for in §§8-2034 and 8-2035shall apply only if the cost of the existing water and sewer service main has been assessed against the property for which a duplicating service is provided, or if the existing water or sewer main, including major mains, was installed by a subdivider of property without cost to the City, or if the cost of the existing water or sewer service main has been paid from community development funds and such mains are located within redevelopment areas as delineated pursuant to Article 22 of Chapter 160A of the General Statutes of North Carolina, as amended. (Code 1959, §23-9(4), (5); Ord. No. 1977-586, 7-19-77; Ord. No. 1985-543, §16, 4-16-85; Ord. No. 1989-417, §1, 9-5-89; Ord. No. 1992-75, §1, 10-20-92; Ord. No. 2014-262, §23, 1-21-14, eff. 1-26-14)

(a) If property to be served by a water or sewer line is to be connected to a line constructed on an assessment basis pursuant to the provisions of §§8-2031 through 8-2036 of this Code and no assessment was made against the property for its proportionate part of the line because ownership of the property would not permit the collection of an assessment, or the property was not deemed by the City to benefit from the water or sewer lines at the time the water or sewer line was originally constructed, then either at the time of authorized connection or presentation of a subdivision for recordation, whichever occurs first, there shall be collected, in addition to all other charges provided herein, or by other law, or ordinance, or resolution, the amount which would have been assessed against the property to be served by the line had such property been assessable at the time the line was constructed. (b) In those cases where the City has paid the cost of the installation of a water and/or sewer line outside the City, either at the time of connection or presentation of a subdivision for recordation, whichever occurs first, there shall be in addition to all other fees, an amount charged at the time of connection equal to the amount that would have been assessed, if the property had been assessed but was not, due to the fact that property was located outside the City limits at the time the line was installed. (Code 1959, §17-10(c); Res. No. 176, 3-20-61; Res. No. 1961-223, §3; Ord. No. 1984-336, §§5, 6, 4-17-84; Ord. No. 1985-543, §17, 4-16-85; Ord. No. 2014-262, §24, 1-21-14, eff. 1-26-14)

The City shall not be obligated to install facilities to provide gravity sewer service to any floor level of any existing or proposed structure at an elevation lower than ten (10) feet below the crown of the street directly in front of the structure. Notwithstanding this provision, property owners desiring that the line be placed at a depth greater than necessary to serve a floor level ten (10) feet below the crown of the street shall be required to pay the difference in cost of laying such line at that depth and the depth at which the property owner desires the line to be laid. Such cost shall be estimated by the City based on the difference in cost for installing a line at twelve (12) feet of depth and the depth at which the property owner desires the line to be laid. Payment of the estimated cost shall be made within thirty (30) days of the date of the demand for payment or the line will be laid at a depth as if the property owner had not requested that the line be installed at a greater depth. Notwithstanding the payment of the estimated cost of the greater depth of lines, the property owner making the payment shall still be assessed for his proportionate cost of the installation of the line consistent with the normal assessment policy. (Res. No. 1963-948, §1, 5-6-63; Ord. No. 1983-63, §1, 2-1-83; Ord. No. 1985-543, §4, 4-16-85)

Where the City or contractors working for the City install any water or sewer service stub as authorized in Section 8-2004(a), the property owner shall pay the appropriate fee as set forth on the Raleigh Water Fee Schedule. Taps for water services larger than one (1) inch and sewer services larger than four (4) inches shall be installed by a private licensed utility contractor retained by the applicant. Tap fees for owner-occupied residential structures may be financed by the City for a term of five (5) years at eight (8) per cent interest upon the request of the homeowner. Water and sewer tap fees relating to public extension projects are subject to a one-year freeze following service availability. This freeze shall apply only to owners of developed properties within the project area upon which a tap was installed as part of the public extension project. During the one-year freeze period, the eligible property owners may connect to the City system(s) and pay the tap fees which were in effect on the date the City Council directed construction of the project. All other property owners in the project area shall pay the prevailing tap fee(s) in effect on the date service connection is requested. (Ord. No. 1991-894, §§1—3, 12-3-91; Ord. No. 1992-81, §1, 11-4-92; Ord. No. 1996-873, §1, 5-7-96; Ord. No. 1997-55, §1, 2-18-97; Ord. No. 1997-164, 8-5-97; Ord. No. 1998-336, §1, 6-2-98; Ord. No. 1999-557, §1, 5-4-99; Ord. No. 2000-83, §1, 7-5-00; Ord. No. 2001-993, §1, 5-1-01; Ord. No. 2002-198, §1, 5-7-02; Ord. No. 2003-438, §1, 5-6-03; Ord. No. 2004-622, §1, 5-4-04; Ord. No. 2004-714, §§1, 2, 9-21-04; Ord. No. 2009-558, §1, 3-17-09, eff. 7-1-09; Ord. No. 2010-720, §1, 4-6-10, eff. 7-1-10; Ord. No. 2011-881, §1, 5-17-11, eff. 7-1-11; Ord. No. 2012-40, §1, 5-1-12, eff. 7-1-12; Ord. No. 2013-174, §1, 4-16-13, eff. 7-1-13; Ord. No. 2014-262, §25, 1-21-14, eff. 1-26-14; Ord. No. 2014-296, §1, 5-6-14, eff. 7-1-14; Ord. No. 2015-418, §1, 4-7-15, eff. 7-1-15 ; Ord. No. 2016-565, §1, 3-21-16, eff. 7-1-16 ; Ord. No. 2017-685, §1, 3-15-17, eff. 7-1-17 ; Ord. No. 2018-841, §1, 6-11-18, eff. 7-1-18 ; Ord. No. 2019-961, §1, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §10, 6-15-20, eff. 7-1-20)

Prior to being placed into service, all sewer main extensions and water and sewer service connections to the City's water and sanitary sewer systems installed by a private contractor shall be inspected and determined to have been properly installed by City inspectors. A sewer main extension inspection fee as set forth in the Raleigh Water Fee Scheduleshall be collected by the Raleigh Department of Public Utilities for closed circuit television (CCTV) inspection of each sewer main extension project at the time of permit application. Sewer main extension projects which are determined by the City during their initial CCTV inspection to not be ready for inspection shall be charged as set forth in the Raleigh Water Fee Schedule. A water and sewer service connection inspection fee as set forth in the Raleigh Water Fee Scheduleshall be collected for each water and sewer service stub. (Ord. No. 1998-360, §1, 6-11-98; Ord. No. 2002-197, §1, 5-7-02; Ord. No. 2003-440, §1, 5-6-03; Ord. No. 2004-624, §1, 5-4-04; Ord. No. 2005-826, §1, 5-17-05; Ord. No. 2006-16, §1, 5-2-06; Ord. No. 2007-219, §1, 5-1-07, eff. 7-1-07; Ord. No. 2008-379, §1, 4-15-08, eff. 7-1-08; Ord. No. 2009-557, §1, 3-17-09, eff. 7-1-09; Ord. No. 2010-719, §1, 4-6-10, eff. 7-1-10; Ord. No. 2011-880, §1, 5-17-11, eff. 7-1-11; Ord. No. 2012-39, §1, 5-1-12, eff. 7-1-12; Ord. No. 2013-173, §1, 4-16-13, eff. 7-1-13; Ord. No. 2014-262, §26, 1-21-14, eff. 1-26-14; Ord. No. 2014-295, §1, 5-6-14, eff. 7-1-14; Ord. No. 2015-417, §1, 4-7-15, eff. 7-1-15 ; Ord. No. 2016-563, §1, 3-21-16, eff. 7-1-16 ; Ord. No. 2017-683, §1, 3-15-17, eff. 7-1-17 ; Ord. No. 2018-845, §1, 6-11-18, eff. 7-1-18 ; Ord. No. 2019-963, §1, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §11, 6-15-20, eff. 7-1-20) Editor's note(s)—Prior to its re-enactment, §8-2040 was reserved, as its provisions had been moved to §8-2063.

Prior to being placed into service, all sanitary sewer pump station connections to the City's sanitary sewer system installed by a private contractor shall be inspected and determined to have been properly installed by City inspectors. The developer shall pay a construction inspection fee as set forth in the Raleigh Water Fee Schedule with the submittal of the construction permit application. (Ord. No. 2005-827, §1, 5-17-05; Ord. No. 2014-262, §27, 1-21-14, eff. 1-26-14; Ord. No. 2019-964, §1, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §12, 6-15-20, eff. 7-1-20) Editor's note(s)—Prior to its re-enactment, §8-2041 was reserved, as its provisions had been moved to §8-2076.

Editor's note: Section 8-2042 is now §8-2077. §8-2043 (deriving from a resolution of Feb. 4, 1974) was repealed by §22 of Ord. No. 1985-543, becoming part of §8-2063. §23 of Ord. No. 1985-543 repealed §§8-2044 and 8-2045, concerning sewer extensions to serve annexed areas where intervening properties are traversed, derived from Code 1959, §23-9.1, and concerning procedure for connections derived from the following resolutions: 1961-223, §4; 404 of June 1, 1964; 976 of Dec. 21, 1970; 659 of Nov. 6, 1972; and 773 of March 2, 1973.

Any person owning or proposing to construct any private utility line or system inside or outside the corporate limits of the City which it is desired to have connected with the public utility lines and systems of the City shall make written application for permission to make such connections, upon forms furnished by the Raleigh Director of Public Utilities or his designee. Applications will be received and acted upon in accordance with the provisions of this article. The application must contain a preliminary utility plan which shall be prepared by a professional engineer registered to practice in the State of North Carolina. The application must also be accompanied by a map made by a professional engineer or registered land surveyor authorized to practice in the State, which map shall show accurately the property to be served with water and/or sewer service, and, if within any real estate development or subdivision, the map shall show the property lines and subdivision of lots and the layout of streets therein. When the private utility lines or systems are to be laid and constructed within any subdivision, such subdivision and the map thereof showing the property lines and subdivision of lots and the layout of streets must have been duly approved in accordance with Chapter 3, Part 10 of this Code before the approval of any application for permission to make connections with the utility system of the City. Unless the Raleigh Director of Public Utilities or his designee has information that indicates that there is adequate existing sewer capacity to meet the needs of the property for which sewer service is sought, the application shall also include a downstream sewer capacity analysis that demonstrates that there is capacity along the tributary wastewater path from the property to the wastewater treatment plant. A main extension permit application fee and, if applicable, pump station permit fee as set forth in the Raleigh Water Fee Scheduleshall paid by the developer at the time engineering plans are submitted for review. (Ord. No. 1985-543, §25, 4-16-85; Ord. No. 1986-778, §1, 5-6-86; Ord. No. 1991-781, §1, 5-21-91; Ord. No. 2002-196, §1, 5-7-02; Ord. No. 2014-262, §28, 1-21-14, eff. 1-26-14; Ord. No. 2020-96 , §13, 6-15-20, eff. 7-1-20) State law reference: Utility construction plans and specifications, G.S. 89C-19.

No application will be considered by the Council under the provisions of this article until the Raleigh Director of Public Utilities or his designee has reviewed the sizes, location, character and quality of all pipes, stubs, valves, valve boxes, hydrants and other fixtures, equipment and apparatus to be laid and constructed and to be connected with the utility systems of the City. The Raleigh Director of Public Utilities or his designee shall have authority to recommend the approval or disapproval of such application and to indicate reasonable conditions and requirements for approval, and to recommend any measures that may be requisite or necessary to protect the interests of the City or to prevent improper connections being made with the utility system of the City. (Ord. No. 1985-543, §25, 4-16-85; Ord. No. 2014-262, §29, 1-21-14, eff. 1-26-14) Editor's note: Copies of the "Public Utilities Handbook" which includes City standards and procedures are on file in the Public Utilities Department.

All utility extensions outside the corporate limits shall be subject to the approval of the City Council. After action has been taken by the Raleigh Director of Public Utilities or his designee (and by the Planning Commission, when required) and recommendations have been made to the Council, the Council shall consider and act upon the question of approving or disapproving the application, and the action of the Council shall be final; provided, however, the Council may indicate to the owners or promoters of any such addition, extension, subdivision, or development the requirements which must be met as a prerequisite for approving the application. (a)Streetstandards. In prescribing such requirements and prerequisites for approval of the application for utility connections, the Council shall, in approving the subdivision or development, determine the width of streets, the adequacy of drainage, and flood control measures and facilities, the type of paving, the size and type of pipes and other equipment, the location of streets, particularly with respect to their coordination with the street plan of the City, and such other matters with respect to the development or subdivision as the Council in its discretion may deem proper. (b)Water and sewer lines required. No private water line, lines or system within any greater than two-acre development or subdivision outside the corporate limits shall be approved for connection with the water system of the City, nor will the City accept any dedication of the same nor will the City agree to furnish water service to consumers within any such development or subdivision, unless, at the same time, there is connected with the City sewerage system and dedicated to the City sewer a sewerage system laid and constructed to City standards sufficient to make available adequate sewerage services for each of the lots within such development or subdivision. No private sewer line, lines, or system within any greater than two-acre development or subdivision outside the corporate limits shall be approved for connection with the sewer system of the City, nor will the City accept any dedication of the same, nor will the City agree to furnish sewer service to consumers within any such development or subdivision, unless, at the same time, there is connected with the City water system and dedicated to the City a water system laid and constructed to City standards sufficient to make available adequate water services for each of the lots within such development or subdivision. On lots greater than two (2) acres that have existing buildings that are having well and septic tank problems, [these] would be able to use one (1) utility without the other if both utilities are not available to the site. In such case where both utilities are not available to a particular tract of land and the property owner wishes to connect to the one that is available, the property owner will be allowed to connect to the particular utility that is available. Available for the purpose of this paragraph shall be defined to mean that the utility is located within one thousand (1,000) feet of the nearest point on the property. Cross reference:Property owners located outside City limits which connect to one (1) or more City utilities must submit a voluntary petition annexation, Resolution No. 1993-208. (c)Adequate flood control facilities required. The City hereby states a policy of not extending water and/or sewer service facilities, or any other facilities under its control, into areas of Wake County outside the City's Chapter 160A, Article 19 planning jurisdiction, except in unusual circumstances, unless and until areas into which such services are extended and the areas within the Chapter 160A, Article 19 planning jurisdiction of the City are adequately protected through the installation of flood control and other such devices, and unless and until adequate facilities are available for the supply of water and the treatment of sewage. Cross reference: Floodprone area regulations, Part 10, Ch. 4. (d)Community systems. Developments located outside the corporate limits but within the utilities planning area as provided in the comprehensive plan that install or propose to install a community water system, sanitary sewer system, or both must install said systems in accordance with the City design, materials, and construction standards and methods. Such design, materials, and construction standards and methods are subject to the same regulations as if the community water and community sewer system were connected to the system of Raleigh. If the conditions of G.S. 160A-374 are met by the City, full dedication of a community water system, including all wells, pumps, and utility lines, is required. (Ord. No. 1985-577-TC-237, §3, 6-4-85; Ord. No. 1986-892, §1, 11-18-86; Ord. No. 1991-768, §1, 4-16-91; Ord. No. 1995-760-TC-122, §14, TC-20C-95, 11-21-95; Ord. No. 2011-868, §1, 5-3-11; Ord. No. 2014-262, §30, 1-21-14, eff. 1-26-14) Cross reference: Resolution No. 1993-208 requires that connections to City utilities for any property outside corporate limits must be accompanied with a petition for annexation.

(a) After approval of the development by the City Council, detailed construction plans of the utility extension including pipes, stubs, valves, valve boxes, hydrants, and other fixtures, equipment and apparatus, shall be submitted to the Raleigh Department of Public Utilities for review and approval. The construction plans shall be accompanied by any necessary Federal, State, County and City permit applications. (b) In the event that any portion of the utility system is to be constructed and laid in and along any public highway or the right-of-way thereof, or in and across lands not owned and possessed by the promoters or developers or in and across lands owned and possessed by the developers or promoters but not within the current phase of development, the promoters and developers without cost or expense to the City shall procure, prior to construction plan approval, all written easement or right-of-way deeds deemed necessary and proper by the City, which legal instruments shall be subject to the approval by the City Attorney. The easement and right-of-way deeds shall be procured from (i) the proper officials and agencies having control of any public highways which the utility system is constructed in or across and (ii) the owners of lands which the utility system is constructed in or across. The easement and right-of-way deeds shall contain a grant of the right and authority to construct, improve, install, remove, replace, maintain, inspect and repair and use any and all parts of the utility system together with all appurtenant facilities and equipment necessary and convenient thereto that is constructed within the easement area or right-of-way, with appropriate rights of ingress and egress over private lands, when necessary, with the right to remove and keep removed therefrom all trees, shrubs, underbrush or parts thereof and other obstructions as necessary to maintain, repair, or protect the utility system. The City will join in the execution of such documents, when required, subject to approval of the legal instrument by the City Attorney. (c) After the issuance of all required Federal, State, County and City permits, the construction plans shall be resubmitted to the Raleigh Department of Public Utilities together with the required Federal, State, County and City permits. The construction plans will be signed and approved for construction by the Raleigh Director of Public Utilities or his designee only after all required Federal, State, County and City permits are obtained. (Ord. No. 1985-543, §25, 4-16-85; Ord. No. 2014-262, §31, 1-21-14, eff. 1-26-14) State law references: North Carolina Drinking Water Act, G.S. 130A-216 et seq. ; control of sources of water pollution; permits required, G.S. 143-215.1.

(a) Where the Raleigh Director of Public Utilities or his designee determines that construction of private utility water, sewer and/or reuse water improvements would not be feasible, a fee in lieu of construction may be permitted. In determining the feasibility, development requirements or topographic conditions may be considered. In this instance, right-of-way dedication and all necessary easements shall be dedicated to the City. Infrastructure construction drawings may be required to determine the extent of improvements and easement locations. (b) All fees received pursuant to subsection (a) above may allow a combination or partial payment of funds and partial construction and dedication of the utility improvements when it is determined that this combination is in the best interests of the properties of the area. (c) All fees received shall be used only for the development of the utility improvements that will best serve the consumers of the subdivision or development. These fees may be used to serve more than one subdivision or development. (d) For mains under twelve (12) inches, fees in lieu payments shall be calculated using the costs to be reimbursed as set forth in §8-2077 based on unit cost per linear foot. For mains twelve (12) inches and above, the fees in lieu payments shall be calculated using the reimbursement costs as set forth in §8-2094(c) based on construction cost per linear foot. (Ord. No. 2013-210, §1, 7-2-13) Editor's note: Ord. No. 2013-210, §1, adopted July 2, 2013, repealed the former §8-2065, and enacted a new §8-2065 as set out herein. The former §8-2065 pertained to construction approval and derived from Ord. No. 1985-543, §25, adopted April 16, 1985.

Editor's note(s)—Ord. No. 2014-262, §32, adopted Jan. 21, 2014, effective Jan. 26, 2014, repealed §8-2066, which pertained to easement and rights-of-way, procuring and derived from Ord. No. 1985-543, §25, adopted April 16, 1985.

After receiving the necessary approvals and permits for the connection of any proposed privately owned utility line or system with the public utility lines or systems of the City, the applicant or applicants at their own proper cost and expense and without unnecessary delay shall furnish, construct and lay the utility lines as approved without cost or expense to the City and the utility lines, together with all appurtenant facilities and equipment, shall be laid and constructed in approved easements and rights-of-way according to the standards and specifications, and of the character, size, quality and durability, as prescribed by the City through and by its proper officials and employees, and shall be subject to the approval of the City through its proper officers or employees. (Ord. No. 1985-543, §25, 4-16-85)

Before any person, firm or corporation shall connect in any manner any privately owned water or sewer line or lines or system with any water or sewer line or lines of the City, including water or sewer lines dedicated to the City, such person, firm or corporation shall, by proper written instrument, in consideration of making such connection and the benefits to be derived therefrom, dedicate, give, grant and convey such water, or sewer line, or lines or system to the City; no such connection shall be made with the City water or sewer line or lines without the express approval of the City and the payment of required utility connection and inspection fees, nor shall such connection be effected except by the forces or employees of the City properly supervised, for which a charge may be made; and should any person, firm or corporation connect any privately owned water or sewer line or lines or system with any City water or sewer line or lines without first dedicating, giving, granting and conveying same to the City the act of connecting such water or sewer line or lines to the water or sewer line or lines of the City shall be deemed a dedication, gift, grant and conveyance of such water or sewer line or lines to the City. (Ord. No. 1985-543, §25, 4-16-85; Ord. No. 2014-262, §33, 1-21-14, eff. 1-26-14) Charter reference: Authority to require dedication, §2.14(65).

Upon the completion of the construction and laying of the utility lines as authorized by this article for connection, and upon inspection and approval thereof by the City, the dedicators shall be permitted to connect such private utility lines with the utility lines and systems of the City upon the terms and conditions prescribed by this Code. (Ord. No. 1985-543, §25, 4-16-85) Cross references:City Engineer to inspect water and sewer construction work, §6-1002.

The dedicators shall furnish the City an accurate map, in formats required by the Raleigh Department of Public Utilities showing in detail the location and dimensions of all recorded easements, mains, pipe lines, laterals, stubs, valves, valve boxes, hydrants, and other fixtures, apparatus, and equipment forming a part of the utility lines constructed and dedicated pursuant to the Code, and showing the depth of all pipes and apparatus below the ground level, which map shall be subject to the approval of the Raleigh Director of Public Utilities or his designee or other proper official of the City designated by the Council, and after such map is so approved there shall be no changes to the map made without the written consent of the Raleigh Director of Public Utilities or his designee or other such officials of the City authorized to give such consent. (Ord. No. 1985-543, §25, 4-16-85; Ord. No. 2014-262, §34, 1-21-14, eff. 1-26-14)

The dedicators shall have and assume all risk in the laying, installation, and construction of the utility lines and system. Dedicators of any portion of the utility system not already subject to a warranty required by this Code or dedicators installing pump stations and appurtenances shall give warranties against any material defect, equipment defect, malfunction, or failure during design conditions for a period of one (1) year from the date of acceptance of such installation. The cost of repair, replacement or both of the subject facilities during the warranty period shall be at the sole expense of the dedicator and without cost to the City. Any repair or replacement made during the warranty period by the dedicator, his agent, or his independent contractor shall also be warranted for a one-year period beginning from the date of acceptance of the repair or replacement. (Ord. No. 1985-543, §25, 4-16-85; Ord. No. 1995-760-TC-122, §15, TC-20C-95, 11-21-95)

All connections by consumers with the utility lines constructed and dedicated pursuant to this article and the Charter and all services through those lines and apparatus shall be in accordance with the laws, ordinances, rules and regulations of and applicable to the City and its Department of Public Utilities, as now in force or as may be enacted, adopted and amended from time to time. The City shall have complete supervision and control over the lines, taps, connections and all other parts of the utility lines and system so constructed for the purpose of making any and all necessary inspections, and turning the water on and off; and for other purposes. The City shall collect all rents, fees and charges from consumers connected with such utility lines, for its sole use and benefit without compensation to the dedicators. (Code 1959, §23-23; Ord. No. 1984-343-TC-215, §2, 5-1-84)

The City shall have the right to cut off the water and to discontinue the furnishing of water and sewer services through the utility lines constructed and dedicated pursuant to this article, at any time, without notice, whenever it shall appear to the City in the sole and absolute discretion of the governing body of the City that to continue to furnish water or sewer services to the consumers along any of the lines would render the City unable to properly furnish an adequate water supply or adequate sewer service for the use of its consumers and citizens living within the corporate limits of the City, but in such event, the City shall give the dedicators and the consumers an ample notice of such intention to discontinue the water supply or sewer service, or both, as the circumstances of the situation render practicable. The City specifically does not and shall not agree or undertake or be required to furnish to the dedicators or to any consumer along any of the utility lines constructed and dedicated pursuant to this article and the Charter any stated or particular pressure of water, and the City specifically does not and shall not agree to furnish fire protection, nor shall there be any such responsibility. The City shall not be liable to the dedicators or to any consumer or to any person for any failure to supply water or for the character or quality of the water supplied, or for any failure or inadequacy of sewer service. (Code 1959, §23-24) State law reference: Discontinuance of service for nonpayment, G.S. 160A-214.

(a) The following policy shall serve as a condition under which the City shall eventually take responsibility for and accept private community type utility system lines into the public system: (1) The owner shall install a utility system, both water and sewer, if possible, using City standards as a minimum level of design. (2) This system shall be supplied by a central temporary source from wells, pumps and tanks and/or sewage disposal system. (3) At such time as the area of the City expands to encompass the development and City utility supply main and/or outfall reaches the privately developed community-type system, an agreement may be entered into for the City to connect to, serve and operate the system. (4) The agreement shall provide for the utility system in the streets and drainage easements to become a part of the City system without cost to the City. The agreement shall further provide that following the connection of the properties served by the privately developed community utility system to the City's utility system, the owner shall properly abandon the wastewater treatment plant pursuant to applicable laws and regulations at no cost to the City. (5) All lots connecting to the utility system shall bear their share of the utility connection cost, which cost must be paid in a lump sum. (b) Privately owned water distribution mains and sewer collection mains that connect multiple individually owned single family residential properties to the City of Raleigh public water system or sewer system may be dedicated to the City of Raleigh for ownership, operation and maintenance if those systems meet the following conditions: (1) Water distribution systems and sewer collection systems shall be constructed in conformance with the City of Raleigh Public Utilities Handbook and comply with all State and Federal requirements for publicly owned water and sewer systems; (2) The mains shall be properly sized and have sufficient capacity to serve the community according to the requirements of the City of Raleigh Public Utilities Handbook and all State and Federal requirements for publicly owned water and sewer systems. (3) The condition of the mains and accessories are in good working order and do not require repair at the time of dedication. (4) Easement area as required by the Raleigh Public Utilities Handbook for proper operation and maintenance of the mains, meters and other accessories is provided. For mains within existing private street right-of-way, the easement area may be synonymous with the right-of-way lines such that all public mains and appurtenances are within the easement. (5) Engineering record drawings of the water and sewer systems are provided in accordance with the City of Raleigh Public Utilities Handbook. (6) The system is not currently connected to the City of Raleigh Public System through a master meter. (c) A person whose system meets the criteria of §8-2074(a) or (b) above, and who desires to dedicate their water and or sewer system to the City, at no cost to the City, shall make written application to the City upon forms furnished by the Raleigh Director of Public Utilities or his designee. The Raleigh Director of Public Utilities or his designee will review the application for compliance with the standards of this section. Following approval of the application, the applicant shall dedicate the system and appropriate easements for the components of the utility system to be conveyed by deed of easement, which deed shall be approved by the City, and record the deed or deeds in the appropriate county register of deeds at no cost to the City. Any private utility system that does not meet the requirements and standards of §8-2074(a) or (b) above, as applicable, shall not be accepted by the City for ownership, operation and maintenance of such system. (Res. No. 1964-588, §1, 10-5-64; Ord. No. 2014-262, §35, 1-21-14, eff. 1-26-14; Ord. No. 2017-665, §1, 2-7-17 )

(a) If the water and sewer lines installed pursuant to this section are over six (6) inches in size for water or over eight (8) inches in size for sewer, but less than twelve (12) inches in size, and the lines or the area to be served are within the City limits, the City shall reimburse the applicant for certain costs and under certain conditions as stated herein. (b) For developments inside the City limits or developments which it has been agreed shall be annexed to the City, the City, under the conditions listed in §8-2077 below, will reimburse the developer for costs incurred over and above those required to serve his/her immediate development. Such reimbursement shall be made in accordance with §8-2094 and §8-2095. Payment may be a one-time payment if the Raleigh Director of Public Utilities or his designee determines that there are sufficient funds to meet all outstanding obligations and the immediate request. Otherwise, reimbursement shall be in annual installment payments over a period of up to ten (10) years beginning on January 1 following the time of final inspection and acceptance of the improvement by the Chief Engineer of the City. The following installations are subject to reimbursement: (1) Differential unit costs as set forth in the reimbursement fee schedule provided in §8-2094 between a six-inch water main and water mains over six (6) inches in diameter, but less than twelve (12) inches in diameter when required by the City and not necessary to serve the subject property. (2) Differential unit costs as set forth in the reimbursement fee schedule provided in §8-2094 between an eight-inch sewer main and sewer mains over eight (8) inches in diameter, but less than twelve (12) inches in diameter, when required by the City and not necessary to serve the subject property. (3) Unit cost of off-site utility lines less than twelve (12) inches in diameter constructed by the developer to reach the outer boundary of the development, whether the lines are installed inside or outside the City limits. (Code 1959, §20-31(b); Res. No. 1961-223, Res. No. 404, 6-1-64; Res. No. 976, 12-21-70; Res. No. 659, 11-6-72; Res. No. 773, 3-2-73; Ord. No. 1985-543, §18, 4-16-85; Ord. No. 1987-31-TC-296, §§25—27, 8-4-87; Ord. No. 1995-760-TC-122, §§14, 16—19, 21—23, TC-20C-95, 11-21-95; Ord. No. 2014-262, §36, 1-21-14, eff. 1-26-14)

For developments outside the City limits, the City, under the conditions listed below in §8-2077, will reimburse the developer for unit costs of utilities less than twelve (12) inches in diameter constructed within the City limits by the developer to reach his/her developments. Payment may be a one-time payment if the Raleigh Director of Public Utilities or his designee determines that there are sufficient funds to meet all outstanding reimbursement obligations and the immediate request. Otherwise, reimbursement shall be in annual installment payments without interest over a period of up to ten (10) years beginning on January 1 following the time of final inspection and acceptance of the improvement by the Chief Engineer of the City. (Code 1959, §20-31(c); Ord. No. 1985-543, §20, 4-16-85; Ord. No. 1995-760-TC-122, §§14, 16, 19, 20, 24, TC-20C-95, 11-21-95; Ord. No. 2014-262, §37, 1-21-14, eff. 1-26-14) Cross reference: Utility lines twelve (12) inches and over in diameter are eligible for reimbursement under the utility main policy, division 3 of this article.

(a) Following the acceptance by the Raleigh Director of Public Utilities or his designee of any improvements to the utility system constructed pursuant to §8-2076, the developer shall furnish the Raleigh Director of Public Utilities or his designee with an itemized list of costs to be reimbursed by the City. The amount of the reimbursements shall be as set forth in the Raleigh Water Fee Schedule. All fees stated herein shall be adjusted annually based on Engineering News Record Construction Cost Index, as published in December. After the fees are indexed, the fees shall be rounded to the nearest dollar. (b) The City shall pay such other costs incidental to the development of the general area which, in the opinion of the Council should properly be borne by the City. (Code 1959, §20-31(d)—(g); Ord. No. 1985-543, §21, 4-16-85; Ord. No. 1987-31-TC-296, §29, 8-4-87; Ord. No. 1995-760-TC-122, §§25, 26, TC-20C-95, 11-21-95; Ord. No. 2007-165-TC-299, §1, TC-1-07, 2-6-07; Ord. No. 2012-81, §§1, 2, 6-19-12, eff. 7-1-12; Ord. No. 2013-176, §1, 4-16-13, eff. 7-1-13; Ord. No. 2014-298, §1, 5-6-14, eff. 7-1-14; Ord. No. 2015-420, §1, 4-7-15, eff. 7-1-15 ; Ord. No. 2016-562, §1, 3-21-16, eff. 7-1-16 ; Ord. No. 2017-682, §1, 3-15-17, eff. 7-1-17 ; Ord. No. 2018-844, §1, 6-11-18, eff. 7-1-18 ; Ord. No. 2019-962, §1, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §14, 6-15-20, eff. 7-1-20)

(a) Whenever the Raleigh Director of Public Utilities or his designee finds that any person has violated or is violating this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, the Raleigh Director of Public Utilities or his designee may serve upon such a person a written notice stating the nature of the violation. If requested by the Raleigh Director of Public Utilities or his designee, a plan for the satisfactory correction thereof shall be submitted to the Raleigh Director of Public Utilities or his designee within the timeframe specified in the enforcement policy adopted in accordance with subsection (e) below. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. In the event of an emergency that requires the City to take immediate action to correct the violation, the City is not required to provide an opportunity for the violator to correct the violations and may assess penalties and costs pursuant to this section without prior notice. (b) Any person who is found to have failed to comply with any provision of this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, shall be subject to a civil penalty as follows: (1) For a first-time violator where the violation was not committed willfully or intentionally, five thousand dollars ($5,000.00) per day per violation. (2) For a repeat violator where the violation was not committed willfully or intentionally, ten thousand dollars ($10,000.00) per day per violation. (3) For a first-time violator where the violation was committed willfully or intentionally, twenty-five thousand dollars ($25,000.00) per day per violation. The notice of the civil penalty assessment shall be issued in writing and shall set forth with reasonable care the basis of the civil penalty and any administrative costs and the costs to the City of rectifying the noncompliance that are assessed. (c) Failure to obtain any permit required by this article or any other violation by any person authorized to perform work in or upon the utility systemshall subject the violator to the following penalties: (1) For the first violation, the personshall be subject to a civil penalty in the amount of one hundred dollars ($100.00) plus any permit fee, if applicable. (2) For the second violation in a five-year period, the personshall be subject to a civil penalty in the amount of two hundred dollars ($200.00) plus any permit fee, if applicable. (3) For the third violation in a five-year period, the personshall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, and for each subsequent violation the personshall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, up to the fifth violation. (4) After the fifth violation in a five-year period, the privilege and right of the person to work in and/or upon the Raleigh water and sewer utility systemshall be suspended for a period of twelve (12) months from the date of the sixth violation. (d) Any person violating any section of this article must pay to the City all expenses incurred by the City in repairing any damage to the utility system caused in whole or in part by such violation and any expense incurred by the City in investigating such violation. (e) The Raleigh Director of Public Utilities shall maintain an enforcement policy to implement this section which shall be submitted to the City Council for approval. (f) From and after the expiration of the time period specified in the notice of violation issued pursuant to subsection (a) above of this section for correcting a violation of this article, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (g) Any appeal from a notice of violation or civil penalty assessment shall be made in writing to the Raleigh Director of Public Utilities within thirty (30) days of receipt of the notice of violation or civil penalty assessment issued pursuant to this section. The Raleigh Director of Public Utilities shall use all reasonable efforts to notify the appellant in writing of his or her decision within sixty (60) days of receipt of the notice of appeal pursuant to the enforcement policy adopted pursuant to subsection (e) above of this section. (h) All notices required by this subsection may be served by certified mail or hand-delivery to the violator; certified mail or hand-delivery to the owner of the property in violation; or posting the notice at the property in violation. When service is made by certified mail, a copy of the notice may also be sent by First Class U.S. Mail. Service shall be deemed sufficient if the notice sent by First Class U.S. Mail is not returned by the U.S. Post Office seven (7) days after mailing. (i) If payment is not received or equitable settlement reached after thirty (30) days after demand for payment is first made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of the penalty. If payment is not received or equitable settlement has not been reached within the specified time period, the City may interrupt water and sewer service to the property until such time that payment is received or equitable settlement has been reached. (j) Any person who violates any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or who undertakes or continues any alteration, extension or construction of the utility system or part thereof without first obtaining a permit or written permission or who undertakes or continues any alteration, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both shall be guilty of a misdemeanor punishable by imprisonment to the maximum number of days prescribed by law. (k) Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate any of the provisions of this article or any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or is undertaking or continuing any alteration, extension and construction of the utility system without first obtaining a permit or written permission, or is undertaking or continuing any alterations, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both, the City may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Code. The terms "undertakes" or "undertaking" as used in this section means the initiating of or continuing of or being financially responsible for any activity or phase of activity which results in the extension, construction, or alteration of any part of the utility system of the City. (l) The penalties and enforcement provisions established by this article may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. The remedies provided for in this article are not exclusive. The Raleigh Director of Public Utilities or his designee may take any, all, or any combination of these actions against a violator. (Ord. No. 1986-775, §1, 4-15-86; Ord. No. 2006-100, §2, 9-19-06; Ord. No. 2014-262, §38, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §8, 9-2-14, eff. 9-7-14) State law reference: Criminal offenses, G.S. 14-4; G.S. 143-215.6(b). Secs. 8-2079—8-2090. RESERVED.

It shall be the utility main policy of the City, subject to conditions and limitations set forth herein, to fully or partially reimburse developers who, at the request of the City, install major water and/or major sewer mains either inside or outside the corporate limits. (Ord. No. 1984-338, §8, 4-17-84; Ord. No. 1984-470, §3, 12-18-84; Ord. No. 1985-543, §28, 4-16-85; Ord. No. 2013-179, §2, 4-16-13; Ord. No. 2013-197, §1, 6-18-13, eff. 7-1-13; Ord. No. 2015-396, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2019-938, §1, 4-16-19 )

(a) In addition to all other fees, prescribed by ordinance or resolution now or hereafter in effect, there shall be a fee for connecting with the sewer system of the City, within or without the corporate limits of the City. The fees shall be calculated based on the water meter size for the property served by the connection. The sewer capital facilities fee shall be paid to the City with the submittal of the permit application for the connection in the amount set forth in the Raleigh Water Fee Schedule. (b) For approved sewer-only connections, the capital facilities fee shall be as set forth in the Raleigh Water Fee Schedule. (c) For redevelopment projects, the amount of the capital facilities fee shall take into account and provide credit for the number of meters and their respective sizes on the property that were connected to the utility system prior to redevelopment of the property. In no case shall the credit for the existing connections exceed the amount of the new capital facilities fee. (Res. 1961-233; Res. 1964-404; Res. 1970-976; Res. 1972-659; Res. 1973-773; Ord. No. 1979-186, 8-21-79; Ord. No. 1981-670, §1, 5-19-81; Ord. No. 1984-338, §§2, 3, 4-17-84; Ord. No. 1984-470, §1, 12-18-84; Ord. No. 1985-543, §13, 4-16-85; Ord. No. 1985-585, §1, 6-18-85; Ord. No. 1985-628, §1, 9-3-85; Ord. No. 1985-681, §1, 12-3-85; Ord. No. 1986-754, §1, 4-1-86; Ord. No. 1986-860, §1, 10-7-86; Ord. No. 1987-955, §1, 4-21-87; Ord. No. 1988-145, §1, 4-19-88; Ord. No. 1988-291-TC-327, §13, 12-13-88; Ord. No. 1989-375, §1, 6-6-89; Ord. No. 1989-418, §1, 9-5-89; Ord. No. 1990-599, §1, 6-19-90; Ord. No. 1991-718, §1, 2-5-91; Ord. No. 1991-878, 7-16-91; Ord. No. 1992-966, §1, 5-5-92; Ord. No. 1993-199, §1, 6-1-93; Ord. No. 1994-398, §1, 5-17-94; Ord. No. 1995-624, §1, 5-2-95; Ord. No. 1997-112, §1, 5-20-97; Ord. No. 1998-258, §1, 1-6-98; Ord. No. 1998-334, §1, 6-2-98; Ord. No. 1999-545, §1, 4-20-99; Ord. No. 2000-795, §1, 5-16-00; Ord. No. 2001-994, §1, 5-1-01; Ord. No. 2002-195, §1, 5-7-02; Ord. No. 203-436, §1, 5-6-03; Ord. No. 2004-620, §1, 5-4-04; Ord. No. 2005-823, §1, 5-17-05; Ord. No. 2006-13, §1, 5-2-06; Ord. No. 2007-165-TC-299, §1, TC-1-07, 2-6-07; Ord. No. 2007-223, §1, 5-1-07, eff. 7-1-07; Ord. No. 2008-376, §1, 4-15-08, eff. 7-1-08; Ord. No. 2009-554, §1, 3-17-09, eff. 7-1-09; Ord. No. 2010-716, §1, 4-6-10, eff. 7-1-10; Ord. No. 2011-882, §1, 5-17-11, eff. 7-1-11; Ord. No. 2012-52, §1, 5-14-12, eff. 7-1-12; Ord. No. 2012-81, §3, 6-19-12, eff. 7-1-12; Ord. No. 2013-179, §3, 4-16-13; Ord. No. 2013-197, §§3, 4, 6-18-13, eff. 7-1-13; Ord. No. 2017-735, §1, 9-5-17, eff. 9-30-17 ; Ord. No. 2018-835, §1, 6-5-18, eff. 7-1-18 ; Ord. No. 2020-96 , §§15, 16, 6-15-20, eff. 7-1-20) Sec. 8-2092.1. WATER CAPITAL FACILITIES FEES IMPOSED ON ALL CONNECTIONS. (a) In addition to all other fees, prescribed by ordinance or resolution now or hereafter in effect, there shall be a fee for connecting with the water system of the City, either within or without the corporate limits of the City. The fees shall be calculated based on the water meter size for the property served by the connection. The water capital facilities fee shall be paid to the City with the submittal of the permit application for the connection in the amount set forth in the Raleigh Water Fee Schedule. (b) For redevelopment projects, the amount of the capital facilities fee shall take into account and provide credit for the number of meters and their respective sizes on the property that were connected to the utility system prior to redevelopment of the property. In no case shall the credit for the existing connections exceed the amount of the new capital facilities fee. ( Ord. No. 2017-735, §2, 9-5-17, eff. 9-30-17 ; Ord. No. 2018-835, §2, 6-5-18, eff. 7-1-18 ; Ord. No. 2020-96 , §17, 6-15-20, eff. 7-1-20)

Editor's note: Ord. No. 2013-197, §2, adopted June 18, 2013, effective July 1, 2013, repealed §8-2093, which pertained to acreage fees; exceptions and derived from Res. No. 1961-223; Res. No. 1964-404; Res. No. 1970-976; Res. No. 1972-659; Res. No. 1973-773; Ord. No. 1985-543, §13, adopted April 16, 1985; Ord. No. 2012-70, §1, adopted June 19, 2012.

(a) Developers or promoters proposing to install major water mains, or major sewer mains, or both shall follow the ordinances, policies, and procedures for such installations established by the City, under the direction of the Raleigh Department of Public Utilities. Properly prepared preliminary utility plans and profiles shall be first submitted to the Raleigh Department of Public Utilities (or to the Planning Department for projects involving a subdivision) and thereafter shall follow the provisions of Division 2, Article B, Chapter 2, Part 8 (and the Raleigh Unified Development Ordinance for projects involving a subdivision) of this Code. (b) Within one year following completion of the project and acceptance by the City of the utility improvements, a reimbursement contract shall be prepared and submitted to Council for approval, and then executed by the City and developer. No reimbursement contract shall be executed until such time as main trunk or interceptor facilities which serve the major mains are operational. Should the developer fail to execute the reimbursement contract within one year of the City's acceptance of the utility improvements, the City shall have no further obligation to reimburse the developer for the cost of the main or interceptor facilities that the developer constructed. (c) The reimbursement amounts will be calculated based on the differential unit cost between a six-inch water main and eight-inch sewer main and the main size installed multiplied by the length of the main installed. The differential unit costs to be used to calculate the reimbursement amount shall be as set forth in the Raleigh Water Fee Schedule. All reimbursement fees in the Raleigh Water Fee Schedule shall be adjusted annually based on Engineering News Record Construction Cost Index, as published in December. After the fees are indexed, the fees shall be rounded to the nearest dollar. (Ord. No. 1984-470, §4, 12-18-84; Ord. No. 1985-543, §29, 4-16-85; Ord. No. 1995-669, §§1, 2, 7-5-95; Ord. No. 1996-891, §2, 5-21-96; Ord. No. 1997-113, §2, 7-1-97; Ord. No. 1998-335, §1, 6-2-98; Ord. No. 1999-550, §1, 5-4-99; Ord. No. 2000-794, §1, 5-16-00; Ord. No. 2001-992, §1, 5-1-01; Ord. No. 2002-199, §1, 5-7-02; Ord. No. 2003-437, §1, 5-6-03; Ord. No. 2004-621, §1, 5-4-04; Ord. No. 2005-824, §1, 5-17-05; Ord. No. 2006-14, §1, 5-2-06; Ord. No. 2007-165-TC-299, §1, TC-1-07, 2-6-07; Ord. No. 2007-217, §1, 5-1-07, eff. 7-1-07; Ord. No. 2008-377, §1, 4-15-08, eff. 7-1-08; Ord. No. 2009-555, §1, 3-17-09, eff. 7-1-09; Ord. No. 2010-717, §1, 4-6-10, eff. 7-1-10; Ord. No. 2011-878, §1, 5-17-11, eff. 7-1-11; Ord. No. 2012-38, §1, 5-1-12, eff. 7-1-12; Ord. No. 2012-81, §2, 6-19-12, eff. 7-1-12; Ord. No. 2013-197, §§5—7, 6-18-13; Ord. No. 2013-172, §1, 4-16-13, eff. 7-1-13; Ord. No. 2014-294, §1, 5-6-14, eff. 7-1-14; Ord. No. 2015-396, §2, 2-16-15, eff. 2-21-15 ; Ord. No. 2015-416, §1, 4-7-15, eff. 7-1-15 ; Ord. No. 2016-567, §1, 3-21-16, eff. 7-1-16 ; Ord. No. 2017-687, §1, 3-15-17, eff. 7-1-17 ; Ord. No. 2018-843, §1, 6-11-18, eff. 7-1-18 ; Ord. No. 2019-966, §1, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §18, 6-15-20, eff. 7-1-20)

(a) A party to a reimbursement contract involving a major main extension shall pay the City capital facilities fee at the time service connection application is made in accordance with Article 8 of Chapter 162A of the North Carolina General Statutes. (b) Unless the party has been given a credit as required by G.S. 162A-207(c), the reimbursement payment may be a one-time payment if the Raleigh Director of Public Utilities or his designee determines that there are sufficient funds to meet all outstanding obligations and the immediate request for reimbursement. Otherwise, reimbursement shall be in annual installment payments over a period up to ten (10) years beginning on January 1 immediately following the execution of the contract. (c) If more than one (1) extension of a major main or mains have been made, reimbursements shall be paid to the developers making such extensions in the order that the reimbursement contracts are signed. (d) The City Manager or his designee is authorized to enter into such reimbursement contracts on behalf of the City. (Ord. No. 1984-338, §§9—11, 4-17-84; Ord. No. 1985-543, §30, 4-16-85; Ord. No. 2013-197, §8, 6-18-13, eff. 7-1-13; Ord. No. 2019-938, §2, 4-16-19 ) Editor's note: Reimbursements for oversized utility lines are found in Standard Operating Procedure No. 700-6, major mains, §7.2et seq.

(a) During the rezoning, development plan, or building permit review process, the Raleigh Director of Public Utilities or his designee may determine that the increase in sewer discharge associated with a project will exceed the available capacity of downstream sewer mains and that replacement of the existing downstream sewer mains is required or that replacement of existing water mains is necessary to facilitate the potable water demands or fire flow requirements for a project. The City's Urban Redevelopment Main Replacement Reimbursement Program will provide reimbursements to developers who are required by the City to replace existing water and sewer mains in association with development projects. Reimbursements under this program may be for replacing water and/or sewer mains to provide adequate pipe capacity, and/or when the City requires the replacement of existing water and sewer infrastructure adjacent to a proposed project based on the condition of the existing pipes. The available reimbursement amount, as a percentage of estimated construction cost, will vary based on the age, condition and available capacity of the existing mains that are being replaced in association with the development project. The highest levels of reimbursement will be provided for projects replacing mains which are old, deteriorated, or over capacity in existing conditions, with the intent of distributing the costs of such projects between developers, the existing customer base, and future developments equitably. The Raleigh Director of Public Utilities shall adopt an Urban Redevelopment Main Replacement Reimbursement Policy pursuant to the requirements and standards set forth in this §8-2096 to implement this program, which shall be approved by the Council and incorporated into this Code by reference. (b) The developer shall identify the proposed increase in sewer capacity associated with the proposed development project. The Raleigh Director of Public Utilities or his designee will determine if there is enough information readily available to ensure that there is adequate downstream capacity for the proposed project. If the City determines there is adequate downstream sewer capacity based on readily available information, no capacity improvements will be required downstream of the project. In the event that not enough information is available, the developer shall be required to provide a sewer capacity study, prepared and sealed by a North Carolina licensed professional engineer, evaluating the downstream sewer capacity. The Raleigh Director of Public Utilities or his designee may require the study to extend to include major interceptors where there is concern that a large project may exceed the capacity of downstream interceptors. (c) Raleigh Director of Public Utilities or his designee may determine that existing mains adjacent to a project require replacement as part of the proposed project due to age or deterioration. Replacement of mains adjacent to a project will only be required when the project will be modifying connections to the existing mains or constructing other improvements, such as street or storm drainage improvements in the right-of-way or easement containing the water and sewer mains. The City will provide 100% reimbursement based on the unit prices set forth in the Raleigh Water Fee Schedule when replacement of the mains is not needed to accommodate additional sewer capacity or water demands or to address conflicts associated with the project. (d) Following the identification by the Raleigh Director of Public Utilities or his designee of mains requiring replacement, the developer shall provide construction drawings for the proposed improvements through the infrastructure construction plan approval process. Prior to construction drawing approval, the developer shall notify the City that an application for reimbursement will be made for the proposed project. The City will determine the applicable reimbursement value based on the criteria described in this section and the Urban Redevelopment Main Replacement Reimbursement Policy. (e) Within one yearfollowing completion of the project and acceptance of utility improvements by the City, a reimbursement contract shall be prepared pursuant to §8-2095 and submitted to Council for approval, and then executed by the City and developer. No reimbursement contract shall be executed by the City until such time as main trunk or interceptor facilities which serve the major mains are operational. Should the developer fail to execute the reimbursement contract within one year of the City's acceptance of the utility improvements, the City shall have no further obligation to reimburse the developer for the cost of the main or interceptor facilities that the developer constructed. (f) The reimbursement amount will be calculated based on the unit costs set forth in the Raleigh Water Fee Schedule and the Urban Redevelopment Main Reimbursement Policy. The City will require that the reimbursement be based on the lowest cost alternative which is feasible for the construction being pursued. If the developer chooses to pursue a higher cost construction method or alignment, the City will reimburse based on the lower cost alternative. (i.e. the developer may choose a more expensive alternative to speed schedule). Reimbursement based on unit costs is intended to cover both design and construction. In the event that the developer believes that actual construction cost will significantly exceed the costs below, the developer may request to be reimbursed according to the amounts and procedures established in the Anomaly Process in §8-2096(g) below. (g) In the event that site conditions exist that may cause construction costs to exceed the published unit costs set forth in the Raleigh Water Fee Schedule, the developer may choose to pursue this Anomaly Process in lieu of applying for reimbursement according to the published costs. The developer shall provide the City with the approved construction drawings and specifications based on the City's standard specifications for Water and Sewer Construction in the Raleigh Public Utilities Handbook. After the developer enters into a contract with the City for payment of the developer's portion of the project costs, the City will initiate a Capital Improvement Project to construct the proposed improvements. The City will bid the proposed water or sewer main replacement project in accordance with North Carolina Law for Public Contracts, N.C.G.S. 143, Article 8 and award the construction contract to the lowest responsible, responsive bidder. The developer shall pay to the City the total amount of the developer's portion of the proposed construction costs prior to contract award based on the low bid construction cost and the Reimbursement Percentages calculated above. The City will administer the construction of the proposed main replacement. Upon project completion, the final project cost shall be determined including approved change orders. The developer's portion of the project cost shall be based on the actual final project cost. The Developer may choose to pursue building permits following the bid opening, however no Certificate of Occupancy will be provided until all required improvements have been completed and accepted by the City. The City does not guarantee the project will meet the Developer's schedule. (h) Projects which were approved for construction prior to effective date of this ordinance but which have not yet been accepted for ownership by the City are eligible to apply for reimbursement under this §8-2096. ( Ord. No. 2015-396, §3, 2-16-15, eff. 2-21-15 ; Ord. No. 2017-697, §1, 4-18-17, eff. 7-1-17 ; Ord. No. 2018-846, §1, 6-11-18, eff. 7-1-18 ; Ord. No. 2019-967, §1, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §19, 6-15-20, eff. 7-1-20) Secs. 8-2097—8-2110. RESERVED.

(a) This article sets forth uniform requirements for direct and indirect contributors into the waste water collection and treatment system for the City of Raleigh, hereafter referred to as the City, and enables the City to comply with all applicable State and Federal laws, Federal regulations and State rules including 15A NCAC 02H Part .0900, the Clean Water Act (33 United States Code Section 1251 et seq. ) and the General Pretreatment Regulations (40 CFR, Part 403). (b) The objectives of this article are: (1) To prevent the introduction of pollutants into the municipal waste water system which will interfere with the operation of the system or contaminate the resulting sludge; (2) To prevent the introduction of pollutants into the municipal waste water system which will pass through the system, inadequately treated, into any waters of the State or otherwise be incompatible with the system; (3) To promote reuse and recycling of industrial waste water and sludges from the municipal system; (4) To protect both municipal personnel who may be affected by sewage, sludge, and effluent in the course of their employment as well as protecting the general public; (5) To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal waste water system; and (6) To ensure that the municipality complies with its NPDES or Non-discharge Permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the municipal waste water system is subject. (c) This article provides for the regulation of direct and indirect contributors to the municipal waste water system, through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (d) This article shall apply to all users of the municipal waste water system. [Note: as authorized by G.S. 160A-312 and/or G.S. 153A-275.] Except as otherwise provided herein, the POTW Director shall administer, implement, and enforce the provisions of this article. Any powers granted to or imposed upon the POTW Director may be delegated by the POTW Director to other City personnel. By discharging waste water into the municipal waste water system, industrial users located within or outside the City limits agree to comply with the terms and conditions established in this article, as well as any permits, enforcement actions, or orders issued hereunder. (Ord. No. 2011-981, §1, 12-6-11)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated: Act or the Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. Approval Authority: The Director of the Division of Water Quality of the North Carolina Department of Environment and Natural Resources (DENR) or his designee. Authorized representative of the industrial user: (1) If the industrial user is a corporation, authorized representative shall mean: a. The president, secretary, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or b. The manager of one (1) or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or the proprietor, respectively. (3) If the industrial user is a Federal, State or local government facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. (5) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to POTW Director prior to or together with any reports to be signed by an authorized representative not to exceed thirty (30) days. Baseline monitoring report (BMR): A required report for all industrial users subject to a categorical pretreatment standard. A BMR provides information that documents an industrial user's compliance status with all applicable pretreatment standards. Biochemcial oxygen demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees Centigrade, usually expressed as a concentration (e.g., mg/l). Building sewer: A sewer conveying waste water from the premises of a user to the POTW. Bypass: The intentional diversion of waste streams from any portion of a user's treatment facility. Categorical standards:National categorical pretreatment standards or pretreatment standards. Consumer of sewer services or consumer: Any person who discharges waste water or other substances regulated by this Article into the POTW or otherwise uses the POTW and who is not an industrial user. Control Authority: Refers to the POTW organization if the POTW organization's pretreatment program approval has not been withdrawn. Division: The Division of Water Quality of the North Carolina Department of Environment and Natural Resources. Environmental Protection Agency or EPA: The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency. Food preparation or serving facility: Any commercial, or industrial facility that prepares or serves food, including a restaurant, cafe, cafeteria, snack bar, grill, deli, catering service, bakery, grocery store, butcher shop, or similar establishment. Grab sample: A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes. Grease and septage haulers: Any person or business entity permitted by DENR to remove and haul grease or septage which would otherwise be transported to the POTW. Hazardous waste: A substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Holding tank waste: Any waste from holding tanks, including but not limited to such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Indirect discharge or discharge: The discharge or the introduction from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). Industrial user or user: Any person who is a source of indirect discharge. Interference: The inhibition or disruption of the POTW collection system, treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the Control Authority's (and/or the POTW's if different from the Control Authority's) NPDES, collection system, or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations or permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901, et seq. ), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA), or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. Medical waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and potentially contaminated laboratory wastes. National categorical pretreatment standard or Categorical standard: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471. National prohibitive discharge standard or Prohibitive discharge standard: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in §8-2113 of this article and are developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5. New source: (1) Any building, structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with Section 307(c), provided that: a. The building, structure, facility, or installation is constructed at a site at which no other source is located; or b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production or waste water generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraphs (1)b. or (1)c. above but otherwise alters, replaces, or adds to existing process or production equipment. (3) For purposes of this definition, construction of a new source has commenced if the owner or operator has: a. Begun, or caused to begin, as part of a continuous onsite construction program: (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition. Noncontact cooling water: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. National Pollutant Discharge Elimination System, or NPDES, permit: A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342), or pursuant to G.S. 143-215.1 by the State under delegation from the EPA. Non-discharge permit: A permit issued by the State pursuant to G.S. 143-215.1(d) for a waste which is not discharged directly to surface waters of the State or for a waste water treatment works which does not discharge directly to surface waters of the State. Pass through: A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Control Authority's (and/or POTW's, if different from the Control Authority's) NPDES, collection system, or non-discharge permit. Person: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State, and local government entities. pH: A measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. Pollutant: Any "waste" as defined in G.S. 143-213(18) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of waste water (e.g., pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, and odor). POTW Director: The City of Raleigh Director of Public Utilities, or authorized representative. POTW treatment plant: That portion of the POTW designed to provide treatment to waste water. Pretreatment or treatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in waste water prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW collection system and/or treatment plant. The reduction or alteration may be obtained by physical, chemical or biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment program: The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the City in compliance with 40 CFR 403.8 and approved by the Approval Authority as authorized by G.S. 143-215.3(a)(14) in accordance with 40 CFR 403.11. Pretreatment requirements: Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard. Pretreatment standards: Prohibited discharge standards, categorical standards, or local limits which apply to an industrial user. Publicly-owned treatment works (POTW) or municipal waste water system: A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey waste water to the POTW treatment plant. For the purposes of this article, POTW shall also include any sewers that convey waste waters to the POTW from persons outside the City who are, by contract or agreement with the City, or in any other way, users of the City's POTW. Severe property damage: Substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Significant industrial user: An industrial user who discharges waste water into a publicly owned treatment works and who: (1) Discharges an average of 25,000 gallons per day or more of process waste water to the POTW(excluding sanitary, noncontact cooling and boiler blowdown waste waters); or (2) Contributes process waste water which makes up five (5) per cent or more of the NPDES or Non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS, Ammonia; Total Phosphorus, and Total Nitrogen; or (3) Is required to meet a national categorical pretreatment standard; or (4) Is found by the City, the Division of Water Quality or the U.S. Environmental Protection Agency (EPA) to have the potential for impact, either singly or in combination with other contributing industrial users, on the waste water treatment system, the quality of sludge, the system's effluent quality, or compliance with any pretreatment standards or requirements. (5) Subject to Division of Water Quality approval under 15A NCAC 02H .0907(b), the Control Authority may determine that an industrial user meeting the criteria in paragraphs (1) and (2) above has no reasonable potential for adversely affecting the POTW';i§i; operation or for violating any pretreatment standards .....  or pretreatment requirement ..... , the POTW ..... ';i§ (6) Subject to Division of Water Quality approval under 15A NCAC 02H .0907(b), the Control Authority may determine that an industrial user meeting the criteria in paragraph (3) above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical industrial user. Significant noncompliance or SNC: The status of noncompliance of a Significant Industrial User when one or more of the following criteria are met. Additionally, any Industrial User who meets the criteria in Part (1)c.; (1)d.; or (5) below shall also be SNC. (1) Violations of waste water discharge limits. a. Chronic violations of waste water discharge limits, defined here as those in which sixty-six (66) per cent or more of all the measurements taken for the same pollutant parameter (not including flow) during a six-month period exceed by any magnitude a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(1). b. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) per cent or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(1) multiplied by the applicable TRC; (TRC = 1.4 for BOD, TSS, fats, oil, and grease); 1.2 for all other pollutants (except flow and pH). c. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Control Authority and/or POTW Director determines has caused, alone or in combination with other discharges, interference or pass through; or endangered the health of the sewage treatment plant personnel or the public. d. Any discharge of a pollutant or waste water that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in either the Control Authority's or the POTW's, if different from the Control Authority's, exercise of its emergency authority to halt or prevent such a discharge. (2) Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by ninety (90) days or more after the schedule date. (3) Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, ninety (90) day compliance reports, and periodic compliance reports within thirty (30) days from the due date. (4) Failure to accurately report noncompliance. (5) Any other violation or group of violations that the Control Authority and/or POTW Director determines will adversely affect the operation or implementation of the local pretreatment program. Slug load, slug discharge or slug: Any discharge at a flow rate or concentration which has a reasonable potential to cause interference or pass through, or in any other way violates the POTW';i§\i; regulations, local limits, or industrial user permit conditions. This can include but is not limited to spills and other accidental discharges; discharges of a non-routine, episodic nature; a non-customary batch discharge; or any other discharges that can cause a violation of the prohibited discharge standards in §8-2113 of this ordinance. Standard Industrial Classification (SIC): A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987. Stormwater: Any flow occurring during or following any form of natural precipitation and resulting there from. Suspended solids: The total suspended matter that floats on the surface of, or is suspended in, water, waste water or other liquids, and which is removable by laboratory filtering. Toxic substances: Substances listed or defined as toxic in 15A NCAC 2B Section .0200. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Vehicle maintenance facility: Any commercial or industrial facility where automobiles, trucks, or equipment are serviced or maintained, including garages, service stations, repair shops, oil and lubrication shops, or similar establishments. Waste water: The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW. Waste water permit: As set forth in §8-2127 of this article. Waters of the State: All streams, rivers, brooks, swamps, sounds, tidal estuaries, bays, creeks, lakes, waterways, reservoirs and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. This article is gender neutral and the masculine gender shall include the feminine and vice-versa. "Shall" is mandatory; "may" is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. The following abbreviations, when used in this article, shall have the designated meanings: (1) BOD: Biochemical Oxygen Demand. (2) CFR: Code of Federal Regulations. (3) COD: Chemical Oxygen Demand. (4) EPA: Environmental Protection Agency. (5) gpd: Gallons per day. (6) l: Liter. (7) mg: Milligrams. (8) mg/l: Milligrams per liter. (9) G.S.: North Carolina General Statutes. (10) NPDES: National Pollutant Discharge Elimination System. (11) O & M: Operation and maintenance. (12) POTW: Publicly-owned treatment works. (13) RCRA: Resource Conservation and Recovery Act. (14) SIC: Standard Industrial Classification. (15) SWDA: Solid Waste Disposal Act. (16) TSS: Total suspended solids. (17) TN: Total Nitrogen. (18) U.S.C.: United States Code. (19) F.O.G.: Fats, Oils, Grease. (20) TP: Total Phosphorus. (Ord. No. 2011-981, §1, 12-6-11)

(a)General prohibitions. No person, user or consumer shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or waste water which causes interference or pass through. These general prohibitions apply to all users or consumers of a POTW whether or not the user or consumer is a significant industrial user or subject to any national, State, or local pretreatment standards or requirements. (b)Specific prohibitions. No person, user or consumer shall contribute or cause to be contributed into the POTW the following pollutants, substances, or waste water: (1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference [but in no case solids greater than one-quarter (¼) inch in any dimension]. (3) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; but in no case, concentrations greater than one hundred (100) mg/l. (4) Any waste water having a pH less than 5.0 or more than 12.0 or waste water having any other corrosive property capable of causing damage to the POTW or equipment. Any pH above 12.5 is considered hazardous under 40 CFR 261.22. (5) Any waste water containing pollutants, including oxygen-demanding pollutants, in sufficient quantity (flow and/or concentration), either singly or by interaction with other pollutants, to cause interference with the POTW. (6) Any waste water having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty-six (66) degrees Celsius), or which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case waste water which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius). (7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems. (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW Director in accordance with §8-2121 of this article. (9) Any noxious or malodorous liquids, gases, or solids or other waste water which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (10) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used. (11) Any waste water which imparts color which cannot be removed by the pretreatment process, including, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts sufficient color to the treatment plant's effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses. (12) Any waste water containing any radioactive wastes or isotopes except as specifically approved by the POTW Director in compliance with applicable State or Federal regulations. (13) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial waste water, unless specifically authorized by the POTW Director. (14) Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l, unless specifically authorized by the POTW Director. (15) Any sludges, screenings or other residues from the pretreatment of industrial wastes, unless specifically authorized by the POTW Director. (16) Any medical wastes, except as specifically authorized in the medical facility's Policy for Disposal of Medical Wastes after it has been approved by the POTW Director as an attachment to and as part of the medical facility's waste water discharge permit. (17) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal waste water system. (18) Any material that would be identified as hazardous waste according to 40 CFR Part 261 if not disposed of in a sewer except as may be specifically authorized by the POTW Director. (19) Any waste water causing the treatment plant effluent to violate State water quality standards for toxic substances as described in 15A NCAC 2B .0200. (20) Waste water causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (21) Recognizable portions of the human or animal anatomy. (22) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal waste water system. (23) At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five (5) per cent nor any single reading over ten (10) per cent of the lower explosive limit (LEL) of the meter. (24) Any type of paper product, other than toilet paper. (25) Any type of cloth, including diapers and wash cloths. (26) Any type of disposable diaper. (27) Any type of tobacco product, including cigarettes, cigars, chewing tobacco, and snuff. (28) Any type of condom. (29) Any type of personal hygiene product, including tampons, sanitary napkins, and towelettes. (30) Wood, debris, or wood product, including trees, limbs, roots, leaves, yard waste, grass clippings, or lumber. (31) Construction material, debris, or tools, including rocks, gravel, cement, concrete, masonry bricks or block, shovels, and hand tools. (32) Adhesives, glue, dye, or stones used in the manufacture of products. (33) Product containers, including boxes, bottles, cans, or buckets. (34) Appliances or parts of appliances. (35) Vehicles or parts of vehicles. (36) Rope, string, twine, thread, or similar materials. (37) Material made of fabric, including carpet, blankets, sheets, sleeping bags. (38) Trash bags, whether paper or plastic. (39) All other solids or liquids, other than wastes from the human body, that may accumulate in sewer pipes and cause or contribute to blockages. (c)Processing and storage of prohibitedpollutants, substances, etc. Pollutants, substances, waste water, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal waste water system. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the system. (d)Actions ofPOTW Directorupon determination of violation. When the POTW Director determines that a user(s) or consumer(s) is contributing to the POTW any of the substances enumerated in subsection (b) above in such amounts which may cause or contribute to interference of POTW operation or pass through, the POTW Director shall: (1) Advise the user(s) or consumer(s) of the potential impact of the contribution on the POTW in accordance with §8-2140.4 of this article; and (2) Take appropriate actions in accordance with Division 4 of this article for such user or consumer to protect the POTW from interference or pass through. (Ord. No. 2011-981, §1, 12-6-11)

Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471 which standards are incorporated herein. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in waste water, the POTW Director may impose equivalent concentration or mass limits consistent with the requirements set forth with 40 CFR 403.6(c). (2) When waste water subject to a categorical pretreatment standard is mixed with waste water not regulated by the same standard, the POTW Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e). (3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, consistent with the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard. (4) A user may obtain a net gross adjustment to a categorical standard consistent with the requirements set forth in 40 CFR 403.15. (5) A user may request a removal credit adjustment to a categorical pretreatment standard pursuant to the requirements set forth in 40 CFR 403.7. (Ord. No. 2011-981, §1, 12-6-11)

(a) An industrial waste survey is required prior to an industrial user, consumer, or other person discharging waste water containing in excess of the following daily average discharge limits. Industrial waste survey information will be used to develop user-specific local limits when necessary to ensure that the POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concern. User-specific local limits for appropriate pollutants of concern shall be included in waste water pretreatment permits. 0.005 mg/l antimony 0.005 mg/l arsenic 1.000 mg/l barium 0.005 mg/l beryllium 0.003 mg/l cadmium 0.050 mg/l chromium 0.038 mg/l copper 0.010 mg/l cyanide 1.000 mg/l iron 0.00875 mg/l lead 0.0001 mg/l mercury 0.005 mg/l molybdenum 0.005 mg/l nickel 0.005 mg/l selenium 0.010 mg/l silver 0.175 mg/l zinc 1.0 mg/l nitrate nitrogen 10 mg/l sulfide 55 mg/l sulfate 65 mg/l chloride 1.000 mg/l fluoride 1.000 ug/l phenolic compounds 300 mg/lBOD 250 mg/l TSS 20 mg/l NH3-N 5 mg/l PO4-P (b) Industrial user-specific local limits for appropriate pollutants of concern shall be included in waste water permits and are considered pretreatment standards. The POTW Director may impose mass limits in addition to, or in place of, the concentration-based limits above. (Ord. No. 2011-981, §1, 12-6-11)

State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this article. (Ord. No. 2011-981, §1, 12-6-11)

The City reserves the right to establish limitations and requirements which are more stringent than those required by either State or Federal regulation if deemed necessary to comply with the objectives presented in §8-2111 of this article or the general and specific prohibitions in §8-2113 of this article, as is allowed by 40 CFR 403.4. (Ord. No. 2011-981, §1, 12-6-11)

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the City or State. (Ord. No. 2011-981, §1, 12-6-11)

(a)Pretreatmentfacilities. Users shall provide waste water pretreatment as necessary to comply with this article and waste water permits issued under §8-2127 of this article and shall achieve compliance with all national categorical pretreatment standards, local limits, and the prohibitions set out in §8-2113 of this article within the time limitations as specified by the EPA, the State, or the POTW Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be approved by the POTW Director before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the POTW Director prior to the user's initiation of the changes. (b)Additionalpretreatmentmeasures. (1) Whenever deemed necessary, the POTW Director may require users to restrict their discharge during peak flow periods, designate that certain waste water be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article. (2) The POTW Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. A waste water discharge permit may be issued solely for flow equalization. (3) All food preparation or serving facilities and all vehicle maintenance facilities connected to the City's sanitary sewer system shall install, maintain, and keep in continuous operation a grease trap interceptor. The interceptor shall be sized in accordance with standards established by the Public Utilities Department. Food preparation or serving facilities and vehicle maintenance facilities shall maintain a written record of maintenance performed on the interceptor for a minimum of three (3) years and shall immediately produce that record upon the City's request. (4) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. No. 2011-981, §1, 12-6-11)

(a) The POTW Director shall evaluate whether each significant industrial user needs a plan or other action to control and prevent slug discharges. All SIUs must be evaluated within one year of being designated an SIU. The POTW Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the POTW Director may develop such a plan for any user. (b) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load. Also see §§8-2132 and 8-2133 of this article. (c) A slug control plan shall address, at a minimum, the following: (1) Description of discharge practices, including non-routine batch discharges; (2) Description of stored chemicals; (3) Procedures for immediately notifying the POTW Director of any accidental or slug discharge, as required by §8-2133 of this article; and (4) Procedures to prevent adverse impact from any slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. No. 2011-981, §1, 12-6-11)

(a) Septic tank waste may be introduced into the POTW only at locations designated by the POTW Director, and at such times as are established by the POTW Director. Such waste shall not violate Division 2 of this article or any other requirements established by the City. The POTW Director may require septic tank waste haulers to obtain waste water discharge permits. (b) The POTW Director shall require haulers of industrial waste to obtain waste water discharge permits. The POTW Director may require generators of hauled industrial waste to obtain waste water discharge permits. The POTW Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article. (c) Industrial waste haulers may discharge loads only at locations designated by the POTW Director. No load may be discharged without prior consent of the POTW Director. The POTW Director may collect samples of each hauled load to ensure compliance with applicable standards. The POTW Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge. (d) Industrial waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. (Ord. No. 2011-981, §1, 12-6-11)

(a) Grease and septage haulers must hold a permit issued by DENR to engage in the business activity for any person, consumer or user discharging waste water to the POTW. (b) Any person, consumer or user using a grease and septage hauler not holding a current and valid license issued by DENR is in violation of this article. (Ord. No. 2011-981, §1, 12-6-11)

(a) It is the purpose of this Division to provide for the recovery of costs from users of the City's waste water disposal system for the implementation of the program established herein. (b) The applicable charges or fees shall be set forth in the City's schedule of charges and fees. A copy of these charges and fees will be made available from the POTW Director. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2123.1. USER CHARGES. A user charge shall be levied on all users including, but not limited to, persons, firms, corporations or governmental entities that discharge, cause or permit the discharge of sewage into the POTW. (1) The user charge shall reflect, at a minimum, the cost to the City of debt service, and operation and maintenance costs (including, but not limited to, replacement costs) of the POTW. (2) Each user shall pay its proportionate share of cost based on the volume of the user's flow. (3) The POTW Director shall review annually the sewage contributions of users, the total costs of debt service, and operation and maintenance costs of the POTW (including, but not limited to, replacement costs) and shall make recommendations to the City Council for adjustments in the schedule of charges and fees as necessary. (4) The costs to the City for repair, remedial measures, and other costs caused by unlawful discharges of pollutants into the POTW. (Ord. No. 2011-981, §1, 12-6-11; Ord. No. 2012-42, §1, 5-1-12, eff. 7-1-12; Ord. No. 2012-49, §1, 5-14-12; Ord. No. 2013-179, §4, 4-16-13)

(a) All industrial users of the POTW are subject to industrial waste surcharges on discharges which exceed the following levels: (1) BOD greater than three hundred (300) mg/l and/or sixty-three (63) pounds. (2) COD greater than five hundred (500) mg/l and/or one hundred four (104) pounds. (3) TSS greater than two hundred fifty (250) mg/l and/or fifty-two (52) pounds. (4) TN greater than thirty (30) mg/l and/or six (6) pounds. (5) TP greater than five (5) mg/l and/or one (1) pound. (6) F.O.G. greater than three hundred (300) mg/l and/or sixty-three (63) pounds. (b) The amount of surcharge will be based upon the mass emission rate (in pounds per day) discharged above the levels listed above. The amount charged per pound of excess will be set forth in the schedule of charges and fees. (1) The volume of flow used in determining the total discharge of waste water for payment of user charges and surcharges shall be based on the following; a. Metered water consumption as shown in the records of meter readings maintained by the City; or b. If required by the City or at the individual discharger's option, other flow monitoring devices which measure the actual volume of waste water discharged to the sewer. Such devices shall be accessible and safely located, and the measuring system shall be installed in accordance with plans approved by the City. The metering system shall be installed and maintained at the user's expense according to arrangements that may be made with the City. c. Where any user procures all or part of his water supply from sources other than the City, the user shall install and maintain at his own expense a flow measuring device of a type approved by the City. (2) The character and concentration of the constituents of the waste water used in determining surcharges shall be determined by samples collected and analyzed by the City and/or industrial user. Samples shall be collected in such a manner as to be representative of the actual discharge and shall be analyzed using procedures set forth in §8-2137 of this article. (3) The determination of the character and concentration of the constituents of the waste water discharge by the POTW Director or his duly appointed representatives shall be binding as a basis for charges. (Ord. No. 2011-981, §1, 12-6-11)

The schedule of charges and fees adopted by the City may include charges and fees for: (1) Reimbursement of costs of setting up and operating the pretreatment program; (2) Monitoring, inspections and surveillance procedures; (3) Reviewing slug control plans, including accidental and/or slug load discharge procedures and construction plans and specifications; (4) Permitting; and other fees as the City may deem necessary to carry out the requirements of the pretreatment program. (5) Pretreatment permit fees, as established below, shall be collected either at the time of submittal of application for a new permit, a permit modification or permit renewal. Also, the annual administrative, sampling and inspection fee shall be paid to the City within thirty (30) days of receipt of the City invoice, else the permit and permission to discharge be rescinded. These fees shall be collected, in addition to any other user charges and fees required by City ordinances and resolutions. The fees shall be collected by the City Public Utilities Department as set forth in the Raleigh Water Fee Schedule. (Ord. No. 2011-981, §1, 12-6-11; Ord. No. 2019-968, §2, 6-10-19, eff. 7-1-19 ; Ord. No. 2020-96 , §20, 6-15-20, eff. 7-1-20)

It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the City. When requested by the POTW Director, a user must submit information on the nature and characteristics of its waste water within thirty (30) days of the request. The POTW Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. No. 2011-981, §1, 12-6-11)

All significant industrial users shall obtain a significant industrial user permit prior to the commencement of discharge to the POTW. Existing industrial users who are determined by the POTW Director to be significant industrial users shall obtain a significant industrial user permit within one hundred eighty (180) days of receiving notification of the POTW Director's determination. Industrial users who do not fit the significant industrial user criteria may, at the discretion of the POTW Director, be required to obtain a waste water discharge permit for non-significant industrial users. (1)Significant industrial userdetermination. All persons proposing to discharge non-domestic waste water, or proposing to change the volume or characteristics of an existing discharge of non-domestic waste water shall request from the POTW Director a significant industrial user determination. If the POTW Director determines or suspects that the proposed discharge fits the significant industrial user criteria he will require that a significant industrial user permit application be filed. (2)Significant industrial userpermit application. Users required to obtain a significant industrial user permit shall complete and file with the City an application in the form prescribed by the POTW Director, and accompanied by an application fee in the amount prescribed in the schedule of charges and fees. Significant industrial users shall apply for a significant industrial user permit within thirty (30) days after notification of the POTW Director's determination in subsection (1) above. The application shall include at a minimum the information required by 15A NCAC 02H 0.0916(c)(1)(A-M): a. Name of industrial user; b. Address of industrial user; c. Standard industrial classification (SIC) codes or expected classification and industrial user category; d. Waste water flow; e. Types and concentrations (or mass) of pollutants contained in the discharge including but not limited to those mentioned in Division 2 of this article, any of the priority pollutants (Section 307(a) of the Act) which the applicant knows or suspects are present in the discharge and any other pollutant of concern to the POTW; f. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, direction of flow and appurtenances by the size, location and elevation, and locations of discharge points; g. Description of products manufactured or services supplied and existing on-site pretreatment facilities; h. Raw materials used or stored at the site; i. Flow diagram or sewer map for the industrial user; j. Number of employees; k. Operation and production schedules; l. Description of current and projected waste reduction activities; m. Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or Federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards; n. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule: (i) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine (9) months. (ii) No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW Director including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the POTW Director. o. If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR 403.12(b) and 15A NCAC 2H .0908(a), as outlined in §8-2128 of this article; p. Any other information as may be deemed by the POTW Director to be necessary to evaluate the permit application. (3)Application signatories and certification. All waste water discharge permit applications and user reports must be signed by the current authorized representative of the user on file with the POTW Director and/or Municipality as defined in §8-2112 of this article and contain the following certification statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. (4)Application review and evaluation. The POTW Director will evaluate the data furnished by the user and may require additional information. a. The POTW Director is authorized to accept applications for the City and shall refer all applications to the POTW staff for review and evaluation. b. Within thirty (30) days of receipt the POTW Director shall acknowledge and accept the complete application; or if not complete, shall return the application to the applicant with a statement of what additional information is required. (5)Tentative determination and draft permit. a. The POTW staff shall conduct a review of the application and an onsite inspection of the significant industrial user, including any pretreatment facilities, and shall prepare a written evaluation and tentative determination to issue or deny the significant industrial user permit. b. If the staff's tentative determination in subsection (5)a. above is to issue the permit, the following additional determinations shall be made in writing: (i) proposed discharge limitations for those pollutants proposed to be limited; (ii) a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and (iii) a brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application. c. The staff shall organize the determinations made pursuant to subsections (5)a. and b. above and the City's general permit conditions into a significant industrial user permit. (6)Permit Supporting Documentation. The Control Authority staff shall prepare the following documents for all significant industrial user permits: a. An Allocation Table (AT) listing permit information for all significant industrial users, including but not limited to permit limits, permit effective and expiration dates, and a comparison of total permitted flows and loads with Division approved maximum allowable loadings of the POTW, including flow, on forms or in a format approved by the Division. The AT shall be updated as permits are issued or renewed, and as permits are modified where the permitted limits or other AT information is revised. b. The basis, or rationale, for the pretreatment limitations, including the following: (i) documentation of categorical determination, including documentation of any calculations used in applying categorical pretreatment standards; and (ii) documentation of the rationale of any parameters for which monitoring has been waived consistent with 40 CFR Part 403.12(e)(2). (7)Final action onsignificant industrial userpermit applications. a. The POTW Director shall take final action on all applications not later than ninety (90) days following receipt of a complete application. b. The POTW Director is authorized to: (i) issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this article and G.S. 143-215.1; (ii) issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements; (iii) modify, revoke and/or suspend any permit(s); (iv) deny a permit application when in the opinion of the POTW Director such discharge may cause or contribute to pass through or interference of the waste water treatment plant or where necessary to effectuate the purposes of G.S. 143-215.1. (8)Hearings. a.Initial adjudicatory hearing. An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a permittee/user assessed a civil penalty under §8-2140.5 of this article, or one issued an administrative order under §8-2140.4 of this article, including an order to suspend or terminate a user's discharge, shall have the right to an adjudicatory hearing before the POTW Director or other hearing officer appointed by the POTW Director upon making written demand, identifying the specific issues to be contested, to the POTW Director within thirty (30) days following receipt of the significant industrial user permit, civil penalty assessment, or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. The POTW Director shall make a final decision on the contested permit, penalty or order within forty-five (45) days of the receipt of the written demand for a hearing. The POTW Director shall transmit a copy of the decision by registered or certified mail. The terms and conditions of a permit under appeal shall be as follows: (i) New permits: Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. (ii) Renewed permits: Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. (iii) Terminated Permits: Upon appeal, including review in the General Courts of Justice, of a permit which has been suspended or terminated, the permit is in effect until either the conclusion of review or until the parties reach a mutual resolution except when the POTW Director has suspended or terminated the permit in accordance with the procedures established in 8-2140.4. b.Final appeal hearing. Any decision of the POTW Director made as a result of an adjudicatory hearing held under Section 2127(8)a. above may be appealed to the City Council upon filing a written demand within ten (10) days of receipt of notice of each decision(s). Hearings held under this section shall be conducted in accordance with the City of Raleigh procedures set forth in §10-2141. Failure to make written demand within the time specified herein shall bar further appeal. A final decision on the appeal shall be made within ninety (90) days of the date the appeal was filed and a written copy of the decision shall be transmitted by registered or certified mail. The decision is a final decision for the purposes of seeking review in the courts. c.Official record. When a final decision is issued under §8-2127(8)b. above, the City Council shall prepare an official record of the case that includes: (i) all notices, motion, and other like pleadings; (ii) a copy of all documentary evidence introduced; (iii) a certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken; (iv) a copy of the final decision of City Council. d.Review in the courts. Any person against whom a final order or decision of the City Council is entered, pursuant to the hearing conducted under §8-2127(8)b.(ii) above, may seek review of the order or decision by filing a written petition for review by the Superior Court of Wake County within thirty (30) days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the Superior Court of Wake County along with a copy to the City. Within thirty (30) days after receipt of the copy of the written Petition for Writ of Certiorari, or any other written request filed in the court, the City Council shall transmit to the reviewing court the original or a certified copy of the official record. (9)Permit modification. a. Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows: (i) changes in the ownership of the discharge when no other change in the permit is indicated; (ii) a single modification of any compliance schedule not in excess of four (4) months; (iii) modification of compliance schedules (construction schedules) in permits for new sources where the new schedule will not begin to discharge until control facilities are operational. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. b. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the waste water discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a waste water discharge permit as required by subsection §8-2127(2), the user shall apply for a waste water discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. c. A request for a modification by the permittee shall constitute a waiver of the sixty-day notice required by G.S. 143-215.1(b) for modifications. (10)Permit conditions. a. The POTW Director shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this article and G.S. 143-215.1. Waste water permits shall contain, but are not limited to, the following: (i) a statement of duration (in no case more than five (5) years); (ii) a statement of non-transferability; (iii) applicable effluent limits based on categorical standards or local limits or both; (iv) applicable monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and Local law; (v) requirements for notifying the POTW in the event of an accidental discharge or slug load as defined in 8-2112 of this article; (vi) requirements to implement a spill control plan or other controls for prevention of accidental discharges and/or slug loads as defined in 8-2112 of this article, if determined by the POTW Director to be necessary for the user; and (vii) requirements for immediately notifying the POTW of any changes at its facility affecting the potential for spills and other accidental discharges, or slug load as defined in 8-2112 of this article. Also see 8-2132 and 8-2133 of this article. (viii) a statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. b. In addition, permits may contain, but are not limited to, the following: (i) limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization; (ii) limits on the instantaneous, daily and/or monthly average and/or maximum concentration, mass, or other measure of identified waste water pollutants or properties; (iii) requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (iv) development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal waste water system; (v) the unit charge or schedule of user charges and fees for the management of the waste water discharged to the system; (vi) requirements for installation and maintenance of inspection and sampling facilities and equipment; (vii) specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules; (viii) requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within thirty (30) days where self-monitoring indicates a violation(s); (ix) compliance schedules for meeting pretreatment standards and requirements; (x) requirements for submission of periodic self-monitoring or special notification reports; (xi) requirements for maintaining and retaining plans and records relating to waste water discharges as specified in §8-2139.1 and affording the POTW Director, or his representatives, access thereto; (xii) requirements for prior notification and approval by the POTW Director of any new introduction of waste water pollutants or of any significant change in the volume or character of the waste water prior to introduction in the system; (xiii) requirements for the prior notification and approval by the POTW Director of any change in the manufacturing and/or pretreatment process used by the permittee; (xiv) a statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the terms of the permit; (xv) other conditions as deemed appropriate by the POTW Director to ensure compliance with this article, and State and Federal laws, rules, and regulations. (11)Permits duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. (12)Permit transfer. Waste water permits are issued to a specific user for a specific operation. A waste water discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. (13)Permit reissuance. A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with §8-2127 a minimum of one hundred eighty (180) days prior to the expiration of the existing permit. (Ord. No. 2011-981, §1, 12-6-11)

(a) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the POTW Director a report which contains the information listed in subsection (b) below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the POTW Director a report which contains the information listed in subsection (b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. (b) Users described above shall submit the information set forth below. (1)Identifying information. The name and address of the facility, including the name of the operator and owner. (2)Environmental permits. A list of any environmental control permits held by or for the facility. (3)Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. (4)Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e). (5)Measurement ofpollutants. a. The categorical pretreatment standards applicable to each regulated process. b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the POTW Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in §8-2137 of this article. c. Sampling must be performed in accordance with procedures set out in §8-2138 of this article and 40 CFR 403.12(b) and (g), including 40 CFR 403.12(g)(4). (6)Certification. A statement, reviewed by the user's current authorized representative as defined in 8-2112 of this article and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (7)Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in §8-2129 of this article. (8)Signature and certification. All baseline monitoring reports must be signed and certified in accordance with §8-2127(3) of this article. (Ord. No. 2011-981, §1, 12-6-11)

The following conditions shall apply to the compliance schedule required by §8-2128(b)(7) of this article. (1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); (2) No increment referred to above shall exceed nine (9) months; (3) The user shall submit a progress report to the POTW Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (4) In no event shall more than nine (9) months elapse between such progress reports to the POTW Director. (Ord. No. 2011-981, §1, 12-6-11)

Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of waste water into the POTW, any user subject to such pretreatment standards and requirements shall submit to the POTW Director a report containing the information described in §8-2128(b)(4) through (b)(6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with §8-2127(3) of this article. (Ord. No. 2011-981, §1, 12-6-11)

Municipalities may sample and analyze user discharges in lieu of or in addition to requiring the users to conduct sampling and analysis. (a) All significant industrial users shall, at a frequency determined by the POTW Director, but in no case less than once every six months, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the applicable flows for the reporting period. Sampling and analysis must be performed in accordance with procedures set out in §§8-2137 and 8-2138 of this article. All periodic compliance reports must be signed and certified in accordance with §8-2127(3) of this article. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the POTW Director, using the procedures prescribed in §§8-2137 and 8-2138 of this article, the results of this monitoring shall be included in the report. (Ord. No. 2011-981, §1, 12-6-11)

Each user must notify the POTW Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its waste water at least thirty (30) days before the change. The permittee shall not begin the changes until receiving written approval from the Control Authority. See §8-2133(d) of this article for other reporting requirements. (1) The POTW Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a waste water discharge permit application under §8-2127 of this article. (2) The POTW Director may issue a waste water discharge permit under §8-2127 of this article or modify an existing waste water discharge permit under §8-2127 of this article in response to changed conditions or anticipated changed conditions. (3) For purposes of this requirement, significant changes include, but are not limited to, flow or pollutant increases of twenty (20) per cent or greater, and the discharge of any previously unreported pollutants. (Ord. No. 2011-981, §1, 12-6-11)

(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in 8-2112 of this article, that may cause potential problems for the POTW, the user shall immediately telephone and notify the POTW Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (b) Within five (5) days following such discharge, the user shall, unless waived by the POTW Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article. (c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (a) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (d) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in §8-2112 of this article. (Ord. No. 2011-981, §1, 12-6-11)

All users not required to obtain a waste water discharge permit shall provide appropriate reports to the POTW Director as the POTW Director may require. All users classified as Non-Significant Categorical Industrial Users under §8-2112shall provide appropriate reports to the POTW Director as the POTW Director may require. At a minimum, this shall include the Annual Certification of continuing to meet the Non-Significant Categorical Industrial User criteria as required under 40 CFR 403.12(q). (Ord. No. 2011-981, §1, 12-6-11)

(a) If sampling performed by a user indicates a violation, the user must notify the POTW Director immediately and not less than within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW Director within thirty (30) days after becoming aware of the violation. If allowed by the [POTW Director}, the user is not required to resample: (i) if the POTW Director monitors at the user's facility at least once a month; or (ii) if the POTW Director samples between the user's initial sampling and when the user receives the results of this sampling. (Ord. No. 2011-981, §1, 12-6-11)

No industrial user shall discharge any hazardous wastes without notification to and approval by the POTW Director. (a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharge during the calendar month, and an estimation of the mass and concentration of such constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days before the discharge commences. The user shall not begin the discharge until receipt of written approval from the City. Any notification under this paragraph need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under §8-2132 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§8-2128, 8-2130, and 8-2131 of this article. (b) Dischargers are exempt from the requirements of subsection (a) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specific in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification. (c) In the case of any new regulation under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the POTW Director, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. (d) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued there under, or any applicable Federal or State law. (Ord. No. 2011-981, §1, 12-6-11)

All pollutant analyses, including sampling techniques, to be submitted as part of a waste water discharge permit application or report shall be performed by a laboratory certified by the State of North Carolina Laboratory Certification Program, and in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (Ord. No. 2011-981, §1, 12-6-11)

(a) All waste water samples must be representative of the user's discharge. Waste water monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (b) Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, volatile organic compounds, and any other pollutants as required by 40 CFR 136. The POTW shall determine the number of grabs necessary to be representative of the user's discharge. See 40 CFR 403.12(g)(5) for additional grab sample number requirements for BMR and 90 Day Compliance Reports. Additionally, the POTW Director may allow collection of multiple grabs during a 24 hour period which are composited prior to analysis as allowed under 40 CFR 136. (c) Composite Samples: All waste water composite samples shall be collected with a minimum of hourly aliquots or grabs for each hour that there is a discharge. All waste water composite samples shall be collected using flow proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the POTW Director. When authorizing time-proportional composites or grabs, the samples must be representative and the decision to allow the alternative sampling must be documented. (Ord. No. 2011-981, §1, 12-6-11)

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2139.1. RECORD KEEPING. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the POTW Director. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2139.2. GREASE INTERCEPTOR MAINTENANCE RECORDS. (a) Grease interceptor maintenance records must include the following information. 1. FSE - name and physical location. 2. Date and time of each grease interceptor service. 3. Name of grease interceptor service company. 4. Name and signature of person doing said service. 5. Established service frequency and type of service (Example Full pump out, partial pump out, on site treatment, etc.). 6. Number and size of each grease interceptor serviced. 7. Approximated amount, per best professional judgment, of grease and solids removed from each grease interceptor. 8. Total volume of waste removed from each grease interceptor. 9. Destination of removed wastes, food solids, and waste water disposal. (b) Maintenance records that do not include all the above information will be considered incomplete. Incomplete records are a violation of the City of Raleigh Sanitary Sewer Use Ordinance and may subject the facility to penalty assessments and/or service termination. (Ord. No. 2011-981, §1, 12-6-11)

(a) The City requires the user to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the Building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. (b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the City. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.1. INSPECTION AND SAMPLING. The City will inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where waste water is created and discharged shall allow the City, Approval Authority and the EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The City, Approval Authority, and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, Approval Authority and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the POTW Director's, City's, Approval Authority's, or the EPA's access to the user's premises shall be a violation of this article. Unreasonable delays may constitute denial of access. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.2. SEARCH WARRANTS. If the POTW Director, City, Approval Authority, or the EPA, has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the POTW Director, City, Approval Authority, or the EPA may seek issuance of a search warrant. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.3. CONFIDENTIAL INFORMATION. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. (b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, non-discharge permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Waste water constituents and characteristics will not be recognized as confidential information. (c) All records relating to compliance with pretreatment standards shall be made available to officials of the Approval Authority and the EPA upon request. (Ord. No. 2011-981, §1, 12-6-11)

Sec. 8-2140.4. ADMINISTRATIVE REMEDIES. (a)Notification of violation. Whenever the POTW Director finds that any industrial user, consumer or other person has violated or is violating this article, waste water permit, or any prohibition, limitation, or requirements contained therein or any other pretreatment requirement the POTW Director may serve upon such a person a written notice stating the nature of the violation. Within thirty (30) days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the City by the industrial user, consumer or other person. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation. (b)Consent orders. The POTW Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to §8-2140.4(d), below. (c)Show cause hearing. The POTW Director may order any industrial user, consumer or other person who causes or is responsible for an unauthorized discharge, has violated this article or is in noncompliance with a waste water discharge permit to show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines that a show cause order should be issued, a notice shall be served on the industrial user, consumer or other person specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the industrial user, consumer or other person show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation. The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under §8-2140.5 nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under §8-2127(8). (d)Administrative orders. When the POTW Director finds that an industrial user, consumer or other person has violated or continues to violate this article, permits or orders issued hereunder, or any other pretreatment requirement the POTW Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following: (1) Immediately comply with all requirements; (2) Comply in accordance with a compliance time schedule set forth in the order; (3) Take appropriate remedial or preventive action in the event of a continuing or threatened violation; (4) Disconnect, unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period. (e)Emergency suspensions. The POTW Director may suspend the waste water treatment service and/or waste water permit when such suspension is necessary in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or non-discharge permit. Any industrial user, consumer or other person notified of a suspension of the waste water treatment service and/or the waste water permit shall immediately stop or eliminate the contribution. A hearing will be held within fifteen (15) days of the notice of suspension to determine whether the suspension may be lifted or the industrial user's, consumer's or other person's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW Director shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW Director shall reinstate the waste water permit and the waste water treatment service upon proof of the elimination of the noncompliant discharge. The industrial user, consumer or other person shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the POTW Director prior to the date of the above described hearing. (f)Termination of permit or permission todischarge. The POTW Director may revoke any industrial user's, consumer';i§\i;, or other person's waste water discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons: (1) Failure to accurately report the waste water constituents and characteristics of his discharge; (2) Failure to report significant changes in operations, or waste water constituents and characteristics; (3) Refusal of reasonable access to the industrial user's, consumer's or other person's premises for the purpose of inspection or monitoring; or (4) Violation of conditions of the permit or permission to discharge, conditions of this article, or any applicable State and Federal regulations. Noncompliant industrial users, consumers or other persons will be notified of the proposed termination of their waste water permit and will be offered an opportunity to show cause under §8-2140.4 of this article why the proposed action should not be taken. (g)Investigative costs. The POTW Director may access the reasonable costs to the City of any investigation, inspection, or monitoring survey which revealed the violation against the person or business entity responsible for the violation. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.5. CIVIL PENALTIES. (a) Any user, consumer or other person who is found to have failed to comply with any provision of this article, or the orders, rules, regulations and permits issued hereunder, may be assessed a civil penalty of up to twenty-five thousand dollars ($25,000.00) per day per violation. (1) Penalties between ten thousand dollars ($10,000.00) and twenty-five thousand dollars ($25,000.00) per day per violation may be assessed against a violator only if: i. For any class of violation, only if a civil penalty has been imposed against the violator with in the five (5) years preceding the violation, or ii. In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this article, or the orders, rules, regulations and permits issued hereunder, only if the POTW Director determines that the violation was intentional and a civil penalty has been imposed against the violator within the five (5) years preceding the violation. (b) In determining the amount of the civil penalty, the POTW Director shall consider the following: (1) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with the pretreatment program; (8) The costs of enforcement to the City. (c) Appeals of civil penalties assessed in accordance with this section shall be as provided in §8-2127(8). (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.6. OTHER AVAILABLE REMEDIES. Remedies, in addition to those previously mentioned in this article, are available to the POTW Director who may use any single one (1) or combination against a noncompliant user, consumer or other person. Additional available remedies include, but are not limited to: (1)Criminal violations. The District Attorney may, at the request of the City, prosecute noncompliant users, consumers or other persons who violate provisions of G.S. 143-215.6B. [Note: Under North Carolina law, it is a crime to negligently violate any term, condition, or requirement of a pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local governments (G.S. 143-215.6B(f)), to knowingly and willfully violate any term, condition, or requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment permit, issued by local governments (G.S. 143-215.6B(g)), to knowingly violate any term, condition, or requirement of a pretreatment permit issued by local governments, or knowingly fail to apply for a pretreatment permit, knowing at the time that a person is placed in imminent danger of death or serious bodily injury (G.S. 143-215.6B(h)), and to falsify information required under Article 21 of Chapter 143 of the General Statutes (G.S. 143-215.6B(i)).] (2)Injunctive relief. Whenever a user, consumer or other person is in violation of the provisions of this article or an order or permit issued hereunder, the POTW Director, through the City Attorney, may petition the Superior Court of Justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question. (3)Water supply severance. Whenever an industrial user, consumer or other person is in violation of the provisions of this article or an order or permit issued hereunder, water service to the industrial user, consumer or other person may be severed and service will only recommence, at the user's, consumer's or other person's expense, after it has satisfactorily demonstrated ability to comply. (4)Public nuisances. Any violation of the prohibitions or effluent limitations of this article or of a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the POTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating, or remedying said nuisance. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.7. REMEDIES NONEXCLUSIVE. The remedies provided for in this article are not exclusive. The POTW Director may take any, all, or any combination of these actions against a noncompliant user, consumer or other person. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan. However, the POTW Director may take other action against any user, consumer or other person when the circumstances warrant. Further, the POTW Director is empowered to take more than one (1) enforcement action against any noncompliant user, consumer or other person. (Ord. No. 2011-981, §1, 12-6-11) Policy reference—City of Raleigh Enforcement Response Plan. Sec. 8-2140.8. ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE. At least annually, the POTW Director shall publish in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance, in 15A NCAC 2H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous twelve (12) months. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.9. UPSET. (a) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (b), below, are met. (b) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user an identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the POTW Director within twenty-four (24) hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5) days]: a. A description of the indirect discharge and cause of noncompliance; b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. (c) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (d) Users will have the opportunity for a determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (e) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.10. PROHIBITED DISCHARGE STANDARDS DEFENSE. (a) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §8-2113(a) of this article or the specific prohibitions in §§8-2113(b)(2), (3), (5) through (7), (9) through (23) of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES Permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (b) The references in §8-2140.10 refer only to specific prohibitions actually listed in the article; pursuant to 40 CFR Section 403.5(a)(2), the affirmative defense outlined in §8-2140.10 cannot apply to the specific prohibitions in §8-2113(b)(1), (4), and (8). (Ord. No. 2011-981, §1, 12-6-11) Sec. 8-2140.11. BYPASS. (a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (b) and (c) below. (b) (1) ;hg;If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW Director, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the POTW Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurence of the bypass. (c) (1) ;hg;Bypass is prohibited, and the POTW Director may take an enforcement action against a user for a bypass, unless a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The user submitted notices as required under subsection (b) above. (2) The POTW Director may approve an anticipated bypass, after considering its adverse effects, if the POTW Director determines that it will meet the three (3) conditions listed in subsection (c)(1) above. (Ord. No. 2011-981, §1, 12-6-11)

As used in this article, the following terms shall have the meanings provided in this section unless the context clearly indicates otherwise. Air-gap. A physical separation sufficient to prevent backflow between the free-flowing discharge end of the public water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one (1) inch. Auxiliary intake. Any piping connection or other device whereby water may be obtained from a source other than the City's public water supply. Auxiliary water supply. Any water other than the City of Raleigh's public water supply as defined herein; including, but not limited to recycled water, grey water, rain water, well water, cistern water, reuse water and any other water supply from water purveyors other than the City of Raleigh. Backflow. The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of the public water supply from any source other than its intended source. Backflow assembly. An inline testable and repairable mechanical valve arrangement used to protect the public water supply that meets or exceeds standards set forth by the University of Southern California for Cross Connection control and Hydraulic Research (USCFCCHR) and the American Society of Sanitary Engineering (ASSE) by being on the agency's approval list. A backflow assembly used on fire suppression systems must have the additional approval of the Factory Mutual (FM) and comply with the National Fire Protection Association (NFPA) code. Backflow device. A mechanical backflow assembly without shut-off valves or test cocks and that is not testable after installation. Backpressure. A condition in which an owner's water supply system pressure is greater than the public water supply system pressure. Backsiphonage. The flow of water or other liquids, mixtures or substances into the distribution pipes of the public water supply system from any source other than its intended source caused by the sudden reduction of pressure in the public water supply system. Building Story. A building story is equal to 10' for the purpose of this article. Certified tester. A person who has proven his/her competency to test and make reports on backflow assemblies as evidenced by certification of successful completion of a training program approved by the Raleigh Director of Public Utilities or his designee. Containment assembly. A backflow assembly, installed at the point of separation between the public water supply and a private service or private distribution system or at the point of metering. Containment protection. A containment assembly installed at the point of separation between the public water supply and a private service or private distribution system or at the point of metering. Cross-connection. Any actual or potential connection between the public water supply and a source of contamination or pollution. Cross-connection control coordinator. The official position established and authorized by the City and designated by the Raleigh Director of Public Utilities to administer, interpret this section and who shall be a certified tester and may serve as Operator in Responsible Charge as recognized by North Carolina Department of Environmental and Natural Resources 15A NCAC 18D .0701. Double check valve assembly (DCVA). A type of backflow assembly manufactured pursuant to ASSE Standard 1015. Dual check valve. A type of backflow device manufactured pursuant to ASSE Standard 1024. Fire line. A system of pipes and equipment used to supply water in an emergency for extinguishing fire. Interconnection. Any system of piping or other arrangement whereby the public water supply is connected directly to a sewer, drain, conduit, pool, heat exchanger, storage reservoir, or other device which does or may contain sewage or other waste or substance which would be capable of imparting contamination to the public water supply. Isolation assembly. A backflow assembly required by the North Carolina Plumbing Code that is installed within a private plumbing or distribution system to isolate a localized hazard from the remainder of the private system. Moderate Hazard. A cross-connection or potential cross-connection involving any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable if introduced into the public water supply. Owner. Any person who has legal title to, or license to operate or inhabit, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present. Public water supply. The water and waterworks system of the City of Raleigh and its customers outside the corporate limits, for general use as potable water and which is recognized as a public water supply by the North Carolina Department of Environment and Natural Resources as system number 03-92-010. Reduced pressure zone principle backflow prevention assembly (RPZ). A type of backflow assembly manufactured pursuant to ASSE Standard 1013. Severe hazard. A cross-connection or potential cross-connection involving any substance that could, if introduced into the public water supply, cause death or illness, spread disease, or have a high probability of causing such effects. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2018-874, §1, 9-18-18 )

The City of Raleigh will comply with the Federal Safe Drinking Water Act, the North Carolina Drinking Water Act, and North Carolina State Building Code, which pertain to cross-connections, auxiliary intakes and interconnections, and establish an effective ongoing program to control potential sources of contamination of the public water supply. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

It shall be unlawful for any person to cause a cross-connection, auxiliary intake, or interconnection to be made within the City's public water supply; or to allow one to exist for any purpose whatsoever. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

It shall be the duty, upon request of the Raleigh Director of Public Utilities or his designee, of the cross connection coordinator to cause inspections to be made of properties served by the public water supply where cross-connections with the public water supply are deemed possible. The frequency of inspections and reinspections shall be set by the Raleigh Director of Public Utilities or his designee. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

The Raleigh Director of Public Utilities or his designee shall have the right to enter, at reasonable times, any nonresidential property served by a connection to the Raleigh public water supply for the purpose of performing the duties of this article. In those cases in which the owner chooses not to provide such access, the Raleigh Director of Public Utilities or his designee may classify the location as a severe hazard in accordance with §8-2147. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

Any owner that is subject to the requirements of this articleshall be allowed ninety (90) days to correct any cross-connections, auxiliary intakes, interconnections or other hazard as defined by §8-2147 or other connection as defined in §8-2148 of this Code in violation of the provisions of this article. The ninety (90) days will be from the date of receipt of the notification in accordance with §8-2151. Notwithstanding the requirements of this section, if the Raleigh Director of Public Utilities or his designee determines that there is an imminent threat to the public water supply; water service may be discontinued until such violations are corrected. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

(a) The followingshall be classified as severe hazards: (1) Severe hazards include, but are not limited to: pumps, tanks or any other container for conveying, storing or otherwise handling sewage, radioactive, lethal, or toxic substances, boiler and steam connections, sewer waste lines, low inlets to receptacles containing toxic substances, coils or jackets used as heat exchangers, bacterial and viral materials, private wells or other private water supply, irrigation systems, water systems or hose connections, with booster pumps such as fire department connections (FDC) and private hydrants used in conjunction with FDC's, carbonation equipment, or similar severe hazard potential as determined by the cross connection coordinator. (2) Any location at which the nature or mode of operation within a structure are such that frequent alterations are made to the plumbing or at which there is a likelihood in the determination of the cross connection coordinator that protective measures may be subverted, altered, or disconnected. (3) Any structure which contains, but is not limited to, a bottling plant, cannery, five (5) or more building stories, battery manufacturer, exterminator, lawn care companies, greenhouse, chemical processing plant, dairy, dye works, film laboratory, car wash, hospital, other medical facilities including psychology and psychiatric offices that administer medications, commercial laboratory, laundries, tattoo parlor, metal fabricating operation, mortuary, swimming pool, morgue, x-ray equipment, medical office with laboratory, aspirator, medical washing equipment, packing house, plating plant, poultry house, power plant, nuclear reactor, those fire sprinkler systems equipped with facilities for introduction of freeze preventive chemicals or other substances other than water, dental office, any radioactive material, restaurant, shopping mall with a tenant conducting any activity listed in this section and sewage pump or treatment facilities. (b) All installations classified as severe hazards pursuant to §8-2147(a) above must have a containment assembly in the form of a reduced pressure zone backflow assembly installed pursuant to §8-2149 of this Code. (c) Exemption. The owner of a property that was developed before February 21, 2015 and that is approved for mixed uses but who agrees in writing to use the property only for uses that do not present a severe hazard may apply to the Raleigh Director of Public Utilities or his designee for an exemption to install a reduced pressure zone backflow assembly as required by §8-2147(b) above. An application for an exemption shall be made pursuant to the procedures set forth in the Raleigh Public Utilities Handbook. In the event that such exemption is approved, the owner shall install a containment assembly pursuant to the procedures established in the Raleigh Public Utilities Handbook and shall comply with all conditions of the approval of such exemption. Any exemption from the requirement to install a reduced pressure zone backflow assembly that is granted to an applicant shall be in effect only as long as the property is used for the purposes described in the application for exemption. If any conditions or uses of the property for which an exemption is granted change, the owner of the property shall re-apply for an exemption pursuant to this §8-2147(c). (d) Any person who fills any tank or tanker from the public water supply shall have an approved reduced pressure backflow assembly properly installed on the tank or tanker and an air gap. Tank or tankers include but are not limited to the following: those containing pesticides, fertilizers, or other toxic chemicals or their residues, flush trucks, street sweepers, and nonpotable water tankers. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2018-874, §2, 9-18-18 )

(a)Residential uses. Single service connections that serve no more than two dwelling units, not otherwise required by this Code to have other containment assemblies, shall have a containment device in the form of an approved dual check valve. Maintenance of dual check valve containment devices installed in accordance with this section shall be conducted by the Department of Public Utilities. (b)Moderate Hazards. All other connections to the public water supply of the City of Raleigh not deemed a severe hazard under §8-2147 or addressed in §8-2148(a) shall be classified as moderate hazards and shall have containment assemblies in the form of a double check valve assembly installed pursuant to §8-2149 of this Code. This shall include water mains installed to City standards, and with City supervision, but which are not maintained by the City, pursuant to §8-2007, including but not limited to manufactured home developments, apartments and townhouses, group living developments, and other private distribution systems, or similar hazard potential as determined by the Raleigh Director of Public Utilities or his designee. (c)Exemption. (1) Residential service line connections that (i) are 2" in diameter or smaller, (ii) are not otherwise required by this Code to have other containment assemblies, and (iii) were installed prior to February 21, 2015 are eligible for an exemption from the requirement to install a double check valve assembly as required by §8-2148(b) above. Property owners who meet the standards above may apply to the Raleigh Director of Public Utilities or his designee for an exemption to install a double check valve assembly pursuant to the procedures established in the Raleigh Public Utilities Handbook. If an exemption is approved, the owner shall install an approved dual check valve pursuant to the procedures established in the Raleigh Public Utilities Handbook and shall comply with all conditions of the approval of such exemption. Any exemption from the requirement to install a containment assembly that is granted to an owner shall be in effect only as long as the property is used for the purposes described in the application for exemption. If any conditions or uses of the property for which an exemption is granted change, the owner of the property shall re-apply for an exemption pursuant to this §8-2148(c). Following installation, maintenance of the dual check valve containment devices installed in accordance with this section will be the responsibility of the Department of Public Utilities. (2) The owner of a commercial or institutional property that was approved for development before February 21, 2015 and that is supplied by only one service line connection for domestic purposes may apply to the Raleigh Director of Public Utilities or his designee for an exemption to install a double check valve assembly as required in §8-2148(b) above pursuant to the procedures established in the Raleigh Public Utilities Handbook. An application for an exemption shall be made pursuant to the procedures set forth in the Raleigh Public Utilities Handbook. In the event that such exemption is approved, the owner shall install an approved dual check valve pursuant to the procedures established in the Raleigh Public Utilities Handbook and shall comply with all conditions of the approval of such exemption. Any exemption from the requirement to install a containment assembly that is granted to an applicant shall be in effect only as long as the property is used for the purposes described in the application for exemption. If any conditions or uses of the property for which an exemption is granted change, the owner of the property shall re-apply for an exemption pursuant to this §8-2148(c). ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2018-874, §3, 9-18-18 )

(a) Containment assemblies shall be installed pursuant to City standards as set forth in this Article, the Raleigh Public Utilities Handbook, and the North Carolina Plumbing and Fire Codes. (b) In those cases in which any containment assembly was installed by a prior owner, the City, or any other person, the responsibility for maintenance, testing, and replacement as applicable shall be with the currentowner. (c) The cost of any containment assembly, and any other plumbing modifications necessary and convenient to install a containment assembly, and the testing and maintenance thereof, shall be paid for by theowner. (d) Any containment assembly that has not been installed prior to February 21, 2015 in accordance with this §8-2149 and whose location does not pose an imminent severe hazard to the public water supply shall be considered pre-existing and compliant with this Article. However, any pre-existing, compliant approved backflow assembly will be allowed to remain only in its original location and must be repaired with approved parts. If the containment assembly is removed or repaired with parts that are not approved, then such containment assembly shall no longer be considered pre-existing and compliant and shall be replaced with an containment assembly pursuant to this §8-2149. (e) Private distribution systems shall have a master meter and a master backflow assembly at each connection to the public water supply. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2018-874, §5, 9-18-18 )

All buildings proposing to connect to the public water system of the City of Raleigh receiving building permits, on or after the effective date of this article, shall be equipped with a containment assembly and tested as properly functioning as prescribed herein, prior to the issuance of a certificate of code compliance for that building. If a building permit was issued for the building prior to the original effective date, September 30, 1987, of the article, or a building permit was not required, the building shall be considered to be an existing building prior to the original effective date, in accordance with §8-2146 of this Code. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2018-874, §6, 9-18-18 )

Upon identification of any hazard or hazard potential, as defined in §8-2147 through §8-2148 of this code, the cross connection coordinator shall notify the owner of the property on which the hazard exists, of the following: (a) Location of hazard; (b) Nature of hazard observed; (c) Date hazard observed; (d) Section of Code applicable; (e) Requirements of Code. All notices required by this article shall be delivered by hand-delivery to the owner or by certified mail to the owner's last known address. When service is made by certified mail, a copy of the notice may also be sent by regular U.S. Mail. Service shall be deemed sufficient if the notice sent by regular U.S. Mail is not returned by the U.S. Post office seven (7) days after mailing. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

The Raleigh Department of Public Utilities shall be notified by the owner when the nature of use of the property changes so as to change the hazard classification of that property, as set forth in §8-2147 through §8-2148 of this Code. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

(a) The owner shall, upon notification pursuant to §8-2151 of this article, install an containment assembly as required by this article within ninety (90) days from the date of notification except those owners of properties with a cross-connection, auxiliary intake, interconnection or severe hazard as defined by §8-2147 that poses an imminent health hazard shall install any required containment assembly immediately. (b) If any required containment assembly has not been installed in conformance with standards set by this article and the Raleigh Public Utilities Handbook and within the timeframe set forth in the notification issued pursuant to §8-2151 of this article, the Raleigh Director of Public Utilities or his designee may discontinue the public water service at that property, and service shall not be restored until any required containment assembly has been installed. Except at properties where there is an imminent health hazard, an owner may apply to the Raleigh Director of Public Utilities or his designee for an extension of the time for compliance pursuant to the procedures set forth in the Raleigh Public Utilities Handbook. In the event the Raleigh Director of Public Utilities or his designee grants an extension of the time to comply, the person who is granted the extension shall indemnify and hold harmless the City from any harm or damages that may result from such person's failure to install any required containment assembly as required by this article. (c) The Cityshall bear no liability for direct or consequential damages proximately caused by the discontinuance of service pursuant to this section. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 )

(a) The owner at a property where any containment assembly has been installed, except those with devices installed in accordance with §8-2148(a) of this Code, shall have each containment assembly tested by a certified tester and pursuant to the Raleigh Public Utilities Handbook; shall cause any routine maintenance to such containment assembly to be performed as recommended by the manufacturer; and shallcause a report regarding that operational test to be submitted to the City pursuant to §8-2154(b) no later than fifteen (15) days following any testing event. Testing must be performed with equipment approved by the City of Raleigh. The owner shall cause such maintenance or repairs to be made, rendering the containment assembly fully operational. Failure of the owner to perform that testing and maintenance shall be cause for the premises to be deemed an immediate public health hazard. The Raleigh Director of Public Utilities may immediately thereafter discontinue public water supply service to that premises and service shall not be restored until all containment assemblies have been tested and the test demonstrates that the assemblies are fully operational. Where the use of water is critical to the continuance of normal operations or protection of life, property, or equipment, duplicate containment assemblies shall be provided by the owner to avoid the necessity of discontinuing water service to test or repair the containment assembly or assemblies. (b) Any certified tester who performs an operational test on any containment assembly connected to the City's public water supply shall file a report regarding the results of that operational test using the City's designated electronic reporting system managed by the currently contracted vendor as published at www.raleighnc.gov. Certified testers shall supply all testing information required by the designated electronic reporting system to included, but not limited to, test values for containment assembly, size, make, model, serial number and location of containment assembly, name and address of owner as recorded on notice, premise number for fire services, meter number for domestic and irrigation services, and Wake County PIN number for containment assemblies on private distribution and fire sprinkler systems. The fee for any report filed using the electronic reporting system shall be as set forth in the Raleigh Water Fee Schedule. In addition, certified testers shall comply with all requirements of this code and the Raleigh Public Utilities Handbook. Failure to comply may result in revocation of certified tester status pursuant to the Raleigh Public Utilities Handbook. (c) Records of any containment assembly inspection, test and maintenance shall be maintained on the owner's property for a minimum of three (3) yearsfollowing the date of any inspection, test and maintenance. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2015-491, §1, 10-7-15, eff. 10-12-15 ; Ord. No. 2020-96 , §21, 6-15-20, eff. 7-1-20)

(a) Whenever the Raleigh Director of Public Utilities or his designee finds that any person has violated or is violating this article or any permit, regulation, standard, rule or order adopted in furtherance of this article, the Raleigh Director of Public Utilities or his designee may serve upon such a person a written notice stating the nature of the violation. If requested by the Raleigh Director of Public Utilities or his designee, a plan for the satisfactory correction thereof shall be submitted to the Raleigh Director of Public Utilities or his designee within the time frame specified in the enforcement policy adopted in accordance with subsection (e) below. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. In the event of an emergency that requires the City to take immediate action to correct the violation, the City is not required to provide an opportunity for the violator to correct the violations and may assess penalties and costs pursuant to this section without prior notice. (b) Any person who is found to have failed to comply with any provision of this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, shall be subject to a civil penalty of: (1) one hundred dollars ($100.00) per month per violation of any containment backflow testing requirement of this Code. (2) one hundred dollars ($100.00) per day per violation of any requirement of this Code. (3) fifteen hundred dollars ($1500) per day per violation of any requirement of this Code that results in actual or potential harm to public health or safety. The notice of the civil penalty assessment shall be issued in writing and shall set forth with reasonable care the basis of the civil penalty and any administrative costs and the costs to the City of rectifying the noncompliance that are assessed. Any person violating any section of this article must pay to the City all expenses incurred by the City in repairing any damage to the utility system caused in whole or in part by such violation and any expense incurred by the City in investigating such violation. (c) The Raleigh Director of Public Utilities shall maintain an enforcement policy to implement this section which shall be submitted to the City Council for approval. (d) From and after the expiration of the time period specified in the notice of violation issued pursuant to subsection (a) above of this section for correcting a violation of this article, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (e) Any appeal from a notice of violation or civil penalty assessment shall be made in writing to the Raleigh Director of Public Utilities within thirty (30) days of receipt of the notice of violation or civil penalty assessment issued pursuant to subsection (a) above of this Code. The Raleigh Director of Public Utilities shall use all reasonable efforts to notify the appellant in writing of his or her decision within sixty (60) days of receipt of the notice of appeal pursuant to the enforcement policy adopted pursuant to subsection (c) above of this section. (f) All notices required by this subsection may be served by certified mail or hand-delivery to the violator; certified mail or hand-delivery to the owner of the property in violation; or posting the notice at the property in violation. When service is made by certified mail, a copy of the notice may also be sent by First Class U.S. Mail. Service shall be deemed sufficient if the notice sent by First Class U.S. Mail is not returned by the U.S. Post office seven (7) days after mailing. (g) If payment is not received or equitable settlement reached after thirty (30) days after demand for payment is first made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of the penalty. If payment is not received or equitable settlement has not been reached within the specified time period, the City may interrupt water and sewer service to the property until such time that payment is received or equitable settlement has been reached. (h) Any person who violates any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or who undertakes or continues any alteration, extension or construction of the utility system or part thereof without first obtaining a permit or written permission or who undertakes or continues any alteration, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both shall be guilty of a misdemeanor punishable by imprisonment to the maximum number of days prescribed by law. (i) Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate any of the provisions of this article, or any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or is undertaking or continuing any alteration, extension and construction of the utility system without first obtaining a permit or written permission, or is undertaking or continuing any alterations, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both, the City may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Code. The terms "undertakes" or "undertaking" as used in this section means the initiating of or continuing of or being financially responsible for any activity or phase of activity which results in the extension, construction, or alteration of any part of the utility system of the City. (j) The penalties and enforcement provisions established by this article may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. The remedies provided for in this article are not exclusive. The Raleigh Director of Public Utilities or his designee may take any, all, or any combination of these actions against a violator. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ; Ord. No. 2018-874, §4, 9-18-18 )

The Cityshall not be held liable, for any cause, for failure to detect any containment assembly failing to operate adequately, or failure to identify any specific hazard, which may result in contamination of its public water supply, nor shall this article diminish the responsibility of any owner from whose property a contamination of the public water supply may originate. ( Ord. No. 2015-397, §1, 2-16-15, eff. 2-21-15 ) Secs. 8-2157—8-2160. RESERVED.

It is the purpose and intent of this article to assure that available water resources are put to reasonable beneficial uses to avoid depletion of the City water supply during a water shortage and to ensure that demand does not exceed the City's capacity for water treatment and distribution. This article shall be liberally construed to implement such purpose and intent. (Ord. No. 2007-235, §1, 5-15-07)

The objectives of the Water Conservation policy are to establish a program that will educate consumers of the importance of water conservation, set goals for reduction of water use on a day to day basis and during times of drought, and reduce per capita water consumption in a manner that is fair and equitable to all consumers/users. (Ord. No. 2007-235, §1, 5-15-07)

As used in this article, the following terms shall have the meanings provided in this section unless the context clearly indicates otherwise. Add-on device. A device utilized in combination with a programmable timer to measure local weather conditions such as rain, temperature, soil conditions and/or evapotranspiration, and will have the capability, at a minimum, to be installed as an interrupt-type device on the common and/or control wires for the controller. Such device will serve as a secondary shut-off device to assist in optimal watering conditions due to current climate conditions. Approved (or approval). Approved or approval means certified in writing by the Raleigh Director of Public Utilities as an acceptable water conservation device, program or methodology for the purpose of water conservation. Audit results. Licensed irrigation contractors will use the Landscape Worksheet provided by the Irrigation Association and submit this documentation to the City of Raleigh within two weeks of the irrigation audit's completion. Available water supply. The total amount of water that is available to the City in the water supply pool(s). The U.S. Army Corps of Engineers will determine this amount for Falls Lake once the water level in Falls Lake drops below two hundred fifty-one and one-half (251.5) feet Mean Sea Level. Automatic spray irrigation system. Any installed irrigation system that can be programmed to operate during certain times and/or conditions and which is connect to the City's public water supply system. Best Management Practice (BMP). A management practice that is designed to reduce water usage and protect water quality. Certified conservation user. A certified conservation user is a consumer who complies with the City of Raleigh Water Conservation Program. City.City in this article means the City of Raleigh. City reuse water. Effluent water from City facilities, including the City E.M. Johnson Water Treatment Plant, Smith Creek Wastewater Treatment Plant, Little Creek Wastewater Treatment Plant and/or Neuse River Wastewater Treatment Plant, which meets or exceeds the minimum quality requirements of the current North Carolina Reuse and Reclaimed Water Quality Standards. Conservation (or conserve). Conservation or conserve means any beneficial reduction in water loss, waste, or use. Conservation device. An approved water conservation device, properly installed within a private plumbing or distribution system, to improve water use efficiency within the City water supply system. Conservation program. A program that identifies the uses of water within residential users, industry groups, commercial and/or industrial applications, which focuses on BMPs to reduce the consumption of water. The program will be submitted to Public Utilities for review and approval. Each conservation program should be updated as required by the Raleigh Director of Public Utilities. All certified conservation users should be publicly recognized as water savers. Consumer. Any person, business, corporation, institution, resident or industry responsible for any property at which water from the City of Raleigh public water supply is received. In the absence of other parties or the failure of other parties to accept the responsibilities herein set forth, the owner of record of the real property shall be ultimately responsible. Distribution Uniformity (DU). LQ V LQ = average of the lowest twenty-five (25) per cent (lower quarter) of catch cans measurements, ml. V avg = average all catch cans, ml. Distribution uniformity as measured by the low quarter distribution (DULQ) is a common measurement of efficiency. This distribution uniformity is determined by the following: Evapotranspiration (ET) sensor. A sensor that reads current, local ET data from a server and then adjusts the irrigation system's run-times accordingly. Hand held hose. Any hose that is connected to the City's public water supply system and held in the hand during irrigation use. Hose end sprinkler. An irrigation device that is connected to the City's public water supply system and is not designed to be held in the hand during use. Examples are: single stream, multi-stream, and impact type sprinklers. Hydrant meter. A water meter specifically designed, fabricated and leased from the Raleigh Department of Public Utilities for consumers to purchase water from the City from fire hydrants in accordance with the City's Hydrant Meter Program. Irrigation audit. The licensed irrigation contractor will follow the guidelines set forth by the Irrigation Association's (IA) Irrigation Audit Guidelines (found in the Public Utilities Handbook) to conduct an irrigation audit. The overall system must maintain a distribution uniformity (DU) of no less than fifty (50) per cent, and the results of said audit must be submitted to the City for approval in the format provided by the Irrigation Association. The auditor should inspect the installation of the backflow prevention assembly, main line, laterals, valves, sprinkler heads, drip/micro-irrigation equipment, control wire, controller, rain sensor, timer or controller and any other water conserving devices, and should assure that the intent of the irrigation designer or consultant has been preserved. In addition, the audit shall also verify the installation of specified water management devices such as a rain shutoff device and/or soil moisture sensors. Finally, the irrigation schedule shall be evaluated to assure that the irrigation system meets the supplemental water needs of the plants without wasting water. Systems which fail to meet the standards of the audit will have a period of two (2) weeks to correct the problem or result in having their irrigation service interrupted. Irrigation system. Set of components which may include a hose, piping, fittings, sprinklers, drip tubing, valves, and control wiring connected to a water source or water distribution network which is used to apply water to residential or commercial lawns, landscapes or other areas. Licensed irrigation contractor. A licensed irrigation contractor is an irrigation professional, who has met a set of minimum standards specified by the North Carolina Irrigation Contractors' Licensing Board under Chapter 89G of the North Carolina General Statutes. Major water user. A water customer who uses one hundred thousand (100,000) gallons per day (GPD) or more per account as determined on either an annual or an average day during the City seasonal water demand period. Non-automatic spray irrigation system. Any installed irrigation system that is connected to the City's public water supply system and which is operated manually. On-site reuse water. On-site reuse water is effluent water from an individual on-site wastewater system which meets or exceeds the minimum requirements of the current North Carolina Reuse and Reclaimed Water Quality Standards. Potable water. Potable water is the water from the public water supply system of the City which meets or exceeds the minimum requirements of the current Federal and North Carolina Safe Drinking Water Act. Programmable timer. An automatic timing device, connected either wired or wireless to remotely control valves and irrigation heads according to a set irrigation schedule. An approved timer must: (a) have the ability to program mandatory watering restrictions to include days and times; (b) register run-times as low as one-minute increments; and (c) be connected to an approved water conservation add-on device which will block the operation of the system if irrigation is unnecessary. Projection period. The remaining number of days in the calendar year from the date of the water supply projection, plus sixty (60) days. Public water supply. The water supply of the City, and its customers for general use and which supply is recognized as the public water supply of the City by the North Carolina Department of Environment and Natural Resources. Rain sensor (RS) or rain shut-off device or rain switch. A device designed to interrupt an automatic irrigation system's cycle during periods of rain. Approved rain sensors, rain shut-off, or rain switch will be designed to shut off after one-fourth (¼) of an inch of rain has fallen, and be at least five (5) feet from a house or building. Reuse water.City reuse water and/or on-site reuse water. Root zone (RZ). The depth of the soil from which the crop roots extract water and nutrients. Run-times (RT). The operating time of an irrigation zone for a single irrigation cycle. Seasonal demand period. The period of time from April 1st through November 30th. Smart controller. Smart controllers estimate or measure the available soil moisture, rainfall, wind, slope, soil, plant type, temperature (and more) of local conditions to operate an irrigation system, replenishing water as needed while maximizing water efficiency. A properly programmed smart controller requires initial site specific set-up and will make irrigation schedule adjustments, including run times and required cycles, throughout the irrigation season without human intervention. Approved systems will include a programmable irrigation controller and a weather based controller. Soil moisture sensor (SMS). A device which is either wired or connecting to the program controller to override an irrigation system's cycle when there is a determined level of moisture within the soil. The Irrigation Association® (IA). A specific non-profit organization established to improve the products and practices used to manage water resources and to help shape the worldwide business environment of the irrigation industry. The IA has developed irrigation certification, audit guidelines and audit result worksheets to facilitate sustainable water management. Water conservation device. An approved water conservation device, properly installed to improve water use efficiency within the irrigation system. These devices include: rain shutoff device, soil moisture sensors, weather stations, high-wind shutoff device, freeze protection devices, flow meter with totalizer, automated control system, matched precipitation rate nozzles, flow control nozzles, pressure regulators, multi-stream rotating nozzles, high flow shut-offs, and drip and micro- irrigation technologies. Water demand average. The average daily amount of water pumped from the City water plant(s) for the previous thirty (30) day period. Water shortage. A "water shortage" shall exist when the demands and requirements of water customers served by the City cannot be satisfied without depleting the water supply to or below a critical level, the level at which the continued availability of water for human consumption, sanitation and fire protection is jeopardized. Water Shortage Response Plan. A document which establishes authority for declaration of a water shortage, defines different stages of water shortage severity, and outlines appropriate responses for each stage. Weather-based sensor. A sensor that measures local weather conditions such as rain, temperature, soil conditions and/or evapotranspiration. The City Code requires each system to incorporate two (2) sensors, each monitoring a separate weather characteristic, to be used as an add-on device to suspend irrigation cycles when watering is deemed unnecessary by the conditions of the sensor. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2010-704, §§1, 2, 2-16-10, eff. 7-1-10; Ord. No. 2011-982, §1, 12-6-11; Ord. No. 2014-262, §§40, 51(1), 1-21-14, eff. 1-26-14)

The City will comply with the Federal Safe Drinking Water Act, the North Carolina Drinking Water Act, and North Carolina State Building Code, which pertain to water conservation and establish an effective on-going program to control use of public water supply. (Ord. No. 2007-235, §1, 5-15-07)

It shall be unlawful for any for any person to use water in violation of this Article or any of the mandatory water use restriction ordinances approved by the Raleigh City Council. It shall also be unlawful for any person to use potable water from the public water system, if reuse water from the City reuse water supply system is equally available to the same location and the water use does not require potable water quality. (Ord. No. 2007-235, §1, 5-15-07)

It shall be the duty, upon request of the Raleigh Director of Public Utilities, for designated Public Utilities Department staff to observe and determine if the uses of water by Raleigh water supply system customers are compliant with the provisions of this article. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

The Raleigh Director of Public Utilities, or designated staff, shall have the right to enter, at a reasonable time, any property served by a connection to the City public water supply for the purpose of performing the duties of this article. In cases in which the property owner, managing agent, or tenant chooses not to provide such access, the Raleigh Director of Public Utilities or authorized staff may obtain a warrant an[d] inspect or may in accordance with applicable law interrupt water service to the property. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

Water use restrictions shall apply to all City water supply system customers, including all City departments and City owned facilities. All permanent water service to customers shall be metered and billed based on the City's current water and sewer rate ordinance. All temporary water service to customers shall be provided through the City's hydrant meter program or other water accountability method approved by the Raleigh Director of Public Utilities. Water use audits will be conducted by designated Public Utilities staff when determined to be necessary by the Raleigh Director of Public Utilities on any water customer account to determine if water usage may be reduced by the customer. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

Upon application of this Article[*] , all new permanent in-ground irrigation systems shall be individually metered. The irrigation systems shall be installed, maintained and operated according to the following design specifications. These systems must include: (1) A smart controller, which will consist of: (a) an approved programmable timer that must reflect mandatory watering restrictions to include days and times, and register run-times as low as one-minute increments, and (b) two (2) weather-based controllers, which will act as shut-off devices to assist in optimal watering conditions which will reflect current climate conditions; one (1) sensor will be a rain sensor, for automatic shut-off during rain events, and the second sensor will monitor one of the other weather characteristics such as temperature soil conditions and/or evapotranspiration, and listed on the IA's website as a common sensor type. These sensors will be installed as add-on devices serving to override the programmable timer's run-times in the event that irrigation is unnecessary or unlawful. Each irrigation system must be installed by a licensed irrigation contractor. following the installation of a new system, the licensed irrigation contractor will conduct a field performance irrigation audit following the Best Management Practices (BMPs) set forth within the Irrigation Association's (IA) Irrigation Audit Guidelines . The audit shall be scheduled within one (1) month following completion of the installation, and the overall system must maintain a distribution uniformity (DU) of no less than fifty (50) per cent. The licensed irrigation contractor will then submit the audit results to the City for approval, in the format provided by the Irrigation Association, within two (2) weeks of the initial irrigation audit's completion. Systems which fail to meet the standards of the audit will have a period of two (2) weeks from the date of the failing audit to correct the problem or result in having their irrigation service interrupted. The irrigation system shall be regularly maintained to preserve the integrity of the design and to sustain efficient operation. All controllers and sensors shall be installed according to manufacturer's instructions in a location that will provide full exposure to rainfall such that accuracy of operation is assured and shall be maintained in good working condition. No personshall, with the intent of circumventing the purpose of this section, adjust any components of said irrigation system so that the sensors are not able to override and turn off the irrigation system when unnecessary or unlawful. All automatic in-ground irrigation systems shall comply with the mandatory water conservation requirements of §8-2175(c). (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2010-704, §3, 2-16-10, eff. 7-1-10) [*] Editor's note: This regulation first became applicable to permanent in-ground irrigation systems installed on or after July 1, 2010.

All major water users are required to develop a conservation program and an emergency water usage reduction plan to focus on reducing water consumption, to include BMPs or policy for their specific uses of water in their business/commercial applications or manufacturing processes. The program shall be designed to reduce water consumption when the City implements water conservation measures in Stage 1, Stage 2, and Stage 3. The conservation program shall be submitted to Public Utilities for review and approval within one hundred and eighty (180) days of notification by the City. Programs shall be implemented in accordance with the implementation of the City's water conservation ordinances. Each conservation program shall be updated by themajor water user as required by the Raleigh Director of Public Utilities. In addition, all major water users will conduct an American Water Works Association industrial water audit, or equal, upon request by the Public Utilities Department. This audit will be submitted to the Public Utilities Department, and subsequently updated every 5 years. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2010-688, §1, 1-19-10; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

Editor's note: Ord. No. 2011-982, §2, adopted Dec. 6, 2011, repealed §8-2171, which pertained to vehicle wash facilities and derived from Ord. No. 2007-235, §1, adopted May 15, 2007; Ord. No. 2010-688, §2, adopted Jan. 19, 2010; Ord. No. 2010-793, §2, adopted Oct. 19, 2010.

The Raleigh Director of Public Utilities and designated staff are responsible for monitoring water usage from the public water system and the amount of public water supply that is available to the City on a continuous basis. In the event of an emergency water shortage, the City Manager may enact the Water Shortage Response Plan immediately. The City Manager will enact the Water Shortage Response Plan under this Article under the following conditions: (a) Stage 1 mandatory water conservation measures if the available water supply reaches forty (40) per cent remaining between January 1 through January 31; fifty (50) per cent remaining between February 1 through February 29; sixty-five (65) per cent remaining between March 1 through March 31; eighty-five (85) per cent remaining between April 1 through April 30; seventy-five (75) per cent remaining between May 1 through May 31; sixty-five (65) per cent remaining June 1 through June 30; fifty-five (55) per cent remaining between July 1 through July 31; fifty (50) per cent remaining between August 1 through August 31; forty-five (45) per cent remaining between September 1 through September 29; forty (40) per cent remaining between October 1 through October 31; or thirty-five (35) per cent remaining between November 1 through December 31. (b) Stage 2 mandatory water conservation measures if the available water supply reaches thirty (30) per cent remaining between January 1 through January 31; thirty-five (35) per cent remaining between February 1 through February 29; forty-five (45) per cent remaining between March 1 through March 31; sixty (60) per cent remaining between April 1 through April 30; fifty-five (55) per cent remaining between May 1 through May 31; forty-five (45) per cent remaining June 1 through July 31; forty (40) per cent remaining between August 1 through August 31; thirty-five (35) per cent remaining between September 1 through September 29; or thirty (30) per cent remaining between October 1 through December 31. (c) Stage 3 mandatory water conservation measures if the available water supply reaches twenty-five (25) per cent remaining between January 1 through February 29; thirty (30) per cent remaining between March 1 through March 31; thirty-five (35) per cent remaining between April 1 through May 31; thirty (30) per cent remaining June 1 through June 30; or twenty-five (25) per cent remaining between July 1 through December 31. The City Manager will rescind the water use restriction stages under the following conditions: (a) Stage 1 mandatory water conservation measures shall be rescinded if the available water supply reaches sixty (60) per cent remaining between January 1 through January 31; seventy (70) per cent remaining between February 1 through February 29; eighty-five (85) per cent remaining between March 1 through March 31; one hundred (100) per cent remaining between April 1 through April 30; ninety-five (95) per cent remaining between May 1 through May 31; eighty-five (85) per cent remaining June 1 through June 30; sixty-five (65) per cent remaining between July 1 through July 31; seventy (70) per cent remaining between August 1 through August 31; sixty-five (65) per cent remaining between September 1 through September 29; sixty (60) per cent remaining between October 1 through October 31; or fifty-five (55) per cent remaining between November 1 through December 31. (b) Stage 2 mandatory water conservation measures shall be rescinded if the available water supply reaches fifty (50) per cent remaining between January 1 through January 31; fifty-five (55) per cent remaining between February 1 through February 29; sixty-five (65) per cent remaining between March 1 through March 31; eighty (80) per cent remaining between April 1 through April 30; seventy-five (75) per cent remaining between May 1 through May 31; sixty-five (65) per cent remaining June 1 through July 31; sixty (60) per cent remaining between August 1 through August 31; fifty-five (55) per cent remaining between September 1 through September 29; or fifty (50) per cent remaining between October 1 through December 31. (c) Stage 3 mandatory water conservation measures shall be rescinded if the available water supply reaches forty-five (45) per cent remaining between January 1 through February 29; fifty (50) per cent remaining between March 1 through March 31; fifty-five (55) per cent remaining between April 1 through May 31; fifty (50) per cent remaining June 1 through June 30; or forty-five (45) per cent remaining between July 1 through December 31. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2009-609, §1, 6-16-09; Ord. No. 2011-982, §3, 12-6-11; Ord. No. 2012-97, §1, 8-7-12; Ord. No. 2012-116, §1, 11-6-12; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

The Raleigh Director of Public Utilities and designated staff are responsible for developing and maintaining a comprehensive water conservation education program to implement voluntary adoption of City water conservation best management practices. The City of Raleigh Public Utilities Department Water Conservation Plan authorized under this article serves as the principal text for the water conservation education program. The Handbook shall include detailed descriptions of the Certified Landscape Irrigation Auditing Program, the Conservation Certification Program for the Professional Vehicle Wash Industry, the Water Wise Certification Program, the civil penalty matrix and the Major Water Users Conservation Program. The Handbook shall also include technical standards for the water conservation equipment and materials specified by the City. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2010-793, §3, 10-19-10; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

The City water consumption rate ordinance will be annually reviewed by the Public Utilities staff to ensure that unit price values and the rate ordinance structure recommended to City Council provides an economic incentive for water conservation. (Ord. No. 2007-235, §1, 5-15-07)

It shall be unlawful for any person to use water from the public water supply system of the City in violations of the following mandatory water conservation restrictions: (a) All Stage 1 mandatory water conservation restrictions and rules as set forth by any ordinance adopted by the City Council. (b) All Stage 2 mandatory water conservation restrictions and rules as set forth by any ordinance adopted by the City Council. (c) All Stage 3 mandatory water conservation restrictions and rules as set forth by any ordinance adopted by the City Council. (d) Every day mandatory water conservation restrictions: (1) Water from the City of Raleigh public water supply shall not be served in a public restaurant for drinking water, except upon specific request by customers. Also, hotels/motels/bed and breakfast inns served by the City of Raleigh public water supply will ask guests spending more than one night to use their towels and bed linens more than once between laundering. (2) Violations of §8-2175(c) may be punished by any of the means available to the City pursuant to N.C.G.S. 160A-175. A written warning will be issued for the first violation of §8-2175(c). A civil penalty of fifty dollars ($50.00) shall be assessed for the second violation of §8-2175(c) and a third violation shall result in a civil penalty of two hundred dollars ($200.00). A fourth violation will result in interruption of water service to the offending customer. The City will issue written notification to the customer and occupant of intent to interrupt water service and twenty-four (24) hours later will interrupt water service. If water service has been interrupted due to repeat violation of §8-2175(c), service will not be re-instated until the Raleigh Director of Public Utilities has determined that the risk to the City water supply has been alleviated or the Raleigh Director of Public Utilities is otherwise assured of compliance. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2007-251, §1, 6-19-07; Ord. No. 2007-280, §1, 8-7-07; Ord. No. 2008-458, §1, 9-16-08; Ord. No. 2010-688, §3, 1-19-10; Ord. No. 2012-48, §1, 5-14-12; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

All consumers are encouraged to adopt the following best management practices to conserve water: (a)Outdoor Water Uses: 1. It is recommended that all irrigation systems which use water from the public water supply should be operated in the following manner: a. Properties with ODD numbered addresses water lawns and landscapes on TUESDAY, THURSDAY and SATURDAY. b. Properties with EVEN numbered addresses water lawns and landscapes on WEDNESDAY, FRIDAY and SUNDAY. Automatic or non-automatic irrigation systems should only be operated between the hours of 12:00:01 a.m. and 10:00 a.m. and hose end sprinklers should be operated only between the hours of 6:00 a.m. and 10:00 a.m. and also 6:00 p.m. and 10:00 p.m. No automatic or non-automatic irrigation systems or hose end sprinklers should be operated on MONDAY. Automatic or non-automatic irrigation systems and hose end sprinklers should be operated in a manner to prevent water waste so as to avoid watering impervious surfaces such as streets, parking lots, driveways and sidewalks at all times. 2. Check for plumbing leaks. A single dripping faucet can waste hundreds, even thousands, of gallons per year. Most water leaks are easy to detect and repair with basic plumbing skills and a few simple tools. 3. Have soil tested by the North Carolina Department of Agronomy/Soil Testing Section. Most yards in this region are composed of granite soils. They need lime more than they need fertilizer. 4. Plant native trees and shrubs. The North Carolina State University Cooperative Extension Service has excellent suggestions for home gardeners. Use mulch around shrubs and garden plants to reduce evaporation. Mix the turf areas with shaded areas to reduce irrigation demands. 5. Let the grass grow taller in hot weather by raising your lawn mower cutting height. Longer grass blades help shade each other, reduce evaporation, and inhibit weed growth. 6. Water slowly and thoroughly during cool, windless hours to prevent water loss from evaporation. 7. Be attentive if using a hose and sprinkler, consider setting an alarm or the oven timer as a reminder to move the hose and sprinkler as needed. 8. Use a rain gauge. One (1) inch of water per week will keep lawns green throughout the summer. 9. Water should be applied slowly to achieve deep penetration and prevent water run-off. 10. Do not water impervious surfaces such as streets, parking lots, driveways and sidewalks. 11. Install a drip irrigation system for watering gardens, trees, and shrubs. Drip systems are very efficient because they provide a slow, steady trickle of water to plants at their roots through a network of hidden pipes and hoses. 12. Use properly treated reuse water for irrigation as an alternative water source. Raleigh's water conservation rules do not regulate the amount of reuse water and therefore any amount can be used during any mandatory water conservation stage. Contact the Raleigh Public Utilities Department for information regarding reuse water availability. 13. Capture rain water in cisterns and rain barrels. The average rainfall in the Raleigh area is about forty-eight (48) inches per year. Run-off from the roof of a typical two thousand five hundred (2,500) square foot home is about seventy-five thousand (75,000) gallons a year. Raleigh encourages customers to capture rainwater and use it on the landscape. 14. Consider the amount of water being used and look for ways to use less whenever possibly. Do not leave water running - use spring loaded or other automatic shut-off devices on hoses or outdoor faucets. 15. Use commercial vehicle washing facilities, especially those which have been certified by Raleigh as water conserving facilities, instead of washing vehicles at home. 16. Use a broom or blower to remove dust, dirt, leaves and other debris from sidewalks, driveways, porches and decks rather than water. (b)Indoor Water Uses: 1. Thaw frozen food in your refrigerator or microwave instead of using running water. Wash fruits and vegetables with a vegetable brush in a basin or bowl instead of using running water. 2. Scrape or wipe, rather than rinse, dishes before loading into the dishwasher. Wash only full loads. Consider replacing old dishwasher with a water and energy saving model. 3. Wash only full loads of laundry or use the appropriate water level or load size selection on the washing machine. Presoak heavily soiled items. Use detergent sparingly in order to avoid rinsing more than normal cycle. Consider purchasing a high efficiency washing machine to save laundry water and energy. 4. Install low-flow toilets, faucet aerators, and low-flow showerheads. 5. Leaky toilet can waste two hundred (200) gallons of water per day. To detect leaks in a toilet, add a few drops of food coloring to the tank water. Do not flush. Wait a few minutes. The toilet is leaking if the colored water appears in the bowl. 6. Commercial and industrial customers not otherwise regulated as a major water user should review their water uses and should consider implementing industry specific best management water conservation practices. 7. Check for leaks in toilets, faucets, shower heads and any other plumbing fixtures and repair these leaks immediately. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2010-793, §4, 10-19-10; Ord. No. 2012-48, §2, 5-14-12)

(a)Penalty. Violation of any provision of this article may subject the offender to a civil penalty to be recovered by the City in a civil action in the nature of debt if the offender does not pay the penalty within thirty (30) days after the assessment has become final by exhaustion of the appeal process established by this section, or by failure to appeal the assessment and will be subject to temporary water service interruption. Except as otherwise provided in this article and in mandatory water use restriction ordinances, the civil penalty for violation of any provision of this article shall not exceed one thousand dollars ($1,000.00) per day for each day of continuous violation, or a cumulative or single civil penalty of twenty-five thousand dollars ($25,000.00). The civil penalty for willful violation of any provision of this article shall not exceed five thousand dollars ($5,000.00) per day for each day of a continuous violation, or a cumulative or single civil penalty of twenty five thousand dollars ($25,000.00). (b)Assessment. Any civil penalty shall be assessed by the Raleigh Director of Public Utilities, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The Raleigh Director of Public Utilities shall serve written notice of the civil penalty assessment on the offender and set out with reasonable care the basis of the amount so assessed. (c)Equitable relief. The provisions of this article may be enforced by an appropriate equitable remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction. (d)Enforcement option. The penalties and enforcement provisions established by this article may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. (Ord. No. 2007-235, §1, 5-15-07; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

The Raleigh Water Shortage Response Plan, as may be amended from time to time, is hereby adopted by reference as fully as though set forth herein. A copy of the latest copy of the Raleigh Water Shortage Response Plan is on file in the City Clerk's Office and in the Public Utilities Department. (Ord. No. 2010-793, §5, 10-19-10) Editor's note(s)—Ord. No. 2010-793, §5, adopted Oct. 19, 2010, repealed the former §8-2178, and enacted a new §8-2178 as set out herein. The former §8-2178 pertained to golf courses and derived from Ord. No. 2010-688, §4, adopted Jan. 19, 2010.

This article sets forth the requirements for the Reuse Water System for the City of Raleigh, hereafter referred to as the City. The Reuse Water System provides an alternative water source for non-potable water demands. It is the City's policy to provide reuse water to the appropriate non-potable demands to limit the growth in potable water. The objectives of this article are: 1. To reduce the potable water demand and extend the life of the existing raw water supplies. 2. To protect the environment by reducing discharges to the Neuse River. 3. To help meet nitrogen reduction goals for the Neuse River. This article shall apply to users of the City's water and sewer system. (Ord. No. 2006-100, §1, 9-19-06)

[As used in this article, the following terms shall have the meanings provided in this section unless the context clearly indicates otherwise.] Approval Authorityshall mean the Director of the Division of Water Quality of the North Carolina Department of Environment, Health and Natural Resources or his designee. Authorized representative of the reclaimed water user: (A) If user is a corporation, authorized representative shall mean the president, secretary, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or (B) If the user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or the proprietor, respectively. (C) If the user is a Federal, State or local government facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (D) The entities described in subdivisions (A) through (B) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. Cross-connectionshall mean Any physical connection whereby the public water supply is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such a manner that a flow of water into the public water supply is possible either through the manipulation of valves or because of ineffective check or back-pressure valves, or because of any other arrangement. Consumershall mean any person, firm, or corporation responsible for any property at which reuse water from the City of Raleigh public reuse water system is received. In the absence of other parties or the failure of other parties to accept the responsibilities herein set forth, the owner of record shall be ultimately responsible. Dedicatorsshall mean and include the person owning or constructing any private utility system being dedicated to the City. Major reuse water linesshall mean those reuse water lines which are twelve (12) inches in diameter or greater. NCAC Section 15A NCAC 02U.0100shall mean the North Carolina Administrative Code, Section 15A, NCAC subchapter 02U, section .0100, as currently written and as may be rewritten from time to time. Permitshall mean an individual utilization permit issued by the City and in some cases, the North Carolina Division of Water Quality, to utilize reclaimed water only for the purposes identified in such utilization permit. Reclaimed watershall have the same meaning as reuse water. Reuse watershall mean wastewater that has been treated to water quality standards as defined by the applicable section of the North Carolina Administrative Code and is intended to be distributed for further use. Reuse water service stubsshall mean those portions of the reuse water service pipes that connect to the City's reuse water mains and extend to the boundaries of public easements and rights-of-way. Tap sizeshall mean the nominal diameter of the connection of the reuse water line installed between a reuse water meter assembly and the reuse water main connected to the reuse water utility system of Raleigh without regard to the configuration of that reuse water assembly or ownership of the reuse water meter assembly or reuse water main. Waters of the Stateshall mean any stream, river, brook, swamp, lake, sound tidal estuary, bay, creek, reservoir, waterway or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §41, 1-21-14, eff. 1-26-14)

Rules and regulations relating to waste not discharged to surface waters appearing in North Carolina Administrative Code Titles 15A NCAC 02U and 15A NCAC 02T and the City of Raleigh Provider Permit, as may be amended from time to time, are hereby adopted by reference and incorporated into the City Code as though fully set forth within this article and shall apply within the City of Raleigh as an ordinance. In the event of any variation between the provisions of the applicable North Carolina Administrative Code and/or the Provider Permit, and/or the provisions of this article, the more strict provision shall prevail. The violation of a provision of NCAC Section 15A NCAC 2T or 02U.0100 shall be deemed a violation of this section. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §42, 1-21-14, eff. 1-26-14)

All reuse water users shall obtain a utilization permit prior to the commencement of reuse water use. Users shall make application for initial installation, use, change of use and change of property ownership. It shall be unlawful for any person to connect to or use reuse water without first obtaining a reuse water utilization permit. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §43, 1-21-14, eff. 1-26-14)

Reuse water shall only be applied for approved uses. Where a use is not specifically indicated as being pre-approved, the Raleigh Director of Public Utilities or his designee shall make a determination if the proposed use is acceptable. The following uses, unless otherwise prohibited, may be approved: (1) Landscape irrigation. (2) Agricultural irrigation for crops not intended for human consumption. (3) Decorative ponds and fountains that do not drain to surface waters. (4) Dust control. (5) Soil compaction. (6) Vehicle washing if the reuse water is either recaptured or is applied without runoff from the site. (7) Street cleaning (vacuum-type cleaners only). (8) Cooling tower and boiler makeup water. (9) Urinal and toilet flushing. (10) Any uses that are deemed permitted under the North Carolina Administrative Code regulating the use of reclaimed or reuse water. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §44, 1-21-14, eff. 1-26-14)

Where reuse water is available to a property, all new non-potable uses, including but not limited to landscape irrigation systems, shall utilize reuse water to the extent permitted under State law unless the design and installation costs of a dual plumbing system exceed two and a half (2½) times the cost of a single plumbing system to serve the property. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §45, 1-21-14, eff. 1-26-14)

It shall be unlawful for reuse water to be used in the following applications: (1) Human consumption. (2) Irrigation of direct food chain crops unless expressly allowed under North Carolina rules and regulations. (3) Swimming pools, hot tubs, spas, or similar uses. (4) Direct reuse as raw potable water supply. (5) Any uses that are specifically prohibited under the North Carolina Administrative Code regulating the use of reclaimed or reuse water. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §46, 1-21-14, eff. 1-26-14)

Irrigation systems using reuse water shall be designed keep all spray on the property and to maintain the following buffers from the edge of the spray influence: (1) Twenty-five (25) feet from surface waters including intermittent streams, perennial streams, perennial water bodies and wetlands. (2) One hundred (100) feet from any well except monitoring wells. (3) Fifty (50) feet between reuse water storage/irrigation ponds and property lines. Irrigation and other systems using reuse water shall not generate runoff that flows into the natural waterways or into the buffer areas. Runoff shall not enter a storm sewer or drainage ditch that connects to waters of the State. (Ord. No. 2006-100, §1, 9-19-06)

The Raleigh Director of Public Utilities or his designee shall have the authority to implement administrative programs that may be required to adhere to Federal or State law, adhere to the conditions of any permits from Federal or State agencies, or provide efficient operation of the reuse system. Such programs may include, but are not limited to, an application program to approve new users, a connection inspection program, follow-up inspection program, compliance and enforcement program, spill prevention, control, and notification program, and educational program to advise the public of the proper and safe use of reuse water. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §47, 1-21-14, eff. 1-26-14)

For areas accessible to the public, notification shall be provided to inform the public of the use of reuse water and that reuse water is not intended for drinking. Signs will be provided indicating "REUSE WATER: DO NOT DRINK". In industrial and commercial systems, notification shall be provided to inform employees that reuse water is being used and that it is not intended for drinking. Training on the proper handling of reuse water shall be provided to employees required to be in direct contact with reuse systems. Systems in areas of public access shall be marked to identify the source of the water as being reuse water. (Ord. No. 2006-100, §1, 9-19-06)

All reuse water valves, storage facilities and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. All reuse water piping, valves, outlets and other appurtenances shall be color-coded, taped, or otherwise marked to identify the source of the water as being reuse water, as defined in the Public Utility Handbook. (Ord. No. 2006-100, §1, 9-19-06)

Above ground hose bibbs spigots or other hand operated connections are not allowed with reuse water systems. Hose bibbs spigots or other hand operated connections shall be installed in lockable below-grade vaults clearly labeled as reuse water. Alternatively, hose bibbs spigots or other hand operated connections that can only be operated by a special tool can be installed in non-lockable, below-grade service boxes clearly labeled as reuse water. (Ord. No. 2006-100, §1, 9-19-06)

Storage containers, including tank trucks that come into contact with reuse water, shall not be used to store or transport potable water that is used for drinking or other potable purposes. The containers and trucks shall be clearly labeled "REUSE WATER - DO NOT DRINK". The containers shall not be filled through on-board piping or removable hoses that may subsequently be used to fill tanks with water from a potable water supply. (Ord. No. 2006-100, §1, 9-19-06)

There shall be no direct cross-connections between the reuse water system and any potable water system, unless specifically authorized by the Raleigh Director of Public Utilities or his designee. Where both potable and reuse water systems serve the same property, the potable water connection shall be provided with an approved backflow prevention assembly or an air gap separation. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §48, 1-21-14, eff. 1-26-14)

Any person connecting, installing or using the reuse water system shall pay all required permits, fees, and charges as required by laws, ordinances, and resolutions. (Ord. No. 2006-100, §1, 9-19-06)

Any and all new or replacement reuse water supply systems within flood-prone areas shall be designed and constructed to minimize and eliminate discharges from such systems into floodwaters. (Ord. No. 2006-100, §1, 9-19-06)

(a) No person shall open, enter into, place, or allow anything to be placed in a manhole, vault, or valve box of the City's reuse water system without written approval from the Raleigh Director of Public Utilities or his designee. (b) No person shall damage, obstruct, or cover a manhole, vault, or valve box of the City's reuse water system. (c) No person shall plant trees, shrubs, or other plants within a reuse water easement without prior written approval from the Raleigh Director of Public Utilities. (d) No person shall place any part of a structure or any permanent equipment within a reuse water easement without prior written approval from the Raleigh Director of Public Utilities. Prohibited structures include buildings, houses, decks, garages, tool or storage sheds, swimming pools, walls, and fences. Prohibited permanent equipment includes air conditioning units and heat pumps. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §49, 1-21-14, eff. 1-26-14)

It shall be unlawful for any person to remove, damage, or interfere with any reuse water pipes belonging to the City, or to remove, break, or injure any portion of any manhole, or any part of the reuse water of the utility system. Provided, it shall further be unlawful for any person to cut off or discontinue reuse water service to any part of the City system without the written consent of the Raleigh Director of Public Utilities or his designee. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §49, 1-21-14, eff. 1-26-14)

(a) Whenever the Raleigh Director of Public Utilities or his designee finds that any person has violated or is violating this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, the Raleigh Director of Public Utilities or his designee may serve upon such a person a written notice stating the nature of the violation. If requested by the Raleigh Director of Public Utilities or his designee, a plan for the satisfactory correction thereof shall be submitted to the Raleigh Director of Public Utilities or his designee within the timeframe specified in the enforcement policy adopted in accordance with subsection (e) below. Submission of this plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. In the event of an emergency that requires the City to take immediate action to correct the violation, the City is not required to provide an opportunity for the violator to correct the violations and may assess penalties and costs pursuant to this section without prior notice. (b) Any person who is found to have failed to comply with any provision of this article, any permit issued pursuant to this article, or any regulation, standard, rule or order adopted in furtherance of this article, shall be subject to a civil penalty as follows: (1) For a first-time violator where the violation was not committed willfully or intentionally and is not an actual or potential risk to public health or safety, two hundred fifty dollars ($250.00) per day per violation. (2) For a first-time violator where the violation was not committed willfully or intentionally and is an actual or potential risk to public health or safety, five hundred dollars ($500.00) per day per violation. (3) For a repeat violator where the violations was not committed willfully or intentionally and is not an actual or potential risk to public health or safety, five hundred dollars ($500.00) per day per violation. (4) For a repeat violator where the violations was not committed willfully or intentionally and is an actual or potential risk to public health or safety, one thousand dollars ($1,000.00) per day per violation. (5) For a violator where the violation was committed willfully or intentionally, one thousand five hundred dollars ($1,500.00) per violation. The notice of the civil penalty assessment shall be issued in writing and shall set forth with reasonable care the basis of the civil penalty and any administrative costs and the costs to the City of rectifying the noncompliance that are assessed. (c) Failure to obtain any permit required by this article or any other violation by any person authorized to perform work in or upon the utility systemshall subject the violator to the following penalties: (1) For the first violation, the personshall be subject to a civil penalty in the amount of one hundred dollars ($100.00) plus any permit fee, if applicable. (2) For the second violation in a five-year period, the personshall be subject to a civil penalty in the amount of two hundred dollars ($200.00) plus any permit fee, if applicable. (3) For the third violation in a five-year period, the personshall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, and for each subsequent violation the personshall be subject to a civil penalty in the amount of five hundred dollars ($500.00) plus any permit fee, if applicable, up to the fifth violation. (4) After the fifth violation in a five-year period, the privilege and right of the person to work in and/or upon the Raleigh water and sewer utility systemshall be suspended for a period of twelve (12) months from the date of the sixth violation. (d) Any person violating any section of this article must pay to the City all expenses incurred by the City in repairing any damage to the utility system caused in whole or in part by such violation and any expense incurred by the City in investigating such violation. (e) The Raleigh Director of Public Utilities shall maintain an enforcement policy to implement this section which shall be submitted to the City Council for approval. (f) From and after the expiration of the time period specified in the notice of violation issued pursuant to subsection (a) above of this section for correcting a violation of this article, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (g) Any appeal from a notice of violation or civil penalty assessment shall be made in writing to the Raleigh Director of Public Utilities within thirty (30) days of receipt of the notice of violation or civil penalty assessment issued pursuant to this section. The Raleigh Director of Public Utilities shall use all reasonable efforts to notify the appellant in writing of his or her decision within sixty (60) days of receipt of the notice of appeal pursuant to the enforcement policy adopted pursuant to subsection (e) above of this section. (h) All notices required by this subsection may be served by certified mail or hand-delivery to the violator; certified mail or hand-delivery to the owner of the property in violation; or posting the notice at the property in violation. When service is made by certified mail, a copy of the notice may also be sent by First Class U.S. Mail. Service shall be deemed sufficient if the notice sent by First Class U.S. Mail is not returned by the U.S. Post office seven (7) days after mailing. (i) If payment is not received or equitable settlement reached after thirty (30) days after demand for payment is first made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of the penalty. If payment is not received or equitable settlement has not been reached within the specified time period, the City may interrupt water and sewer service to the property until such time that payment is received or equitable settlement has been reached. (j) Any person who violates any of the provisions of this article, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or who undertakes or continues any alteration, extension or construction of the utility system or part thereof without first obtaining a permit or written permission or who undertakes or continues any alteration, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both shall be guilty of a misdemeanor punishable by imprisonment to the maximum number of days prescribed by law. (k) Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate any of the provisions of this article, or any permit, or any regulation, standard, rule or order duly adopted in furtherance of this article, or is undertaking or continuing any alteration, extension and construction of the utility system without first obtaining a permit or written permission, or is undertaking or continuing any alterations, extension, or construction of the utility system or part thereof, except in conformity with the terms, conditions, requirements and provisions of an approved application, plan, or both, the City may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Code. The terms "undertakes" or "undertaking" as used in this section means the initiating of or continuing of or being financially responsible for any activity or phase of activity which results in the extension, construction, or alteration of any part of the utility system of the City. (l) The penalties and enforcement provisions established by this article may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. The remedies provided for in this article are not exclusive. The Raleigh Director of Public Utilities or his designee may take any, all, or any combination of these actions against a violator. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §50, 1-21-14, eff. 1-26-14; Ord. No. 2014-337, §9, 9-2-14, eff. 9-7-14) State law reference: Criminal offenses, G.S. 14-4; G.S. 143-215.6(b).

Every person who observes damage to a manhole or to any other part of the reuse water system, public or private, has a duty to report the damage to the Public Utilities Department, and every permit holder whose reuse system is damaged shall take immediate actions to stop or as best practical mitigate the flow of the reuse water. (Ord. No. 2006-100, §1, 9-19-06)

It shall be unlawful for any person to connect any pipe or take by any means reuse water from or interfere with the pipes of the reuse water system of the City without authorization from the Raleigh Director of Public Utilities. In reviewing requests, the Raleigh Director of Public Utilities shall consider the appropriateness of the size, location, character, and quality of all materials and connections. It shall be unlawful for any person, except City forces as directed by the Raleigh Director of Public Utilities, to operate any valve in the reuse water distribution system of the City. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

In the event of the paving or widening of streets, or the raising or lowering of the grade of a street, or in the installation of curbs or gutters and/or sidewalks, or in the case of the installation of new reuse water lines initiated by the public, all reuse water service stubs may be replaced so as to meet the standards prescribed by the North Carolina Plumbing Code. There shall be no charge for such replacements. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §51(2), 1-21-14, eff. 1-26-14)

All reuse water services shall be installed, extended, replaced or repaired by City forces from the City's main to the property line unless otherwise permitted by the Raleigh Director of Public Utilities; provided, no such permission shall be granted for work within the corporate limits in public street rights-of-way except by licensed utility contractors. All reuse water connections in new developments shall be the responsibility of the developer and at his expense in accordance with City standards and specifications. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

A separate reuse water meter connection is required for each lot at the time of connection with reuse water service. All such meters shall be placed in the street right-of-way or in a two-foot easement adjacent to the street right-of-way at such locations as the Raleigh Director of Public Utilities shall determine, provided that nothing herein shall authorize the placement of a water meter on the opposite side of the street right-of-way from the building being served. Reuse water meters shall be placed within five feet of the potable water meter serving the property. All meters shall conform to the standards and material specifications of the City. All reuse water meters shall be installed by City forces in accordance with the fee schedule found in Section 8-2005. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 ; Ord. No. 2019-968, §1, 6-10-19, eff. 7-1-19 ) Secs. 8-2205—8-2210. RESERVED.

Secs. 8-2211—8-2220. RESERVED. Secs. 8-2221—8-2240. RESERVED.

The responsibility for maintaining and repairing reuse water service stubs shall be in accord with City Code, §10-6082. The repair of all pipes and fixtures on private property shall be the responsibility of the property owner or consumer. When a minor failure occurs in a pipe or fixture on private property, and such failure is not corrected within twelve (12) hours of notification by the Raleigh Director of Public Utilities to the owner or person in charge, the City, for the purpose of conserving reuse water and protecting the public, may discontinue service until the failure is corrected or enter the property and make the necessary repairs. When a major failure occurs in a line or fixture and creates the possibility of an immediate danger to the public health or safety, the City may make the necessary repairs. The work done by the City shall be limited to the necessary line repair and such backfilling as needed to protect the pipe. The cost of any repairs performed by the City shall be charged to the property owner and included in his next regular periodic reuse water bill. Failure to pay the repair bill shall be considered as a regular reuse water bill delinquency and service may be discontinued until such amount is paid. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

The City may suspend or terminate reuse water service at any time the reuse water at the terminal point of the City's treatment plant does not meet the requirements of the governing regulatory agencies. In such a case, reuse water service may be restored when the City determines that permit user will comply with all the governing requirements. Within thirty (30) days following the suspension of reuse water service, the reuse water permit holder mayin writing appeal the suspension to the Raleigh Director of Public Utilities, who within fifteen (15) days of receipt of the appeal shall conduct a hearing. When reuse water is not available, the City may substitute potable water on a temporary basis at the discretion of the City. An approved air gap separation must be used in any connection for temporary potable water. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

If any person violates any provisions of this article or any regulation, standard, rule or order duly adopted in furtherance of this article, the City may terminate water, sewer, and/or reuse water service to that property. Within thirty (30) days following the termination of reuse water service, the reuse water permit holder mayin writing appeal the termination to the Raleigh Director of Public Utilities, who within fifteen (15) days of receipt of the appeal shall conduct a hearing. If service is terminated, the consumer shall bear the full responsibility of any costs or liabilities for reconnecting to the utilities. The City shall be indemnified by the violator or in the discretion of the City the permit user from all claims, damages, losses, or expenses, including Federal and State civil penalties imposed upon the City, caused by the failure to meet the requirements of the governing regulatory agencies concerning the use and operation of reuse water or from the termination of reuse water service. (Ord. No. 2006-100, §1, 9-19-06; Ord. No. 2014-262, §51(1), 1-21-14, eff. 1-26-14)

The Parks, Recreation, and Cultural Resources Department shall consist of a director, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council. (Ord. No. 2013-209, §1, 7-2-13) Charter reference: Creation of Parks and Recreation Department, §6.34.

The Department of Parks and Recreation shall consist of nine (9) divisions: (1) Administration (2) Parks (3) Recreation (4) Highways (5) Cemeteries (6) Greenways (7) Urban Forestry (8) Design Development (9) Building Maintenance (Ord. No. 1998-454, §14, 11-4-98)

The functions and duties of the Department of Parks and Recreation shall be to: (a) Enhance the quality of life for the citizens of Raleigh by promoting the development and maintenance of a broad and comprehensive program of leisure recreational activities for all people; by developing and maintaining a system of parks and recreation facilities and open space areas; by establishing and maintaining a system of shade trees on City streets and boulevards, parks and public places; by establishing and maintaining the horticultural treatment of state streets within the City limits; by actively pursuing the conservation and protection of all natural resources; by promoting, developing, and maintaining a program of City-wide beautification; design, construction, maintenance, operation, and policing of the greenway system. (b) Ensure the safety and well being of citizens using the City's park and recreation facilities. (c) Maintain existing park areas and facilities, trees and shrubs on street rights-of-way and medians and develop and maintain new park areas as they are acquired. (d) Operate and maintain the public areas of the three City owned cemeteries, City Cemetery, Mount Hope Cemetery, and Tarboro Road Cemetery. (e) Provide space for the indoor programs, including such activities as slimnastics, ceramics, modern dance, cooking classes, karate, youth and adult basketball, cake decorating, dog obedience, guitar, gymnastics, macrame, senior citizens, tennis, and other areas of interest. (f) Administer cultural programs in a variety of areas for youth and adults. (g) Provide leisure wholesome activities for senior citizens. (h) Provide the citizenry of the City with an opportunity to participate in a wide range of competitive athletic activities for the purpose of: Fostering the values of physical fitness; promoting clean sportsmanship and fair play; and good conduct. (i) Provide students from the senior high schools in the Raleigh area with an opportunity to plan, organize, and direct civic interest programs which are aimed at meeting the needs of the local youth. (j) Sponsor after school intramural programs at the City's high schools and junior high schools. (k) Provide organized activities, including sponsorship of instructional classes, tournaments, leagues and special events for all age groups. (l) Provide custodial service for the municipal building, the annex, and other Cityproperties determined by the City Manager; maintaining physical plant operations in the municipal building, the annex, and other Cityproperties determined by the City Manager; providing assistance for physical plant operations to City facilities such as fire stations, park and recreation buildings, water and sewer plants. (Ord. No. 1998-454, §13, 11-4-98; Ord. No. 2019-970, §1, 6-18-19 )

There is hereby established a parks, recreation and greenway advisory board. (Ord. No. 1985-595, §1, 6-18-85; Ord. No. 1985-665 , § 2, 11-5-85)

The parks, recreation and greenway advisory board (hereinafter referred to as the board) shall be composed of fifteen (15) members. All current members of the Greenway Commission and the parks and recreation advisory board will be members of the parks and greenway advisory board until the expiration of their current terms. Thereafter, the City Council will select members to the board. No new appointments or reappointments will be made to the board until the board has fewer than fifteen (15) members. No member shall have a combined total of more than eight (8) years of service on this board, the parks, recreation and greenway advisory board, or the Greenway Commission. Up to five (5) members of the board may reside outside the City limits within the City's extraterritorial jurisdiction. In addition to the regular members of the board, there may be nonvoting ex-officio members as follows: one representative of the City Council, one representative of the Wake County School Board, one representative of the Planning Commission, and the City Manager or his representative. No new appointments or reappointments will be made to the initial board membership until the board has fewer than fifteen (15) members. Thereafter, appointments will be made in accordance with the provisions of §1-4002et seq. of the City Code. (Ord. No. 1985-595, §2, 6-18-85; Ord. No. 1985-665 , § 2, 11-5-85)

(a) There shall be a Chairman and a Vice-Chairman of the board elected from the membership of the board for one-year terms. The Chairman shall serve no more than two (2) consecutive terms. An annual election shall be held by the board members and shall occur at a regular meeting in September. At the initial meeting of the board in September, 1985, the officers will assume office immediately. Thereafter, new officersshall officially take office at the subsequent regular meeting following their election. In the event an officer's appointment is terminated, a replacement shall be elected from its membership by the board at the meeting following the announcement of the termination. (b) The board Chairman shall preside at all meetings and shall sign all documents relative to action taken by the board. The Chairman shall appoint committees, as he from time to time deems necessary. A nominating committee shall be appointed prior to the September meeting and shall prepare a slate of officers to serve the board for the following year. In the absence of the Chairman, the Vice-Chairman shall perform the duties of the Chairman. (c)Secretary to the board. The Director of Parks and Recreation shall serve as secretary to the board. The director may share all or part of these duties with other staff members of the Parks and Recreation Department but shall be held responsible for secretarial duties. The secretary shall mail copies of the official minutes of all regular or special board meetings to board members prior to the next scheduled meeting. (d)Meetings. Regular board meetings shall be held on a monthly basis. The Chairman, or, in his absence the Vice-Chairman, may call a special meeting of the board at any time by giving actual (oral or written) notice to all members in advance in compliance with North Carolina General Statutes governing meetings. Special meetings shall be scheduled upon request of eight (8) or more board members. Notice of special meetings requested by board members shall comply with open meeting laws. (e)Quorum. Eight (8) regular members of the board shall constitute a quorum for the transaction of business at any meeting of the board. (f)Rules. Any question concerning parliamentary procedure at meetings of this board shall be determined by reference to Robert's Rules of Order. (Ord. No. 1985-595, §3, 6-18-85)

This board shall serve as the citizen advisory board to the City Council, on issues related to parks and recreation policy matters (including greenway matters). This area of responsibility shall include advising on matters related to the funding of the parks and recreation capital program, parks and recreation program policies, facility planning, and the acquisition of lands related to the parks and recreation program. The responsibility of this board in considering parks and recreation policy matters are to include all programs of the department. Within the scope of its responsibilities, the board should work to continue the development of the greenway system and the urban tree program. This board shall serve as a liaison between the City and the citizens of the community and shall also work to promote all parks and recreation programs. (Ord. No. 1985-595, §4, 6-18-85)

There is hereby created an advisory board for the Youth Council on Civic Affairs to be composed of seven (7) members and such additional ex officio members, including the Director of Parks and Recreation and the youth counselor, as may be elected by the Council, such ex officio members to serve during the pleasure of the Council but shall have no vote. The board shall serve as advisors to the Youth Council of Civic Affairs heretofore organized in the City, and which has its own constitution and bylaws, in all matters relating to the activities of the Council, but shall act only in an advisory capacity. (Code 1959, §3-29)

The members of the board shall be appointed and any vacancies, caused by the expiration of a term of office or otherwise, shall be filled by the Council. (Code 1959, §3-30)

Each member of the board shall be appointed to the board for a period of two (2) years except that the Council, in naming the original members of the board, may appoint some members for a period of one year and some members for a period of two (2) years and shall thereafter fill vacancies which occur for terms of two (2) years. (Code 1959, §3-31) Cross reference: Limitations on terms of board members, §1-4002.

The original members of the board shall meet for the purpose of organization and shall elect their own Chairman, who shall preside over all meetings of the board. It shall also elect a Vice-Chairman, who shall act for the Chairman in the event of his absence. The youth counselor of the Cityshall act as secretary of the board and keep the minutes of the proceedings of the board. The Chairman and Vice-Chairman shall be elected annually and shall serve until their successors are elected. (Code 1959, §3-32)

The board shall hold regular meetings not less often than every month at a time to be fixed by the board. Special meetings shall be held at the call of the Chairman or any two (2) members of the board upon notice of ten (10) days to each member. A majority of the board shall constitute a quorum. No action may be taken in the absence of a quorum except that the members in attendance may adjourn the meeting from time to time until a quorum is present. Members of the board who miss three (3) consecutive meetings may be removed and replaced by the Council. (Code 1959, §3-33)

(a) The sole duties of the board shall be to offer such advice and assistance to the Youth Council on Civic Affairs as it may desire and shall not control and shall not attempt to control the activities of the Youth Council or any of its members. (b) The members of the board shall serve without compensation. (Code 1959, §§3-34, 3-35)

The board shall have no authority to create any debt against the City without prior approval of the Council, such approval to specify the amount and the purpose for which the debt may be created. (Code 1959, §3-36)

The youth counselor shall not directly or indirectly participate in any activity which has as its purpose the referral of persons for employment as yard workers, baby sitters or otherwise but shall leave such referral services exclusively to the members of the Youth Council. The youth counselor shall be under the direct supervision and control of the Director of Parks and Recreation of the City. (Code 1959, §3-37)

The youth counselor shall, only at the request of the Youth Council, handle any funds of the Youth Council by depositing the same in a special account to be withdrawn by check signed by the youth counselor and by the president or treasurer of the Youth Council. The youth counselor shall be bonded in an amount to be determined by the Youth Council and the accounts of funds coming into the counselor's possession shall be annually audited by the auditor of the City. The advisory board and the Youth Council may occupy such space and use such facilities of the City as may be from time to time prescribed by the Council. (Code 1959, §3-38)

Editor's note: Ord. No. 1996-819, §1, adopted Feb. 6, 1996, repealed §9-2001, which pertained to sledding streets and derived from Code 1959, §21-8.1; Ord. No. 1981-574, §1, adopted Feb. 3, 1981; Ord. No. 1982-827, §1, adopted Jan. 19, 1982; Ord. No. 1982-39, §1, adopted Dec. 21, 1982; and Ord. No. 1988-281, §1, adopted Dec. 13, 1988.

It shall be unlawful for any person to operate any motorized vehicle or other power driven vehicle upon the grass or footways of the City parks or elsewhere other than on the public roads and streets. (Code 1959, §16-17)

It shall be unlawful to operate any motor vehicle in excess of fifteen (15) miles per hour upon any of the streets or drives of any park; provided, however, the provisions of this section shall not be effective or applicable to any particular street or way in any such public park until appropriate signs shall have been erected along such street or way indicating the speed limits applicable thereto as herein prescribed. (Code 1959, §16-18) Cross reference: Speed limits within the City generally, §§11-2091—11-2093. State law references: Municipal speed limits generally, G.S. 20-14(b); authority to regulate speed in parks, G.S. 20-169.

(a) When official approval signs shall have been erected upon any street, way or other place within any public park of the City prohibiting parking within the specific areas designated by such signs, it shall be unlawful for any person to park any motor vehicle, bicycle or other vehicle, or to allow, permit or suffer any motor vehicle or other vehicle to stand or park, in any such street, way or other place within any such public park. Upon the recommendation of the Director of Parks and Recreation, the Director of Transportation shall cause appropriate signs to be provided and erected at such places as designated by the Director of Parks and Recreation designating the areas within which such parking is prohibited. (b) It shall be unlawful for any vehicle to park on any of the streets within any of the public parks or play areas of the City for the purpose of vending goods, wares or merchandise. (c) Violation of this section is an infraction and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §16-19; Ord. No. 2022-339 , §4, 2-15-22) Cross reference: Parking restrictions in City-owned parking areas, §11-2175.

Areas adjacent to the arts and crafts building at Pullen Park which have been set aside and designated by appropriate signs as parking areas for vehicles may be used only by those participants in the arts and crafts program who have been issued a permit by the Parks and Recreation Department authorizing them to use such areas for parking. Persons not so authorized who use this designated area for parking shall be deemed trespassers and may be prosecuted. It shall further be unlawful for any vehicle to park on any roadway or in any designated space of a City park except for the purpose of using the park, its facilities and programs. Parking at all City parks shall be for park patrons only. Violations of this section shall be an infraction and vehicles in violation may be towed pursuant to law. (Code 1959, §16-19.1; Ord. No. 1989-350, §1, 4-18-89; Ord. No. 2022-339 , §5, 2-15-22)

It shall be unlawful for any person to throw any rubbish, stones or other debris, paper or trash of any kind into any lake or pond or within any park of the City. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. 2022-339 , §6, 2-15-22) State law reference: Authority to prohibit littering, G.S. 160A-303.1.

Unless specifically authorized by Council, it shall be unlawful for any person to bathe, swim or wade in any City-owned or maintained lake, pond, fountain or other water feature. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1984-383, §1, 7-17-84; Ord. No. 2022-339 , §7, 2-15-22)

It shall be unlawful for any person to attach a swing to any tree, or to climb any tree; or to rob or break up and destroy any birds' nests or to foul in any manner any spring or branch within any park of the City. (Code 1959, §16-22)

(a) It shall be unlawful for any person to pull or forage any flowers or fruits, whether wild or cultivated, vegetable or plant life, cut down trees or saplings, break limbs or branches of trees or bark trees, or injure shrubbery or plants, or to girdle any tree within any of the City parks, City park facilities, City lakes and ponds, City cultural and historic resources, City cemeteries, or City greenways. (b) It shall be unlawful for any person to excavate any earth from any City park, City park facility, City lake or pond, City cultural and historic resource, City cemetery, or City greenways, or remove earth and artifacts therefrom, except by written authorization of the Parks, Recreation, and Cultural Resources Department Director or the Director's designee. Violation of this subsection is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (c) It shall be unlawful for any person to scatter cremated remains on or within Parks System property, except by written authorization of the City Manager or the Manager's designee. (Code 1959, §16-23; Ord. No. 2017-663, §1, 1-17-17 ; Ord. No. 2022-339 , §8, 2-15-22)

It shall be unlawful for any person to make a fire for any purpose except at locations where facilities are provided on the grounds of any of the City parks.

It shall be unlawful for anyone to destroy or to take down, without permission from the Director of Parks and Recreation, any notice or sign displayed on any recreation or other park facility or area being permanently or temporarily used by the Parks and Recreation Department. It shall be unlawful for anyone to use or enter upon any recreational facility or area which they are temporarily or permanently prohibited from using by means of (1) any written or published notice, (2) signs made or caused to be made by the Parks and Recreation Department, or (3) verbal request that such facilities or areas are not to be used or entered upon, when such request is made by officially identified Parks and Recreation Department personnel. Any person or persons who are requested by Parks and Recreation Department personnel properly and officially identified as such to desist in the use of any park, or to leave a park or recreation facility or area, or any area or facility being used for parks and recreation purposes, shall do so without delay and without argument or physical, or other, resistance. (Code 1959, §16-27)

It shall be unlawful for any person to openly carry or possess on or about his person any deadly weapon including but not limited to any: bowie knife, dirk, dagger, sling-shot, loaded cane, metal knuckles, razor, stun gun, pistol, revolver, gun, rifle, or nightstick at any meeting, assemblage, or parade on any property, street, alley or other public way, park, greenway. It shall be unlawful for any person to possess or carry a legally permitted concealed handgun on or at any City owned playground, athletic field, swimming pool, or athletic facility as defined in G.S. 14-415.23. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment; nor shall this section apply to weapons used solely for instructional classes or for officially sanctioned ceremonial purposes. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of five hundred dollars ($500.00) and/or imprisonment. In addition to said punishment, any person convicted under this section will be prohibited from entering on park property of the City or participating in Parks and Recreation activities for a period of up to one year. (Code 1959, §16-29; Ord. No. 1992-39, §1, 9-1-92; Ord. No. 2011-989, §2, 12-6-11) Cross reference: Firearms; discharge within City, §13-2010.

(a)Required; scope. Any individual, organization, corporation, association, society, fraternity, club, order or group of whatever kind desiring the use of the public parks owned or controlled by the City as the location for a rally, demonstration, march, public speech, public meeting or other similar activity shall make written request therefor not less than seventy-two (72) hours prior to the date of the intended use. This section shall apply only to assemblages where the expected attendance will be more than one hundred (100) people. No such assemblage may be held except during daylight hours. Violation of this subsection after being notified of its requirements is a misdemeanor. (b)Distribution of food prohibited. No individuals or group shall serve or distribute meals or food of any kind in or on any City park or greenway unless such distribution is pursuant to a permit issued by the Parks, Recreation and Greenway Director. (c)Application; information. The application shall be submitted to the Chief of Police and shall state the name of the individual or organization and the name and address of its principal officers and of its directors or other governing body and shall also contain such other pertinent information as may be required by the Chief of Police in order to clearly identify the organization submitting the request and the individuals principally engaged in the conduct of its affairs. The request shall state the use to which the public propertyshall be put and the date and hour for which the use is requested and the expected duration of such use. (d)Determination by Police Chief. If the Chief of Police shall conclude that the requested use will not hinder or impede any regularly established use of the parks and will not adversely affect their care, protection or maintenance or create a nuisance by such use, the Chief of Police shall grant permission for such use. If the Chief of Police shall determine otherwise, the request shall be denied. (e)Weapons prohibited. No person shall openly carry or possess at any such meeting or assemblage any firearms or other deadly weapon as defined in §9-2021 herein. No person shall carry or possess a legally permitted concealed firearm at any such meeting or assemblage if the same is held at a playground, athletic field, swimming pool, or athletic facility as defined in G.S. 14-415.23. Violation of this subsection is a misdemeanor. (f)In addition to any other remedy, a violation of this section may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §16-29.01; Ord. No. 1998-440, §2, 10-21-98; Ord. No. 2011-989, §3, 12-6-11; Ord. No. 2022-339 , §9, 2-15-22) Editor's Note: Ord. No. 1998-440, §2, adopted Oct. 21, 1998, provided for the relettering of the former subsection §9-2022(b) as (c) and added a new subsection (b) as set out herein. That addition necessitated the relettering of subsections (c) and (d) as (d) and (e).

(a)Definitions. Amusement areas means the areas of Pullen Park and John Chavis Memorial Park containing carousels, paddle boats, trains, or other amusements. Commercial use means any activity conducted for pecuniary or commercial gain including private lessons, classes, or group activities where the lesson, class, or activity has a fee or other monetary barrier to entry. "Commercial use" also includes any lesson, class, or commercial activities taking place on park system property that is associated with any trade, occupation, profession, business, or franchise. "Commercial use" does not include activities conducted on the City's behalf or in conjunction with the City. Designated areas means those portions of park system property designated by the Parks Director as appropriate for commercial use. Designated areasshall not include parks system property that is available for individual rental, such as picnic shelters and athletic fields. Parks Director means the Director of the Parks, Recreation, and Cultural Resources Department. Park system property means a City park, City park facility, or City greenway. (b)Permit, Rental or Booking Agreement Required forCommercial Use. Commercial use of any park system property is unlawful without first obtaining a permit from the City authorizing the use or entering into a rental contract or booking agreement with the City authorizing use of a specific facility. Events permitted under the City Council's Special Event Policy may use park system property only as specifically authorized in the special event permit. Permits for any other commercial use of park system property are issued by the Parks Director or the Director's designee. (c)Permit Standards; Fee. (1) The Parks Directormay issue a permit authorizing commercial use of designated areas at specific times and dates stated in the permit if the Director determines that: (a) the use is a recreational program or recreation-related activity; (b) the use will not restrict or impede access for the general public to the area used commercially; (c) the use does not conflict with a recreational program offered by the City; (d) the use will not pose a safety risk to persons or property; (e) the use will not create an undue burden on the park system property sought; and, (f) within the prior twelve (12) months, the applicant has complied with all requirements of a previous commercial use permit. (2) The Parks Directormay impose reasonable conditions on any permit issued to protect the public, preserve park system property, and provide equitable use of public facilities. Conditions may include requirements for insurance, indemnity agreements, participant releases and waivers of liability, identification of responsible persons, reporting requirements, limits on the number of participants, limits on areas, days, or times of use, and any other condition or safeguard to lessen impacts that the commercial usemay cause. The permit holder and all participants in the commercial use shall comply with all conditions on the permit and shall also comply with applicable Federal, State, and City laws. (3) The Parks Directormay charge an annual fee of up to $25.00 for each permit application submitted. One application may seek commercial use at up to four designated areas. (4) A permit authorizes commercial use by the permit holder as described in the permit. Commercial use permits cannot be transferred to any other person. (d)Permit Scope. A commercial use permit does not grant exclusive use of space. A permit provides the permit holder a license for the activity in the designated areas and is revocable at will. The permit holder and participants must share the designated areas with other users and cannot block public access. Permit holders shall make certain that the commercial use does not damage park system property. Permit holders shall not store equipment or apparatus within park system property, or create a hazard to other users of park system properties. (e)Permit Duration; Suspending or Terminating Permits. Commercial use permits expire at the end of each calendar year. Commercial use permits are also revocable at any time in the City's sole discretion. The Parks Director or the Director's designee shall temporarily suspend a permit if the Director determines that City operations require it or if a conflicting special event will use the space. The Parks Director or the Director's designee shall terminate a commercial use permit if the commercial use damages park system property, injures or damages property of other persons using park system property, if a permit holder violates any condition of a permit, or if the commercial use conflicts with a City program. The Parks Director or the Director's designee may terminate a permit holder's commercial use at a specific designated area if the permittee repeatedly fails to use that area. A permit holder may appeal a decision to terminate a permit to the City Manager or the Manager's designee by filing a written notice with the City Manager within ten (10) calendar days after the decision is mailed to the permit holder. (f)Producing Permit Upon Request. A permit holder shall ensure that the permit is present in the designated area during the commercial use. Upon request by any Raleigh Police Officer or any member of the Parks, Recreation, and Cultural Resources Department, a person engaged in commercial use of parks system propertyshall immediately produce the permit. (g)Commercial Use Prohibited at Certain Facilities. The Parks Directorshall not issue a permit under this section for commercial use of any City tennis court, City pool, or amusement areas. No person shall engage in commercial use at the City's tennis courts, City pools, or amusement areas. (h)Violations. A violation of this section is a misdemeanor and may also be enforced through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. 2015-439, §1, 5-19-15, eff. 5-24-15 )

It shall be unlawful for anyone to hunt, destroy, trap or otherwise capture or take any animal, wildlife, migratory birds or other fowl within a City park except when specifically authorized by the Council.

So long as either the City of Raleigh or Wake County shall operate a twenty-four-hour a day emergency homeless shelter, it shall be unlawful to camp or stay overnight in or on any City park, greenway, street, or any other City property without first receiving a permit from the Director of Parks, Recreation and Greenways. Camping shall include, but not be limited to, the erection or use of tents, shelters, huts and bedding, or the storage of personal belongings, or the building of fires for heating or cooking. No person shall camp, sleep, or rest in a prone position at Nash Square, Moore Square, the Transit Transfer Center, the Fayetteville Street Mall or the Upchurch Municipal Building Complex at any time of the day or night except by permit as a part of an approved the Parks, Recreation and Greenway Department program. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1981-709, §1, 7-21-81; Ord. No. 1988-270, §1, 11-15-88; Ord. No. 1998-439, §1, 10-21-98; Ord. No. 1998-440, §1, 10-21-98; Ord. No. 2002-162, §1, 2-19-02; Ord. No. 2022-339 , §10, 2-15-22)

In addition to the regulations set out in Article B of this chapter, §9-1011et seq. , regulating activities in City parks, the following activities are specifically made unlawful in Walnut Creek Park and at the Walnut Creek Amphitheater: (a) It shall be unlawful for any person, other than an agent or employee of an authorized lessee, while on park property, to offer for sale or sell tickets to any event appearing at the Walnut Creek Amphitheater on the day of the attempted sale or at any future performance date. (b) It shall be unlawful for any person to offer for sale or sell any merchandise of any kind in the Walnut Creek Park on the day of a performance at the Walnut Creek Amphitheater unless such sale is carried out by an agent or employee of an authorized lessee of the Walnut Creek Amphitheater. (c) It shall be unlawful for any person to conduct a pyrotechnic display anywhere in the park without the express written consent of the City Manager. Before granting such consent, the Manager shall consider the duration of the display, its location, and the time at which the display is to occur. (d) It shall be unlawful for any person to urinate or defecate in Walnut Creek Park unless such urination or defecation takes place in a designated indoor toilet facility. (e) It shall be unlawful for any performance of any type at Walnut Creek Amphitheater to continue past 11:30 p.m. (Ord. No. 1991-826, §1, 8-6-91)

(a)Definitions. As used in this section, except where the context clearly requires otherwise, the words and terms used in this section shall have the following meanings: (1) Bicycle. A non-motorized vehicle with two (2) or three (3) wheels tandem, a steering handle, one (1) or two (2) seats, and pedals by which the vehicle is propelled, and also bicycles with helper motor rated less than one (1) brake horsepower which produce only ordinary pedaling speed up to twenty (20) miles per hour. (2) Skateboard. A non-motorized vehicle with two (2) pairs of wheels tandem mounted below a single horizontal board upon which the rider stands erect and is propelled by pushing off the travel surface with one (1) foot. Steering is achieved by shifting the body weight from one side to the other. (3) Rollerskates. A non-motorized vehicle with two (2) pairs of wheels tandem mounted on shoes worn by the rollerskater. The rollerskater stands erect and is propelled by pushing off the travel surface with each foot. Steering is achieved by shifting the body weight from one side to the other. (4) In-line skates. A non-motorized vehicle with three (3) to five (5) wheels mounted in-line on shoes worn by the skater. The skater stands erect and is propelled by pushing off the travel surface with each foot. Steering is achieved by shifting the body weight from one side to the other. (b)Use of the Greenway System. Non-motorized vehicles as defined herein may use the system of Greenway trails designated as such by the City so long as any user of such a vehicle complies with all traffic regulations applicable and so long as the operator shall stop or otherwise yield the right-of-way to pedestrian traffic. No non-motorized vehicle shall exceed a speed of ten (10) miles per hour while being operated on the Greenway Trail system. (Ord. No. 1993-249, §1, 8-3-93)

(a)Definitions. Except where the context clearly requires otherwise, the words and terms used in this section shall have the following meanings: (1) Skatepark. A City-owned facility specifically designed, constructed and designated by on-site signage as an area in which persons may engage in skateboarding, in-line skating, and other allowed conveyances. Such facility may include obstacles such as ramps, "half-pipes", bowls and other structures which may be used in the course of such activities. (2) The terms "bicycle," "skateboard," "rollerskates," and "In-line skates"shall have the same definition as set out in §9-2027 of the Code. (b)Skateboards and In-line skates may be used within a Skatepark. It shall be unlawful to use any other conveyance of any type within a Skatepark, including but not limited to, bicycles or rollerskates, unless the Skatepark is specifically designed, constructed and designated by on-site signage with the approval of the Director of Parks and Recreation as an area for the use of other conveyances. (c)[Protective helmet and pads.] Any person using or riding a skateboard,In-line skates,or other allowed conveyance, in a Skatepark or in any Parks and Recreation facility in which a Skatepark is located shall wear a protective helmet with the chin strap securely fastened under the chin, and protective elbow pads and kneepads. To meet the requirements of this section, the pads and helmet must be in good condition, and the helmet must meet the current standards of the Consumer Product Safety Commission (CPSC), American National Standards Institute (ANSI) or SNELL. Any person using the Skatepark shall also wear closed-toe shoes while riding any allowed conveyance. (d)[Violation by a minor.] It shall be unlawful for the parent or guardian of any minor child to permit such minor child to use the Skatepark in violation of this section. (e)[Waiver and indemnity agreement.] Prior to first using a Skatepark, all persons using or riding a skateboard,In-line skates, or other allowed conveyanceshall sign a waiver of liability and indemnity agreement on a form furnished by the City. No personmay use or ride a skateboard,In-line skates, or other allowed conveyance at a Skatepark without having the required waiver and indemnity agreement in force. If a participant is under eighteen (18) years of age, the required form shall be signed by a parent or legal guardian, and an additional form shall be signed by the participant upon reaching the age of eighteen (18). The form shall apply to each and every use of a Skatepark thereafter by the participant; provided that the Citymay, in its discretion, periodically require that a new waiver of liability or indemnity agreement be signed. (f)[Rules and regulations.] Persons using a Skateparkshall comply with rules and regulations established by the Director of Parks and Recreation and maintained in the Director's Office. All persons at a Skatepark shall obey posted regulatory signs. (g)Enforcement. Violations of this section shall be deemed infractions pursuant to G.S. 14-4, punishable by a fine of up to fifty dollars ($50.00) and any other costs as prescribed by law. In addition, violations may be addressed through administrative remedies imposed by rule enacted by the Director of Parks and Recreation, including expulsion from the Skatepark and the facility in which it is located. (Ord. No. 2009-564, §1, 4-7-09)

Dogs are hereby prohibited from being in any playground area in a City park or in any area under the jurisdiction of the Parks, Recreation and Cultural Resources Department. A playground area is a fenced or unfenced area containing manufactured or naturally derived play equipment or elements used by children. It may also contain adult equipment or elements if developed as an intergenerational play space. Play equipment has prescribed use zones requiring safety surfacing to protect against impact injury. The area may have associated features such as a sand play area, play lawn, water play feature, as well as amenities such as benches, picnic tables, trash receptacles and signage. (Ord. No. 2014-282, §1, 4-1-14, eff. 5-1-14)

The recreation division of the Department of Parks and Recreation shall have as its objectives the planning, administering and supervising of a wide variety of recreation program opportunities and the fulfilling of the leisure needs of all ages and skill levels including programs for youth, the elderly, the mentally retarded, and the physically and visually handicapped. The park ranger program shall also come under the jurisdiction of this division and shall be used for the creation and implementation of better public relations as well as the protection of park property and its users.

There shall be appointed a superintendent to have charge of City cemeteries. (Ord. No. 1991-736, §1, 2-19-91)

(a) Persons desiring to purchase lots in the City's cemeteries must apply to the Director of Finance or his appointed representative whose duty it shall be to execute the sale of lots and receive cash or to assess charges. All fees for lot purchases are to be paid or assessed as provided in §9-4010(d) prior to execution of deed. (b) Prices for purchases of grave space in City cemeteries are set forth in the City of Raleigh Fee Schedule. Prices shall be seventy (70) per cent of the local prevailing market price, as determined by the superintendent and according to a schedule of charges approved annually by the City Manager. "Local prevailing market price" shall be the average fee charged by non-church-related, commercial cemeteries in the City as of July first of each year. (c) A schedule of all cemetery charges (lot prices, inter and disinter fees, etc.) shall be available for inspection in the offices of the Cemeteries Supervisor and the Budget and Management Services Department. A schedule of all cemetery charges shall be made available to all funeral directors within the City. (d) A person has the option of purchasing one, two (2), three (3), or four (4) lots. No more than four (4) lots will be sold to an individual. No lot or lots may be resold except back to the City at the original sale price to the owner. (e) The superintendent may limit the sale of lots to one section at a time. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2019-949, §§1(Att.), 7, 6-4-19, eff. 7-1-19 )

Sales of cemetery lots will be made to funeral homes only for purposes of interment of a specific individual. Such sales are intended as a convenience to those persons and families suffering the death of a loved one and to allow funeral homes to make arrangements on their behalf. Though funeral home businesses will be responsible for making payment to the City for the purchase of lots under this section, all cemetery lot deeds will be issued in the name of the individual, and not in the name of the funeral home. (Ord. No. 1991-736, §1, 2-19-91)

(a) On payment of the sum required, the Finance Director or his appointed representative shall validate a receipt (certificate of purchase) and give to the purchaser of any lot, specifying the lot or lots and the price thereof. A copy of the receipt shall be used for the issuance of a deed which shall be properly recorded and indexed (both numerically as to receipt and alphabetically as to purchaser). The superintendent shall be notified of the sale of lots. (b) A deed signed by the City Clerk and sealed with the legal seal of the Cityshall be executed and mailed or delivered to the address set forth on the receipt. (c) In case of the loss or destruction of a deed as provided in paragraph (b) of this section, the City Clerk, on proof satisfactory of such loss or destruction, shall have issued a new deed executed as hereinbefore set out to the original holder upon payment of the required fee as set forth in the schedule of all cemetery charges. (Ord. No. 1991-736, §1, 2-19-91)

(a) The superintendent shall supervise the digging of all graves in the cemeteries and the exhuming of all bodies therein interred. The interment property is for burial of human remains only. (b) No interments or disinterments shall be permitted on New Year's Day, Good Friday, Independence Day, Thanksgiving, or Christmas Day and all Sundays, hereafter referred to as excluded holidays. (c) The cemetery supervisor shall be notified at least twenty-four (24) hours prior to an interment. In the event of a Monday interment such notice must be given on the preceding regular City workday. (d) The normal operating hours of the cemeteries are 8:00 a.m. to 4:00 p.m., Monday through Friday of each week, except for the holidays noted above. (e) Interment will be made on Saturday or nonexcluded holidays as observed by the City only upon assessment of an additional charge. All funeral processions entering the cemetery grounds after 4:00 p.m. on any normal work day will also be required to pay an additional charge. All additional charges are outlined in the schedule of cemetery charges. (Ord. No. 1991-736, §1, 2-19-91)

A person who desires to have removed from his or her lot or vault the remains of a person interred therein shall apply in writing addressed to the cemetery supervisor, setting forth in such application the name of the deceased, the date and cause of death, relationship of deceased to applicant, number of lot, vault, or space in which then interred, and the number of lot, vault, or space (or name of cemetery, if elsewhere) in which the remains are to be reinterred, and reason for removal. But no such permission for such disinterral shall be granted, nor shall such disinterment be made until the application has been approved by the Health Department. (Ord. No. 1991-736, §1, 2-19-91)

Any person desiring to have reinterred the remains of a person brought from another cemetery or burial place shall furnish the cemetery supervisor with a certificate from the Health Department, setting forth, if possible, the name, age, sex, marital status, cause and date of death, and last residence of deceased, and name and location of former burial place. The cemetery supervisor, upon evidence of payment of charges as set forth in the schedule of all cemetery charges, shall have the remains properly reinterred in such place as may be selected by the person having charge of such remains. (Ord. No. 1991-736, §1, 2-19-91)

It shall be the duty of the superintendent to see that all laws concerning the cemeteries are duly observed and enforced. (Ord. No. 1991-736, §1, 2-19-91)

(a) The superintendent shall keep the cemeteries in a neat and clean condition. It shall be unlawful for any lot owner to plant any tree, flower, shrub or to sow seed of any kind or have such things planted or sown on his lot without the written approval of the Parks and Recreation Director or his designee. Any such planting or sowing done without permission will be immediately removed. It shall further be unlawful for any unauthorized person to trim, prune, or remove any branch from any plant or flower from any City owned cemetery property. (b) All graves shall be at least five (5) feet deep. Two (2) infants or two (2) cremains may use one lot. (c) All gravemarkers and monuments shall be set on foundations. All markers must be set even with the lawn, so that maintenance machines may pass over them safely without damage to the marker or machine. All markers installed after January 1, 1991, shall be size two (2) feet by one and one-half (1½) feet by four (4) inches. All gravemarkers placed on lots are to read over the ground toward front of lot. Only one marker will be permitted on each lot. (d) Monuments will not be authorized in the southeast section of Mt. Hope Cemetery as bordered by Prospect Street and Fayetteville Street. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2011-829, §1, 1-18-11)

No person other than the regularly appointed superintendent's representative shall dig any grave or disinter any body in the cemeteries belonging to the City. Complete and accurate records are to be maintained on all interments. (a) Charges for interments and disinterments of adults shall be based on actual costs as determined annually by the City Manager. For the purpose of this subsection, "actual costs" shall consist of charges for labor and the use of equipment. Records substantiating such actual costs shall be kept by the cemetery supervisor. All fees are to be paid at the office of the Finance Department or assessed, as provided in (d) below, prior to interment or disinterment. The cemetery supervisor shall be notified of payment of fees. (b) Any charge based on actual cost shall be established by the City Manager within sixty (60) days following July first of each year. (c) Interment or disinterment of infant or child cremains shall be fifty (50) per cent of the fee charged for adult interments as determined in paragraph (a) of this section. (d) Payment shall be deemed satisfied either by the payment of cash by the purchaser or an extension of credit to a funeral director. Funeral establishments handling interments may be extended credit by the Finance Department. The use of such credit shall be deemed as assessment of charges. All credit transactions, billings, and collections shall be accomplished by the Finance Department. (e) All burials on or after January 1, 1991, will be in a commercially procured graveliner or vault that has been approved by the superintendent. The minimum requirements for concrete liners shall be one and one-half-inch (1½) sidewall thickness, two-inch top thickness, two-inch bottom thickness, and three thousand (3,000) PSI. The minimum requirements for a steel vault shall be a twelve-gauge thickness top, sides, and bottom. Wooden or other shortterm liners are not allowed. No liners are required for cremations. (f) Funerals starting after 4:00 p.m. on weekdays, or all day Saturday and nonexcluded holidays as observed by the Cityshall be charged an additional fifty (50) per cent for interments. (Ord. No. 1991-736, §1, 2-19-91)

No personshall dig any grave, put any gravestone or board, or make any erections, or dig up any sod on any private burial lot, except under the direction or by consent of the owner thereof. The placing of headstones and grave markers over individual graves shall be permitted. The Cityshall bear no responsibility for the care, theft, or damage of and to any such headstones or grave markers. Headstones and grave markers may be installed between the hours of 8:00 a.m.—4:00 p.m., Monday through Friday. Natural cut flowers, artificial flowers and potted plants may be placed in vases attached to headstones or on the grave at any time of the year. They will be removed when they become unsightly or interfere with cemetery operations. The City does not permit adornments that are considered offensive, inconsistent with the dignity of the cemetery, or dangerous to City personnel and these items will be removed at any time. The City of Raleigh shall provide for the continuing care, maintenance, operation, and improvements to the City cemeteries. In general, this shall include road maintenance, mowing, pruning, landscaping or removal of plant material, policing of the grounds, pest control, and such other maintenance as may be necessary to keep the cemeteries presentable. The Parks and Recreation Director or designee may enter upon any grave, mausoleum, memorial, or cremation location in order to correct conditions deemed detrimental, unsightly, or posing a threat to public safety, or rendering access to any lot inconvenient. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2011-829, §2, 1-18-11)

No personshall willfully and unlawfully remove the stakes from a burial lot, or any board, gravestone, or other monument which may have been erected at any grave, or deface, injure, or destroy any such board, gravestone, or other monument in any manner. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2022-339 , §11, 2-15-22)

It shall be unlawful for any person to cut, break, remove, or in any other manner injure or destroy any flower, either wild or cultivated, in the cemeteries. (Ord. No. 1991-736, §1, 2-19-91)

It shall be unlawful for any person to deposit, or cause to be deposited, any filth or unclean or offensive substance in a City cemetery. (Ord. No. 1991-736, §1, 2-19-91)

It shall be unlawful for any person to excavate any earth in a City cemetery, or remove the same therefrom, except by the consent or under the direction of the superintendent, or of some other officer legally authorized. (Ord. No. 1991-736, §1, 2-19-91)

It shall be unlawful for any person to use the City cemeteries as a playground. (Ord. No. 1991-736, §1, 2-19-91)

There shall be no fence erected around any lot within the limits of City cemeteries. (Ord. No. 1991-736, §1, 2-19-91)

All persons are forbidden to trespass upon private lots or to go across lots, either private or belonging to the City, in the City cemeteries, except in case of a burial, visit to lot by owner, relative, or friend in the course of maintaining the grounds. All noncity employees driving automobiles in the cemeteries shall keep within drives. (Ord. No. 1991-736, §1, 2-19-91)

(a) A cemetery lot may be determined to be abandoned by the superintendent according to the following standards and procedures: (1) Upon investigation, the superintendent shall determine that there has been no interment in the lot for a period of fifty (50) years from the date of purchase; (2) The superintendent shall conduct a reasonable effort to locate the listed owner, including the sending of certified mail inquiries to the owners' last known address, and attempting to contact the owners' immediate family by mail or telephone; and (3) Upon making the investigations outlined above, and if no valid response(s) are recovered, the superintendent shall certify and report these efforts to the City Council and request the Council to publish notice of its intent to determine that the lot has been abandoned once a week for four (4) successive weeks in a newspaper published in the City, such notice requesting the purchaser, his or her heirs, or immediate family members to report to the City that the lot is intended to be used and has not in fact been abandoned. Upon receiving no valid responses to the published notice as described herein, the lot and all rights of burial thereon, shall revert to the City, which may then resell the lot in due course. In the event the original owner reappears after the resale of the lot or lots, a full refund of the original purchase price shall be made by the City. (b) These provisions, or an accurate summary thereof, shall be included in the provisions of any deed to a cemetery lot sold by the City. (Ord. No. 1991-736, §1, 2-19-91)

(a) The Parks and Recreation Director shall establish hours of operation and post the same at the entrances of City Cemetery, O'Rorke-Catholic Cemetery, and Mt. Hope Cemetery. It is unlawful for any person except a City employee or contractor to be on cemetery property outside the hours of operation without written permission from the Parks and Recreation Director. It is further prohibited for anyone to enter or leave the cemeteries other than by the established entrances and exits. (b) Vehicular access and operation in the cemeteries shall be permitted as follows: (1)CityCemetery. No vehicles are permitted within City Cemetery except for vehicles associated with cemetery maintenance, scheduled contractual work, or visitors with physical disability. No vehicular access shall be permitted outside regular business hours except as approved by the Parks and Recreation Director or designee. Access on weekends and holidays must be arranged twenty-four (24) hours in advance through the cemetery director. (2)O'Rorke-Catholic Cemetery. No vehicles are allowed within this cemetery except for vehicles associated with cemetery maintenance or scheduled contract work. (3)Mt. Hope Cemetery. Vehicles are permitted so long as they do not exceed ten (10) miles per hour in speed, remain on roadways at all times when not involved in maintenance or grave preparation or closure, if parked do not obstruct other traffic. Any vehicle obstructing operations may be towed. (Ord. No. 2011-829, §3, 1-18-11)

(a) Children under twelve (12) years of age unless accompanied by an adult assuming responsibility for the child. (b) Delivery vehicles not on City business. (c) Firearms unless carried by law enforcement officers or a military honor guard. (d) Intoxicating beverages. (e) Dogs except for service animals or law enforcement animals. (f) Camping, hunting, playing, and loitering. Running is permitted on paved surfaces only. (g) Cutting picking, pulling flowers or plants, gathering berries or fruits or nuts, breaking branches form any shrub or tree. (h) Littering (i) Sitting or climbing on a marker, monument, mausoleum or fixture of any kind. (j) Peddling, begging, soliciting or collecting. (k) Display or distribution of printed material relating to any commercial use without prior written approval of the Parks and Recreation Director or designee. (l) Glass containers. (m) Fishing or trapping of animals. (n) Scattering of cremated remains on cemetery grounds. (o) Taking etchings and rubbings of cemetery stones is prohibited unless approved by the Parks and Recreation Director or designee. (p) Digging holes for the purpose of erecting a tent, stage, or other structure by anyone other than City staff without written permission from the Parks and Recreation Director. (q) Injure, deface, break, destroy or remove any headstone, tombstone, bench, monument, grave decoration, tree, shrub, or any other cemetery property. (r) No person shall engage in fighting or quarreling in a cemetery. No loud or boisterous music is allowed and no one shall interrupt or disturb any funeral or memorial service. (s) No historical reenactments, fundraisers, or special events unless approved by the Parks and Recreation Director or designee. (Ord. No. 2011-829, §4, 1-18-11)

(a) Duly appointed City lake wardens and watershed inspectors shall be the official custodians of the lakes owned by the City and the surrounding premises. (b) It shall be the duty of the park rangers, lake managers, wardens, and watershed inspectors to enforce all rules and regulations herein prescribed, and to insure that no indiscreet acts of any character are committed by any person upon the premises which would tend to result in the pollution or tend to affect the quality of the water supply. (c) All duly appointed enforcement personnel, state or local, including wardens, watershed inspectors, park rangers or lake managers, or state wildlife protectors shall have the power and authority to summarily deny admission to the lakes to any person known to have violated the rules and regulations or ordinances governing fishing, boating, or other uses of lake premises. In addition, all enforcement personnel shall have the authority and power to require any such person or persons to leave the premises if discovered thereon. This authority to refuse admission or to eject personsshall also apply to any person or persons having intoxicating liquors, including wine or malt beverages, or drugs in their possession or who show evidence of being under the influence of alcohol or drugs. (d) It shall be unlawful for any person to consume any intoxicating beverage including wine or malt beverage on or about City-owned lakes. (e) It shall be unlawful for any person to spit in the lakes, to put his feet in the water, except under the conditions prescribed for wading or water skiing on or in Lake Wheeler, or to commit on the lakes or within two hundred (200) feet thereof, any nuisance or act which would tend to affect the quality of water in the lakes. (f) It shall be unlawful for any person, except duly authorized enforcement personnel, to possess a firearm or fireworks upon the premises or to discharge any firearm or fireworks from any boat on the lakes or on the shores of the lakes. Further, it shall be unlawful to hunt with dog, gun, or bow and arrow or other weapon on any lands owned or controlled by the City abutting the lakes. (g) No picnics shall be allowed upon the grounds, structures, or waters of the lakes, except where areas for this activity are specifically designated. All persons using these areas shall be responsible for disposing of any trash or litter. (h) It shall be unlawful for any person or persons to enter upon the lakes or upon the property of the City abutting the lakes except during the times and upon the areas permitted under this chapter or by other regulation.

(a) The days and hours of operation for each lake shall be established by the Department of Parks and Recreation in conjunction with the Department of Public Utilities and shall be posted upon the premises, except that in no event shall the public be allowed upon any lake for any activity except from dawn to dusk. (b) The Department of Parks and Recreation, in conjunction with the Department of Public Utilities, shall establish all conditions for each concessionaire operating at any City lake and the rights and privileges of such concessionaire shall be expressly subordinate to and conditioned upon compliance with all such conditions and regulations. All concession contracts shall be approved by the Council before becoming effective. (c) Any fees to be charged members of the public for use of any facility or activity on or about any City lake shall be prescribed by the City Council or be imposed pursuant to a properly approved concession agreement. A schedule of current fees shall be maintained in the Budget and Management Services Department, and is hereby incorporated by reference into this Code. (d) The Department of Parks and Recreation is hereby empowered to establish regulations limiting the number of season passes for boating in addition to prescribing the number of daily passes which shall be available for various classes of boats, including but not limited to, the establishment of guidelines for the total number of boats or classes of boats which shall be allowed upon each lake at any given time. (e) It is further provided that, in that the primary nature of the lakes herein regulated is the provision of a safe and adequate water supply for the City of Raleigh, the Director of Public Utilities is hereby empowered to close or to limit access to or the use of any lake facility where, in his discretion, such limitation is reasonably necessary to the proper protection of the water supply. (Ord. No. 1998-454, §15, 11-4-98; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 )

(a) It is hereby provided that all laws of the State of North Carolina regulating or limiting the manner of taking, size, weight or number of fish taken and related matters shall be in full force and effect and shall be enforced by all wardens, park rangers and state wildlife protectors. (b) In addition to all controls imposed by state game laws, it shall be unlawful for any person or persons to take any fish by seining, trapping or by trotline. Further, fish may be taken only by a pole or rod and reel baited with natural or artificial bait. (c) Except as provided under §9-5007, no bank fishing shall be permitted upon any lake owned or controlled by the City of Raleigh. Fishing shall be permitted only from a boat furnished or authorized by the proper authority or from a pier erected for that purpose. (d) No personshall fish except upon those days and during those hours designated by the Department of Parks and Recreation in conjunction with the Director of Public Utilities. (e) Wardens, park rangers and state wildlife protectors shall have the right upon request to inspect any catch and to make a proper record of the catch. (f) All fishing concessions shall be governed by contract, awarded only after open competitive bids, following an invitation for bids published once in each of the daily newspapers published in the City at least ten (10) days before the bids are opened. All required contract provisions shall be established by the Department of Parks and Recreation in conjunction with the Director of Public Utilities. These provisions shall include, but are not limited to, a requirement that the successful bidder procure and maintain a liability insurance policy in an amount established by administration, that the contractor shall obey all state and local rules and regulations, and that the contract may be terminated upon breach of any condition of the contract. Any fishing, boating or other recreational activity may be terminated in the interest of the public health, safety and welfare in the discretion of the director of the Department of Public Utilities. The contractor shall have no cause of action against the City for any such suspension or termination.

(a) Except as to Lake Johnson as provided in this subsection and as to Lake Wheeler as provided in §9-5007 herein no private boat of any type shall be allowed upon any lake at any time, except upon the conditions and at the times designated in this section. Non-powered boats capable of being transported on the top of a full size passenger car or in the bed of a one (1) ton pickup truck may be launched at Lake Johnson at locations and times marked and published by the Park Manager. (b) Except as provided in §9-5007 for Lake Wheeler, no private boat shall enter or leave any lake where boating is permitted except from ramps or docks provided by the City. Every boat used on every City owned lake shall have a U.S. Coast Guard approved life preserver for each occupant and no personshall use a boat on the lake unless it is so equipped. The life preserver requirement found in the previous sentence shall not apply during events and event practice sessions for events sanctioned by the City of Raleigh and U.S. Rowing or, at any other event specifically approved by the Raleigh City Council after making a finding that the public health and safety will not be endangered. (c) Each boat shall be equipped with a pail, which shall be used for sanitary purposes. (d) Except as provided in §9-5007 for Lake Wheeler, no gasoline, kerosene, or other petroleum-powered motors shall be permitted upon the lakes. Except as otherwise provided herein, all boats shall be propelled by means of oars, paddles or electric motors. Further, duly authorized wardens or park rangers may employ gasoline engines for emergency or enforcement purposes. (Ord. No. 2002-206, §§1, 2, 6-1-02; Ord. No. 2004-583, §1, 3-2-04)

No recreational activities of any nature shall be permitted at any time or for any purpose upon Lake Raleigh or Beaver Dam Reservoir or its environs.

(a) All of the foregoing sections, to the extent applicable, shall be in full force and effect upon each lake and at all times. (b) Fishing and boating shall be permitted upon the conditions set out in §§9-5003 and 9-5004. (c) No more than sixty (60) boats shall be permitted at any time upon the surface of Lake Benson. (d) Notwithstanding anything else in this Part, the Raleigh Public Utility Department shall have jurisdiction and control over Lake Benson and shall be responsible for its care and operation both as water supply and a recreational facility. When the water supply function conflicts with the recreational function the water supply requirements shall control. (Ord. No. 1987-43, §1, 9-1-87; Ord. No. 2014-284, §1, 4-15-14, eff. 6-15-14)

(a) All of the foregoing general provisions, to the extent applicable, shall be in full force and effect upon Lake Wheeler at all times. (b) Fishing and boating are permitted at Lake Wheeler under the foregoing rules and regulations. Provided further, private boats may also be placed upon Lake Wheeler upon the following conditions: (1) Sailing craft may be moored on the lake during both day and night hours but no sailing of such craft shall be permitted during the hours from dusk to dawn nor shall any person remain on or about such craft during those hours. The charge shall be as provided by the Department of Parks and Recreation and under no circumstances shall any liquid petroleum product be used or stored on sailing craft. (2) Boat traffic shall move around the lake in a general counterclockwise direction. Boats returning for downed skiers against traffic shall do so with caution. Sailing craft shall also move in the same general direction with traffic. (3) Season permits may be issued to authorized boat dealers for use in instructing new boat owners in the operation of boats or demonstrating boats to prospective purchasers; provided, no boat dealer shall have more than one (1) boat on the premises or in the water at any one time and the season permit issued to boat dealers shall not be valid on Sundays or legal holidays. (4) Season permits, other than those issued to boat dealers shall be conspicuously attached to the boat before entering into City property. In the event it becomes necessary to close the lake for a period exceeding 30 days, a pro rata credit for the time the lake is closed shall be allowed on the purchase of a season permit for the next season provided that evidence is furnished that a season permit was held at the time the lake was closed as herein provided for unless the Councilshall otherwise provide. The permits herein provided shall not be transferable or assignable. (5) Motors in excess of seven and one-half (7½) horsepower shall not be operated in the area upstream from Penny Road Bridge. (6) The Parks and Recreation Department has the authority to limit the number of boats on the lake to insure safe operating conditions at all times. (7) The speed limit for all boats shall be no more than forty (40) miles per hour, except pursuant to a special use agreement approved by the Council and the State. (8) It shall be unlawful for any power boat to be operated in a manner or at a speed which will produce a wake. This restriction shall apply on Tuesdays, Thursdays and Saturdays from the opening of the park until 11:00 a.m. The operation of power boats during these periods is not prohibited unless a wake is being produced. (c) Fishing. Fishing will be permitted on any part of Lake Wheeler; however, bank fishing may be allowed only upon Simpkins Pond. Daily or season permits for launching private boats shall include the privilege of fishing by any occupant of the boat and the admission of a motor vehicle to Lake Wheeler but shall not include fishing in Simpkins Pond. (d) Water skiing, swimming and wading. (1) Swimming, except that which is incidental to skiing, will not be permitted. (2) Each water skier shall wear a Coast Guard approved vest or belt life preserver. (3) The Department of Parks and Recreation may provide for areas of Lake Wheeler where the water is not more than three (3) feet deep in which wading shall be permitted. Such areas shall be clearly designated and shall be fenced. No other ingress into the water from the banks shall be permitted. (e) Personal watercraft. No person shall operate or place a personal watercraft on the waters of Lake Wheeler. For the purpose of this subsection, "operate" means to navigate or otherwise use or occupy a vessel and "personal watercraft" means a vessel which uses an outboard or propeller-driven motor, or inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind a vessel, rather than in the conventional manner of sitting or standing inside the vessel. Editor's Note: The term "personal watercraft" used in this subsection is the same definition contained in G.S. 75A-13.3. (Ord. No. 2001-928, §1, 1-16-01; Ord. No. 2003-538, §1, 11-5-03) Editor's note: By Resolution No. 1978-755, adopted Nov. 7, 1978, the City Council applied to the Wildlife Resources Commission for special rules and regulations "establishing No Wake Zones 50 yards from the end of the docks at the main boat ramp area of Lake Wheeler." Pursuant to G.S. 75A-15.

(a) The City Council hereby delegates to the Raleigh Convention and Performing Arts Centers Authority the power to establish rules and regulations concerning the conduct and operation of the complex, provided such rules and regulations are consistent with the scope of this chapter and the laws and policies of the City, the State, and the law of the United States. (b) In preparing and promulgating their regulations, the authority shall be bound by the following guidelines: (1) The authority shall have the power to acquire and dispose of real estate only upon the approval of the City Council and in accordance with any conditions prescribed by the City Council as to the price and method of acquiring or disposing of real estate. (2) The authority shall comply with the requirements of North Carolina law relating to advertisement and competitive bidding for construction work and for the purpose of equipment, furnishings and other items of personal property, and upon receiving bids for such shall then make recommendations to the City Council for its approval prior to awarding bids. (3) All revenues received in connection with the use of the convention center complex, or any part thereof shall be remitted to the City treasury and treated as are other general revenues of the City. All disbursements of public funds by the authority shall be in accordance with procedures established and approved by the City Manager and, to the extent appropriate, in the manner used for disbursement of other funds by the City for purposes of parks and recreation or other similar activities. (4) The authority shall follow the procedure established by the City Manager and the Council for the preparation, submission, approval and use of an annual budget for purposes of funding the operations and activities of the convention center complex. (5) All personnel employed by the Raleigh Convention and Performing Arts Centers Authority in connection with the operations and use of the convention center complex shall be employed in accordance with the personnel policies of the City, upon recommendation of the authority of the convention center director, and shall be subject to the final approval of the City Manager. (c) The provisions and regulations of this chapter shall apply to the Raleigh Convention Center Complex as defined herein. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77; Ord. No. 2015-386, §1, 1-6-15 ) Sec. 9-6001.1. AUTHORITY MEMBERSHIP. Notwithstanding the provisions of Section 1-4002 of this Code, residence within the City is not required of a person selected for membership on the Raleigh Convention and Performing Arts Centers Authority by the Council so long as the person resides within Wake County. Up to two (2) non-resident members of the Authority may serve at any given time. (Ord. No. 2021-208 , §1, 3-16-21)

(a) The City Manager or his duly authorized agent, who shall be known as the convention center director, is hereby authorized to make contracts on behalf of the City for the rental and use of the Raleigh Convention Center Complex (which shall include the convention center, memorial auditorium, surrounding parking lots and other areas within and without those buildings and facilities) in accordance with the terms and provisions of this chapter and regulations of the Raleigh Convention and Performing Arts Centers Authority. It shall be unlawful to use any part of the complex for any purpose without a valid contract for the rental thereof or written permission from the City Manager or his agent. (b) The City Manager or his duly authorized agent, is authorized to waive any requirements relating to formal contracts and the payment of fees pursuant to this chapter and convention center regulations. All waivers by the City Manager shall be extended to all other similarly situated lessees of the convention center complex according to uniform procedures. (c) The City Manager or his duly authorized agent, is authorized to waive the requirements herein relating to formal contracts and the payment of fees with respect to City committees, commissions and boards desiring to use the complex for the purpose of holding public hearings and meeting the qualifications herein. (d) Any such agency desiring to hold a public hearing shall use a City facility other than the auditorium when one is available. When no such other facility appears to be available, the agencymay apply through the City Manager's office for adequate space. When no other space is available, the City Manager may authorize the use of the convention center complex by the agency for a public hearing and waive the customary requirement for a formal contract and for fees. The Manager shall report each action to the Council at its next regular meeting following the waiver decision. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77; Ord. No. 2015-386, §2, 1-6-15 )

No agreement purporting to rent or lease the complex shall be valid or effective until and unless it shall be in written or printed form, signed by an authorized official or employee of the City and by the party engaging the complex or his authorized agent. Signatures of lessor and lessee must be notarized. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

The City Manager or his duly authorized agent may enter into a written contract renting the complex to any person complying with the conditions prescribed by this article and convention center regulations, or, pursuant to such regulations, may permit any person to make a tentative reservation of the complex, for any date which has not been previously rented and which is not being held under tentative reservation. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

At the time of executing a written contract for the rental of the complex, the person desiring to rent the complex shall, as a condition precedent to a valid rental contract, make a deposit with the City Manager or convention center director as prescribed in the convention center regulations. No contract for the rental of the complex shall be made or signed on behalf of the City unless and until the deposit shall have been received by the City. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

Lessees contracting to use the complex repeatedly during any annual period may be classified and treated according to uniform convention center regulations with regard to waiver of deposits and any other items as appear in the regulations. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

Subject to the provisions of this code, the facility rental fees for the complex shall be indicated on the City of Raleigh Fee Schedule. All other fees related to the use of the complex shall be at the discretion of the Director of the Raleigh Convention Center Complex. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77; Ord. No. 2015-386, §2, 1-6-15 ; Ord. No. 2019-949, §8, 6-4-19, eff. 7-1-19 ; Ord. No. (2023) 514 , § 1, 6-6-23)

The City Manager or his duly authorized agent, may, in his discretion, by refusal to rent, reservation, competitive bidding, or by other means, resolve any actual or potential incompatibility of any actual or proposed uses of the complex. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

The lessee of the complex or any part thereof shall be responsible and liable for any and all injuries and damages to the complex buildings, fixtures, furnishings, or the land on which the buildings are located, during the period of their use under the rental contract. The lessee shall agree as a part of the rental contract to be so responsible and liable and to reimburse the City for any and all such damages and injuries. The lessee shall agree as a part of the consideration for the rental contract covering the use of the complex or any part thereof to save harmless the City for any and all accounts, bills, damages, suits, and claims in any way arising out of the use of the complex by the lessee pursuant to the written contract. The City Manager or his duly authorized agent may require the person renting the complex to furnish the City a bond or procure a public liability insurance policy in a satisfactory insurance company licensed and authorized to do business in the State (in such amounts as considered advisable by the City Manager) to insure the City and the lessee from any and all damages, claims and suits on account of injuries and/or damages sustained by third persons, firms or corporations arising or resulting from the use of the complex during the period for which rented. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

(a) When required by the City Manager or his duly authorized agent, the sponsor of a commercial dance or a combination of stage show and commercial dance or the sponsor of any other performance or activity, shall post a bond or certified check in an amount to be determined by the City Manager or his duly authorized agent to guarantee the payment of all damages to the building, fixtures or premises as a result of its use by lessee. (b) The sponsor shall likewise provide the number of police officers required to maintain order as may be determined by the Chief of Police of the City and the complex director. (c) During commercial events, the lessee(s) shall not encourage or permit members of the audience on stage nor performers to visit the seating area of the complex, without prior approval of the City Manager or his duly authorized agent. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

It shall be unlawful for any person to carry or have on or about his person, in the complex, any firearms or other weapons or articles, including but not being limited to: blackjacks; nightsticks; or flashlights, which, by their use, might constitute deadly weapons. This section shall not apply to peace officers assigned to duty in the complex, drill teams, honor guards, or items otherwise prohibited by this section of a collectible or antique nature that are being brought into the complex in association with an event or show within the complex in accordance with safety procedures and rules established by the Chief of Police of the City and the complex director. This section shall not apply to an exhibitor within an event under a contract with the City under §9-6003 if firearms are an integral part of its exhibit during the event, subject to the following requirements: the exhibitor must comply with all federal, state, and local laws governing the possession and sale of firearms; firearms may not be loaded or fired in the complex; firearms must be deactivated by removal of the firing pin, the bolt, or otherwise altered so that they are incapable of being fired; firearms and ammunition must be inspected by an authorized safety inspector approved by the complex director, utilizing standards established in consultation with the Chief of Police of the City or their designee; and the sale of firearms and ammunition is prohibited in the complex, though exhibitors may take orders for future delivery subject to applicable law. With the exception of firearms or bladed weapons, this section shall not apply to weapons brought into the complex in association with a sanctioned athletic competition held within the complex under a contract with the City under §9-6003. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77; Ord. No. 2009-595, §1, 5-19-09; Ord. No. 2014-371, §1, 12-2-14 )

Persons having concession rights in the complex shall abide by the convention center regulations. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

It shall be unlawful for any person to have in his possession or to consume any beer, wine or other intoxicating beverage at any time or event in the complex except in connection with a dinner or banquet or any other activity at which food is served and then only with the consent and approval of the complex director. No such beverages shall be consumed on the convention center complex grounds at any time. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

Hours of performances and charges for overtime use of the complex shall be governed by the convention center regulations. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

Editor's note: Former §9-6015, which concerned restrictions on smoking in the civic center complex, and derived from Ord. No. 1977-419, §1, adopted Jan. 4, 1977 and Ord. No. 1977-547, §1, adopted June 7, 1977, was repealed by Ord. No. 1988-167, §1, adopted May 3, 1988.

It shall be unlawful to park a motor vehicle in the complex parking lots when appropriate signs are posted at the entrances and exits thereto prohibiting parking. A motor vehicle parked in violation of this section may be removed from the parking lot for storage as provided in §11-2028 of this Code. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

When the parking lots at the complex not operated by a private concessionaire are not reserved for patrons and participants at performances, entertainments or other functions at the complex, there shall be a charge of not more than fifty cents ($0.50) per day per vehicle for parking in the area reserved for parking on the lots. Collection thereof shall be made in such manner as may be determined by the City Manager. A vehicle parked in the area without the payment of the parking fee shall be subject to removal from the parking area for storage at a public garage and the cost of removal and storage shall be paid by the owner of the vehicle as a condition of its surrender to the owner. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

It shall be unlawful for any person to loiter within the complex buildings or on the grounds adjacent thereto. A loiterer is defined as a person who does not buy a ticket to a performance being conducted in the complex, or has no connection with the event in progress, or who does not plan to attend the event, or who does not have legitimate business with the management of the complex, or with performance being conducted at the complex, but it shall not include persons who may be waiting in the lobby or outside the complex for the purpose of meeting people who are attending the performance. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77; Ord. No. 2022-339 , §12, 2-15-22)

(a) It shall be unlawful to skate on the floor of the complex; provided, however, this shall not be construed to prohibit the ice skating on platforms placed upon the floors in such manner as not to damage the floors. (b) No crepe paper or other paper of flammable substances that might tend to create a fire hazard shall be used for decoration purposes in the complex. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

It shall be unlawful to bring or post signs or decorations of any type in or on the building or grounds of the complex without prior approval of the complex director. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

It shall be unlawful to house animals in any part of the complex buildings, but animals may be permitted inside the buildings when they are engaged in performing as a part of any circus or show; provided, however, the City Manager may prohibit such use of the auditorium if necessary, in his opinion, for the protection of the building or any part thereof from damage or for the safety of persons attending the event. (Ord. No. 1977-419, §1, 1-4-77; Ord. No. 1977-547, §1, 6-7-77)

The purpose of the provisions of this chapter is to provide regulations for the operation and maintenance of the Pedestrian Malls and surrounding areas. (Code 1959, §27-1; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 2019-970, §2, 6-18-19 )

Pedestrian Malls as referenced in this Code shall include the following: (a)City Plaza: All of that area to include the area shown as the City Plaza in the City Plaza Agreement as recorded in Book 13233, Page 1672, in the Wake County Register of Deeds, as amended by the First Amendment to the City Plaza Agreement recorded in Book 13885, Page 1656, in the Wake County Register of Deeds, and specifically excepting any Outdoor Seating Easement or Pavilion area as defined and described therein. (b)Exchange Plaza: The area from a point at the southwest corner of Lot 5, Block A-48, Wake County Tax Map, 210.4 feet east to the southeast corner of Lot 22, Block A-48; thence 42.09 feet south along the Wilmington Street right-of-way line to a point at the northeast corner of Lot 28, Block A-48; thence 42.09 feet south along the Wilmington Street right-of-way line to a point at the northeast corner of Lot 28, Block A-48; thence west 210 feet to a point at the northwest corner of Lot 4, Block A-48; thence north 42.09 feet along the Fayetteville Street right-of-way line. (c)Market Plaza: The area from a point at the southwest corner of Lot 4, Block A-48, Wake County Tax Map, 70 feet east; thence south 41.35 feet; thence west 70 feet to a point at the northwest corner of Lot 3, Block A-48; thence north 41.35 feet along the Fayetteville Street right-of-way line. (d)Martin Street Plaza: The area from a point of beginning at the southwest corner of Moore Square; thence east along the southern property line of Moore Square to the southeast corner of Moore Square; thence south along the S. Person Street right-of-way line to the back of curb located on the northern side of East Martin Street; thence west along the curb frontage on East Martin Street to the South Blount Street right-of-way; thence north to the point of beginning. (Code 1959, §27-2; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-700, §1, 7-7-81; Ord. No. 2015-479, §2, 8-4-15 ; Ord. No. 2019-970, §3, 6-18-19 )

(a) It shall be unlawful for any person to operate or park any private motor vehicle, except any self-propelled wheelchairs or invalid tricycles operated by persons whose physical disabilities prohibit normal walking, on any pedestrian mall except by permit issued by the City Manager or his designee. (b) Parking or operation of any motor vehicle, or of any self-propelled motorized equipment used for excavation, construction or related purposes, shall be punishable by a civil penalty of twenty-five dollars ($25.00) for each vehicle and piece of equipment for each offense, unless the vehicle or equipment displays a valid permit for this purpose. Such permit shall specifically identify the vehicle(s) and equipment authorized and the time, date(s) and portion of the malls allowed for parking or operation. Parking or operation of the vehicle or equipment at a time, date or place not authorized on the permit shall void the permit. (c) Violation of this section is an infraction and may also be enforced through issuance of an additional civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §27-3; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1989-442, §1, 10-19-89; Ord. No. 2022-339 , §13, 2-15-22)

(a)Permit required. Any person or group, except those holding a valid City picketing permit issued pursuant to §12-1056 of this Code, or an outdoor restaurant dining permit issued pursuant to §9-7007 of this Code, presenting any concert, performance, exhibition, ceremony or other activity tending to create a public congregation shall require a special event permit. (b)Permit procedure. An application for a special event permit shall be made in writing at least forty-eight (48) hours before the time the event shall be scheduled to begin and shall contain the following information: (1) The name, if any, of the organization or group sponsoring the event; (2) The area of the mall where this event is to take place; (3) The date and hour for which the permit is sought; (4) The person or persons in charge of the event and who will carry the permit at all times; (5) A detailed description of the activities for which the permit is being requested; (6) The expected number of participants in the event; and (7) Any other information necessary to administer this chapter. The application shall be submitted to the City Manager or his designee who shall issue a special event permit if he finds that the nature, area, scope and size of the requested use will not hinder or impede any regularly established use of the mall and will not adversely affect its care, protection and maintenance. If it is determined otherwise, the permit will not be issued. The duration and number of special event permits which may be in effect at any one time, or the number of participants in any special event or show, may be limited so as not to hinder or impede the regularly established use of the malls; adversely affect their care, protection, and maintenance; or endanger persons thereon; and requests for permits shall be acted on in the same order in which completed requests are received. (c)Fee schedule for special events. All applications for a special events permit shall be accompanied by a filing fee. The fees established herein partially defray the City's expense in keeping records relating to the application, verifying the application, monitoring the events, and performing other services required by statute or ordinance in processing the application to its conclusion. Special event fees shall be as indicated on the City of Raleigh Fee Schedule. (Code 1959, §27-4; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1980-393, §§1—4, 6-3-80; Ord. No. 1980-409, §2, 7-1-80; Ord. No. 1982-884A, §1, 4-6-82; Ord. No. 1983-98, §2, 4-19-83; Ord. No. 1990-673, §1, 11-6-90; Ord. No. 2019-949, §9, 6-4-19, eff. 7-1-19 ) Sec. 9-7004.1. NAME OF SPECIAL EVENTS SPONSOR TO BE DISPLAYED. Any person or group obtaining a special events permit shall, at the time and place of the special event, prominently and continuously display the name of the individual, group or organization sponsoring the event, as indicated on the permit application. (Ord. No. 1980-488, §1, 10-7-80)

Falsification of a special events permit shall make it subject to revocation upon notice given to the permit holder by the City Manager or his designee. (Code 1959, §27-5; Ord. No. 1977-598, §1, 8-16-77)

Any person, firm or organization issued a special events permit under the provision of this chapter shall be responsible for any and all injuries, damages to the mall surface, fixtures or plantings, and for the removal of excess trash, litter and debris that may occur as a result of such use. All applicants shall agree, as a part of the consideration for a special event permit, to save harmless the City for any and all accounts, bills, damages, suits and claims in any way arising out of the use of the mall by the applicant. Applicants may be required to post with the City a bond or proof of liability insurance policy issued by an insurance company authorized to do business within the State of North Carolina, in an amount specified by the City, securing the City for property damage, personal injuries and wrongful deaths as a result of such use. (Code 1959, §27-6; Ord. No. 1977-598, §1, 8-16-77)

Editor's note: Ord. No. 2015-519, §4, adopted Nov. 17, 2015 , repealed §9-7007, which pertained to outdoor seating and derived from Ord. No. 1983-98, §4, adopted April 19, 1983; Ord. No. 2015-479, §3, adopted August 4, 2015 . The user's attention is directed to §12-1041.

(a) Excavation on the malls is prohibited without a permit issued by the Inspections Department. Excavation without such permit shall be punishable by a civil penalty of one hundred dollars ($100.00) in addition to the fees normally payable for such excavation. (b) Excavation of brick pavers or other hard surfaces on the malls shall require a payment of twelve dollars ($12.00) per square foot for the area to be excavated. The fee shall be paid prior to excavation, based on the estimated area to be excavated. Where the actual size of the area excavated differs from the estimate, an additional payment or partial refund of excavation fees, as appropriate, shall be made. (c) Should the party responsible for the excavation return the disturbed area to its original condition, as determined by the City, the excavation fee shall be refunded. (Ord. No. 1989-442, §2, 10-19-89)

Editor's note: Ord. No. 2002-218, §1, adopted June 4, 2002, set out provisions repealing §9-7021, which pertained to animals and derived from Code 1959, §27-11; Ord. No. 1977-598, §1, adopted Aug. 16, 1977; and Ord. No. 1981-559, §2, adopted Jan. 6, 1981.

Editor's note: Ord. No. 2013-239, §1, adopted Nov. 5, 2013, repealed §9-7022, which pertained to bicycles and derived from Code 1959, §27-12; Ord. No. 1977-598, §1, adopted August 16, 1977; Ord. No. 1981-559, §2, adopted Jan. 6, 1981; Ord. No. 1988-257, §1, adopted Oct. 18, 1988. The user's attention is directed to §11-3001 et seq.

It shall be unlawful for any person to place any part of his body, to wade, swim, or place any animal, trash, liquid or solid object other than domestic or foreign coins in any fountain or pond located on the mall. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §27-13; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81; Ord. No. 2022-339 , §14, 2-15-22)

It shall be unlawful for any person to deposit refuse, rubbish or litter anywhere on the mall surface except in containers provided for that purpose. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §27-14; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81; Ord. No. 2022-339 , §15, 2-15-22)

No personshall roller skate, ride on a skateboard or operate any similar device or toy having wheels or rollers on the mall. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §27-15; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81; Ord. No. 1993-226, §1, 7-6-93; Ord. No. 2022-339 , §16, 2-15-22)

It shall be unlawful for any person or organization to use any electronic sound amplification or engage in the playing of any electronically amplified musical instrument upon the mall unless specifically authorized under the special events provisions of this chapter. This section shall not apply to emergency or other service vehicles or equipment operated under emergency conditions. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §27-16; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81; Ord. No. 2022-339 , §17, 2-15-22) Cross reference: Sound magnification, §12-5008.

It shall be unlawful for any person to climb or ascend any statuary object, fountain or tree situated upon the mall except for duly authorized personnel engaged in the maintenance or repair of the mall. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §27-17; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81; Ord. No. 2022-339 , §18, 2-15-22)

(a) All applicable City ordinances now in effect shall apply to the mall areas unless said ordinance is superseded by one of the aforementioned rules or regulations. (b) Nothing in this chapter shall be interpreted to exclude any person, firm or corporation from the necessity of obtaining any applicable license, permit or approval as may be required by any other provision of this Code. (Code 1959, §27-18; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81)

If any clause, sentence, paragraph, subsection, section or any part of this chapter shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation to the part thereof directly involved in said judgment. If any part or clause of this chapter shall be declared unconstitutional, and if such part so declared unconstitutional embraces subject matter controlled and provided for by any law, public or private, in effect at the time of the adoption of this chapter, such preexisting laws shall continue and remain in effect, notwithstanding any repealing clause contained herein. (Code 1959, §27-19; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81)

Any violation of this chapter shall be a misdemeanor, and punishable by law. Each day's continuance of such violation shall be a separate offense. (Code 1959, §27-20; Ord. No. 1977-598, §1, 8-16-77; Ord. No. 1981-559, §2, 1-6-81)

(a) The purpose of this chapter and the City Tree Manual, which is hereby incorporated into this chapter by reference, is to regulate and control the planting of trees and vegetation, to encourage the protection of existing trees and vegetation on the streets and public and private grounds within the City, and to establish the standard arboricultural specifications and practices for existing and future trees and vegetation in the City and on City-owned property outside the corporate limits. (b) The City acknowledges that trees provide environmental, aesthetic, social and economic benefits. Specifically, trees increase property values, provide aesthetic value, provide shade and cooling, reduce energy costs, decrease wind velocities, provide erosion control, conserve energy, reduce stormwater runoff, act as filters for airborne pollutants, reduce noise, provide privacy, provide wildlife habitat and food value, sequester carbon and release oxygen. By enacting these regulations, it is the intent of the City to prudently protect and manage the urban forest to secure these benefits. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

As used in this chapter, the following terms shall be defined as follows: Boundary tree. A tree which, when viewed in cross section at diameter at breast height (DBH) has any portion of its trunk located on a property line between private property and public property. A boundary tree is a City tree. Caliper. The American Association of Nurserymen standard for trunk diameter measurement of nursery stock. Caliper is measured six (6) inches above grade for trees up to four (4) inches in diameter, and measured twelve (12) inches above grade for trees greater than four (4) inches in diameter. Certified arborist. A person who has successfully completed the requirements for certification set by the Arborist Certification Board of the International Society of Arboriculture, and maintains good standing in this organization. City-owned or City-controlled property. Property owned or leased by the City; or for which the City has a vegetation easement or planting contract; or upon which the City has an easement for a street, sidewalk, greenway, park, alley, utility or to care out any other public purpose. City right-of-way. Land upon which the City has the right to construct a street, sidewalk, bicycle path, use for public utilities, landscape with plants or to carry out any other public purpose. City tree. A tree that has its trunk located entirely or in part on City-owned or City-controlled property including any boundary tree. Critical Root Zone or CRZ. A protected circular area to remain undisturbed around a tree with a radius equal to 1.25 feet per inch of tree DBH measured at 4.5 feet above grade with the tree trunk at the center of the circle. The main structural and functional portion of the root system. Diameter at breast height or DBH. The diameter of the tree trunk measured at 4.5 feet above the soil. Person. Any individual, firm, partnership, association, institution, corporation, municipality and other political subdivision, and governmental agencies. Private Tree. A tree that has its trunk located entirely on private property excluding boundary trees. Remediation. The requirement by the Urban Forester to cause the restoration or replacement of an impacted City tree including but not limited to corrective pruning, supplemental mulch, water or nutrition and compaction mitigation. Root flare. The part of the tree near the base of a tree where the trunk transitions to root that may be visible for established trees and that must be visible at grade for new plantings. Shrub. Any woody perennial that attains an overall height of less than 20' at maturity, usually with multiple stems. Stump measurement. Average of two measurements taken at right angles on the cross section of stump as measured in inches, which is used to establish DBH in absence of a tree trunk. Tree disturbing activity. The movement of soil, compaction of soil, chemical or physical alteration of soil, or a change in the soil cover (both vegetative and non-vegetative) and/or the existing soil topography within the critical root zone, including but not limited to chemical application, clearing, grading, filling, and excavation or stabilization of structures, and road or walkway construction; or Chemical or physical alteration of a tree in any way that diminishes its health and vigor, including but not limited to removal, cutting, root and branch pruning, topping, bark scraping, application of chemical or biological agents, and placing permanent or temporary fixtures (lights, signs, etc.); or The placement within the critical root zone of any permanent or temporary encroachment, including but not limited to application of impervious surfaces; storage of equipment, materials, or earth; parking; or circulation of vehicles or equipment. Tree impact permit or TIP. Consent given in writing by the Urban Forester or his designee to a person to undertake any tree-disturbing activity. Tree protection plan. A written document that must accompany any tree impact permit application to establish mechanisms for the protection of potentially impacted trees which are intended to remain on the property following the completion of the activity for which the permit request was made. Trunk. The main stem of a tree apart from limbs, roots and root flare. Urban Forestry. The management and maintenance of trees, including wooded areas, groups of trees, and individual trees, for their contribution to the environmental, sociological, and economic well-being of urban society. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

(a) The position of Urban Forester shall be created within the Department of Parks, Recreation and Cultural Resources. The Urban Forester, as the agent of the Department, shall direct, regulate and control the planting and management of trees on all City-owned or City-controlled property. (b) For the purpose of carrying out the provisions of this chapter, the Urban Forester shall have the authority, control, supervision and direction over all trees growing on City-owned or City-controlled street rights-of-way and the planting, removal, care, maintenance and protection thereof. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

(a) The Urban Forester shall direct, supervise, regulate and control the planting, maintenance and removal of all the trees growing now or hereafter on City-owned or City-controlled property. (b) The Urban Forester shall have full power and authority to enforce the terms of this chapter. (c) The Urban Forester shall have the authority to review all requests for permits for any activity impacting City trees including planting, removal and pruning on all City-owned or controlled property. The Urban Forester shall also have authority to attach reasonable conditions to these permits and to grant or deny them. (d) The Urban Forester, under the supervision and direction of the Director of the Department of Parks, Recreation and Cultural Resources, shall prepare the City Tree Manual governing the planting and maintenance of City trees on City-owned or City-controlled property which should include: (1) Planting and managing trees for their functional use as well as for the aesthetic qualities; (2) Recycling trees and fiber; (3) Suggested tree list for the City, with priorities, the purpose of which would be to guide the voluntary efforts of citizens in selecting trees for planting on private property or for donation to the City, such list to distinguish generally among the conditions or places of use; (4) A tree education program for the public, including advisory guidelines, planting and maintenance details, costs and benefits of trees in the City; (5) A tree and landscape inventory and analysis; (6) Standards and procedures for tree planting, pruning, removal, and protection, including specific procedure and criteria for utility companies and new development. (7) Emergency response to provide clear and safe passage for pedestrian and vehicular traffic including inclement weather and emergency events; and (8) Procedures for the implementation of the Tree Impact Permit program authorized by §9-8005 of this Code, including any applicable fees. The City Tree Manual, and any changes to the same, must be approved by the Director of the Parks, Recreation and Cultural Resources and the Parks, Recreation and Greenway Advisory Board before submission to the Raleigh City Council for its approval. (e) The Urban Forester shall review and provide advice regarding all private and City-initiated development and re-development projects to plan for and manage the City's urban forest. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

(a) Any person desiring to undertake any City tree disturbing activity or any land disturbing activity within fifteen (15) feet of a City tree and that is on City property shall first obtain a written permit pursuant to procedures and standards set forth in the City Tree Manual, including the payment of any such fees required therein. (b) Any work performed under such permit must be done in strict accordance with the conditions of the Tree Impact Permit, the provisions of this chapter and the City Tree Manual. Violation of or deviation from any element of a Tree Impact Permit or failure to obtain a Tree Impact Permit where required by this chapter shall be considered sufficient grounds for the suspension or revocation of the entire permit as well as grounds for immediate issuance of a Stop Work Order. Resumption of work shall be at the discretion of the Urban Forester or designee. (c) Before a permit to plant trees will be issued, the applicant shall provide documentation of the approval of the planting plan from any other regulatory agency with approval authority over such plans. (d) If a Tree Impact Permit is denied, the Urban Forester shall provide a written denial to the applicant including the reasons for such denial. A person who is denied a Tree Impact Permitmay appeal such denial pursuant to §9-8013 of this chapter. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

(a) Trees and shrubs standing in or upon any lot or land adjacent to any City-owned or City-controlled property and having branches, limbs, trunks, or other parts projecting into the public street or place shall be kept trimmed by the owner of the property on which such trees and shrubs originate so as not to interfere with the free and safe passage along the public way by pedestrians and vehicular traffic. (b) If the owner of the property does not keep this growth or hazard from projecting into or on public ground, then the Urban Forester shall have the authority to order its removal. The order shall be acted upon within fifteen (15) business days from the time of the receipt of the notice. If, after fifteen (15) days, the owner has not responded or acted to remove the projecting growth or hazard from said trees, then the Urban Forester or any member of his/her staff shall have the authority to enter upon the owner's property to perform the work. The cost of such action shall be charged against the property owner pursuant to the procedures set forth in the Chapter 6 of Part 12 of this Code. (c) The City, its agents and contractors are required to adhere to all regulations of this section in the same manner as private property owners. They may be challenged in the same manner by the Urban Forester or designee on the personal complaint of either, or by any citizen of Raleigh. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

(a) When necessary for the preservation of the public health or safety, the Urban Forester, under the power herein given, may cause or order the removal of any tree or part hereof on private ground which is in an unsafe condition, or which by reason of its nature is injurious to the City's utility system or other public improvements, or which is affected with any injurious fungus, insect or other pest which may spread to public or other private property. (b) When not immediately necessary, but when still amounting to a public nuisance, unsafe trees as defined above may be removed, pruned or otherwise treated, and the cost of such action shall be charged against the subject property pursuant to the procedures set forth in Part 12, Chapter 6, of this Code. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

(a) No personshall engage in utility line clearance, new utility construction or installation on City-owned or City-controlled property without first obtaining a Tree Impact Permit pursuant to §9-8005 above. (b) Utility line clearance practices shall conform to the standards in the most current edition of the American National Standards Institute (ANSI) A300 (Part 1) - Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices. Pruning for overhead utilities shall also adhere to standards outlined in the City Tree Manual. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

(a) Whenever the Director of Parks, Recreation and Cultural Resources or his designee finds that any person has violated or is violating this chapter, any permit issued pursuant to this chapter, or any regulation, standard, rule or order adopted in furtherance of this chapter, the Director of Parks, Recreation and Cultural Resources or his designee may serve upon such a person a written notice stating the nature of the violation, any administrative fee assessed and if applicable, an assessment of any costs incurred by the City to remedy the violation and if applicable, a fee in lieu of replacement calculated in accordance with §9-8012 below. If requested by the Director of Parks, Recreation and Cultural Resources or his designee, a remediation plan shall be submitted to the Director of Parks, Recreation and Cultural Resources or his designee within fifteen (15) days. Submission of a remediation plan does not relieve the person of liability for any violations occurring before or after receipt of the notice of violation. In the event of an emergency that requires the City to take immediate action to correct the violation, the City is not required to provide an opportunity for the violator to correct the violations and may assess penalties and costs pursuant to this section without prior notice. (b) Any person who is found to have failed to comply with any provision of this chapter, any permit issued pursuant to this chapter, or any regulation, standard, rule or order adopted in furtherance of this chapter, shall be subject to a civil penalty as follows: (1) Two hundred fifty dollars ($250.00) for a first time violation. (2) Five hundred dollars ($500.00) for any repeat violation within the previous 12-months. The notice of the civil penalty assessment shall be issued in writing and shall set forth with reasonable care the basis of the civil penalty, any administrative fee assessed and the costs to the City of rectifying the noncompliance that are assessed. (c) Any person violating any section of this chapter must pay to the City all expenses incurred by the City caused in whole or in part by such violation including the cost of labor, equipment, and materials based on current FEMA rates. (d) Any person violating any section of this chapter and who receives a notice of violation pursuant to this section shall be subject to an administrative fee of one hundred dollars ($100.00) in addition to any other charge authorized by this chapter. (e) From and after the expiration of the time period specified in the notice of violation issued pursuant to subsection (a) above of this section for correcting a violation of this chapter, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (f) Any appeal from a notice of violation, civil penalty assessment or permit denial shall be made in writing to the Director of Parks, Recreation and Cultural Resources within ten (10) days of receipt of the notice of violation or civil penalty assessment issued pursuant to subsection (a) of this section or permit issued or denied pursuant to §9-8005 of this chapter. Any appeal of a permit decision shall include justification for the appeal and an independent report from a certified arborist to support the appeal if applicable. The Director of Parks, Recreation and Cultural Resources shall use all reasonable efforts to notify the appellant in writing of his or her decision within thirty (30) days of receipt of the notice of appeal. (g) All notices required by this subsection may be served by certified mail or hand-delivery to the violator; certified mail or hand-delivery to the owner of the property in violation; or posting the notice at the property in violation. When service is made by certified mail, a copy of the notice may also be sent by First Class U.S. Mail. Service shall be deemed sufficient if the notice sent by First Class U.S. Mail is not returned by the U.S. Post office seven (7) days after mailing. (h) If payment is not received or equitable settlement reached after thirty (30) days after demand for payment is first made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of fees, costs and/or penalties. (i) Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate any of the provisions of this chapter, any permit, or any regulation, standard, rule or order duly adopted in furtherance of this chapter, the City may, either before or after the institution of any other action or proceeding authorized by this Code, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The institution of an action for injunctive relief under this subsection shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Code. (j) The penalties and enforcement provisions established by this chapter may be applied in addition to or in lieu of the penalties established by other sections of this Code and applicable ordinances. The remedies provided for in this chapter are not exclusive. The Director of Parks, Recreation and Cultural Resources or his designee may take any, all, or any combination of these actions against a violator. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 ; Ord. No. 2022-340 , §1, 2-15-22)

(a) Any person who destroys a City tree without a written permit shall replace such City tree at no cost to the City and accordance with the standards of this chapter and the City Tree Manual. The responsible party shall maintain the tree for two years following the installation date of the tree. If the tree fails to survive at any point during the two year period following the installation date of the tree, the responsible party shall replace the tree at no cost to the City and in accordance with the standards of this chapter and the City Tree Manual. (b) A City tree requiring replacement shall be replaced on a one to one DBH basis or caliper basis, as appropriate. (c) If any person is unable to replace a tree that such person destroyed, the person who destroyed the City treeshall pay a fee in lieu of replacement at the rate of one hundred dollars ($100.00) per inch of DBH. In the event the site is only able to accommodate a tree smaller than the City tree that was destroyed, the responsible party shall pay a fee in lieu equal to the DBH or caliper of the destroyed City tree measured in inches, minus the total DBH or caliper of the replaced tree(s) measured in inches multiplied by hundred dollars ($100.00). (d) A fee in lieu shall only be granted when the site does not accommodate required tree replacement and shall be granted at the discretion of the Urban Forester. ( Ord. No. 2015-401, §1, 3-3-15, eff. 3-8-15 )

There is hereby established, pursuant to Raleigh City Charter §22 [§2.14] a Raleigh Arts Commission, as the official municipal advisory body on the arts broadly defined, which will promote, coordinate and strengthen public programs to further the cultural development of the City. (Ord. No. 1977-578, §1, 7-5-77)

The commission created herein shall consist of twelve (12) persons to be appointed by the City Council. Members shall reside in the City of Raleigh. No organization which is a potential recipient of City arts funding shall have on the commission more than one person who serves on its board or staff. Each member shall serve for a term of three (3) years or until his successor is appointed and qualified, except that half of the original appointees to the Raleigh Arts Commission shall serve for a term of one year following the establishment of the commission. No member who has served three (3) consecutive three-year terms may be reappointed until he has not served for one year. A vacancy in mid-term shall be filled in the same manner as the original appointment to fill the unexpired term. All members of the commission shall serve without salary. (1977-578, §2, 7-5-77; Ord. No. 2009-597, §1, 6-2-09)

(a) The commission shall organize and adopt administrative rules and procedures necessary to accomplish its purposes, and elect from its members a chairperson and such other officers as it shall deem necessary. (b) All regular or special meetings of the commission shall be open to the public as governed by North Carolina General Statute §143-318.1, Meetings of Governmental Bodies. Any personshall be entitled and encouraged to appear and be heard on any matter pertaining to the arts before the commission. (c) The commission shall have a director and suitable staff appointed by the City Manager and maintain an office properly equipped to discharge its functions. (Ord. No. 1977-578, §3, 7-5-77)

The purpose of the commission shall be as follows: (a) To advise the City Council on ways in which City government might best serve the public with regard to matters involving the arts. (b) To encourage and aid the appreciation and awareness of, and participation in, the arts among all citizens of Raleigh. (c) To encourage cooperation and coordination among individuals, organizations and institutions concerned with the arts in Raleigh. (d) To promote and expand the cultural resources of Raleigh, thereby facilitating employment for artists and the development of self-sustaining arts programs. (e) To formulate in cooperation with other City agencies a longrange plan for the development of a thriving cultural climate in Raleigh. (Ord. No. 1977-578, §4, 7-5-77)

The activities of the commission shall include the following: (a) To initiate, sponsor, conduct or support, alone or in cooperation with other public or private agencies, public programs in the arts. (b) To serve as a clearinghouse for information about Raleigh artists, art programs, facilities, organizations and institutions and to actively encourage public awareness, utilization and support of such resources. (c) To advise the City as to the availability and adequacy of facilities and space for the presentation of cultural activities. (d) To review and advise on the aesthetic aspects of all works of art or designs or public monuments accepted or commissioned by the City. (e) To prepare and submit budgetary recommendations to the City Council and Manager for annual expenditures necessary to the continuation and development of public programs furthering the arts. (f) To review funding requests and recommend to the City Council the allocation of public monies to cultural organizations. (g) To seek out and encourage contributions and grants to the arts from private and public sources and to receive and allocate such monies appropriated and/or granted and donated for such purposes. (h) To initiate proposals for Federal and state assistance to the arts, and to review arts-related proposals and programs originating with other City agencies. (i) To keep abreast of what other communities are doing to further the arts and to adapt their accomplishments to the needs of Raleigh. (j) To prepare an annual report on the activities of the commission and the State of the Arts in Raleigh. (1977-578, §5, 7-5-77)

The Chair of the Arts Commission shall, within thirty days of the enactment of this ordinance, appoint a Public Art and Design Board. The membership of the Board shall be seven (7) members. The members of the Board may be residents or nonresidents of the City and shall be appointed by the Arts Commission Chair. Subsequent members shall be appointed by the Chair of the Arts Commission and serve according to the time and term limits of Part One, Chapter 4 of the Raleigh City Code. The Public Art and Design Board shall develop a public art policy establishing guidelines for the Public Art Program and will forward the same to the CityCouncil for approval. The City Manager shall review all eligible projects approved as a part of the annual Capital Improvement Program (CIP) and refer them to the Public Art and Design Board. The Public Art and Design Board may request the City Manager to review his recommendation if it feels that an eligible project was not forwarded for review. The Public Art and Design Board shall collect all available information about the project including budget, site, schedule and constituent interests. The Public Art and Design Board shall then determine the desirability of a call for artists and the nature and geographical extent of that call. Once the Public Art and Design Board has determined a project is appropriate for public art it shall appoint an Artist Selection Panel (ASP) ranging in size from three (3) to seven (7) members to serve in selecting art for the project. Before the appointment of the first ASP the Arts Commission shall establish written criteria to use in selecting art for public placement. At least one member of the ASP must be a member of the Public Art and Design Board. The other members may be an artist, an arts professional, a design professional, and a representative of the department or agency in whose building or on whose property the proposed work will be located. The members are not required to be members of the Arts Commission. The department or agency representative will be named by the City Manager. The ASP shall interview and select an artist for the project and forward that recommendation to the Public Art and Design Board which will approve or disapprove the recommendation. If the recommendation is approved it will be forwarded to the CityCouncil as information. The City Manager will then negotiate a contract between the City and the artist. (Ord. No. 2009-563, §2, 3-17-09, eff. 7-1-09; Ord. No. 2009-643, §1, 9-1-09; Ord. No. 2011-952, §1, 10-4-11)

CIP projects which are required to be bid or otherwise contracted for pursuant to the provisions of N.C.G.S. 143-129 and provide significant general public access such as public safety centers, senior centers, parks and recreation buildings and community centers and streetscape projects as examples shall be eligible for funding. Streetscape projects shall include, but not be limited to, all roadway improvements for all Gateway arteries and thoroughfares. Streetscape projects shall not include general roadway landscape improvements, small intersection improvement projects, or traffic calming projects. The amount of funding for a project shall be one (1) per cent of the estimated construction costs of the bid or other price obtained under the above referenced statute. Land acquisition, professional services (architectural, engineering, surveying, etc.), furnishings and equipment and all other soft costs are not to be included in the amount subject to the one (1) per cent allocation. (Ord. No. 2009-563, §2, 3-17-09, eff. 7-1-09; Ord. No. 2011-874, §1, 5-3-11, eff. 7-1-11; Ord. No. 2011-952, §2, 10-4-11; Ord. No. 2016-606, §1, 6-20-16, eff. 7-1-16 )

It is recognized that all projects otherwise eligible according to the provisions of §9-10007 are not necessarily suitable for the installation of public art. If it is determined that a project is not suitable for public art the one (1) per cent of its cost will be placed into an account for the maintenance and acquisition of public art. Money held in this account may only be appropriated upon recommendation from the Public Art and Design Board. Money from this fund may be used to maintain art, acquire art for public projects that do not qualify under §9-10007 or to supplement the one (1) per cent amount for an eligible project. The fund may be used for artist design services, acquisition of art, maquettes, shipping or other expenses, including administration of the program, required to obtain and place the art. It is permissible to spend more than one (1) per cent of the project cost on art for the project so long as the remainder of the cost is privately funded or paid for by an additional appropriation upon recommendation by the Public Art and Design Board. (Ord. No. 2009-563, §2, 3-17-09, eff. 7-1-09; Ord. No. 2011-952, §3, 10-4-11; Ord. No. 2016-606, §2, 6-20-16, eff. 7-1-16 )

It is understood that coordination between the Public Art Program and City construction management is vital to achieve timely completion of CIP projects. In order to achieve this cooperation the chair of the ASP for a particular project shall make every effort to expedite the public art side of a project and the City construction management staff and arts staff shall cooperate fully with the project ASP. The Cityshall include in any professional service RFP or RFQ language that indicates one or more artists may be included on the design team and will be selected by an independent process. The project architect shall be informed during negotiations for the architect's professional services of the requirement for artist involvement in the process which may include the artist on the project design team. Any unresolved conflict shall be decided directly by the City Council. (Ord. No. 2009-563, §2, 3-17-09, eff. 7-1-09)

Any art acquired pursuant to this policy shall be designed and created by visual artists. In addition to the traditional forms of art such as sculpture, painting, fresco, glass, mosaic and others the public art requirement may also be met by incorporating artistic elements into the overall architectural design if created by a visual artist. Any art installed pursuant to this program shall become and remain the property of the City of Raleigh. (Ord. No. 2009-563, §2, 3-17-09, eff. 7-1-09)

Within sixty (60) days after the passage of this ordinance the City Manager shall cause to be created an administrative process to guide the various City contracting departments as to how each is to interact in the per cent for public art process. (Ord. No. 2009-563, §2, 3-17-09, eff. 7-1-09)

Editor's note: The previous zoning code, known as Part 10 of the City Code, was repealed by Ordinance 2013-151-TC-357. This ordinance established the Part 10A Unified Development Ordinance with an effective date of September 1, 2013. The City of Raleigh Unified Development Ordinance (UDO) can be found here: Unified Development Ordinance (UDO)

The Department of Transportation shall consist of a director of transportation, who shall be its administrative head, and such other officers and employees as deemed necessary by the Manager and Council and whose salaries shall be fixed by the Council.

The Department of Transportation shall consist of such divisions and organizations as deemed necessary by the director to carry out the functions and duties of the department herein prescribed.

The functions and duties of the department shall be developing and carrying out a broad program of transportation engineering and management, traffic engineering, including transit and transportation planning, the purpose of which is to provide for the safe, economical and efficient movement of persons and goods throughout the City. The functions shall include but not be limited to the following: (a) Traffic engineering shall include the installation, operation, maintenance and repair of all official traffic-control devices authorized by law. (b) The transit function shall include the complete planning and administration of the transit program of the City as further described in Chapter 4 hereof. (c) The transportation planning function shall include the conduct of studies to determine proper application of official traffic-control devices for the purpose of improving the flow of traffic and increasing the safety of motorists and pedestrians. This function shall also include the conduct of a continuing transportation planning process to provide coordinated plans for all modes of transportation consistent with the requirements of the State and Federal departments of transportation. (d) Maintaining City and state highway system streets within the City limits in a safe and usable condition in all weather conditions; maintaining and improving all City storm drainage systems; installing new storm drainage systems, and other new construction as directed by the Council; and cleaning all Citystreets and removing trash and leaves from City streets. (Ord. No. 1998-454, §11, 11-4-98) Cross reference: Department of Public Works, street control and maintenance responsibilities, Part 7, Ch. 2.

Whenever in this chapter the words hereinafter defined in this section are used they shall, unless the context requires otherwise, be deemed to have the following meanings: Authorized emergency vehicle. An authorized emergency vehicle is any vehicle owned by a Federal, state, County, or municipal law enforcement agency and operated by a member thereof, any vehicle owned and operated by a Fire Department or rescue squad, or any ambulance. Block. Ablock is the part of a street lying between the nearest intersecting streets on either side. Car sharing.Car sharing is a membership based service available to all qualified drivers in the community who choose to become members. Members must be offered access to a dispersed network of shared vehicles twenty-four (24) hours a day, seven (7) days a week at unattended self service locations. Car usage is provided without restriction at hourly or per mile rates that include fuel, insurance, and maintenance. Any car sharing service using a parking space reserved for car share vehicles must belong to an organization approved by the Raleigh Public Works Director or his designee. City of Raleigh Fee Schedule.City of Raleigh Fee Schedule shall mean the comprehensive list of fees as set out and further defined in City Code Sec. 14-1002. Crosswalk. A crosswalk is the part of a roadway ordinarily included within the prolongation or connection of the lateral boundary lines of the adjacent sidewalk at the end of a block, or any part of a roadway indicated for pedestrian crossing by official traffic-control devices. Driveway. A way leading from a public street to a place on private property suitable to and regularly used for the passage or standing of motor vehicles when passage to such area of private property is not permanently impeded by any wall, building, or other such structure. A driveway shall consist of a curb cut or other such modification and a regularly accessible suitable area of private property. A curb cut alone, without such area of private property or with access to such area of private property permanently obstructed, shall not constitute a driveway. Intersection. An intersection is the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of two (2) or more highways which join one another at any angle whether or not one (1) such highway crosses the other. Lane. A lane is a section of roadway between marked lines or between a marked line and the edge of a roadway, which section is set aside for a single file of vehicular traffic, except a section reserved for parking. Median. A median is that portion of public right-of-way lying between two (2) roadways and used for the separation of vehicular traffic. A median may be paved or unpaved and may or may not have a raised curb. Motor vehicle. A motor vehicle is a vehicle which is self-propelled and designed to run upon the highways, and every vehicle which is pulled by a self propelled vehicle. Official time standard. The hours designated in time limitations set by this chapter refer to eastern standard time or eastern daylight saving time as may be in current use within the City by the action of the governing body, the North Carolina General Assembly, or the Congress of the United States. Official traffic-control device. An official traffic-control device is a sign, signal, marking, or device, including a parking meter, placed by authority of the governing body of the City for the purpose of regulating vehicular and pedestrian traffic, including parking. Park or parking.Park or parking is the standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. Parking citation. A parking citation is a printed notice issued by authority of the governing body of this City, informing the individual designated that he or she has violated a provision of this chapter. Parking meter. Parking meter is any mechanical or electronic device, pay station, or meter not inconsistent with this chapter that is installed to receive payment for the use of a time-regulated parking space placed or erected for the regulation of parking by authority of this chapter. Each parking meter shall display the legally allowed parking time established by the City and the amount of parking time activated. Private road or driveway. A private road or driveway is a road or driveway not open to the use of the public as a matter of right for the purpose of vehicular traffic. Roadway. A roadway is the part of a street improved, designed, or ordinarily used for vehicular traffic. Sidewalk. A sidewalk is the part of a street improved for pedestrian traffic. Stop line. A stop line is a line across a roadway or part of a roadway indicating the point behind which vehicles are required to stop in compliance with an official traffic-control device. Street or highway. A street or highway is the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purpose of vehicular traffic. Traffic schedule. A traffic schedule is a separate schedule which is incorporated into by reference and made a part of this chapter, and which designates certain streets, parts of streets, street areas, or times to which a provision of this chapter applies. Vehicle. A vehicle is a device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this chapter bicycles shall be deemed vehicles. (Ord. No. 2012-122, §1, 11-20-12, eff. 11-27-12; Ord. No. 2013-239, §2, 11-5-13; Ord. No. 2019-24 , §§ 1—3, 11-19-19)

Words and phrases used in this chapter and not specifically defined in §11-2001 above shall have the meaning respectively ascribed to them by Chapter 20 of the General Statutes of North Carolina. (Code 1950, §29.1) State law reference: Definitions in state motor vehicle act, G.S. 20-4-01.

The provisions of G.S. 20-138 et seq. , which apply to the operation of vehicles and rules of the road shall be in full force and effect upon the streets and highways within the City and shall be enforced wherever applicable. State law references: Authority of cities to regulate traffic, G.S. 160A-300; restrictions on local authorities, G.S. 20-169; operation of motor vehicles and rules of the road, G.S. 20-138 et seq. ; motor vehicles generally, G.S. 20-1 et seq.

(a) Whenever the provisions of this chapter establish specific traffic and parking regulations and restrictions which are effective only upon certain streets, parts of streets or street areas which are not generally identifiable, or at certain times or for periods of time which are not generally applicable, such traffic and parking regulations, and the locations and/or times where and when the same are effective shall be set out upon official traffic schedules, as amended from time to time by the City Council, and retained permanently in the office of the City Clerk. (b) All official traffic schedules adopted under the authority of this chapter are hereby incorporated by reference and shall be as effective as if set out in full herein. Such traffic schedules shall be deemed to be "technical ordinances" under the provisions of G.S. 160A-76(b).

The provisions of this chapter apply to the driver of any vehicle owned by or used in the service of the United States government, this State, its counties or any political subdivision of this State, except persons and vehicles actually engaged in street surface work, including street cleaning, and in construction, repairs or maintenance, but not while traveling to or from such work. State law reference: Provisions as to liability for negligent operation of motor vehicles by City officers, employees or agents, G.S. §160A-185 et seq.

Editor's note: Former §11-2006, which pertained to exemptions from traffic regulations for authorized emergency vehicles and bore no history note, was repealed by Ord. No. 1988-271, §1, adopted Nov. 15, 1988.

Editor's note: Section 1 of Ord. No. 1991-747, adopted March 19, 1991, repealed §11-2007 in its entirety. Formerly, §11-2007 pertained to obstruction on land constituting a traffic hazard and derived from the 1959 Code, §21-11.

Every person riding a bicycle, motorcycle, or animal or driving an animal-drawn vehicle, or propelling a push cart upon a street, is subject to the provisions of the chapter, except those which are clearly inapplicable. Cross reference: Bicycles, §11-3001et seq.

The provisions of this chapter are in force everywhere within the corporate limits of the City, unless otherwise stated.

The provisions of this chapter are in force at all hours of the day or night, unless otherwise stated.

It is the duty of the law enforcement officers of the City to enforce all of the provisions of this chapter and all of the State motor vehicle laws. (Ord. No. 2020-166 , § 1, 12-1-20) Motor vehicle registration and annual fees, §2-2071et seq.

It is the duty of the law enforcement officers of the City to investigate traffic accidents and to obtain prosecution of those persons apparently guilty of violations of this chapter or state motor vehicle laws causing or contributing to those accidents. The owner or operator of any ambulance must arrange for the Wake County Emergency Communications Center to be notified before leaving to answer a call to the scene of a traffic accident. (Ord. No. 2020-166 , § 1, 12-1-20)

In the event that it becomes immediately necessary to protect the safety of motorists and pedestrians, the law enforcement officers of the City may direct traffic as required and may place temporary official traffic-control devices without regard to the other provisions of this chapter. No person may refuse to comply with a lawful order of a law enforcement officer when the order is given under the authority of this section. (Ord. No. 2020-166 , § 1, 12-1-20)

Editor's note(s)—Ord. No. 1986-774, §1, adopted April 15, 1986, repealed §11-2024, concerning violation, penalties and summons issuance, as derived from §21-12 of the 1959 Code.

(a)Violations of Articles J and K of this chapter shall subject the offender to the corresponding civil penalty set forth in the City of Raleigh Fee Schedule for the category within which the violation is included in subsection (e) below. Pursuant to G.S. 160A-175, all criminal penalties for these violations as set out in G.S. 14-4 are hereby removed. Civil penalties may be recovered by the City in a civil action in the nature of debt if the penalty is not paid within the period of time prescribed in subsection (c) below after the issuance of a citation for violation of the ordinance. (b)Notice to be affixed. Whenever a member of the Police Department of the City or other person charged by the City with the enforcement of the provisions of this chapter regulating the parking of vehicles shall find that any of those provisions are being, or have been, violated by the owner or operator of any vehicle, such officer or person shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice or citation in such form as the Director of Transportation may direct. (c)Same; contents. Such parking violation notice or citation shall, among other things, (i) state upon its face the amount of the penalty for the specific violation if the penalty is paid no later than twenty-one (21) days from and after the violation; (ii) notify the offender that a failure to pay the penalty no later than twenty-one (21) days from the violation shall subject the offender to an additional late penalty in the amount of twenty dollars ($20.00); (iii) notify the offender that a failure to pay the penalty no later than one hundred eighty (180) days from the date of the violation shall subject the offender to a late penalty in the amount of ten dollars ($10.00), in addition to the one imposed for failure to pay no later than twenty-one (21) days of the date of the violation; (iv) further provide that the offender may answer the City parking citation by mailing the citation and the stated penalty to the City of Raleigh at the address provided on the citation, or by visiting the City's Internet website and using the parking citation portal, or by paying the amount in person at the City's Parking Office, and that upon payment, the case or claim and right of action by the City will be deemed compromised and settled; (v) that the penalty must be either paid or the failure to pay must be cleared within twenty-one (21) days of the issuance of the citation; and (vi) state that if the parking violation citation is not cleared within twenty-one (21) days, court action by the filing of a civil complaint for collection of the penalty may be taken. As used upon the parking violation citation, the word "cleared" shall mean either (i) payment, (ii) arrangement for payment to be made, or (iii) a prima facie showing that the parking citation was received as a result of mistake, inadvertence or excusable neglect. (d)Settlement of claim. The Director of Transportation is authorized to accept payments in full and final settlement of the claim or claims, right or rights of action which the Citymay have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or right of action arising out of contended violations. (e)Violation categories. The owner or person in whose name any vehicle(s) is registered that is found upon any street, alley or City parking facility in violation of any of the provisions of this City Code regulating the stopping, standing, or parking of vehicles shall be held prima facie responsible for such violation. Violations of Articles J and K of this chapter are separated into the following categories: (1) Regulatory I Violations: a. Sec. 11-2174 - Parking Time Limited in Designated Places. b. Sec. 11-2204 - Operation of Parking Meters. c. Sec. 11-2205. - Parking Time Limits and Fees. d. Sec. 11-2212(a)(1), (a)(2), and (b) - Violations. (2) Regulatory II Violations: a. Sec. 11-2171(b)(12) - Designated Places - Car Share. b. Sec. 11-2175 - Parking Limitation on City Parking Facilities. c. Sec. 11-2177 - Standing for Loading Only. d. Sec. 11-2180 - Unlawful Purposes for Parking. e. Sec. 11-2183 - Parking, Obstructions Prohibited at Moore Square Transit Transfer Facility. f. Sec. 11-2184 - Taxi Zones. g. Sec. 11-2186 - Valet Parking. h. Sec. 11-2189 - Motorcycle Parking. i. Sec. 11-2212(a)(3) - Parked Vehicle Across Any Line or Marking of a Parking Meter Space. j. Sec. 9-2014 - Parking Permits Required in Certain Areas. (3) Safety I Violations: a. Sec. 11-2171(b)(3) - Designated Places - Intersections. b. Sec. 11-2171(b)(4) - Designated Places - Stop Sign, Flashing Beacon, or Traffic Control Signal. c. Sec. 11-2171(b)(5) - Designated Places. - Underpass Approaches. d. Sec. 11-2171(b)(6) - Designated Places - Grade Crossing Approaches. e. Sec. 11-2171(b)(8) - Designated Places - Bridges and Underpasses. f. Sec. 11-2171(b)(11) - Designated Places - Driveway and Private Roads. g. Sec. 11-2172 - No Parking Zones. h. Sec. 11-2179 - Stopping, Standing or Parking Close to Curb. i. Sec. 11-2185 - Police Vehicle Parking Zone. j. Sec. 11-2187 - No Parking Tow Away. (4) Safety II Violations: a. Sec. 11-2171(a) - Obstructing Traffic. b. Sec. 11-2171(b)(1) - Designated Places - Sidewalk. c. Sec. 11-2171(b)(2) - Designated Places - Crosswalk. d. Sec. 11-2171(b)(7) - Designated Places - Street Excavation or Obstruction. e. Sec. 11-2171(b)(9) - Designated Places - Roadway Side of Any Parked Vehicle. f. Sec. 11-2171(b)(10) - Designated Places - Fire Hydrant. g. Sec. 11-2173 - No Stopping or Standing Zones. h. Sec. 11-2176 - Truck, Trailer, Bus Parking. i. Sec. 11-2178 - Bus Zones. j. Sec. 11-2181 - Temporary Parking Restriction by Chief of Police. (5) Section 11-2182 - Controlled Parking Residential Area Violations. (6) Section 11-2190 - Electric Vehicle Parking Violations. (7) Section 11-2191 - ADA Parking Violations. (8) Glenwood South Overlay Parking District Violations. All safety violations within the Glenwood South Overlay Parking District during the hours of 9:00 p.m. and 7:00 a.m. shall be subject to those penalties set out in the City of Raleigh Fee Schedule. For purposes of this section the "Glenwood South Overlay Parking District" shall mean that area bounded by Peace Street on the North, Hillsborough Street on the South, West Street on the East, and St Mary's Street on the West, and shall further include Controlled Parking Residential Areas F, H, and K as designated in official Traffic Schedule No. 21, "Controlled Parking Residential Areas." For purposes of this subsection, "safety violation" shall mean any violation defined in subsections (e)(3), (e)(4), and (e)(5) above. (f)Violation penalties. (1) Penalties for the violation categories as defined in subsection (e) above are as set forth within the City of Raleigh Fee Schedule. (2) Delinquency penalties: a. A delinquent penalty of twenty dollars ($20.00), shall apply in those cases in which the penalties prescribed in subsection (e) above have not been paid within twenty-one (21) days from the date of the violation. b. A delinquent penalty of ten dollars ($10.00), in addition to the one (1) imposed for failure to pay within twenty-one (21) days shall apply in those cases in which the penalties prescribed in subsection (e) above have not been paid within one hundred eighty (180) days from the date of the violation. (g)Penalties, to parking fund. All penalties paid to the City or as may be recovered in a civil action in the nature of debt as herein provided shall be paid into the parking fund of the City at such time and under such regulations as may be prescribed by the Chief Financial Officer or designee. (Code 1959, §21-12.1; Ord. No. 1986-774, §§2, 3, 4-15-86; Ord. No. 1989-456, §1, 11-7-89; Ord. No. 1990-477, §§1, 2, 1-2-90; Ord. No. 1991-873, §1, 11-19-91; Ord. No. 1992-887, §§1—4, 12-3-91; Ord. No. 1994-436A, §1, 6-28-94; Ord. No. 2003-396, §1, 3-4-03; Ord. No. 2004-666A, §§1—8, 6-29-04; Ord. No. 2007-268, §§1—8, 7-24-07, eff. 10-1-07; Ord. No. 2010-724, §1, 4-20-10, eff. 6-1-10; Ord. No. 2012-3, §§1, 2, 1-17-12; Ord. No. 2012-57, §§1, 2, 6-5-12, eff. 10-1-12; Ord. No. 2020-166 , § 1, 12-1-20; Ord. No. 2023-474 , §1, 3-7-23; Ord. No. (2023) 524 , § 1, 6-12-23)

It shall be unlawful to remove a parking citation from a vehicle or to permit it to be removed, except for the purpose of answering the charge for which it was issued. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 2020-166 , § 1, 12-1-20; Ord. No. 2022-339 , §19, 2-15-22)

It shall be unlawful to alter a parking citation, and no person may have in his possession an unlawfully altered parking citation. (Ord. No. 2020-166 , § 1, 12-1-20)

The director of transportation shall be responsible for placing and maintaining official traffic-control signs, signals and devices, as defined in this chapter, pursuant to the direction of the City Council.

All traffic-control signs, signals and devices of any kind whatsoever shall conform to the specifications approved by the State Department of Transportation in the "Manual on Uniform Traffic Control Devices for Street and Highway," latest edition, and all signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the City. All traffic-control devices so erected as hereinbefore set out and in accordance with the provisions of the laws of the State and this Code shall be deemed to be official traffic-control devices.

Subject to the exemptions granted under §§11-2005 (public employees) and 11-2006 (emergency vehicles) of this chapter, the driver of every vehicle must obey the instructions of any official traffic-control device when placed in accordance with this chapter. Provided, however, a law enforcement officermay direct all vehicles, including authorized emergency vehicles, without regard to such devices when necessary for the public safety or the regulation of traffic, and it shall be unlawful for any person to disobey a law enforcement officer giving such directions. State law references: As to erection of local traffic-control signs by cities, G.S. 136-31; powers of local authorities generally to regulate traffic, G.S. 20-169.

The location of official traffic-control devices, and the regulations and restrictions imposed thereby, shall be as set out in the official traffic and parking schedules adopted and maintained under the provisions of this chapter. Cross reference: Schedules incorporated by reference, §11-2004.

It shall be unlawful to display any unauthorized traffic-control device which directs or purports to direct vehicular or pedestrian traffic.

It shall be unlawful to alter, remove, or tamper with an official traffic-control device.

It shall be unlawful to drive across a sidewalk or through the driveway of a gasoline filling station or other property for the purpose of avoiding an official traffic-control device; further, when signs have been erected giving notice thereof, it shall be unlawful to drive across private property for the exclusive purpose of traveling from one public street to a second public street. (Ord. No. 1990-515, §1, 3-20-90)

At all railroad grade crossings within the City where approved automatic electric signals have been installed, the railroad company or companies owning the railroad tracks shall at all times maintain said signals in good working order. If the signals are temporarily out-of-order, then the railroad company or companies shall within a reasonable time after such malfunction or immediately where notice of said malfunction has been communicated to the railroad companies have said crossing protected by a flagman who will give ample warning to persons using the street or highway of the approach of a train until such time the train has covered the crossing; provided, however, during hours of darkness, a flare shall be maintained at the crossing during the entire passage of the train. This practice will continue until the signal system is properly restored to service. (Code 1959, §18-1; Ord. No. 1981-788, §1, 11-3-81)

(a) Where traffic is controlled by traffic-control signals installed as provided in this chapter, exhibiting different colored lights successively, the following colors, lights and arrows in lights indicate as follows: (1)Green light. Vehicular traffic facing the signals may proceed straight through, or unless a sign prohibits such turn, may turn right or left. Vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited. (2)Yellow or amber light, when appearing immediately after, or coincidentally with, a green light. Such yellow or amber light shall serve as a warning that a red light and the applicable stop restrictions shall be exhibited immediately following. (3)Red light. Any person operating a vehicle facing such light shall bring the same to a stop before entering the nearest crosswalk or boundary of an intersection or at such other point as may be indicated by a limit line, and shall remain standing until a plain green light or green arrow is shown illuminated alone; provided, however, that a right turn may be made after bringing the vehicle to a complete stop and after yielding to pedestrians and other vehicles, unless otherwise prohibited by this chapter. (b) The electronic traffic-control signals described in this section shall be located, and the regulations provided in this section shall be effective, as designated in official Traffic Schedule No. 1, "Electronic Traffic Control Signals." (c) Violation of this section is an infraction and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. 2022-339 , §20, 2-15-22) Cross references: Right turns on red light prohibited, §11-2105, Traffic Schedule No. 1; pedestrian crossings at signalized intersections, §11-2153; schedules incorporated by reference, §11-2004. State law reference:Vehicle control signs and signals, G.S. 20-158.

(a) Except when directed to proceed by a police officer, every driver of a vehicle approaching a designated stop intersection which shall be indicated by a stop sign or, in the discretion of the transportation director, a flashing red light, shall stop before entering the crosswalk, on the near side of the intersection, or, in the event there is no crosswalk, shall stop at a clearly marked stop line, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. (b) The driver having stopped in obedience to a stop sign or flashing red light at an intersection shall proceed cautiously, yielding the right-of-way to all vehicles not so obliged to stop which are approaching the intersection. (c) Stop intersections and the location of signs or flashing red lights at those intersections shall be in accordance with official Traffic Schedule No. 2, Stop Intersections. (d) Violation of this section is an infraction and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. 2022-339 , §21, 2-15-22) Cross reference: Schedules incorporated by reference, §11-2004. State law reference: Stop intersections, G.S. 20-158(a).

(a) The driver of a vehicle approaching a yield sign erected at designated locations, shall, and in obedience to the sign, slow down and yield the right-of-way to any pedestrian crossing the roadway on which he is driving and to any vehicle in movement on the main traveled or through highway or street which is approaching so as to arrive at the intersection at approximately the same time as the vehicle entering the main traveled or through street or highway. (b) The driver of the vehicle approaching a yield sign, if required to stop, shall stop before entering the crosswalk on the near side of the intersection; or in the event there is no crosswalk, at a clearly marked stop line; but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (c) In accordance with the above, and when signs are erected giving notice thereof, drivers of vehicles, when entering designated or main-traveled or through streets from intersecting streets in the direction or directions shown, shall yield the right-of-way to approaching pedestrians or vehicles. (d) Yield signs shall be located, and the regulations applicable thereto shall be effective, as designated in official Traffic Schedule No. 3, Yield Signs. Cross reference: Schedules incorporated by reference, §11-2004. State law reference: Erection of yield signs, G.S. 20-158.1.

It shall be unlawful for any person to fail to stop at a stop sign or yield at a yield sign, as required by Chapters 20-158 and 20-158.1 of the General Statutes and §11-2072 and §11-2073 above, before entering any of the streets or parts of streets listed in official Traffic Schedule No. 4, Through Street; provided, if any such intersections are controlled by traffic signals, stop signs, yield signs, or other traffic-control devices as provided for in §11-2071, §11-2072 or §11-2073 of this Code, such controls shall take precedence over this section. Traffic stop or yield signs shall be erected at all streets intersecting the through streets designated in official Traffic Schedule No. 4 unless otherwise provided for in this chapter. Cross reference: Schedules incorporated by reference, §11-2004.

The driver of a vehicle emerging from an alley, driveway, or building shall stop that vehicle immediately prior to driving on to a sidewalk or into a sidewalk area across any alleyway, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway. (Code 1959, §21-18)

It shall be unlawful for a driver to enter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. (Code 1959, §21-43)

Except as otherwise provided in this article, it shall be unlawful to operate a vehicle in excess of thirty-five (35) miles per hour inside the corporate limits. Violation of this section is an infraction and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. 2022-339 , §22, 2-15-22) State law reference: Speed limits generally, municipal authority, G.S. 20-141.

When proper signs have been erected giving notice of speed limits which are other than the generally applicable thirty-five (35) miles per hour limit, it shall be unlawful to operate a vehicle in excess of such speeds upon the streets or portions of streets listed in official Traffic Schedule No. 5, Speed Limits other than thirty-five (35) miles per hour. Violation of this section is an infraction and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. 2022-339 , §23, 2-15-22) Cross reference: Schedules incorporated by reference, §11-2004; speed limit policy for residential streets, Resolution No. (1990)-633.

When proper signs have been erected giving notice of the appropriate speed regulations, it shall be unlawful to operate a motor vehicle in excess of the speed limits which are made effective on specified streets or portions of streets during particular hours of the day or night, as designated in official Traffic Schedule No. 5, Speed Limits. Cross reference: Schedules incorporated by reference, §11-2004.

When authorized signs, markers, buttons, or other indicators are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of the indicators. State law reference: Turning at intersections, G.S. 20-153.

Upon a street at any intersection where the proper respective lane or lanes for right or left turns or straight ahead movement have been designated by signs, arrows or markers on, above or beside the street, drivers of vehicles, in preparation for a right or left turn or straight ahead movement, shall with proper regard for the safety of others, move into the proper allocated lane at least fifty (50) feet before reaching the intersection and shall make no turn to either right or left or proceed straight ahead unless within a lane in which that turn or straight ahead movement is permitted. Lane allocations at intersections shall be as designated on official Traffic Schedule No. 6, Restricted Turns at Channelized Intersections. (Code 1959, §21-28) Cross reference: Schedules incorporated by reference, §11-2004.

When signs have been erected giving notice thereof, no driver of a vehicle shall make a U-turn at locations where U-turns are prohibited, as specified in official Traffic Schedule No. 7, U-Turns Prohibited. (Code 1959, §21-15) Cross reference: Schedules incorporated by reference, §11-2004.

After authorized signs have been erected giving notice thereof, it shall be unlawful to make a left turn, right turn, or a straight-through movement, respectively, at the locations set out in official Traffic Schedule No. 8, Restricted turns at or between intersections. Cross reference: Schedules incorporated by reference, §11-2004.

After authorized signs have been erected giving notice thereof, it shall be unlawful to proceed to turn right while facing a red traffic light at those locations specified in official Traffic Schedule No. 1, Electronic traffic control signals. Cross reference: Schedules incorporated by reference, §11-2004.

Upon those streets designated as one-way streets, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. Designated one-way streetsshall be as specified in official Traffic Schedule No. 9, One-way streets. Cross reference: Schedules incorporated by reference, §11-2004. State law reference: One-way traffic, G.S. §20-165.1.

The driver of a motorized vehicle shall not drive within any sidewalk except at a permanent or temporary driveway. (Code 1959, §21-19; Ord. No. 1988-103, §1, 1-5-88)

(a) It shall be unlawful for any person riding upon any bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle to attach the same or himself to any moving vehicle upon any roadway. (b) It shall be unlawful for any person to ride the running board, fenders or bumpers of any vehicle except on slow moving vehicles in a parade. (Code 1959, §21-20)

It shall be unlawful for any person to go upon any roadway while moving or riding in or by means of roller skates, coaster, sled or any other nonmotorized or toy vehicle or other similar device; except, while crossing a street at a crosswalk, upon streets and portions thereof properly designated as play or sledding streets, or when such vehicle is a bicycle. (Code 1959, §21-21) Cross reference: Sledding streets listed, §9-2001.

It shall be unlawful for any person to drive along or across any street upon or across which any barrier shall have been erected. (Code 1959, §21-32.1)

It shall be unlawful for any person to operate a motor vehicle upon public streets on which there is an accumulation of ice or snow unless the vehicle is equipped adequately to insure the continued, controlled mobility of the vehicle under the existing conditions; provided, the failure of an operator to maintain the continued, controlled mobility of his vehicle under the above conditions or the abandonment of a motor vehicle under §11-2028 under the above conditions, shall be deemed to be a failure to properly equip such vehicle as required by this section. It shall be unlawful to allow or cause a motor vehicle to stand or remain standing on the main traveled way of a street or highway in the City in violation of §11-2171 or otherwise. (Code 1959, §21-33.1)

It shall be unlawful for any person to drive any motor or other vehicles over a median strip or any freshly painted line, arrow, crosswalk lines, or other traffic direction sign painted on the streets of the City when signs, flags, marking cones, or other devices are placed adjacent thereto giving notice of the existence thereof. (Code 1959, §21-33.1)

The driver of a vehicle shall not back the same into an intersection or over a crosswalk and shall not in any event or at any place back a vehicle unless such movement can be made in safety. (Code 1959, §21-24)

No personshall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons over three (3), as to obstruct the view of the driver to the front or side of the vehicle, or as to interfere with the driver's control over the driving mechanism of the vehicle. (Code 1959, §21-25) State law reference: Overloaded or overcrowded vehicles, G.S. 20-140.2.

No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street or driveway to be used at any fire or alarm of fire, without the consent of the Fire Department official in command. (Code 1959, §21-26)

No driver of a vehicle shall drive between the vehicles comprising a funeral procession or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. (Code 1959, §21-26)

(a) A funeral composed of a procession of vehicles shall be identified by burning lights on the cars in the procession while proceeding to the cemetery. (b) Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and follow the vehicle ahead as closely as practical and safe. (Code 1959, §21-30)

(a)Definitions. The following definitions shall apply in the interpretation and enforcement of this section: (1)Trucks. The word truck or trucksshall mean any motor vehicle used or designed to be used for the transportation of cargo or passengers, including but not limited to the following: Trucks; intercity buses; truck-drawn trailers when the truck is equipped with dual rear wheels. The following motor vehicles are excluded from this meaning: Passenger automobiles; pickup trucks; vehicles not having dual rear wheels; motorcycles; motor scooters; school buses; charter buses; and other nonscheduled buses. (2)Through truck. The term through truckshall mean any truck having three (3) or more axles or any two-axle truck with dual rear wheels towing a trailer which passes through the City without stopping for the purpose of either collecting or discharging cargo or for the purpose of either collecting or discharging passengers. (3)Cargo. The word cargoshall mean any property transported by truck. (4)Operator. The word operatorshall mean the person physically operating a truck or a person therein and directing its operation. (5)Intersection of routes. The term intersection of routesshall mean the point reached on a highway within the City at which a direction sign indicates that a turn should be made from one route to another. (6)Direction sign. The term direction signshall mean the customary highway marker designating the highway route number or that a certain direction should be followed to reach a given destination. (7)Local truck. The term local truckshall mean any truck having three (3) or more axles or any two-axle truck with dual rear wheels towing a trailer and which enters, leaves or operates within the City for the purpose of either collecting or discharging cargo, or for the purpose of either collecting or discharging passengers within the City. (8)Through truck route. The term through truck routeshall mean those routes or streets established in subsection (b) and designated by signs as numbered Interstate, U.S., or N.C. routes and Wade Avenue Extension from I-40 to the Raleigh Beltline (I-440). Provided that all U.S. and N.C. numbered routes inside the Raleigh Beltline (I-440) shall remain "local truck routes." The above provision allows through trucks to use Wade Avenue Extension between I-40 and the Beltline. This expressway type facility is suitable for the through truck network. The provision also provides that through trucks must only use I-440 to pass Raleigh. (9)Local truck route. The term local truck routeshall mean those routes or streets established in subsection (d) and designated by signs as local truck routes. (10)Passenger. The word passengershall mean any person transported by truck. (11)Visiting truck. The term visiting truckshall mean any truck having three (3) or more axles or any two-axle truck with dual rear wheels towing a trailer which passes through the City for the purpose of collecting or discharging cargo at a single trip origin or destination. (b)Through truck routes. Through truck routes as defined herein are established for the passage of through trucks as defined herein, over the streets and highways within the City, according to the map entitled "Official Traffic Schedule No. 10, Through Truck Routes." (c)Through trucks to use through truck routes. (1) The operator of a through truck entering the City on any through trucking route shall proceed exclusively on a through truck route until he leaves the City. (2) The operator of a through truck entering the City by way of a route not a through truck route or local truck routeshall, upon entering the City, proceed to the nearest through truck or local truck route, whichever is nearer. Upon reaching a local truck route, the operator of a through truckshall proceed along such local truck route or routes to the nearest through truckroute. Upon reaching the through truck route, the operator of a through truckshall proceed exclusively upon a through truck route until he leaves the City. (d)Local truck routes. (1) Local trucksmay travel over any street or highway within the area bounded by the following streets: Wade Avenue from West Street to Downtown Boulevard; Downtown Boulevard from Wade Avenue to Peace Street; Peace Street from Downtown Boulevard toPersonStreet;PersonStreet from Peace Street to Edenton Street; Edenton Street fromPersonStreet to East Street; East Street from Edenton Street to South Street; South Street from East Street to Boylan Avenue; Boylan Avenue from South Street to Peace Street; Peace Street from Boylan Avenue to West Street; West Street from Peace Street to Wade Avenue. (2) Designated streets are hereby established as local truck routes for the passage of local trucks over the streets and highways within the City, according to official Traffic Schedule No. 11, "Local Truck Routes." (e)Local trucks to use special truck routes. (1) The operator of a local truckshall, upon leaving the origin of his trip, proceed by the shortest route to the nearest through truck route or local truck route. (2) The operator of a local truck proceeding on a local truck route or a through routeshall proceed exclusively on such truck route or routes until he reaches a point on that route which allows him to proceed by the shortest route to his destination. (3) The operator of a local truck entering the City on a route other than a through truck route or local truck routeshall, upon entering the City, proceed by the shortest route to the nearest local truck route or through truck route and shall proceed on such route until the point on such route nearest his destination is reached. (4) When the shortest route between the origin and the destination of a local truck is less than the distance between the origin and the nearest truck route, the operator of such local truckshall not be required to proceed to a through truck route or a local truck route before proceeding to his destination. (5) When the shortest route between the origin and destination of a local truck is less than the shortest route between the destination and the nearestlocal truck route or through truck route, the operator of alocal truckshall not be required to proceed to the nearest local truck route or through truck route before proceeding to his destination. (6) When the shortest route between the point of entry into the City and the destination of a local truck is less than the shortest route from the point of entry into the City to the nearest through truck route, or local truck route, the operator of a local truck, upon entering the City, shall not be required to proceed to the nearest through truck route or local truck route before proceeding to his destination. (f)Visiting trucks to use through truck routes: (1) The operator of a visiting truck entering and passing through the Cityshall proceed exclusively on a through truck route or routes until he reaches a point on such route which allows him to proceed by the shortest route to his destination. (2) The operator of a visiting truck leaving the Cityshall proceed by the shortest route to athrough truck route and shall proceed exclusively on such through truck route or routes until he leaves the City. (g)Provisions mandatory; noncompliance declared unlawful. The provisions of this section and every subsection hereof are mandatory and not merely directory, and failure to comply with the provisions of this section or any subsection hereof is hereby declared to be unlawful and punishable as provided by law. Violation of this section is an infraction and may also be enforced through issuance of a civil penalty pursuant to section 14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §21-22; Ord. No. 1980-526, §1, 11-18-80; Ord. No. 1981-717, §1, 8-4-81; Ord. No. 1984-261, §1, 1-3-84; Ord. No. 1986-734, §§1—3, 2-18-86; Ord. No. 1988-182, §§1, 2, 6-7-88; Ord. No. 1991-825, §1, 7-16-91; Ord. No. 2022-339 , §24, 2-15-22) Cross reference: Schedules incorporated by reference, §11-2004.

(a) It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be moved or driven on any street within the corporate limits any vehicle or vehicles of a size exceeding the limitations stated in this section, provided that the prohibition and limitations of this section shall only apply on the days of the week of Monday through Friday inclusive and shall only apply during the periods between 7:30 a.m. and 8:30 a.m. and between 4:30 p.m. and 6:00 p.m. (b) The total outside width of any vehicle or the load thereon shall not exceed ten and one-half (10½) feet. (c) No vehicle, unladen or with load, shall exceed a height of thirteen (13) feet, six (6) inches. (d) A vehicle having two (2) axles shall not exceed thirty-five (35) feet in length of extreme overall dimensions inclusive of front and rear bumpers. A vehicle having three (3) axles shall not exceed forty (40) feet in length of overall dimensions inclusive of front and rear bumpers. A truck-tractor and semitrailer shall be regarded as two (2) vehicles for the purpose of determining lawful length. (e) No combination of vehicles coupled together shall exceed a total length of fifty-five (55) feet inclusive of front and rear bumpers. (Code 1959, §21-53)

(a)Traffic-control photographic system. An electronic system consisting of photographic, video or electronic camera and vehicle sensor installed to work in conjunction with and official traffic control and to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control. (b)In operation. In good working order. (c)System location. The approach to an intersection toward which a traffic control photographic system is directed and in operation. (d)Vehicle owner. The person identified by the N.C. Department of Motor Vehicles as the registered owner of a motor vehicle. (Ord. No. 2001-108, §1, 11-7-01)

(a) It shall be unlawful for a vehicle to cross the stop line at a system location when the traffic signal for that vehicle's direction of travel is emitting a steady red light, or for a vehicle to violate any other traffic regulations specified in G.S. 20-158. (b) The owner shall be responsible for a violation under this section, except when the owner can provide evidence that the vehicle was in the care, custody, or control of another person at the time of the violation as described in (c). (c) Notwithstanding (b) above, the owner of the vehicle shall not be responsible for the violation if no more than thirty (30) days after notification of the violation he furnishes any of the following to the City: (1) An affidavit stating the name and address of the person or entity who had the care, custody or control of the vehicle at the time of the violation. (2) An affidavit by the owner stating that at the time of the violation the vehicle involved was stolen. The affidavit must include supporting evidence, such as insurance or police report information. (3) An affidavit that the person who received the citation is not the owner of the vehicle and was not the driver of it, or a notarized statement that the person who received the citation was not driving any vehicle at the time and place designated in the citation. (d) The Raleigh Transportation Department shall administer the traffic-control photographic system and program and shall maintain a list of system locations and shall see that all locations are marked as required by c.286, s.l.2001. (Ord. No. 2001-108, §2, 11-7-01; ; Ord. No. 2003-434, §1, 5-6-03; Ord. No. 2003-497, §1, 9-2-03)

(a) Any violation of this section shall be deemed a non-criminal violation for which a civil penalty of fifty dollars ($50.00) shall be assessed. The violation shall not be assessed any points pursuant to G.S. 20-16(c) or G.S. 58-36-65. Notice of the violation shall be forwarded to the owner by personal service or first class mail to the address given on the motor vehicle registration. The owner shall have thirty (30) days to respond to the notice of violation. If the owner fails to pay the civil penalty or to respond to the notice of violation within the time period specified on the citation, the owner shall have waived the right to contest responsibility for the violation and shall be subject to an additional penalty of fifty dollars ($50.00). The City may establish procedures for the collection of these penalties and may enforce the penalties by civil action in the nature of debt. (b) A notice of appeal shall be filed within thirty (30) days after receiving notification of the violation. Failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the citation. Appeals shall be heard by an administrative process established by the City and set out on each citation. Anyone desiring an appeal must post a bond equal in amount to the civil penalty for the violation before an appeal hearing will be scheduled. A member of the appeals panel may waive or reduce the bond upon receipt of sworn evidence that the appealing party is unable to pay the full amount of the bond. Sworn evidence must be submitted within seven (7) calendar days after a notice of appeal has been filed. Appeals from a decision of the appeals panel shall be by certiorari to the Superior Court of Wake County. (Ord. No. 2001-108, §3, 11-7-01; Ord. No. 2003-434, §§2, 3, 5-6-03; Ord. No. 2003-497, §§2, 3, 9-2-03)

It shall be unlawful to open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving motor vehicle or bicycle traffic for a period of time longer than necessary to load or unload passengers. (Ord. No. 2013-239, §4, 11-5-13)

The following streets shall be used for pedestrian traffic only, and it shall be unlawful to operate any vehicle over or along such streets except ambulance, rescue squad, Police or Fire Department vehicles being operated on an emergency mission, or other vehicles pursuant to a permit issued under Part 9, Chapter 7 of the Code. (a) Exchange Street from Fayetteville Street to South Wilmington Street. (b) Fayetteville Street, from its intersection with the southern boundary of Morgan Street to its intersection with the northern boundary of Davie Street, but excluding the intersections of Martin Street and Hargett Street. Cross reference: Pedestrian malls generally, Part 9, Chapter 7.

It shall be unlawful for any person to cross a street, on foot or by any other means, at a point and in a manner prohibited by this section and where a sign, barricade or other notice indicates that such crossing is prohibited. Locations where pedestrian crossing is so prohibited shall be as designated in Traffic Schedule No. 12, "Pedestrian Crossing Prohibited." (Code 1959, §21-17.2) Cross reference: Schedules incorporated by reference, §11-2004.

(a) Pedestrians crossing roadways at intersections where electronic traffic-control signals are located which are regulated by separate electronic pedestrian signals must obey the instructions of the pedestrian signals. (b) Pedestrians who are lawfully in a roadway when the pedestrian signal changes should proceed across the roadway. (c) Pedestrians crossing roadways at signalized intersections which are not regulated by separate electronic pedestrian signals must obey the instructions of the traffic-control signal facing vehicular traffic moving in the same direction as such pedestrians. (d) Pedestrians crossing roadways at signalized intersections which are not regulated by separate pedestrian signals must not start to cross when a yellow light is exhibited to vehicles. (e) The electronic traffic and pedestrian control signals described in this section shall be located, and the regulations provided in this section shall be effective, as designed in official Traffic Schedule No. 1, "Electronic Traffic Control Signals." Cross reference: Electronic traffic-control signals, §11-2071.

All offenses set out in Article J of this chapter shall be punished as civil offenses pursuant to G.S. 160A-175. Violations shall not be misdemeanors or infractions pursuant to G.S. 14-4. (Ord. No. 1986-774, §4, 4-15-86; Ord. No. 2020-167 , §1, 12-1-20)

(a)Obstructing traffic. It shall be unlawful for any person to stop, stand or park any motor vehicle upon a street, alley or parking facility owned, leased, maintained, or controlled by the City in such manner or under such conditions as to obstruct the free movement of vehicular traffic, except as otherwise provided by City Code or law. (b)Designated places. Except as otherwise provided by law, no person shall stop, stand or park a motor vehicle (attended or unattended) except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device in any of the following places: (1) On a sidewalk, in the area between the roadway and the sidewalk, in the area between the right-of-way line and the roadway or in the median area of a divided roadway. (2) On or within twelve (12) feet of a crosswalk. (3) Within an intersection or withintwenty-five (25) feet thereof. (4) Within twenty-five (25) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a street or roadway. (5) Underpass approaches. No motor vehicleshall park on either side of any street approaching a railroad underpass or overhead bridge within fifty (50) feet in any direction of the outer edge of such underpass or overhead bridge. (6) Grade crossing approaches. No vehicle shall park on either side of any street approaching a grade crossing within fifty (50) feet of the closest rail; provided, that where existing permanent structures are located along the street and closer than fifty (50) feet, parking may be permitted in front of such structures, unless otherwise prohibited, if the parking does not interfere with the view in either direction of an approaching locomotive or train. (7) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic. (8) Upon any bridge or other elevated structure or within any underpass structure. (9) On the roadway side of any vehicle stopped, standing or parked at the edge or curb of a street. (10) Within fifteen (15) feet in either direction of a fire hydrant, unless a greater or lesser distance is designated by action of the Council and appropriate signs or markings are displayed. (11) Within five (5) feet on either side from a private road or driveway, or in such a manner to block the passage of vehicles to or from such road or driveway. (12) In any parking place designated as a car share space unless the vehicle belongs to a car sharing agency or company approved by and listed with the City of Raleigh pursuant to §11-2001 of this Code. (Code 1959, §21-34(a); Ord. No. 1982-821, §1, 1-5-82; Ord. No. 1982-933, §1, 6-29-82; Ord. No. 1990-591, §1, 6-5-90; Ord. No. 2012-122, §2, 11-20-12, eff. 11-27-12; Ord. No. 2013-239, §2, 11-5-13; Ord. No. 2016-613, §2, 6-21-16, eff. 6-26-16 ; Ord. No. 2020-167 , §1, 12-1-20) Parking restrictions in City-owned parks, Part 9, Ch. 2, Art. B. State law reference(s)—Stopping on highway prohibited, G.S. 20-161; parking in certain places prohibited, G.S. 20-162.

When signs are erected or painted on the street giving notice thereof, no person shall at any time, except during church services on Sundays, or other times designated in official Traffic Schedule No. 13, park any vehicle within the areas designated as "no parking" zones; provided, use of such areas for church services on Sunday shall not be construed to permit parking where parking is otherwise prohibited by this article. The Transportation Department shall erect or paint signs at locations designated as "no parking" zones. Locations designed as "no parking" zones shall be as set out in official Traffic Schedule No. 13, "No Parking Zones." (Code 1959, §21-34(e); Ord. No. 2020-167 , §1, 12-1-20) Cross reference(s)—Traffic schedules incorporated by reference, §11-2004.

When signs are erected giving notice thereof, no person shall at any time stop, stand, or park a motor vehicle within the areas designated as "no stopping or standing" zones. Stopping or standing shall be unlawful in such zones, as designated in official Traffic Schedule No. 14, "No Stopping or Standing Zones." (Code 1959, §21-34(g); Ord. No. 2020-167 , §1, 12-1-20) Cross reference(s)—Traffic schedules incorporated by reference, §11-2004.

(a) When signs are erected adjacent to parking spaces in each block giving notice thereof, no person shall park a motor vehicle for longer than the limits stated on the signs, as the same are set out in official Traffic Schedule No. 15, "Parking Time Limits." A vehicle may park in a timed zone more than once during a day, provided the vehicle is moved prior to the expiration of the time which is legally allowed and does not return to the same block for a minimum of thirty (30) minutes. "Parking Time Limited" zones are to be enforced in accordance with Traffic Schedule 15 "Parking Time Limits," provided that such parking time limits shall not be applicable in the following cases: (1) On Sundays and all City observed holidays. (2) At locations specified in §11-2172, §11-2178, §11-2179, or as provided in Article K of this chapter. (b) Each interval of time, equal to the legally allowable parking time in any particular zone, by which a vehicle remains beyond the legal time, shall be a separate violation. For example, each hour or part thereof a vehicle remains past the first hour in a one-hour parking zone shall constitute a separate violation. (Code 1959, §21-37; Ord. No. 1981-691, §2, 6-16-81; Ord. No. 1997-76, §1, 3-4-97; Ord. No. 2006-998, §1, 4-18-06; Ord. No. 2012-35, §1, 4-3-12, eff. 4-10-12; Ord. No. 2013-239, §2, 11-5-13; Ord. No. 2020-167 , §1, 12-1-20) Cross reference(s)—Schedules incorporated by reference, §11-2004.

(a) As used in this article, the term City Parking Facilities shall mean any off-street area, structure or garage that is owned, leased, maintained or controlled by the City for the purpose of vehicle parking, except for those areas within a City park as provided for in §§ 9-2013, 9-2014. The term City Parking Facilities shall also mean parking spaces, driveways, entrances, exits, lanes and aisles located therein or appurtenant thereto. (b) Except as otherwise expressly provided and permitted in this section, a vehicle may be parked within City Parking Facilities only in those locations designated by the Director or designee, provided, however, it shall be unlawful for any person to stop, stand or park any vehicle on or within City Parking Facilities, or to suffer or permit any vehicle owned or operated by him to stop, stand, or park on or within such City Parking Facilities. (c) Any vehicle unlawfully stopping, standing, or parking in violation of this section shall constitute an offense enforceable by civil penalties set out in article B of Part 11 of City Code, or by any lawful enforcement method, including towing as provided in Parts 9, 11 and 12 of City Code. (d) The Director or designee is authorized to enforce violations of this section and this article, and implement procedures to administer the provisions of this section and article. (e) To facilitate the safe and efficient use of City Parking Facilities, the Director or designeemay designate with appropriate markings or signage within or immediately adjacent to City Parking Facilities parking spaces, parking zones, lanes and aisles, driveways, entrances and exits for use by authorized vehicles or persons. (f) The City Council shall have authority to establish parking fees, hours of operation, and time limits for parking spaces within City Parking Facilities which shall be in accordance with the City of Raleigh Fee Schedule and adopted traffic schedules. (g) The Director or designee may reserve and designate with appropriate markings or signage parking spaces within City Parking Facilities for vehicles operated by members of the City Council and City employees while they are performing official duties of the City, and parking spaces for public use or reserved public parking through the use of parking meters, pay stations, signs, striping or other appropriate methods. (h) It shall be unlawful to park any vehicle other than a compact vehicle, as defined in § 11-2001, within a space marked as "compact vehicles only." (Code 1959, §21-34(b)—(d); Ord. No. 1982-876, §1, 3-23-82; Ord. No. 1993-151, §1, 4-6-93; Ord. No. 1998-454, §17, 11-4-98; Ord. No. 2008-434, §§1, 2, 8-5-08; Ord. No. 2020-167 , §1, 12-1-20) Parking areas in parks, §§9-2013, 9-2014.

It shall be unlawful for any motor truck carriers operating as either common or contract carriers over regular or irregular routes, all passenger bus carriers, and all other owners of motor trucks or trailers of any kind, including house trailers, whose trucks, truck-trailers, trailers, semi-trailers, house trailers or buses at any time are operated into, out of, through, or within the corporate limits of the City and the drivers and operators of any such vehicles, to use City rights-of-way, or City owned or leased property for parking and storing those vehicles within the City's corporate limits except for the purposes of travel and transporting, loading and unloading passengers and except for temporary parking in cases of emergency involving a mechanical breakdown necessitating repairs to any such vehicle. Provided that the provisions of this section shall not apply to mass transit buses, trucks that have overall dimensions that do not exceed a width of eight (8) feet with an overall length of twenty (20) feet or less, nor shall they apply to school buses or vehicles parked in conformity with City Code. (Code 1959, §21-36; Ord. No. 1977-420, §1, 1-4-77; Ord. No. 2020-167 , §1, 12-1-20)

(a)Passenger loading and unloading. No person shall stop, stand or park a vehicle for any purpose other than for actively loading or unloading passengers in any place marked as a passenger loading and unloading zone during the hours when the restrictions applicable to such zones or stops are effective. In no case shall the stopping, standing, or parking in such zone exceed ten (10) minutes. Passenger loading and unloading zones and the restrictions applicable thereto, shall be as stated in official Traffic Schedule No. 16, "Passenger Loading and Unloading Zones. (b)Materials loading and unloading. No person shall stop, stand or park a vehicle for any purpose other than for actively unloading and delivering, or picking up and loading materials in any place marked as a "Materials Loading and Unloading Zone" during hours when the provisions applicable to such zones are in effect. Unless otherwise stated, these loading zones shall be in effect from 8:00 a.m. to 5:00 p.m., Monday through Saturday. In no case shall the stopping, standing, or parking in such zone exceed sixty (60) minutes. Materials Loading and Unloading Zones and the restrictions applicable thereto shall be as stated in official Traffic Schedule No. 17, "Materials Loading and Unloading Zones." (c)Commercial vehicle only loading zone. (i) Definition. For purposes of this section, "commercial vehicle" shall mean a truck or other vehicle which is used principally for business purposes and upon which the name, logo, or other designation of the person owning or operating the vehicle is painted, or otherwise permanently affixed to the vehicle in letters or markings at least two inches in height, or which displays a valid commercial license plate issued by any state. (ii) Use, generally. It shall be unlawful for any person to either park any vehicle (1) other than a commercial vehicle, in any commercial loading zone as designated by the City in official Traffic Schedule No. 24, or (2) in a commercial loading zone during the enforcement hours stated in Traffic Schedule No. 24, "Commercial Loading" Zones," for any purpose other than actively loading or unloading property, goods or merchandise from a commercial vehicle, provided that such loading or unloading shall not exceed sixty (60) minutes. In addition to any applicable fine or penalty, any vehicle parked in violation of this section shall be subject to being cited at the discretion of any law or parking enforcement officer. The restrictions applicable to commercial vehicle loading zones shall be described in official Traffic Schedule No. 24, "Commercial Loading Zones." (d)Musician loading and unloading zone. (i) Area affected. This section shall apply only within the downtown business district bounded by Peace Street on the North, South Street on the South, East Street on the East, West Street northward to Hillsborough Street on the West, and Glenwood Avenue from Hillsborough Street to Peace Street also on the West. Musician loading zones and the restrictions applicable thereto, shall be designated in official Traffic Schedule No. 27, "Musician Loading Zones." (ii) Use, generally. It shall be unlawful for any person to either (1) park any vehicle, other than an authorized musician loading vehicle, in any musician loading and unloading zone as designated by the City in official Traffic Schedule No. 27, or (2) during the enforcement hours described in Traffic Schedule No. 27, "Musician Loading Zones," to utilize such zone for any purpose other than actively loading or unloading musical instruments and other related equipment. Any vehicle parked in violation of this section shall be subject to being cited with a violation notice with the applicable fine or penalty at the discretion of any law enforcement officer or parking enforcement officer. (iii) Definition. For purposes of this section, "musician loading vehicle" shall mean any vehicle displaying a valid musician loading permit issued by the City of Raleigh and parked with the emergency flashers activated for the purpose of actively loading and unloading musical instruments and/or other equipment used in the performance of music. In no case shall the stop for loading or unloading exceed thirty (30) minutes. Unless otherwise indicated, musician loading and unloading zones shall be in effect 5:00 p.m. to 3:00 a.m., Monday through Sunday. (e)Food Truck Loading Zones. (i) For the purposes of this subsection, the term "food truck" shall have the meaning defined in § 12-1024.1 (a). (ii) Use, generally. It shall be unlawful for any person to either (1) park any vehicle, other than a food truck as defined in, and permitted in accordance with § 12-1024.1, in any food truck loading and unloading zone as designated by the City in official Traffic Schedule No. 13, or (2) park any vehicle in such zone during the enforcement hours stated in Traffic Schedule No. 13, "No Parking Zones." Any vehicle parked in violation of this section shall be subject to being cited with a violation notice with the applicable fine or penalty at the discretion of any law enforcement officer or parking enforcement officer. (f)Mixed-Use Loading Zone. No person shall stop, stand or park a vehicle for any purpose or length of time other than for actively loading, unloading, delivering or picking up of any kind in any place marked as a Mixed-Use Loading and Unloading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stopping, standing, or parking in such zone exceed thirty (30) minutes. Mixed-Use Loading and unloading zones and the restrictions applicable thereto shall be as stated in official Traffic Schedule No. 29, "Mixed-Use Loading Zones." (g)Exemption for television transmission. Notwithstanding provisions of this section to the contrary, and for the sole purpose of television signal transmission, it shall be lawful for a vehicle containing mobile television transmission equipment to park in a space designated as a loading zone. Provided, however, that such vehicle shall only remain in the loading zone for the minimum period of time required to prepare for the transmission of live television signals, and in no event for longer than one (1) hour. (h)Curbside pickup zone. No person shall stop, stand or park a vehicle for any purpose or length of time other than for actively picking up retail goods ordered by telephone or through the Internet in any place marked as a Curbside Pickup Zone during hours when the provisions applicable to such zones are in effect. In no case shall the stopping, standing, or parking in such zone exceed thirty (30) minutes. Curbside Pickup Zones and the restrictions applicable thereto shall be as stated in official Traffic Schedule No. 30, "Curbside Pickup Zones." (Code 1959, §21-28; Ord. No. 2006-990, §§1, 2, 3-21-06; Ord. No. 2006-67, §§1, 2, 8-8-06; Ord. No. 2015-525, 12-1-15 ; Ord. No. 2020-167 , §1, 12-1-20; Ord. No. 2022-321 , §1, 1-18-22) Cross reference(s)—Schedules incorporated by reference, §11-2004.

No person shall stop, stand or park a vehicle other than a bus in a bus zone. Bus zones shall be used for the exclusive purpose of loading and unloading passengers to and from the bus. The driver of a bus shall not park a bus or permit a bus to stand within City streets or rights-of-way other than at a bus zone or bus stop except that this provision shall not prohibit the driver of any such vehicle from temporarily stopping in accordance with applicable traffic or parking regulations at any place for the purpose of, and while actually engaged in, loading or unloading passengers. Bus zones shall be located as stated in official Traffic Schedule No. 19, "Bus Zones." (Code 1959, §21-39; Ord. No. 2020-167 , §1, 12-1-20) Cross reference(s)—Public transit services generally, Part 9, Chapter 4; schedules incorporated by reference, §11-2004.

(a) No person shall stop, stand or park in a roadway upon which the boundaries of individual parking spaces are marked on the pavement other than parallel with the front of the curb or edge of the roadway, headed in the direction of traffic and completely within the boundaries of the delineated parking space. When no parking space boundaries are marked on the roadway the vehicle shall be parked as above except that it may not be farther than twelve (12) inches from the curb or edge of the roadway if there is no curb. On streets which have been marked or signed for angle parking vehicles shall be parked at the angle to the curb indicated by such marks or signs. The requirement that the vehicle be headed in the direction of traffic is not applicable if the parking space in question is on a street of two (2) lanes or less, without a marked center line, and located in a residentially zoned area. (b) For the purposes of this section "front of the curb" shall mean the roadside of the curb that is raised above and perpendicular to the gutter. (c) For the purposes of this section "edge of the roadway" shall mean the portion of the right-of-way where the improved area designed and ordinarily used for vehicular traffic meets the unimproved area not designed or ordinarily used for vehicular traffic. (Ord. No. 1995-607, §1, 4-18-95; Ord. No. 2010-705, §1, 2-16-10; Ord. No. 2020-167 , §1, 12-1-20)

No person shall stand or park a vehicle within City maintained right-of-way for the principal purpose of: (1) Displaying it for sale. (2) Washing, greasing, or repairing such vehicle, except repairs necessitated by emergency. (3) Storage as defined in § 11-2182 (a)(3). Abandoned vehicles may be subject to removal pursuant to Part 12, chapter 7, of City Code. (Code 1959, §21-41; Ord. No. 2020-167 , §1, 12-1-20)

(a) The Chief of the Police Department, or his duly appointed representative, is authorized to prohibit on a temporary basis the parking of vehicles under the following circumstances; provided, however, that this authorization shall apply only to areas not having parking meters except as set out below: (1) Along parade routes permitted by the Police Department of the City for a period of two (2) hours before a parade begins until one (1) hour after the end thereof along streets having parking meters or any other streets within the City. (2) Adjacent to curbs where street or public utility repairs are being made or are to be made if the parking at those curbs would interfere with the repair work. (3) Reserved. (4) Reserved. (5) Adjacent to the curb where parking would interfere with special events which may be lawfully conducted on the streets or sidewalks of the City. (b) It shall be unlawful to park a motor vehicle in the prohibited areas after signs, traffic cones, or other devices have been conspicuously placed to give notice that parking is prohibited. (Ord. No. 1984-452, §4, 12-4-84; Ord. No. 2020-167 , §1, 12-1-20) Cross reference(s)—Parade regulations generally, §12-1051et seq. ; parking meter zones and restrictions applicable thereto, §11-2200et seq. ; reservation or encumbrance of parking spaces, §11-2207. Annotation: Traffic schedules for residential parking access are found in Traffic Schedule 21.

(a)Definitions. As used in this section the following definitions apply: (1) Controlled parking residential area shall mean an area designated herein for restricted residential parking pursuant to criteria established in this section. (2) Residential parking permit shall mean a permit issued hereunder by the City and authorizing the vehicle bearing such permit to be parked for a period in excess of posted limits in a controlled parking residential area. (3) Storage shall mean any vehicle that has been parked on a street within a residential zoning district in the same block for seven (7) days or longer. (b)Study. Upon citizen request or on its own initiative, the City may study the feasibility and desirability of establishing or eliminating one or more controlled parking residential areas. A study shall consider, among other things: (1) The effect on the safety of residents of the area under consideration from intensive use by nonresidents for parking of vehicles, including the storage of vehicles. (2) The need of the residents of the area to obtain adequate on-streetparking adjacent to or close by their places of residence. (3) The difficulty or inability of residents of the area to secure adequate on-street parking adjacent to or close by their places of residence because of widespread use of available parking spaces in that area by nonresident transient motorists. (4) The impact of major public facilities and programs on the health, safety, and welfare of the residents of the area and any unreasonable burdens placed on those residents in securing adequate on-streetparking and gaining access to their places of residence by virtue of such facilities and programs. (5) The likelihood of alleviating, by use of a parking permit system, any problem of unavailability of residential parking spaces. (6) The desire of the residents in the area for the institution of a parking permit system and the willingness of those residents to bear the administrative costs incidental to the issuance of permits authorized by this section. (7) The need for all residential permit spaces to be available in the area under consideration for use by visitors and the general public for at least sixteen (16) hours, with or without time restriction. (8) Such other factors as the Director shall deem relevant. (c)Petition and designation. Procedures for submitting a petition and designation of the controlled parking residential area are as follows: (1) Petitions shall be on forms prepared and promulgated by the City. The petition shall identify the boundaries of and streets within the proposed controlled parking residential area and shall be signed by an adult resident from at least seventy (70) per cent of the units eligible for a permit contained in each block of the proposed controlled parking residential area or by an authorized representative of these residents. The Director shall determine the showing necessary to establish a representative's authority. Completed petitions shall be submitted to the Director who shall determine their sufficiency. Any insufficient petition shall be remanded to the individual submitting it, with instructions for correction of deficiencies. (2) If the Director proposes to establish a controlled parking residential area, residents within the area proposed for the designation may petition for the establishment of the area. (3) A controlled parking residential area must contain either at least eight (8) contiguous block faces or must be a contiguous expansion of an existing controlled parking residential area and the area is abutted by property primarily in residential zoning districts. A block face as used herein shall mean one side of a street between two (2) intersecting streets. (4) No controlled parking residential area shall be established unless at least seventy (70) per cent of the households eligible for a permit within the proposed area have properly signed a petition in favor of the proposed restrictions. (5) Upon establishment of a controlled parking residential area and in accordance with the Council's directions, the Director shall cause to be posted parking signs in the area, which signs shall prescribe times, locations and conditions under which parking may be by permit only. (6) The Councilmay enact a temporary controlled parking residential area for a period of up to one (1) year only. In light of its temporary nature, the Council may apply special provisions to this temporary controlled parking residential area including provisions relating to permit fees. No temporary controlled parking residential areamay operate longer than one (1) year. After the one-year temporary period expires, unless the Council provides otherwise, the controlled parking residential area will continue in place and all provisions applicable to a regular controlled parking residential area will apply. (d)Permit display. Residential parking permits shall be issued by the Director of Transportation electronically unless a physical permit is specifically requested by the resident. If issued physically, the permit shall be attached to the driver's side of the vehicle either on the rear bumper or back window of the vehicle for which it is issued and shall contain the vehicle license number, the permit's year of issue, and the identification number of the controlled parking residential area for which it was issued. (e)Eligibility for permit. A resident within the boundaries of a controlled parking residential area that resides in a detached house, attached house, or townhouse, as such terms are defined in the City's Unified Development Ordinance, shall be eligible to receive one (1) residential parking permit for each vehicle that is principally operated by the resident. The Directorshall verify the residence address of persons obtaining such permits and shall record on the face of the permit the license number of the vehicle and the letter designation of the controlled parking residential area for which it is issued. As proof of residency, the Directormay require utility bills, notarized affidavits of the landlord, auto registration cards and other documentation deemed necessary naming the permittee and showing an address within the controlled parking residential area. Residential parking permits issued for vehicles used by nonresidents of the controlled parking residential area or used for purposes of daily commuting to the area or for purposes of storage of a nonresident's vehicle are void. Any care provider who provides regular medical or in-home care services for more than two (2) continuous hours within a 24-hour period to persons residing in a controlled parking residential areamay apply to the Director for a controlled residential parking permit. Upon approval of the permit and proper display of the parking permit in accordance with this section, all parking rights and privileges extended to vehicles displaying a residential parking permit shall apply. The Directormay verify that medical and in-home care services are still being provided by the permittee or prospective permittee. As proof, the Directormay require a certification that regular care is needed and being provided to persons residing in a controlled parking residential area. The permit under this subsection is made subject to the provision of such care by the permittee and shall automatically expire upon cessation of such care. (f)Permit issuance fee. The Director or designee shall issue residential parking permit decals for an annual administrative fee established by the Council. The fee shall not be prorated for partial years. No residential parking permit shall be transferred to another vehicle. The charge for replacement of damaged or faded permits shall be established by the Council except that a replacement permit shall be issued without cost if an individual returns a current used permit, or scrapings from the permit, and shows proof of purchase to the Director or if an individual shows proof to the Director of change in registration number for the vehicle. Residential parking permits shall be issued on a calendar year basis, and shall expire at midnight on December 31 of each year. Provided it shall not be unlawful to continue to park an authorized vehicle in a controlled parking residential area during the period between December 31 and February 14 inclusive, if a residential parking permit for the vehicle was issued for the previous immediate calendar year. (g)Restrictions. (1) No person shall display a residential parking permit on a vehicle unless such vehicle displays the same vehicle license number as shown on the residential>parking permit; and any such use or display except as authorized herein shall constitute a violation of this Code by the permittee and by the person who so used or displayed the residential parking permit. (2) It shall constitute a violation of this Code for any person to falsely represent himself as eligible for a residential parking permit or to furnish any false information in an application to the City in order to obtain a residential parking permit. (3) The Director is authorized to revoke the residential parking permit of any permittee found to be in violation of this section, and, upon written notification thereof, the permittee shall surrender such permit to the Director. Failure, when so requested, to surrender a residential parking permit, so revoked, shall constitute a violation of this Code. (h)Compliance with signs. The Council may establish parking restrictions that apply within a controlled parking residential area. When parking time limited restriction signs are erected adjacent to streets in a controlled parking residential area, no person shall park a vehicle for longer than the posted time on the same block more than once during the time restricted portion of the calendar day, unless such vehicle has a properly displayed residential parking permit or has been issued an electronic permit for the area in which parked, provided that these provisions shall not apply to locations specified in §11-2172 (no parking zones), (§11-2171 (no-parking places), §11-2173 (no stopping or standing) §11-2174 (time limited parking), §11-2177 (loading zones), §11-2178 (bus zones), and §11-2202 (meter zones). A residential parking permit shall not guarantee or reserve to the holder a parking space within a designated controlled parking residential area. (i)Visitor Parking Pass. A resident within a residential controlled parking area may apply to the Director for a residential visitor parking pass which, if approved, shall be issued electronically to the resident, unless a physical permit is specifically requested. If a physical permit is issued, the permit must be fully completed and placed face up on the dash of the visitor's vehicle so that it is clearly visible on the curb side of the vehicle. Each visitor parking pass shall be valid for a single twenty-four (24) hour time period. If multiple days are desired for a particular visitor, then the resident must obtain from the City additional visitor parking passes. (Ord. No. 1979-8, 2-6-79; Ord. No. 1981-657A, §1, 5-5-81; Ord. No. 1982-834, §1, 2-2-82; Ord. No. 1996-820, §1, 2-6-96; Ord. No. 2007-182, §1, 3-20-07; Ord. No. 2018-817, §1, 4-17-18 ; Ord. No. 2020-167 , §1, 12-1-20; Ord. No. (2023) 535 , § 1, 7-5-23) Editor's note(s)—Updated controlled residential parking areas can be found in official Traffic Schedule No. 21, which are on file with the City Clerk's office. Case law annotation(s)—The U.S. Supreme Court, in County Board of Arlington County, Virginia v. Richards, 54 L.Ed. 2d 4 (1977) upheld the constitutional validity of controlled parking in residential areas.

After appropriate signs have been erected or affixed giving notice of these regulations, it shall be unlawful for any person to operate, stand, or park any motor vehicle or to allow other physical obstructions by equipment, structures, or other means in those areas of the GoRaleigh Station (formerly Moore Square Transit Mall) transit transfer facility designated and intended for the passage of buses or for pedestrians, except by a permit issued under applicable City policies and in compliance with any and all conditions of such permit; provided, however, this prohibition shall not apply to GoRaleigh and City transit vehicles, police, fire or other emergency vehicles, or privately owned motorized equipment such as wheelchairs or prosthetic equipment providing transport to the physically handicapped. (Ord. No. 1987-912, §1, 2-3-87; Ord. No. 2020-167 , §1, 12-1-20) Editor's note(s)—Ord. No. 1987-912, §1, adopted Feb. 3, 1987, did not expressly amend the Code; hence, codification as §11-2183 was at the editor's discretion.

When signs are erected giving notice thereof, no person shall stop, stand or park any vehicle except officially licensed taxis in taxi zones described in official Traffic Schedule No. 22. Taxi operators may park in such zones while waiting for riders provided that they remain within five (5) feet of their cab at all times unless expeditiously assisting a passenger. (Ord. No. 1989-467, §1, 12-5-89; Ord. No. 2003-390, §1, 2-18-03; Ord. No. 2020-167 , §1, 12-1-20)

No person shall stop, stand, or park any vehicle except official law enforcement vehicles in any area described as a police vehicle parking zone in official Traffic Schedule No. 23. A police vehicle includes but is not limited to any car, truck, trailer, motorcycle, van or any combination of the above used for the purpose of enforcing the laws, ordinances and regulations of the City of Raleigh. (Ord. No. 2001-973, §1, 4-3-01; Ord. No. 2020-167 , §1, 12-1-20)

(a)Definitions. (1) Valet parking services shall mean the provision of services in or upon City streets or rights-of-way for the purpose of loading and unloading passengers to and from vehicles and providing for the parking and retrieval of those vehicles from a location other than where the loading and unloading occurred. (2) Valet parking operator shall mean the person or entity that has been granted a permit to provide valet parking services within an approved valet zone as authorized in this section. (3) Annual valet parking permit shall mean a permit issued by the Director of Transportation or designee authorizing the holder of the permit to use City streets or rights-of-way to provide valet parking services within an approved valet parking zone on an annual basis. Such permit shall expire on December 31 of each year and may be renewed upon application accompanied by the appropriate fee. The valet parking application fee shall not be prorated for portions of a year. (4) Temporary valet parking permit shall mean a permit issued by the Director or designee authorizing the holder of the permit to use City streets or rights-of-way to provide valet parking services within an approved valet parking zone for a specific event and date. (b)Permit required. It shall be unlawful to use City streets or rights-of-way to provide valet parking services without first obtaining a valet parking services permit issued by the Director or designee in accordance with this section and valet parking zone requirements provided in official Traffic Schedule No. 28. (c)Permit application. Any person desiring to provide valet parking services shall complete a valet parking permit application and submit it for review to the Director or designee that shall contain the following information and shall be accompanied by a filing fee in an amount set out in the City of Raleigh Fee Schedule. (1) If the applicant is a natural person, the full name, age, residence address, phone number, and email address. If the applicant is an organization, state its legal name and any assumed names, address of its principal place of business, telephone number and email address of the organization's primary contact for the permit; also state the names of the organization's members, principal officers, or partners who are legally authorized to execute the application on behalf of the organization. (2) The full name, address, telephone number and email address of the natural person or organization receiving valet parking services. (3) Written justification for the need to provide valet parking services. (4) A drawing or sketch showing the proposed location and limits of the proposed valet parking service zone, and any on-street parking spaces or loading zones in proximity to the valet parking service zone. (5) An operation plan describing the days and times when valet parking services will be performed and where valeted vehicles will be parked while not occupied. (6) The experience of the applicant in the provision of valet services and whether the applicant, or any affiliate thereof, has had a valet parking permit or license revoked or suspended, and if so, the date, jurisdiction, and circumstances of such revocation or suspension. (7) A copy of the uniform or insignia to be used to designate the applicant's employees or agents. (8) Whether the applicant, any of its principal officers, employees or agents have ever been convicted of a felony within the past ten (10) years, including the date and jurisdiction of the conviction, and (9) Such other information that the Director or designee reasonably believes may bear on the qualifications of the applicant to provide valet parking services in a safe and efficient manner. The permit application requirements of this section shall also apply to permit renewals. (d)Permitting criteria. The valet parking permit is a revocable license for the provision of valet parking services within City streets or rights-of-way, and a permit application shall be reviewed, and approved or denied by the Director or designee in consideration of the following factors: (1) Whether the application is complete and appears to contain true, non- misleading and accurate information. (2) The extent to which the valet parking service may pose a risk to public safety, interfere with on-street parking, or the flow of pedestrian or vehicular traffic, factoring in the valet parking zone location in relationship to traffic lanes, control devices and intersections. (3) The proximity of the proposed valet parking zone to on-street and off-street parking, other permitted valet parking zones, with additional consideration given to the proximity, number, and relationship to other permitted valet parking zones. (4) The proposed hours of operation for valet parking services, and such other information the Director or designee reasonably believes may or may not be in the public interest and general welfare. (e)Valet Parking Operating Permit. An approved valet parking permit shall state, at minimum, the following: (1) The full legal name, address, phone number, and email address for the permittee and valet parking patron. (2) The address and parameters of the approved valet parking zone. (3) The permitted days and times for the valet parking service. (4) Any additional restrictions or requirements regarding the operation or location of the valet parking zone. (5) The commencement and expiration dates and times for the permit, and whether the permit is for a temporary or annual period of time. (6) Any other provisions or conditions approved by the Director of designee that may be in the public interest and general welfare. (f)Insurance. No valet parking permit shall be issued or continued in operation, and no person shall operate a valet parking service on City streets or rights-of-way unless and until there is in full force and effect a motor vehicle liability insurance policy insuring the valet parking permittee and each employee and agent thereof, and unless and until such permitteeshall file with the Director or designee a written certificate of insurance showing that the policy or policies are in effect covering the applicable valet parking services period, and that the policy or policies cannot be cancelled without thirty (30) days written notice to the Director or designee. The policies shall have coverage limits of not less than one million dollars ($1,000,000.00) which shall include liability for owned, non-owned and hired automobiles for death or injury in any one occurrence, and property damage coverage of not less than five hundred thousand dollars ($500,000.00). The policy or policies, certificate and any endorsements shall name the "City of Raleigh" as an additional insured. In addition, the permitteeshall obtain workers compensation insurance coverage as may be required, and furnish the liability insurance coverage required in §11-6001(b) of the City Code. (g)Authority of the City. The City reserves the right to determine and designate appropriate street and right-of-way locations and times for the valet parking zone and operation. Once such locations and times have been determined and designated, the valet parking services shall be limited to parking, unloading and loading of valeted vehicles only at those street and right-of-way locations and times set out in the permit. No valeted cars may be parked in on-streetparking areas. The City reserves the right to add, modify or eliminate street or right-of-way locations and times in the permit at any time to ensure the efficient and safe movement of pedestrian and vehicular traffic, and when in the public interest and general welfare. (h)Violations. Any one of the following shall be a violation of this section: (1) Failure to comply with the provisions of this section or the those in the valet parking services permit. (2) Provision of valet parking services not in accord with the material representations made in the application. (3) Stopping or directing traffic within City streets or rights-of-way by the permittee, its employees or agents. (4) Causing a vehicle to be parked within a valet parking zone for a more than ten (10) minutes, except to pick up or return a valeted vehicle to its operator. (5) Initiating or causing the towing of a vehicle from the valet parking zone within the City street or right-of-way. Should a vehicle obstruct a valet parking zone which interferes with valet parking services, the valet operator shall contact the Raleigh Police Department or appropriate City authorities for removal of the vehicle. (6) Failure of the valet operator, its employees or agents to comply with applicable law, regulations or ordinances. (i)Suspension and revocation. The valet parking permit may be temporarily suspended or revoked by the Director or designee upon occurrence of any one of the below events or violations: (1) Any unlawful act or violation of this section by the permittee, its employees or agents, or for any reason that would justify refusal to issue the permit originally. (2) Failure to comply with any condition or restriction imposed by the permit. (3) The valet parking zone or adjacent sidewalks, streets or rights-of-way are temporarily needed for parades, festivals or any other type of event. (4) When suspension or revocation of the permit are in the public interest. (5) Except for temporary suspensions stated in subsection (3) above, and any exigent circumstance warranting immediate suspension or revocation, should the Director or designee intend to suspend or revoke a permit, the permittee shall be promptly notified in writing, by registered or certified mail, return receipt requested, of such intent and the reasons therefore. The permittee may request in writing a hearing with the Director regarding the suspension or revocation, or intent thereto, and deliver to the Director such request within thirty (30) days of receipt of the City's notice of suspension or revocation. The permittee may appeal the final decision of the Director to the City Manager within thirty (30) days of service on permittee of the Director's final decision. The permittee may appeal the City Manager's final decision to the City Council within thirty (30) days of delivery to the permittee of the City Manager's final decision, which shall be in writing and delivered to the permittee by registered or certified mail, return receipt requested. Each request for hearing or appeal shall state the reasons why the permittee disagrees with the City's decision and relief sought. (j)Display Permit. All valet parking operators shall, at the time and place of the approved valet parking operation or event, prominently and continuously display within the valet parking zone the approved valet parking permit so that it is clearly viewable by the public and occupants of the valeted vehicles. Failure to properly display the permit is a violation of this section and may subject the permit to suspension or revocation. (k)Penalties. It shall be a violation for any person to stand or park a vehicle within a valet parking zone if the vehicle is not being valeted by a valet parking operator licensed under this section, and such person shall be subject to a civil penalty as provided in § 11-2025 for each calendar day during which such violation occurs. Any person who shall provide valet parking services without first obtaining a valet parking permit from the Director or designee as required in this section shall be subject to a civil penalty of five hundred dollars ($500.00), and any other civil remedy available under North Carolina law, G.S. 160A-75. (Ord. No. 2007-159, §1, 1-23-07; Ord. No. 2020-167 , §1, 12-1-20)

No person shall stop, stand or park a vehicle in a No Parking Tow Away Zone. All such zones shall be clearly marked as such by uniform signage. Parking in such a zone will subject the vehicle to being immediately towed. The owner of the vehicle shall be notified of the tow pursuant to the provisions for post towing remedies found in G.S. 20, Article 7A. The City Councilshall designate each zone and the designated zones will be placed into the Official Traffic Schedule 25 and will be denominated as such. (Ord. No. 2007-179, §1, 3-6-07; Ord. No. 2020-167 , §1, 12-1-20)

The City Manager shall have the authority to suspend parking regulations and to reserve on-street parking spaces in certain situations. Any individual or business may apply to the City Manager or designee for a reserved spot on one of the City streets set out below. The application shall be submitted at least twenty-four (24) hours in advance of the time desired for the reservation. The fee for a reserved space on the street will be as set forth in the City of Raleigh Fee Schedule. It is the sole discretion of the City Manager or designee as to what vehicles are appropriate for on street parking and his decision is final. Before granting such a permit the City Manager shall find that the event is of such a spontaneous nature and parking impact that special parking should be provided to facilitate public safety and optimum traffic flow. No permit granted under this ordinance shall extend more than five (5) calendar days. At the expiration of the five (5) day period the applicant may reapply or seek a longer waiver from the City Council. Notwithstanding the above, if the City is under a state of emergency, the City Manager may suspend the application and fee requirements of this section and may reserve on-street parking spaces for purposes that the City Manager determines to serve the public good for a period that shall run up to ninety (90) days following the end of the state of emergency. Nothing herein shall allow parking on sidewalks. (Ord. No. 2007-240, §1, 6-5-07; Ord. No. 2014-343, §1, 9-16-14, eff. 9-21-14 ; Ord. No. 2019-949, §10, 6-4-19, eff. 7-1-19 ; Ord. No. 2020-17 , §1, 3-17-20; Ord. No. 2020-167 , §1, 12-1-20; Ord. No. 2022-359 , §1, 4-19-22)

No person shall park, stop, or leave standing any motor vehicle except a motorcycle in a parking space designated for the parking of motorcycles. For purposes of this section, the term "motorcycle" shall mean any motorized vehicle designed to travel on not more than three (3) wheels in contact with the ground and that has a saddle for the use of the operator but shall exclude a motor-assisted bicycle. The Director or designee may designate certain parking spaces on City streets for use only by motorcycles. Spaces designated for motorcycles only shall be clearly marked. No more than one motorcycle may be parked in a single motorcycle-only parking space at one time. ( Ord. No. 2016-613, §1, 6-21-16, eff. 6-26-16 ; Ord. No. 2020-167 , §1, 12-1-20)

The Director or designee may designate certain parking spaces on Citystreets or within City Parking Facilities at or near electric charging stations for use only by electric vehicles. An electric vehicle is a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board the vehicle for motive purpose. An electric charging station is equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device on an electric vehicle. Spaces designated for electric vehicles shall be clearly marked as such. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not attached to the charging station. Any such violation shall be subject to a civil fine as provided in § 11-2025 of this chapter. Any vehicle parked in such a space must make the appropriate payment for the space and observe the time limit for the underlying parking zone. (Ord. No. 2020-167 , §1, 12-1-20)

(a) It shall be unlawful for any person to stop, stand, or park any motor vehicle in a space designated for handicapped persons when the vehicle does not display the distinguishing license plate or placard as provided in G.S. § 20-37.6. (b) It shall be unlawful for any person not qualifying for the rights and privileges extended to handicapped persons to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate or placard as provided in G.S. § 20-37.6. (c) Spaces designated for handicapped persons shall be located as stated in official Traffic Schedule No. 31, ADA Accessible Parking. (Ord. No. 2023-474 , §2, 3-7-23) Secs. 11-2192—11-2199. RESERVED.

All offenses set out in Article K of this chapter shall be punished as civil offenses pursuant to G.S. 160A-175. Violations shall not be misdemeanors or infractions pursuant to G.S. 14-4. (Ord. No. 1986-774, §5, 4-15-86; Ord. No. 2019-25 , §1, 11-19-19)

(a) As used in this article, the following definitions apply: (1) Activation or activate shall mean actuating or activating the timing mechanism or functions of a parking meter using authorized methods of payment provided for in this article. (2) Application shall mean written requests for a parking permit in a format, whether it be physical or digital, as authorized by the City. (3) Director shall mean the City's Transportation Director or the Director's designee. (4) Immobilization device shall mean those devices and equipment authorized by the City, including, but not limited to, immobilization devices, that are intended to physically immobilize a vehicle because of applicable parking violations as set out in this article. (5) Metered parking spaces or zones shall mean those parking spaces or zones on City streets, in City-owned parking decks and garages where vehicle parking is limited in time by the use of City authorized parking control devices, such as 'parking meters or pay stations. (6) Operatorshall mean every individual who operates a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or is in actual physical control of a vehicle. (7) Parking meter space shall mean any time-regulated parking space within a parking meter zone that is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street, or as designated by the parking meter when no such lines or painted markings are present. (8) Parking meter zone shall mean and include any restricted street upon which parking meters are installed and in operation. (9) Pay station shall mean a type of parking meter that is electronic and regulates parking space time limits upon activation on City streets, City-owned parking decks and garages, and manages multiple parking spaces. (Code 1959, §21-44; Ord. No. 2019-25 , §1, 11-19-19) Park, parking, parking meter definitions, §11-2001. Annotation: Metered parking is permissible, if for a regulatory, rather than revenue-earning purpose. State v. Scoggin, 236 NC 1, 72 S.E. 2d 97 (1952).

Parking meter zones are the named and described areas, streets, or portions of streets designated by official Traffic Schedule No. 20, "Parking meter Zones," hereby incorporated by reference into this Code, which shall comprise the parking meter zones of the City. The installation and operation of parking meters, the enforcement of parking time limits, and other provisions of this article shall be in accordance with Traffic Schedule No. 20, "Parking meter Zones" and the City's Fee Schedule. (Ord. No. 2019-25 , §1, 11-19-19)

In the parking meter zones, the City Manager or Manager's designee shall cause parking meters to be installed upon the curb or sidewalk in the reasonable vicinity to the parking spaces or within parking zones as provided in this article, and the Director shall be responsible for the regulation, control, operation, maintenance and use of such parking meters. Each device shall be so set as to display a signal showing legal parking upon parking meter activation for the period of time prescribed by this article. Each device shall be so arranged that upon the expiration of the lawful time limit it will indicate by a proper visible signal that the lawful parking period has expired and in such cases the right of such vehicle to occupy such space shall cease and the operator, owner, or possessor thereof shall be subject to the penalties hereinafter provided. (Code 1959, §21-46; Ord. No. 2019-25 , §1, 11-19-19)

(a) Except in a period of emergency determined by an officer of the Fire or Police Department, or in compliance with the directions of a police officer or traffic-control sign or signal, when any vehicle shall be parked in any time-regulated parking space, the operator of such vehicle shall, upon entering the parking meter space, immediately activate such meter as is designated by proper directions on the meter and authorized in this article and failure to activate the meter as authorized in this article when so required shall constitute a violation of this article. (b) Upon parking meter activation, the parking space may be lawfully occupied by the vehicle during the period of time which has been prescribed for the part of the street in which the parking space is located, provided that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by a previous occupant of the space shall not be required to activate such meter so long as his occupancy of the space does not exceed the indicated unused parking time. If the vehicle shall remain parked in any parking space beyond the parking time limit set for the parking space, and if the meter shall indicate illegal parking, then, and in that event the vehicle shall be considered as parking overtime and beyond the period of legal parking time and such parking shall be deemed a violation of this article. (Code 1959, §21-47; Ord. No. 2019-25 , §1, 11-19-19)

The maximum time limits and periods that a vehicle may occupy each metered zone are stated in the City's Traffic Schedule No. 20, Parking meter Zones. The fees and rates for a vehicle occupying such a zone are as set out in the City of Raleigh Fee Schedule. Except for those qualifying vehicles designated in G.S. § 20-37.6, no vehicle may be parked in a metered zone for more than the time limit designated for that zone even if payment is made to park in the zone for more than the time limit. (Code 1959, §21-48(a)—(d); Ord. No. 1989-427, §1, 9-5-89; Ord. No. 2004-666A, §§9—12, 6-29-04; Ord. No. 2019-25 , §1, 11-19-19)

Parking meters shall be operated in parking meter zones pursuant to the time periods designated for such zones as indicated in Traffic Schedule No. 20., except Sundays, Independence Day, Labor Day, Thanksgiving Day, Martin Luther King, Jr., Day (third Monday in January), and Christmas Day. (Code 1959, §21-48(f); Ord. No. 1987-954, §1, 4-7-87; Ord. No. 2006-998, §2, 4-18-06; Ord. No. 2019-25 , §1, 11-19-19)

(a) When parking or loading on the streets of the City is prohibited for longer than the time limits stated in this chapter and/or when parking is permitted in metered parking spaces only when the operator of a vehicle, upon entering the parking meter space, immediately activates or causes to be activated the timing mechanism on the meter in accordance with this chapter, the operator of a motor vehicle or other person may park on or otherwise encumber the parking areas or metered spaces or loading zones on the streets of the City for periods of time longer than otherwise permitted by this chapter and without activating any parking meter or meters when the following conditions have been satisfied and when a permit has been issued for the encumbrance of a parking area. (b) Upon application to and approval of the City Manager, any of the following persons may obtain a permit at no charge for the encumbrance of a parking space or spaces by the placement of standard traffic type signs, barricades, or cones in metered or unmetered spaces that do not impede the flow of traffic or cause a safety hazard: (1) Persons requiring temporary parking space immediately adjacent to residential, commercial or industrial buildings for loading or unloading of building or office equipment or personal property and who satisfy the review agent that the use of the parking spaces is necessary in order to move the equipment or property. (2) Persons having a permit from the Director in connection with any building construction or demolition project that will take thirty (30) or fewer calendar days to complete and who satisfy the review agent that the use of the parking spaces is necessary to the completion of the project. Projects that will take longer than thirty (30) calendar days to complete may be allocated street space provided that a permit is procured for the space or spaces needed. The per space per day fee for any such permit shall be set by the City Manager or Manager's designee and shall be an amount equal to the highest daily parking rate for all City parking decks, garages, and surface lots. The fee shall be paid in advance for the estimated time for the completion of the work. Any work done beyond the initial estimate will be paid for at the completion of the project. The City reserves the right to rescind any such permit and will refund any overpayment of the fee if the permit is rescinded. (3) Persons having a permit from the Development Services Department to perform any plumbing, electrical, heating, sign-hanging or other project in any public way or on premises adjacent to any street, alley, or sidewalk, and who satisfy the review agent that the use of the parking space(s) is necessary to facilitate the project. (4) Persons engaged in any public improvement under contract with the City or engaged in any work under the supervision of the Director, who have a certification from the City Manager or Manager's designee that the use of the parking spaces is necessary to facilitate the project. (5) Representatives of the Wake County Board of Elections, upon request that additional parking is required on an election day at one (1) or more polling places to accommodate voters. (6) Persons who are operating the Raleigh Convention and Performing Arts Centers as defined in § 9-6001 et seq. of this Code. The City Manager or Manager's designee may set aside parking for such a facility pursuant to this standard on any block face adjoining the facility or on any block face adjoining the block faces immediately adjoining the facility. (7) Persons who are operating hotels, motels, or other places of assembly in the downtown business district may request the temporary reservation of on-street spaces adjoining their facility when the facility is hosting a conference or other meeting which will create a demand for parking which cannot be satisfied by the facility's existing off-street parking. (c) The City Manager or Manager's designee may at any time authorize the reservation of metered or unmetered parking spaces for the purpose of loading and unloading passenger buses. (d) Contractors engaged in the servicing of building equipment limited to electrical, mechanical, plumbing, fire alarm, fire pump, and building elevator contractors may apply Transportation Director or designee for a one-day renewable permit to perform such work. There shall be an administrative fee assessed for each permit equal to nine (9) times the current parking meter hourly rate. Such administrative fee shall not apply to contractors performing work to City-owned or leased properties. (e) Movers engaged in moving the contents of a home, office, industrial or other commercial site from one location to another for the continued use of the same party may apply to the City Manager for a one-day renewable permit to encumber one (1) or more parking spaces while completing the work. The fee for this permit shall be the same as the fee for the permit described in subsection. (f) The City Manager or Manager's designee may at any time authorize the reservation of metered or unmetered parking spaces for any event covered under the City Council's Special Event Policy in accordance with the standards set out in that policy. (g) Exemptions: (1) Persons licensed as funeral directors and holding services in any funeral home or churchshall be exempted from making application and receiving permits provided for by this section so long as suitable markings are used to indicate to the public that a funeral is in progress. (2) City Staff engaging in construction and maintenance work in/or adjacent to any public way that have a right-of-way permit for such workshall be exempt from making application and receiving permits provided for by this section so long as suitable markings are used to indicate to the public that such work is being undertaken. (Code 1959, §21-48.1; Ord. No. 1984-452, §1, 12-4-84; Ord. No. 1989-424, §§1—3, 9-5-89; Ord. No. 1992-988, §1, 6-2-92; Ord. No. 2001-56, §1, 7-17-01; Ord. No. 2011-914, §1, 6-21-11; Ord. No. 2014-343, §§2—5, 9-16-14, eff. 9-21-14 ; Ord. No. 2019-25 , §1, 11-19-19) Cross reference: Temporary parking restrictions by the Chief of Police, §11-2181.

The City Manager or Manager's designee shall authorize reservation of parking spaces, but shall not waive the prescribed fees, in circumstances not covered in §11-2207, upon evidence and findings by the Manager or Manager's designee that all of the following exist: (a) The proposed use and necessity of reservation of spaces is of a temporary and not regularly occurring nature; (b) The proposed use and necessity of reservation of spaces is for a lawful purpose; (c) The reservation of spaces will not significantly impede pedestrian or vehicular traffic; (d) The proposed use will not endanger pedestrians, motorists, or occupants of adjacent buildings; (e) The purpose of which reservation of spaces is requested cannot be accomplished otherwise without risk of personal injury or property damage, or without excessive expense; and (f) The proposed use and reservation of spaces will not be injurious to the public peace, health, safety, and welfare. (Code 1959, §21-48.1; Ord. No. 1983-83, §1, 3-15-83; Ord. No. 2014-343, §6, 9-16-14, eff. 9-21-14 ; Ord. No. 2019-25 , §1, 11-19-19)

The following rules and regulations shall govern the making of the application or the issuance of any permit hereinbefore authorized: (a)Written authorization. The application for a permit shall be made as authorized in §11-2201 of this article, and show the name of the business or applicant's name; the reason for the encumbrance of the parking space or spaces; any certification required by this section; and the location of the proposed activity and the number of spaces desired to be encumbered and the day or dates needed and such other information as may be required by the Transportation Department. (b)Exhibit of permit. In all cases, any permit issued hereunder shall be displayed by the permittee (or his agent) at the location of the parking spaces authorized to be encumbered and shall be exhibited to any officer or employee of the City upon demand. (Code 1959, §21-48.1; Ord. No. 1984-452, §2, 12-4-84; Ord. No. 2019-25 , §1, 11-19-19)

When the application has been approved by the City Manager or Transportation Department as applicable, a permit will be issued for the date or dates requested; provided, however, that no permit issued hereunder shall be for a period in excess of thirty (30) days, and provided further, nothing herein contained shall prohibit the reapplication and reissuance of permits for successive periods not to exceed thirty (30) days each. The holder of the permit shall be authorized to place traffic type signs, barricades, or cones in conformance with §11-2052 of this Code and the City's current standard and provisions at the metered or unmetered parking spaces to secure or maintain these spaces during the term of the permit. (Code 1959, §21-48.1; Ord. No. 1984-452, §3, 12-4-84; Ord. No. 2019-25 , §1, 11-19-19)

(a) It shall be unlawful for any person other than a person having a valid permit issued under authority of §§11-2207 through 11-2210, his authorized agents, employees or servants to park or stand any vehicle in the street parking space adjacent to any parking meter covered or hooded or in a street parking space in which a traffic cone has been placed; provided that employees of the City Traffic Engineering Department shall be authorized to encumber any area described in §11-2207 for the purpose of the installation or maintenance of any traffic-control devices, such encumbrance to be accomplished by the placement of traffic cones or barricades in such area. (b) It shall be further unlawful for any unauthorized person to cover or hood any parking meter, or to place a traffic cone in any parking space, or to remove, damage or destroy any official parking meter cover, hood or traffic cone of the City, or for any unauthorized person to have in his possession any official parking meter hood or cover, traffic cone, or any other device designed for the encumbrance of parking spaces contrary to the provisions of §§11-2207 through 11-2210. (Code 1959, §21-48.1; Ord. No. 2019-25 , §1, 11-19-19)

(a) It shall be unlawful and a violation of the provisions of this article for any person: (1) To cause, allow, permit, or suffer a vehicle registered in the name of, or operated by that person, to be stopped, left standing or parked overtime or beyond the period of legal parking time established for any parking meter zone as herein described, or to activate any parking meter for the purpose of parking beyond the maximum legal parking time for the particular parking zone. (2) To cause or allow a vehicle to be stopped, left standing, or parked in a parking meter space while the parking meter for such space is displaying a signal or message indicating that the met r is not active. (3) To stop, leave standing or park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. (4) To damage, deface, injure, tamper with, open or willfully break, destroy, or impair the functional operation of any parking meter installed under the provisions of this chapter. (5) To deposit, insert or cause to be deposited or inserted into any parking meter any slugs, device, or metal substance, or other substitute for lawful coins, currency or debit or credit card. (b) Each interval of time, equal to the legally allowable parking time in any particular zone, by which a vehicle remains beyond the legal time shall be a separate violation. For example, each hour or part thereof a vehicle remains past the first hour in a one-hour parking zone shall constitute a separate violation. (Code 1959, §21-49; Ord. No. 1981-691, §3, 6-16-81; Ord. No. 2019-25 , §1, 11-19-19)

It shall be the duty of the Police Department and persons designated by the Director of Transportation to enforce the provisions of this article. (Ord. No. 2019-25 , §1, 11-19-19)

The proceeds derived from the use of such parking meters shall be used exclusively for the purpose of making such regulation effective and for the expenses incurred by the City in the regulation and limitation of vehicular parking, and traffic relating to such parking, on the streets of the City. (Code 1959, §21-51; Ord. No. 2019-25 , §1, 11-19-19)

Nothing in this article shall be construed as prohibiting the City from providing for zones for transportation uses that may be temporary in nature, which may include, but not be limited to, bus stops, taxicab stands, valet, ride share vehicles, loading or unloading of trucks, vans, or other like modes of transportation. (Code 1959, §21-52; Ord. No. 2019-25 , §1, 11-19-19)

(a) The City Manager or Manager's designee may immobilize by the use of a device or equipment, as provided in this article, and tow and impound any vehicle which is illegally parked in violation of article J or article K of Part 11 of this Code, and for which there are three (3) or more outstanding, unpaid, and overdue parking citations for a period of ninety (90) days. For the purpose of determining whether an illegally parked vehicle has had issued against it three (3) or more outstanding, unpaid, and overdue parking citations for a period of ninety (90) days, it shall be sufficient if the license plate number of the illegally parked vehicle and the license number of the vehicle having received the citations are the same. (b) If an immobilization device is attached to a vehicle, a notice shall be affixed to the driver's side window or other part of the vehicle so as to be readily visible. The notice shall warn that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle. The notice shall also state the total amount of civil penalties due for parking citations which are overdue and unpaid and attributable to such vehicle, and the immobilization fee to be charged. The address and telephone number to be contacted to pay the charges to have the immobilization device removed shall also be listed. (c) If civil penalties due and an immobilization fee as herein provided are not paid, or satisfactory arrangements in lieu of payment are not made, within twenty-four (24) hours of the attachment of the immobilization device, such vehicle may be towed and impounded to any public or private impoundment lot. The vehicle may be towed immediately if an immobilization device is damaged after it is applied or if such device is at risk of imminent damage or illegal removal. If a private contractor tows and stores the vehicle he may impose against the vehicle his customary fees and charges for such services. Once a vehicle has been impounded, the Director shall mail a notice of impoundment to the registered owner and lienholders, if any are known, at the address or addresses reported to the City by the North Carolina Department of Motor Vehicles. (d) Upon payment of all civil penalties and overdue and unpaid parking citations issued for the vehicle and of all other charges authorized by this section, including immobilization, towing, impoundment fees, and repair or replacement of immobilization devices, the vehicle shall be released to the owner or any other person legally entitled to claim possession of the vehicle upon presentation of a valid driver's license. (e) The owner or other person entitled to possession of the vehicle which has been immobilized pursuant to this section may submit a request for hearing to the Director by certified mail or personal delivery within seven (7) days from the receipt of the notice provided for in subsection (c) hereinabove. If a hearing is requested, a statement shall be sent to the requesting party to inform him of the time and place of the hearing, of the basis of the vehicles immobilization and impoundment, of the rules governing conduct of the hearing, of the right to present evidence as to why the vehicle should not have been immobilized or towed, and of the right to be represented by counsel. The hearing officer shall prepare a written report of his findings within three (3) days of the hearing. The report shall state his conclusion as to whether the vehicle was properly immobilized and towed, and the reasons underlying his conclusion. If it is concluded that the vehicle was improperly immobilized or towed, then any improper charges shall be canceled, or if paid, rebated. (f) The City of Raleigh shall not be responsible for any damage to an immobilized illegally parked vehicle resulting from unauthorized attempts to free or move the vehicle. An immobilization fee of fifty dollars ($50.00) shall be charged for the removal of the immobilization device. (g) Unless authorized to do so in writing by the Parking Manager or Manager's designee, it shall be unlawful for any person to: (1) remove or attempt to remove from a vehicle an immobilization device placed thereon pursuant to this section; (2) remove from impoundment any vehicle placed therein pursuant to this section without all civil penalties and applicable charges having first been paid or an approved payment plan having been made; (3) tamper with an immobilization device after it has been installed on a vehicle; (4) remove the immobilization device or the wheel to which it is attached; or (5) tow the vehicle with the immobilization device affixed. (h) A person who violates this subsection (g) above shall pay a civil penalty of one hundred dollars ($100.00) and the City may also pursue injunctive relief and other equitable remedies against a violator. (i) Any person who knowingly damages an immobilization device after it has been installed on a vehicle shall also pay an additional civil penalty of five hundred fifty dollars ($550.00), in addition to the cost of repair or replacement of any damage immobilization device. (j) The City Manager is authorized to establish guidelines to adjust the amount of civil penalties imposed pursuant to this section to promote the resolution of any claim against persons with ten (10) or more outstanding delinquent parking citations. (Ord. No. 1995-714, §1, 9-5-95; Ord. No. 2019-25 , §1, 11-19-19) State law reference(s)—$50.00 immobilization fee, S.L. 1995-381. Secs. 11-2217—11-2230. RESERVED.

The following words as used in the provisions of this article shall have the following meanings: Streetshall mean any paved portion, including curbing and gutters, located on any right-of-way conveyed to, dedicated to, or purchased by the State of North Carolina or the City, and which paved portion is used by the public for the passage of motor vehicle, vehicle, and pedestrian traffic. "Street" as herein defined shall not include any portion of a sidewalk. Obstructionshall mean any object, hole, excavation, spoil from an excavation, stored building material, or other condition which renders any portion of a street impassable to motor vehicle, vehicle or pedestrian traffic; or, which creates the threat of imminent danger to the health, safety or property of any person using the street for the purpose of motor vehicle, vehicle or pedestrian traffic; or, which creates the threat of imminent danger to the health, safety or property of any person using the street for the purpose of motor vehicle, vehicle or pedestrian traffic passage; provided that traffic cones or other devices used to protect wet pavement marking shall not be considered as obstructions. Manualshall mean the "Traffic Control Manual for Construction and Maintenance, City of Raleigh." This manual shall be kept on file at all times in the office of the City Clerk. Emergency situation. An "emergency situation" exists when the obstruction results from or is caused by any unanticipated event or happening which endangers the health or safety of persons using or desiring to use the obstructed street. Such emergency situation continues for the reasonable length of time necessary for the person, persons, firm or corporation working to remove the obstruction to comply with the requirements of this article in a manner consistent with providing protection for the health, safety and property of persons using or desiring to use the obstructed street. (Code 1959, §19-33) Cross reference:Street responsibilities of the Department of Public Works, Part 7, Chs. 1, 2.

(a) Obstruction of any portion of the followingstreetsshall be prohibited at the time mentioned unless the person, persons, agency or corporation obstructing the streetshall first obtain a special permit: (1) Any street within the City having a marked centerline, or having marked lanes, between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 4:00 p.m. and 6:00 p.m. (2) All streets with five (5) or more traffic lanes at the point of work, all streets with two (2) traffic lanes in each direction divided by a median, and all streets within the "Central Business District" (CBD), the area bounded by East Street, West Street, South Street and Peace Street, between the hours of 7:00 a.m. and 6:00 p.m. (3) Any street which is totally closed to through traffic. (b) Special permission to obstruct a portion of the above specified streetsshall be obtained by having the transportation director or his agent endorse the work permit for working within the street right-of-way issued by the Department of Public Works pursuant to §7-2001. This permit shall be maintained at the work site at all times while work is being performed. (c) Special permission to obstruct a lane may be revoked if permittee continues to violate any portion of this article. Permittee must reapply for permission to obstruct a lane if original endorsement is revoked. (d) Work planned by City employees or City contractors which conflicts with the prohibitions of subsection (a) shall be authorized in advance by the department head or next official in authority in the department whose employees are doing the work. The department head or next official in authority in that department who authorized the work shall give advance notice to the police communications center dispatcher and the Department of Transportation before the work is begun. This written notice shall contain the following information: (1) The location of the planned work; (2) The time that the planned work is to be done; and (3) The nature and extent of the planned work. (e) Any person, persons, agency or corporation obstructing any portion of any of the above defined streets or working to remove or repair the cause of any obstruction in any such streetshall at all times use the appropriate signs, signals and warning devices required by the manual providing for by this article. Such person, persons, agency or corporation so working shall remove all signs, signals and warning devices. When the street is not in fact obstructed. (f) Failure to comply with the provisions of this section shall be a misdemeanor. (Code 1959, §19-34; Ord. No. 1980-416, §§1—3, 7-15-80; Ord. No. 1994-393, §§1—4, 5-3-94)

(a) In the event that a two-way street is obstructed to the extent that motorists are required to cross the centerline of such street in order to pass the obstruction, the person, or persons, agency or corporation conducting the work at the site of the obstruction shall (See Figure 10): (1) Provide signs and barricades and one (1) or more flagmen, as necessary to maintain traffic flow by the obstruction; or (2) Clearly and safely separate and channelize the opposing movement of traffic when the unobstructed portion of the roadway is of sufficient width to provide at least a ten (10) feet minimum lane. Such separation and channelization shall be achieved by the use of traffic cones, signs and/or barricades. (b) Failure to comply with the provisions of this section shall be a misdemeanor. (Code 1959, §19-35; Ord. No. 1980-416, §4, 7-15-80; Ord. No. 1994-393, §§5, 6, 5-3-94)

(a) The following warning signs shall be placed on any street right-of-way prior to its being obstructed and shall be maintained until said obstruction is removed (see illustrations): (1) Advance warning signs stating that work is being performed ahead shall be posted a minimum of 500 feet from the nearest point where the work is being carried on. Such signs shall be placed in either direction from the site of such work. (2) Specified warning signs stating what portion of the street is obstructed or, the extent of the obstruction, or, otherwise the nature of the work that is being done, shall be placed at a minimum of 150 feet proceeding in either direction from the nearest point of obstruction. (3) A flag tree warning device set forth in the manual provided for in this article shall be located adjacent to the location of the obstruction, in either direction of traffic, in the direct line of sight of any motorists approaching the obstruction from either direction. (4) The flow of traffic in either direction shall be channelized around obstruction by means of traffic cones and/or barricades set up in the roadway. (5) Minimum specifications for such signs, signals, and warning devices, and illustrative examples of properly placed signs, signals and warning devices shall be maintained in the manual. (b) Failure to comply with the provisions of this section shall be a misdemeanor. (Code 1959, §19-36; Ord. No. 1994-393, §7, 5-3-94)

(a) In the event that an obstruction remains in any portion of any street after sunset, the obstruction shall be clearly defined by reflective signs as specified by §11-2234 and by barricades with flashing lights and reflective qualities, and by placing a flashing light on the high level warning devices at the obstruction. Such devices with flashing lights shall remain so placed until sunrise of the following day. (b) Failure to comply with the provisions of this section shall be a misdemeanor. (Code 1959, §19-37)

In the event that the obstruction of the street will last no longer than thirty (30) minutes, the person, persons, agency or corporation obstructing the streetmay, in lieu of using the other warning devices provided for in this article, use only high level warning devices or may use rotary flashing lights mounted on each vehicle present at the obstruction which is being used in furtherance of the work being performed at the site of the obstruction. (Code 1959, §19-38)

It shall be a misdemeanor for any person, persons or corporation to leave signs, signals, and/or warning devices standing in the street or right-of-way when the obstruction for which such signs, signals and/or warning devices were erected has been removed. (Code 1959, §19-38.1)

It shall be a misdemeanor for any person, persons or signs to state a warning in which is inconsistent with the actual condition of the obstructed street. (Code 1959, §19-38.2)

In the event of an emergency situation, as defined in this article, which results in the obstruction of any street the prohibitions and requirements of this article shall not apply. In the event of such emergency situation the person, persons, firm or corporation working to remove the obstruction shall make all reasonable efforts to provide for the immediate protection of the health, safety and property of all persons using the street during the existence of the emergency situation. Such person, persons, firm or corporation working to remove the obstruction shall notify the Department of Transportation and Emergency Communication at 911 and shall comply with the provisions of this article as soon as is reasonably possible after commencing work to remove the obstruction causing the emergency situation. (Code 1959, §19-39; Ord. No. 1994-393, §8, 5-3-94)

The director of the Department of Transportation shall publish and maintain, with the approval of the Council, a manual entitled "Traffic Control Manual for Construction and Maintenance, City of Raleigh." This manual shall contain a clear description of the various signs, signals and devices referred to in this article. This manual may refer to and incorporate by reference provisions contained in certain texts providing nationally accepted standards and specifications for traffic-control devices and procedures. This manual shall contain or incorporate by proper reference, illustrations and drawings of examples of properly signed, signalled, and channelized obstructions. This manual and all materials incorporated by reference or referred to in said manual shall be kept on file at all times in the City Clerk's office. A copy of the manual and the incorporated and referred-to materials shall be available for public inspection at all times during the regular office hours of the City Clerk. (Code 1959, §19-40)

Any employee of the North Carolina State Department of Transportation, or any person, persons, firm or corporation acting pursuant to a contract with the agency, working on any street in the Cityshall be exempt from the provisions of this article when the procedures for traffic control in the event of street construction and maintenance, promulgated by said agency, are being followed. (Code 1959, §19-41; Ord. No. 1980-416, §5, 7-15-80; Ord. No. 1994-393, §9, 5-3-94)

No personshall take, steal, move, remove, carry away, destroy, damage or otherwise impair or impede the effectiveness for its intended use, any lamp, lantern, torch, blinking light, reflecting sign, reflecting barricade, traffic cone, barricade, or any other sign, signal, or warning device which has been placed or erected at any place in the City for the purpose of warning and safeguarding the public in the event of the construction, maintenance, repair, opening or closing of any street as defined in this article. (Code 1959, §19-42)

(a) Every person permitted by the building inspector to use any portion of any street for the purpose of placing and storing any building material, equipment or supplies, or spoil material from a demolished structure, shall store such items and material on as small amount of space as is reasonably possible. (b) In no event shall such permittee obstruct an area in width more than ten (10) feet. Before obstructing any street, such permittee shall have the permit issued by him by the transportation director or his agent as provided for in this article. No permittee storing building materials pursuant to the provisions of this section shall block, impede or otherwise prevent the passage of water through the gutter of such street. Such permittee shall at all times provide a safe walkway not less than five (5) feet wide around said obstruction. Such walkway shall be adequately lighted and protected at all times. On building sites where approval to use a portion of the street for staging has been approved, a chain link fence at least six (6) feet high must first be installed as approved. All building material, equipment, etc., shall be kept inside this staging area. Any changes to this fenced area, the original traffic control plan, or both, shall first be approved by the Department of Transportation after receiving a revised "traffic control site plan." (Code 1959, §19-43; Ord. No. 1980-416, §6, 7-15-80; Ord. No. 1994-393, §10, 5-3-94)

The requirements for signing, signalling and channelizing traffic in the event of an obstruction apply throughout the existence of the obstruction. An obstruction exists as long as any impediment to the free passage of motor vehicle, vehicle, or pedestrian traffic exists. Any permittee who obstructs a street, and any person, persons, firm or corporation not having a permit who works to remove an obstruction shall, before removing the signs, signals, and channelization devices, clean the street and leave the street in a condition to handle the type of traffic that the portion so obstructed was designed to handle. All spoil and excess material shall be hauled away. Such cleaning and repair shall be done as soon as possible. (Code 1959, §19-44)

(a) Any person, persons or corporation that wilfully violates any provision of this article shall be guilty of a misdemeanor. (b) In the event that any person, persons, firm or corporation continually fails to comply with the provisions of this article, such continuing failure to comply shall be grounds for the Transportation Department or the Transportation Director to refuse to issue such person, persons, firm or corporation a permit to work on the public right-of-way. (c) Site control superintendent, general contractors, or others responsible for subcontractors or their agents shall be held responsible for compliance with the provisions of this article. (Code 1959, §19-44; Ord. No. 1994-393, §§11, 12, 5-3-94; Ord. No. 1998-454, §18, 11-4-98)

[This chapter may be cited as the] Raleigh Bicycle Regulations. (Ord. No. 2013-239, §3, 11-5-13)

The purpose of this chapter is to adopt policies, procedures and standards for planning, designing, constructing, maintaining, marking and operating bicycle facilities in the City of Raleigh's jurisdiction for the safety and accessibility of bicyclists, pedestrians, motorists and the public. (Ord. No. 2013-239, §3, 11-5-13)

As used in this chapter, except where the context clearly requires otherwise, the words and expressions defined in this section shall be held to have the meanings herein given to them: (1)Bicycle: A non-motorized vehicle with two (2) or three (3) wheels tandem, a steering handle, one (1) or two (2) saddle seats, and pedals by which the vehicle is propelled, and also bicycles with helper motors rated less than one (1) brake horsepower which produces an ordinary pedaling speed up to a maximum of twenty (20) miles per hour. (2)Bicycle Facilities: All thoroughfares that provide for bicycle travel including facilities existing within street and highway rights-of-way and facilities along separate and independent corridors. a.Shared streets: All existing public or private street rights-of-way where bicycles share the roadway with motor vehicles unless otherwise prohibited by law. Shared streetsmay utilize signs placed on vertical posts or markings stenciled on the pavement. b.Bicycle lane/bike lane: Those bicycle facilities on existing street rights-of-way where a portion of the roadway is set aside for exclusive bicycle use and designated by (1) signs placed on vertical posts or markings stenciled on the pavement and (2) by a painted line marking the bicycle lane on the pavement. c.Multi-use path/greenway: Those bicycle facilities on existing street rights-of-way or on a completely separated right-of-way or easement or upon mid across parks, schools or other publicly owned lands where a path is designated for the shared use of bicycles and pedestrians. The parking of any through traffic by motor vehicles is prohibited. Cross-flows by motor vehicles and pedestrians when necessary to gain access to and from a public street or alley and/or a private driveway or other entranceway are permitted. (3)Micromobility device: Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycles. (4)Motor vehicle: Every self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a highway, with the exception of bicycles. (5)Motorized scooter: A device with no more than three 12-inch or smaller diameter wheels that has handlebars, is designed to be stood upon by the user while riding, and is powered by an electric motor that is capable of propelling the device with or without human propulsion at a speed no greater than 20 miles per hour on a paved level surface. A motorized scooter is a type of motor vehicle. (6)Street and highway: The entire width between property lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of motor vehicles, bicycles, and pedestrians unless otherwise prohibited by law. (Ord. No. 2013-239, §3, 11-5-13; Ord. No. 2018-895, §1, 11-20-18 ; Ord. No. 2020-123 , §§1—3, 8-18-20)

(a) All bicycles and motorized scooters used and operated upon and across sharedstreets and other designated bicycle facilities within the City of Raleigh's jurisdiction shall be considered vehicles and the riders of such bicycles and motorized scooters shall be subject to all provisions of the Raleigh City Code and Chapter 20 of the North Carolina General Statutes applicable to the driver of vehicles except those which by their nature can have no application. (b) Bicyclists using sidewalks, greenways, or multi-use paths shall comply with all traffic regulations posted along the facility and shall stop or otherwise yield the right-of-way before entering or crossing a public street. (c) Motorized scooters are not permitted to operate on sidewalks, greenways, or multi-use paths. Motorized scooters may operate on shared streets and bicycle lanes. The operator of a motorized scooter shall stop or otherwise yield the right-of-way before entering or crossing a public street. (Ord. No. 2013-239, §3, 11-5-13; Ord. No. 2018-895, §2, 11-20-18 )

Bicyclesshall at all times yield the right-of-way to pedestrians on and across bicycle facilities upon which through pedestrian traffic is also permitted as well as on sidewalks, greenways and multi-use paths. The operator of a motorized scootershall at all times yield the right-of-way to pedestrians on shared streets or bicycle lanes. (Ord. No. 2013-239, §3, 11-5-13; Ord. No. 2018-895, §3, 11-20-18 )

(a) It shall be unlawful for any person to drive, park, stop or stand any motor vehicle in any bike lane designated as such within official Traffic Schedule No. 26, "Bicycle Lanes," unless otherwise permitted, or except when necessary to gain access to and from a public street or alley and/or private driveway or other entrance way, and except that a driver may stop temporarily during the actual loading and unloading of passengers or materials if otherwise permitted in this chapter, or if necessary to obey traffic regulations or signs or signals of a police officer. (b) The driver of a motor vehicle approaching a turn at an intersecting street or driveway may cross or merge into a bike lane after yielding to other traffic in the bike lane in order to execute the turn. (c) The driver of a motor vehicle accessing on-street parking adjacent to a bike lane may merge into the bike lane after yielding to other traffic in the bike lane in order to execute the parking maneuver. (Ord. No. 2013-239, §3, 11-5-13)

It shall be unlawful for a motor vehicle to overtake a bicycle proceeding in the same direction at a distance of less than two (2) feet to the left. (Ord. No. 2013-239, §3, 11-5-13)

There is hereby created the Raleigh Transit Authority, of such composition and having the powers and duties herein prescribed. (Ord. 1975-1, §1)

The Raleigh Transit Authority (hereinafter referred to as the "authority") shall be composed of nine (9) members, including a Chairman, such members and Chairman to be named by the City Council. In addition to these nine (9) members the City Council may also appoint two (2) alternate members to the authority. The alternate members may only participate in the deliberations of the authority in the event that enough regular authority members are absent to cause the authority to lack a quorum. Service as an alternate member will not count against the member for purposes of the rules against consecutive service on boards and commissions. (Ord. 1975-1, §2; Ord. No. 2002-235, §1, 6-18-02)

The term of office for members of the authority shall be two (2) years, except that of the nine (9) initial appointments, three (3) shall be for one (1) year terms (not to include the Chairman); thereafter all appointments shall be for two (2) years. (Ord. 1975-1, §3)

The responsibilities and powers of the authority shall include: (a) Implementation of the transit development program and updating periodically that program. (b) Development and execution of contracts with a private transit management firm for provision of transit service. (c) Marketing, promoting, and providing information about transit service in the Raleigh area. (d) Monitoring the quantity and quality of transit service provided. (e) Performing operational and short range transit planning and coordination with long range transportation planning done by City, regional, and state agencies. (f) To use officers, employees, and facilities of the City on such a basis as may be agreed upon between the City Manager and the authority. (g) To maintain and operate facilities and equipment necessary or convenient for authority operations, including the provision of public transportation service. (h) To enter into and administer contracts or agreements with civil jurisdictions outside the territory of the authority with respect to the provision of public transportation service. (i) To equitably and efficiently establish and administer the scheduling, routing, and rates of transit service. (j) To develop budgets for its operation for approval by the City Council and to exercise authority hereby granted in conformance with such approved budget. No power or duty herein enumerated shall be exercised or carried out except consistently with and according to the approved budget. (Ord. 1975-1, §4)

The City Department of Transportation shall serve as staff to the authority to assist in its duties, and the director of transportation or his designee shall serve as the director of transit for the authority. (Ord. 1975-1, §5)

The director of transit shall have the following duties: (a) To ensure that the desires, actions, and policies of the authority are converted into appropriate transit services for the area and to administer such policies and actions of the authority in conformance with general administrative policies of the City as determined by the City Manager. (b) To direct the implementation of such services. (c) To oversee transit operations for the authority and report and interpret to the authority on current and planned operating results or implications. (d) To develop budgets and standards of transit operation for the authority's approval. (e) To ensure to the authority the timely implementation of the transit development program; make recommendations to the authority for additional service improvements. (f) To testify at regulatory hearings pertaining to all phases of transit activities and/or needs. (g) To monitor transit marketing effectiveness and to administer transit planning coordination. (Ord. 1975-1, §6)

This chapter shall be known and may be cited as "The Bus Service Control Ordinance of the City of Raleigh." (Ord. No. 1982-992, §1, 10-5-82)

Bus service is defined to be public transportation offered to the public for compensation by motor vehicle with a capacity greater than nine (9) passengers, operated along fixed routes, with fixed schedules, or between fixed termini. (Ord. No. 1982-992, §1, 10-5-82)

It shall be unlawful for any person, business or other entity to provide bus service as herein defined within the corporate limits of the City unless such person has complied with and shall continue to comply with the provisions of this chapter; provided, however, this chapter shall not apply to any bus service operated as follows: (a) Private transit service provided pursuant to contract to a group of more than eight (8) patrons none of whom pay fares when boarding or unboarding or who use prepurchased passes. (b) Between fixed termini only one (1) of which is within the corporate limits of the City and no single passenger trip is within the corporate limits of the City. (c) Contracted transportation of a group of passengers (charter) from a single trip origin to a single trip destination with no boarding or discharging of passengers between the single origin and destination. (d) Passing through the entire City without picking up or discharging any passengers within the corporate limits of the City. (e) For the exclusive purpose of providing transportation to the clientele of public or private, nonprofit human service agencies or to public or private schools. (f) Transportation by motor vehicles owned or operated by or on behalf of hotels or motels while used exclusively for the transportation of hotel or motel patronage between hotels and motels and local railroad or other common carrier stations. (g) Transportation of passengers to and from airports and passenger airline terminals when such transportation is incidental to transportation by aircraft. (h) Transportation by motor vehicles used exclusively for the transportation of passengers to or from religious services or transportation of pupils and employees to and from private or parochial schools or transportation to and from functions for students and employees of private or parochial schools. (i) Transportation of any bona fide employees to and from their place(s) of regular employment by employer. (j) Operations pursuant to Article A, Chapter 4, of the Raleigh City Code. (Ord. No. 1982-992, §1, 10-5-82)

Except as otherwise provided in §11-5003, no personshall operate a bus service in the City unless such personshallin width have applied to and obtained from the City Council a bus service permit authorizing such operation. Application for a bus service permit shall be made in writing to the City Clerk, on forms furnished by the City Clerk and shall set forth the following information: (a) The name, age, residence and business address of the applicant if he is an individual, or if the applicant is a corporation, the address of the principal office of the corporation and the name and address of the officers and directors of the corporation. (b) A current balance sheet showing in detail the applicant's assets, liabilities and net worth. (c) A list of the number, age, body type and seating capacity of vehicles the applicant proposes to use in the business. (d) The streets over which, and the fixed termini and regular routes between which and over which, the applicant proposes to operate. (e) A schedule of operation showing the time of arrival and departure from terminal and intermediate points and days of service. (f) A schedule of rates and changes showing the fares to be charged between the several points or localities to be served. (g) A statement showing how the granting of the permit will serve the public convenience and necessity. (h) Location and description of maintenance garaging and/or parking facilities for all buses. (i) Such other information as the City Councilmay require. The application shall be verified as to the truth of the statements therein contained by the oath of the person making such application if he is an individual, by one (1) of the partners if the applicant is a partnership, and by an officer of the company if the applicant is a corporation. (Ord. No. 1982-992, §1, 10-5-82)

Each application for a bus service permit shall be accompanied by a nonrefundable certified check payable to the City in the amount of one hundred fifty dollars ($150.00). (Ord. No. 1982-992, §1, 10-5-82)

Upon the filing of an application for a bus service permit under the provisions of this chapter, the City Councilshall fix a time and place for a hearing on such application. A notice of date and place of the public hearing shall be published at least once in a newspaper of general circulation in the City at least ten (10) days prior to the date of the public hearing. A public hearing upon the application shall be held by the City Council at the time specified in the notice. (Ord. No. 1982-992, §1, 10-5-82)

In the determination of applications for bus service permits under this chapter, the City Councilshall give due consideration to: (a) Whether public convenience and necessity require the proposed service. (b) Whether the applicant is fit, willing and able to properly perform the proposed service. (c) Whether the applicant is solvent and financially able to furnish adequate service on a continuing basis. The City Councilmay issue the permit as applied for, or may issue it with modifications, or may refuse to issue it based on the considerations stated herein. (Ord. No. 1982-992, §1, 10-5-82)

Each bus service permit issued under authority of this chapter shall be in writing and shall show the following: (a) The name of the grantee. (b) Designation of the route or routes over which the grantee shall operate; the terminal, intermediate and off-route points of service; complete schedule and fares to be charged. (c) Designation of insurance to be carried by the grantee. (d) Frequency and type of vehicle inspections to be performed on buses. (e) General description of the size and type of buses authorized to be used by the grantee. (f) The term of the permit which shall not exceed three (3) years from the date of Council approval and which shall be subject to renewal by the City Council upon expiration. (Ord. No. 1982-992, §1, 10-5-82)

In order to enhance the safety and welfare of the passengers using private bus service, all operations of such private vehicles shall conform, notwithstanding the provisions of §11-5003 and to the extent not prohibited by state or Federal law, to the following requirements, and each vehicle must: (a) Obtain and display on the vehicle the North Carolina Utilities Commission certification authorizing its operation or, if exempt from commission regulation, the exemption number. (b) Require all drivers of such vehicles to have in their possession a valid Class B operator's license issued by the North Carolina Department of Motor Vehicles. (c) Display a valid North Carolina commercial license plate. (d) Carry a valid North Carolina motor vehicle registration in the vehicle. (e) Display in the vehicle a certificate of insurance representing that it is covered by at least the minimum insurance requirements mandated by the North Carolina Utilities Commission. (f) Assure that each vehicle is equipped with an appropriate fire extinguisher. (Ord. No. 1988-198, §2, 6-21-88)

After the issuance of a bus service permit as provided in this chapter, such permit may thereafter be amended, changed or modified upon application of the grantee; provided that the procedure in all such cases as to notice and public hearing shall be the same as provided in this chapter for the issuance of a permit. (Ord. No. 1982-992, §1, 10-5-82; Ord. No. 1988-198, §1, 6-21-88) Editor's note: Sections 11-5010—11-5012, formerly numbered as §§11-5009—11-5011, were renumbered by §1 of Ord. No. 1988-198, adopted June 21, 1988.

Any bus service permit issued under the provisions of this chapter may be revoked either in whole or in part by the year; provided that the Permit Holder shall be given at least fifteen (15) days' actual notice of hearing on any proposed revocation and an opportunity to be heard; provided further that the procedure in all such cases as to notice and public hearing shall be the same as provided in this chapter for the issuance of a permit. (Ord. No. 1982-992, §1, 10-5-82; Ord. No. 1988-198, §1, 6-21-88) Note See the editor's note to §11-5010.

Any person, business or entity operating a contractual motor bus service prior to enactment of this chapter shall not be required to comply with the provisions of this chapter in providing such contractual service during the term of the contract existing at the time of the enactment of this chapter. (Ord. No. 1982-992, §1, 10-5-82; Ord. No. 1988-198, §1, 6-21-88) Note: See the editor's note to §11-5010.

(a)Prohibitions where no certificate of eligibility issued. Unless and until a written certificate of eligibility to receive permits shall have been issued pursuant to the provisions of this section by the Director of Transportation, or by an authorized employee in the Department of Transportation, either in the form of an annual certificate or a specific certificate covering a particular project: (1) No personshall make any excavation or opening or dig any ditch, trench, tunnel or hole in, along, across or under any street, sidewalk or other public place for the purpose of laying or placing therein any pipe, wires, pole or for any other purposes. (2) No personshall grade, construct, pave or otherwise improve or repair or undertake the grading, construction, paving, improvement or repair of any street or sidewalk or other public place, including the construction, extension, paving or repair of any driveway which extends over or within the boundaries of any street, sidewalk or street right-of-way. Cross reference: Driveway Access, Sidewalks, and Streets, Part 10, ch. 7. (3) No personshall engage in any work or activity which shall in any way obstruct or tend to obstruct any street, sidewalk or other public place except those operating according to a valid permit issued pursuant to this Code. (4) No personshall engage in the erection, construction, repair, demolition, renovation, maintenance or any other work or activity in or upon, over, under or adjacent to or within five (5) feet horizontally of any street, sidewalk or other public property within the City outside of any permanent building. (b)Liability insurance and performance bond. (1) In order to provide for the general welfare and safety of the citizens and their property, no such certificate as is required by subsection (a) shall be issued unless and until, and as a prerequisite of the issuance of any such certificate, such personshall file with and keep on file with the Director of Transportation or his duly authorized representative a certificate of insurance denoting that a standard public liability policy has been issued and executed by a company authorized to write such insurance business in the State of North Carolina. The policy shall insure such person and the City, separately as to each insured except with respect to the limits of the insurer's liability; against liability to persons for bodily injuries to the extent of at least five hundred thousand dollars ($500,000.00) for bodily injuries or death sustained by one person and to the extent of at least one million dollars ($1,000,000.00) for bodily injury or death sustained by more than one person in a single accident or occurrence and against liability for property damage to the extent of at least five hundred thousand dollars ($500,000.00) which may be sustained as a result of a single accident or occurrence as a result of any work referred to herein. The certificate of insurance provided for herein shall indicate that coverage is provided for the operations of the person and his subcontractors, completed operations of the contractor where the work is not to be performed for the City. The certificate shall further provide that cancellation or material change in the insurance coverage cannot be accomplished until fifteen (15) days' written notice thereof shall have been given by the insurance company to the certificate holder. Copies of any limiting or restrictive endorsements attached to the basic policy shall also be attached to the certificate. The certificate may limit the coverage applying to the City to those jobs or projects for which the Director of Transportation or any authorized agent has issued a permit. If the work for which the permit is issued has unusual exposures in that there is a danger of collapse, underground property damage, or explosion to be determined by the Director of Transportation or his duly authorized agent, the contractor will be required to denote the same on his request for a permit and will be required to obtain insurance insuring both the contractor and the City against those specific hazards and the certificate of insurance shall indicate such coverage. As a condition of the issuance of the certificate, provided for in subsection (a) herein, both the person obtaining the certificate and the insurance company agree that upon request they will furnish to the City a copy of the policy of insurance as it pertains to the insured interest of the City. Any public utility company subject to the jurisdiction of the North Carolina Public Utilities Commission which is engaged in the City in any of the activities referred to in this chapter, and which is a self-insurer of its public liability, in whole or in part, may file with the City a certificate of liability, in whole or in part, approved by the City Attorney in lieu of the liability insurance policy required by this section. (2) As a further condition of the issuance of such certificate, the person desiring to work in the public streets as provided in this section shall file with the Director of Transportation or his duly authorized agent, a bond in the amount of not less than five thousand dollars ($5,000.00) or in such additional amount as the Director of Transportation or his duly authorized agent may prescribe to guarantee the performance of the work in conformity with the requirements of this chapter but the liability of such personshall not be limited to the penalty of the bond. If the work is not performed in conformity with the requirements of this chapter, the cost of making such work conform shall be a charge against the permit or certificate holder and his performance bond. The performance bond shall not be required where the work to be done is strictly maintenance work not involving any type of construction nor shall it be required of the utility companies referred to above. (c)Fees. No such certificate as required by subsection (a) shall be issued until and unless the fees as set forth within the City of Raleigh Fee Scheduleshall have been paid in full to the City, with such fees found to be reasonable and necessary to cover the cost and expense of issuing the certificates, examining and approving the insurance policies required by this section, the cost of inspecting the work for conformance to the conditions of the permit to work on public ways, and other things incidental to the issuance of such certificates and permits. (d)Other licensing provisions not modified. Nothing in this section shall in any way modify, repeal or dispense with the requirements of the plumbing code of the City, the electrical code of the City or the building code of the City, or of any other ordinance or law, as now existing or hereafter adopted, prescribing permits or licenses and fees and charges therefor as prerequisite to the doing of any of the work or activities set forth in subsection (a) of this section; but the procurement of the certificate prescribed by this section shall be a basic preliminary requirement which must be complied with in order to make any applicant eligible for permits when the work or activities are to be done, or performed in, upon, over or immediately adjacent to any street, sidewalk or other public place within the City. (e)Refilling excavations; liability for injuries; indemnifying theCity. (1) Whenever any personshall make any excavation or opening of any street or sidewalk or other public place in the City for the purpose of laying pipe, wires or other apparatus, or for any other purpose, it shall be the duty of such person making such excavation or opening to refill such excavation or opening on completion of the purposes for which the excavation or opening was made so as to restore it to essentially the same condition that existed prior to the excavation or opening and such refilling shall be done in accordance with the standards and specifications issued by the Director of Transportation or his duly authorized representative. (2) Any person obtaining the certificate and permit provided for in subsection (a) herein agrees, as a condition of the issuance of said certificate and permit, to indemnify and hold harmless the City, its officers, councilmen, and employees from any claims or expenses, including attorney's fees for bodily injury or property damage for accidents or occurrences arising out of the person's operations, excluding only the liability of the City for its sole negligence except in connection with general supervision of work performed by said person. (f)Protecting public from injury. Whenever any personshall do or undertake to do any of the things set forth in subsection (a) for which a permit is required, it shall be the duty of such person to use due and reasonable care to protect from harm and damage all persons or property who or which may be using any street, sidewalk or other public place where such activity is in progress, and to that end such personshall erect and maintain suitable barricades, signs, lights, flares, and other appropriate means of protection and other appropriate warning devices at, near, or around the place or places where such work or activity is in progress. (g)Definition. Streetshall mean and include all of the area between the boundary lines of any right-of-way granted, conveyed, dedicated or otherwise established for public use within the City. (h)Certificate covers agents, etc. When any certificate or permit required by subsection (a) shall have been lawfully obtained pursuant to the provisions of this section by the person responsible for the work or project for which the certificate or permit is issued (either as contractor, subcontractor, propertyowner, or in any other capacity as a principal responsible for such work), the certificate, so long as it continues in force and effect, shall cover the agents, servants, and employees of such responsible person. (i)Penalty for violation or working without a permit. (1) Any person who performs work without a required permit once in a twelve-month period, then for the first violation, the person shall pay both the permit fee and a civil penalty in the amount of one hundred dollars ($100.00). (2) If a person performs work without a required permit twice in a twelve-month period, then for the second violation, the person shall pay both the amount specified in subsection (i)(1) and a civil penalty in the amount of two hundred dollars ($200.00). (3) If a person performs work without a required permit three (3) or more times in a twelve-month period, then for the third violation, the person shall pay both the amount specified in subsection (1) and (2) and a civil penalty in the amount of five hundred dollars ($500.00), and for each subsequent violation the penalty will be in the amount of five hundred dollars ($500.00), up to the fifth violation. (4) After the fifth violation in a twelve-month period, privilege and right of the person to work in any public street, sidewalk, or street right-of-way shall be suspended for a period of twelve (12) months from the date of the sixth violation. (Ord. No. 1998-454, §10, 11-4-98; Ord. No. 1998-460, §1, 12-1-98; Ord. No. 2006-83, §1, 9-5-06; Ord. No. 2009-641, §1, 9-1-09; Ord. No. 2019-949, §11, 6-4-19, eff. 7-1-19 ) Cross references: Building and housing code enforcement, Part 10, Ch. 6; street obstructions and encroachments, Part 12, Ch. 1, Art. A; City Council approval required for private use of public rights-of-way or sidewalks, §12-1022. State law references: Authority to regulate, license and prohibit digging in streets and sidewalks, G.S. 160A-296; curb cut regulations, G.S. 160A-307; widening, extending and paving streets, G.S. 160A-296(3).

As a condition of the issuance of a permit for construction of and improvements to sidewalks, curbs, gutters and portions of driveways and drains within public rights-of-way (in addition to the other requirements of this Code, when such work is to be done either by a person employed by the owner of the property abutting the improvement, or by the City under contract, upon failure of such owner to do the required work, after notice), the person making the improvements shall be required to enter into a continuing indemnity bond with sufficient surety, upon condition that such work will be done in conformity with the standards established by the City and that the City will be indemnified for any damages it might sustain as a result of the breach of such condition. The damages payable to the Cityshall be the amount required to make such improvements conform to such City standards. The penalty of the bond shall be five thousand dollars ($5,000.00), but the amount of damages recoverable by the City from the person failing to perform the work in conformity with the City standards shall not be limited to the penalty of the bond. (Ord. No. 1998-454, §10, 11-4-98) Charter references: Authority for exemptions from special assessments, §2.14(71); street improvements without petition, §6.44(a). Cross reference: Street and sidewalk improvements, Part 6, Ch. 2. State law reference: Authority and procedures for special assessments, G.S. 160A-216 et seq.

It shall be the duty of every person or firm operating a telephone, telegraph or electric lighting or power system within the corporate limits of the City within ten (10) days after notification in writing by the Transportation Director, to remove and relocate any cross-arm, pole or standard used in connection with the system; or, upon such ten (10) days' notice in writing by such Chief Engineer, to remove and relocate any cable, wire or wires, which, in the opinion of such Transportation Director are in dangerous proximity to any high-tension wire or any low voltage electric light or power wire, or when the removal and relocation of such cross-arms, poles, standards, cables or wires is required by the public interest. (Ord. No. 1998-454, §10, 11-4-98) Cross reference: Chief Engineer, §6-1001.

All overhead cables or wires crossing any street at a street intersection or otherwise shall in all instances be at least fifteen (15) feet above the street, and it shall be the duty of every person, firm or corporation, upon ten (10) days' notice by the Transportation Director, to raise such cable or wires to the required height; provided, however, traffic signals under which vehicles must pass shall be no less than thirteen and one-half ( 1/2) feet above the street beneath it. (Ord. No. 1998-454, §10, 11-4-98)

(a) No poles, posts or obstructions of like nature shall be permitted to stand in the traveled portion of the streets or gutters of the City. All persons who have erected or constructed any poles or fixtures in the City, as herein provided or embraced, or who may hereafter erect or construct them and have ceased to use them or any of them for the purpose originally intended or who may hereafter cease to use them, all persons owning or using any pole which is obstructing any street, gutter, alley, sidewalk or any other public passageway, or which is rotten or unsafe, or which is not necessary for the proper conducting of wires, are hereby required to take down and remove such poles, wires and fixtures. (b) Whenever the Director of Transportation shall find that any pole, wire or fixture is maintained in violation hereof, he shall order its removal, and it shall be the duty of such persons to make such removal within five (5) days after such notice. Each day violation continues constitutes a separate offense. Nothing herein shall be so construed as to abridge the power or authority of the City to forthwith cause the removal of any pole, wire or fixture where the same is imminently dangerous to life and property. (Ord. No. 1998-454, §10, 11-4-98)

In removing poles, the owner or ownersshall fill in the hole after removal with sand, crushed stone or other suitable material to the ground level, in accordance with requirements of the Transportation Director. (Ord. No. 1998-454, §10, 11-4-98) Cross reference: Repair of sidewalks and driveways by propertyowners, §12-1037.1.

(a) All railroad companies whose tracks cross any of the streets of the Cityshall improve such crossing by placing treated timbers on each side of the rails level with the top of the rails and paving between the timbers and to a point at least eighteen (18) inches outside of the rails with an asphalt mix. Where sidewalks are provided on the streets crossed by a railroad track, the sidewalks shall be extended across the tracks using treated timbers between the rails and to a point at least eighteen (18) inches outside of the rails. Such sidewalks shall be a minimum of five (5) feet in width. (b) All such crossings and bridge surfaces shall be maintained in a safe and smooth condition. When, in the opinion of the Director of Transportation, a crossing or bridge surface is not properly constructed or maintained, and upon written notice from him, the railroad company shall immediately make the repairs or alterations necessary in a manner satisfactory to the Director of Transportation. (Ord. No. 1998-454, §10, 11-4-98) Charter reference: Authority to regulate railroad track construction, §2.14(6). State law reference: Authority to regulate railroad crossings, G.S. 160A-298.

(a) Private properties will be relieved from the responsibility of sidewalk repair and replacement of sidewalks raised, broken or otherwise made uneven by tree trunks located in whole or in part in the public right-of-way under the following conditions: (1) The City receives either written notice or finds that conditions described in the above paragraph exist; and (2) The City determines that the raised, broken, or uneven sidewalk was caused by tree trunks located in the right-of-way or by the roots of said tree; and (3) The propertyowners of tree trunks located partially in the right-of-way, including the roots of said trees, consent to repair or replacement of the sidewalk and the propertyowners hold the City, its officials, its employees and its contracts harmless for any damage caused to the tree. (b) In all cases, the Urban Forester shall advise the repair crew (City or contractor) as to proper care of the trees and determine if the tree shall be removed or its roots cut and removed. However, the timing of these repairs will be determined within the sole discretion of the City which shall be guided in its determinations, among other factors, upon the extent of the offset or damage to the sidewalk, the nature of the character of the sidewalk, its location, the amount of travel over it by pedestrians, and the extent to which the present conditions of the sidewalk would ordinarily be seen or observed by pedestrians. All other sidewalk repairs, maintenance, and replacement shall remain in full force as set forth in §12-1037.1 of this Code. (c) This provision shall in no way enlarge the common law duty of the City to make repairs to sidewalks. (d) The sidewalk construction standards imposed by this Code may be waived by the City Manager or the City Manager's designee for the purpose of sidewalk repairs performed under §11-6008 provided that: (1) Repairs performed according to City standards would destroy, or would be likely to destroy, a healthy mature tree. (2) The repairs will provide a sidewalk that is safe for use by both handicapped and nonhandicapped individuals. (3) The repairs may reasonably be assumed to last for at least seven (7) years. If conditions (2) and (3) above, cannot be met without the likelihood of serious harm to the tree, the tree will be removed and the sidewalk will be repaired to City standards. (Ord. No. 1998-454, §10, 11-4-98; Ord. No. 2002-149-TC-212, §6, TC-12-01, 1-15-02) Cross reference: Repair of sidewalks and driveways by propertyowners, §12-1037.1.

(a)Regulations. (1)Express approval required. It shall be unlawful except with the express approval of the Council, for any person, firm, or corporation to construct or maintain any awning, (fixed or movable) sign, canopy, marquee, structure, or any other encroachment on, projecting into, overhanging, or with its supports on the public rights-of-way, provided no express approval by the City Council is required for mailboxes, lawn irrigation systems for single-family and duplex dwelling units and plantings on street rights-of-way, for banners erected in accordance with the banner display program policy. Before authorizing the construction of any awning, (fixed or movable) sign, canopy, marquee, structure, or encroachment, the Councilshall find that such construction will not in any way hinder, obstruct, delay, or in anywise endanger the free and safe use of the public rights-of-way, and comply with the procedure set forth in §12-1022. Permission for the use of the public rights-of-way for any use permitted herein shall not relieve the petitioner from compliance with any other requirement of this Code. In addition to the permission of the City Council, encroachments over, under or in streets and alleys under the control of the State Department of Transportation may be erected only if that department consents thereto. Permission for the use of the public rights-of-way for any use permitted herein shall be subject to revocation by the Council at will. Cross reference:City permit required for the planting of plant material in any public street, §9-8005; banner display program policy, Resolution No. (2000) 590. (2)Awnings, etc. Awnings, marquees and other structures extending from and attached to buildings may be permitted under the following rules: a. Every fixed awning, marquee, or structure and sign extending from and attached to buildings erected after March 8, 1992, shall be at its lowest point at least nine (9) feet, excluding a flexible balance which may extend one additional foot, above a sidewalk or the ground when projecting over public rights-of-way and shall not extend or occupy more than two-thirds of the width of the sidewalk when measured from the building. When proposed fixed awnings, marquees, or signs are at least fourteen (14) feet above a sidewalk or the ground, the Councilmay permit such fixed awnings, marquees, or other structures and signs to extend or occupy more than two-thirds the width of the sidewalk, provided that such encroachments shall not extend closer than eighteen (18) inches from the back of the curb. b. Metal or canvas movable awnings may extend over public rights-of-way for a distance of not more than five (5) feet provided such awnings or any part thereof maintain a clear height of eight (8) feet, excluding a flexible balance which may extend one additional foot, above the sidewalk. All movable awnings shall be supported on metal frames attached to the building. c. Inside the primary fire districts, all awnings (fixed and movable) and marquees shall be entirely made of noncombustible material or in the use of canvas, cloth of similar synthetic fabric-like materials, such coverings shall be treated so as to produce a flame spread no greater than twenty-five (25). d. The design and construction of marquees shall comply with the requirements of the North Carolina State Building Code. e. The director of transportation shall advise the Council as to whether the proposed awning (fixed or movable), marquee, structure, or sign will obstruct the view of motorists using any street, private driveway, or approach to any street intersection. (3)Canopies. Where supports are to be placed on the public rights-of-way, all canopies may be permitted under the following rules: a. Plans for such canopies shall be submitted to the Council. b. All canopies on streets other than the first four (4) blocks from the State Capitol of Fayetteville Street, shall be constructed of concrete or metal in such a manner as to be substantially permanent in nature and in compliance with the North Carolina State Building Code. c. The minimum underside clearance including signs or other appurtenances below the structure shall be fourteen (14) feet above the sidewalk. d. The center line of the columns shall be three (3) feet behind the back of the existing street curb. No columns shall be more than two (2) feet in diameter (or other cross-section). Other improvements may be placed in the space between two (2) feet and four (4) feet from the face of the curb (the column area), upon Council approval of specific plans. e. No part of the canopy shall project closer than eighteen (18) inches to a street parking or traffic lane. f. All canopies must be equipped with underside lighting, provided and maintained by the abutting properties at a level of ten (10) footcandles at the sidewalk. g. An identification sign on the underside of the canopy which conforms to §10-2065.2(a) is permitted. h. The director of transportation shall advise the Council as to whether the proposed canopy will obstruct the view of motorists using any street, private driveway, or approach to any street intersection. (4)Fayetteville Street limitations. On Fayetteville Street (first three (3) blocks from the State Capitol) no marquees shall be hereafter constructed and all canopies must conform to the design established by the mall committee, approved by the Council and on file in the Department of Planning. (5)Gasoline service stations. Gasoline service stations having pumps constructed, erected, reconstructed, or reerected as provided in Code §10-6036 may have canopies which extend from the wall of the main service station building to a point four (4) feet beyond the pumps and pump islands; provided that the construction of such canopies shall meet all of the construction requirements of subsection (a)(3); provided that all permits which allow the construction of such canopies as are constructed nearer the street than the building setback line specified in the zoning ordinance shall be removed at any time at the cost of the property owner in the discretion of the Council; provided further, no permit shall be issued for the construction of a canopy closer to the public right-of-way than provided in the zoning ordinance unless and until an instrument, sufficient to give proper notice to subsequent owners of the conditions on which the permit is to be issued, shall be recorded in the office of the Register of Deeds. (b)Definitions of Terms for Purposes of This Section. (1)Sign. Any identification, description, animation, illustration or device, illuminated or nonilluminated, which is visible from any right-of-way, which directs attention to any realty, product, service, place, activity, person, institution, performance, commodity, firm, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, poster, bulletin board, pennant, placard, or temporary sign designed to identify or convey information, with the exception of state, municipal, or national flags. (2)Marquee. A marqueeshall include any hood or awning of permanent construction supported from the wall of a building above an entrance and extending into a street right-of-way without pillars or posts within a street right-of-way. (3)Awning. An awning shall include any structure made of cloth or metal with a metal frame attached to a building and projecting into a street right-of-way regardless of whether the same is supported by pillars or posts in the right-of-way and regardless of whether it can be raised to a position flat against the building when not in use. (4)Canopy. A canopy shall include any structure, other than an awning, made of metal or other incombustible material attached to a building projecting into a street right-of-way and supported by pillars or posts within a street right-of-way. Canopies shall extend across the entire street frontage of a building. (5)Structure. The term structureshall mean a combination of material to form a construction that is safe and stable including among others, buildings, reviewing stands, platforms, stagings, observation towers, trestles, shelters, fences, and display signs; the term structure shall be construed as if followed by the words "or part thereof." (c) Enforcement. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-2; Ord. No. 1977-579, 7-5-77; Ord. No. 1979-982-TC-96, §§35—37, 1-2-79; Ord. No. 1979-118, 6-19-79; Ord. No. 1980-503, 10-21-80; Ord. No. 1981-806, §§1, 2, 12-8-81; Ord. No. 1985-598, §1, 6-18-85; Ord. No. 1985-645, §§1—3, 10-1-85; Ord. No. 1987-946-TC-286, §52, 4-7-87; Ord. No. 1992-930, §§1—5, 3-3-92; Ord. No. 1999-482, §1, 1-5-99; Ord. No. 2000-800, §1, 5-16-00; Ord. No. 2022-339 , §25, 2-15-22) Cross reference: Sign regulations generally, §10-2065.

No personshall erect or maintain any platform or bridge over the gutters within the limits of the City; provided, this shall not prevent the installation of drainage pipes for walkways or driveways where there is no paved curb and gutter. The installation of such drainage pipe shall be as approved by the Director of Transportation. (Code 1959, §19-3; Ord. No. 1998-454, §19, 11-4-98) Cross reference: Public works, Part 7.

It shall be unlawful for any person to construct any cellar door, grating or manhole on the sidewalks of the City without approval of the Council. Cellar doors, gratings or manholes shall be on a level with the sidewalk and shall be kept in good repair by the owner of such structures. Doors, gratings and manhole covers shall be constructed of iron or other material as approved by the Director of Transportation. All such openings shall be kept closed at all times when not in use, and when in use proper guards shall be provided to warn and protect the public. (Code 1959, §19-4; Ord. No. 1998-454, §19, 11-4-98)

(a) No personshall appropriate any space under a sidewalk for cellar, vault or other underground uses without first obtaining approval of the Council. When approved, underground structures shall be constructed so as not to interfere with public utilities. (b) The sidewalk over any such underground space permitted shall be constructed and maintained by the owner of such structure so as to permit safe travel over the same by pedestrians. (c) The roof over any such underground space shall be of approved noncombustible material. Glass lights shall not be permitted within the sidewalk area over cellars, vaults or other underground structures. (Code 1959, §19-5)

(a) It shall be unlawful for any person to obstruct the sidewalks of the City by placing thereon any box, bag, bale, crate, stand, frame, vehicle, coal, wood, brick, lumber, litter, or other obstruction for a longer period than is absolutely necessary for the purpose of loading, unloading, moving or transporting the same. (b) The provisions of the preceding paragraph shall not apply in the following instances: (1) Standard covered garbage cans, at the times and places designated by ordinance or order of the City Manager. (2) In case of a special permit for construction, dismantling, advertising, and for such other purposes as are or may be provided by ordinance. (c) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-13; Ord. No. 1998-454, §19, 11-4-98; Ord. No. 2022-339 , §26, 2-15-22)

No personshall ride bicycles on any of the following pedestrian ways or sidewalks: Fayetteville Street Mall, Moore Square Station Transit Mall, adjacent to designated bike lanes. This prohibition shall not apply to sworn law enforcement officers while on duty and to any private security force employed by a non-profit corporation and approved by the City Council. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-21(c); Ord. No. 1987-96, §1, 12-1-87; Ord. No. 2000-747, §1, 3-7-00; Ord. No. 2022-339 , §27, 2-15-22) Cross reference: Bicycles generally, Part 11, Ch. 3.

The City Manager (or their designee) is authorized to develop guidelines for the operation of Micromobility Devices within the City as may be allowed under State law and shall be authorized to enter into agreements with providers of Micromobility Devices to govern their use and operations. (Ord. No. 2020-123 , §§1—3, 8-18-20)

No auction shall be held on any street within the City limits; nor shall any person attract a crowd to himself on any street or thoroughfare in the City so as to impede travel thereon by advertising his goods or merchandise, or by offering them for sale, or by any manner of speech making whatsoever; providing, nothing herein contained shall prohibit speech making or serenading under the control of the Chief of Police; provided further, this section shall not apply to legal sales held on public property. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-1; Ord. No. 2022-339 , §28, 2-15-22)

(a) No use of the surface of public sidewalks or public right-of-way for private purposes shall be permitted or continued unless the person, partnership, firm, or corporation desiring to use or continue the use of a sidewalk or public right-of-way shall procure a permit from the Director of Transportation of the City, after the approval of such use by the City Council. Such permit shall be issued only upon condition that the user of the sidewalk or public right-of-way for private purpose shall first assume in writing, responsibility for any injury or death of persons or damage sustained as a result of such use. Notwithstanding the above or the provisions of Section 12-1001 of this Code, uses of City-maintained right-of-way for private purposes associated with the installation or maintenance of telecommunications, video programming, electricity, or similarly situated utility infrastructure may be permitted by the Director of Transportation and shall not require approval of the City Council. The Director of Transportation may approve encroachments for telecommunications, video programming, electricity, or similarly situated utility encroachments for specific locations or through a master agreement applicable to all City-maintained rights-of-way. Permission for the use of public rights-of-way for any use permitted herein shall not relieve the applicant from compliance with any other requirement of the Code. Upon construction of the encroachment the user shall submit to the City as built drawings showing the precise location of the encroachment, and in the case of encroachments for transmission devices the drawing shall also show the location of other utilities in the public right-of-way or sidewalk. As-built plans shall not be required for underground lawn irrigation systems when used specifically for single-family or duplex dwelling units. Permission for the use of the public rights-of-way or sidewalks shall not relieve the petitioner from compliance with any other requirement of this Code. Permission for the use of the sidewalk or public rights-of-way for any use permitted herein shall be subject to revocation by the Council at will. Newsracks and public utility companies authorized to use the streets under the franchise from the Cityshall be exempt from the provisions of this section. Handicapped ramps installed to serve government buildings built prior to March 20, 1979, shall be exempt from the provisions of this section, provided such ramps shall not extend or occupy more than three-fifths the width of the sidewalk and shall not extend closer than three (3) feet to the curb. Any person, partnership, firm, corporation or any other entity who shall use a sidewalk or public right-of-way without first obtaining the approval of the City Councilshall be guilty of a misdemeanor and shall upon conviction be punished as in such cases provided by statute. In addition to this criminal remedy and any other authorized remedy, any person, partnership, firm, corporation or any other entity who excavates or excavated in a sidewalk or public right-of-way without first obtaining the approval of the City Councilshall be subject in the sole discretion of the Council to a civil penalty of not more than two hundred dollars ($200.00) plus ten dollars ($10.00) for each continuous day of use. No penalty shall be assessed until the alleged violator has been notified of the violation. The Councilshall determine the amount of the civil penalty to be assessed and shall make a written demand for payment upon the person, partnership, firm, corporation or entity responsible for the violation and shall set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the General Court of Justice of Wake County for recovery of the penalty. Cross reference: Permit and regulations for working in, upon, over, under or adjacent to the streets and sidewalks, §11-6001. (b) Newsracks shall not be allowed on the public right-of-way unless the conditions contained in this subsection are met. A newsrack is defined as any self-service container, storage unit or other dispenser installed, used, or maintained for the distribution of newspapers or news periodicals. After the effective date of this ordinance [September 18, 1984] no newsrack shall be placed at the sidewalk until it has received a permit granted by the Inspections Department. There shall be no charge made for the permit and it shall be issued if the issuing officer finds that the newsrack and location meet the following conditions: (1) No individual newsrack shall exceed fifty (50) inches in height, twenty-four (24) inches in width and twenty-four (24) inches in thickness. This includes all signs and any other permanent attachments necessary for the operation of the newsrack. (2) Newsracks may be placed no closer than five (5) feet from the edge of the street curb and shall be placed parallel to and no more than six (6) inches from the sidewalk edge farthest away from the street curb, or the wall of a building which is adjacent to the sidewalk edge. (3) No newsrack shall be affixed or attached to any fixture or other property owned or maintained by the City of Raleigh. All newsracks shall be enclosed so as to prevent the unintended escape therefrom of the printed material being dispensed from the rack. If a vendor cannot provide an enclosed rack, it may use an open rack if that rack has a latch or other device to prevent the contents of the rack from being removed by the wind or other accidental means. Any newsracks not meeting these standards shall be removed from the public right-of-way no later than July 15, 1995. (4) No newsracks shall be placed, installed, used or maintained: a. Within fifteen (15) feet of any fire hydrant, standpipe or siamese connector. b. Within five (5) feet of any emergency call box or other emergency telecommunications equipment or any other emergency facility. c. Within five (5) feet of any driveway or cross-walk. d. Within five (5) feet of any public transit benches or other public benches and trash containers. e. Within five (5) feet of any area within the public right-of-way improved with lawn, flowers, shrubs, or trees. f. At any location where the clear space for the passageway of pedestrians is reduced to less than five (5) feet. g. Within a ten-foot radius of the points of intersection of the right-of-way of two (2) intersecting streets. h. Within five (5) feet of any underground utility access points, ventilation areas or meters. i. Within five (5) feet of any handicapped ramps or other facilities provided for handicapped persons. j. Within five (5) feet of any building access, exits or any emergency access or exit ways. (5) No newsrack shall be used for advertising signs or publicity purposes other than an identification sign dealing with the display, sale or purchase of the newspaper or news periodical sold therein. Within ninety (90) days after this section becomes effective, every person or other entity which places or maintains a newsrack on the streets of the City of Raleigh shall have the vendor's name, address and telephone number affixed thereto in a place where such information may be easily seen. A uniform sticker shall be supplied by the Inspections Department for this purpose. Any newsrack installed, used or maintained in violation of the provisions of this section shall be tagged with a "notice of violation" stating the violation, date of tagging, notice of intention to remove the newsrack if the violation is not corrected within ten (10) days or procedure for obtaining a hearing before the Inspections Department is made giving the owner of the newsrack opportunity to be heard regarding the violation. The Inspections Department or its designate may, as an alternative to tagging said newsrack, move, align, or otherwise reposition such rack or racks in order to restore them to a legal condition. Any newsrack which has been tagged and remains in violation of the provisions stated on the tag past the ten-day correction period, and for which no hearing has been requested, shall be removed by the Inspections Department or its designate and stored in a secure location. The Inspections Department or its designate shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the newsrack was removed, the reasons therefor, the procedure for obtaining a post-removal hearing before the Inspections Department, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within forty-five (45) days after such removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such newsrack and pay the reasonable charges within forty-five (45) days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to the provisions outlined in the Code of the City of Raleigh. Any newsrack in violation of the provisions of this section, which violation creates an immediate danger to the health, safety or welfare of the public, which violation cannot be corrected by moving or otherwise repositioning the newsrack, may be summarily removed and stored in a secure location so as to eliminate the danger to the health, safety and welfare of the public. The Inspections Department or its designate shall notify the owner as outlined in this section. Every person or other entity which places or maintains a newsrack on a public sidewalk or right-of-way in the City of Raleigh shall file a written statement with the Inspections Department satisfactory to the City Attorney whereby he or it agrees to indemnify and hold harmless the City, its officers, councilmen and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of a newsrack within the City of Raleigh. (Code 1959, §19-5.1; Ord. No. 1977-472, 3-15-77; Ord. No. 1979-46, 3-20-79; Ord. No. 1984-415, §§1—3, 9-18-84; Ord. No. 1985-639A, §§7—9, 9-17-85; Ord. No. 1987-36, §1, 9-1-87; Ord. No. 1994-521, §1, 12-13-94; Ord. No. 1998-454, §19, 11-4-98; Ord. No. 1999-482, §2, 1-5-99; Ord. No. 2006-83, §2, 9-5-06; Ord. No. 2009-641, §§2, 3, 9-1-09; Ord. No. 2020-76 , §1, 4-7-20)

Uses presently made of the sidewalks for private purposes may be continued only on condition that the provisions of this section are complied with within sixty (60) days of the effective date of this section, and upon failure to comply herewith, the property owner using a sidewalk for private purposes shall immediately discontinue such use and restore the sidewalk to its original condition. The Citymay restore the sidewalk to its original condition and assess the cost thereof against the property of the owner if he shall fail to do so and such cost shall be a lien upon the property, collectible in the same manner that taxes are collected; by civil action; or require that the sidewalk be repaired and assess the cost thereby against the property abutting on both sides of the street, unless there already exists a sidewalk, on the other side of the street the total cost of which was assessed against the abutting property.

(a) All vending controlled by the Private Use of Public Spaces Handbook as adopted by the Raleigh City Council on February 20, 2007, and as subsequently amended shall only be conducted pursuant to the terms of that document. Anyone vending without a permit or outside the parameters of the handbook relating to location, type of cart, product sold, or any other specification shall be guilty of a misdemeanor. The misdemeanor may be punished by a fine greater than fifty dollars ($50.00) as set out in N.C.G.S. 14-4. (b) Except pursuant to a special event permit, it shall be unlawful to peddle in the streets of the City items other than home-made food goods, fresh cut flowers, fruits, vegetables, nuts, eggs, meat, dairy products, and original artworks and handicrafts produced by the peddler. If a special event permit is granted the peddler may also sell merchandise which is related to the event for the permit has been granted. The peddler shall comply with all of the following conditions: (1) The peddler shall obtain an annual permit from the City after establishing that the vendor complies with all legal requirements for its operation. The fee for the annual permit is as set forth in the City of Raleigh Fee Schedule. Permits are not transferrable; (2) The peddler shall comply with all federal, State, and local regulations applicable to the products offered for sale, including health and food safety regulations. (3) The peddler's operations shall not impede, endanger, or interfere with travel on or use of the street or the sidewalk by the public. (4) The peddler shall obey all parking regulations. If the parking space selected by the peddler is not a metered space, the peddler shall park to conduct sales for a maximum of two (2) hours during anyone day. (5) The peddler shall not use or permit customers to use the street. All vending transactions with customers shall occur at the curb or inside the peddler's vehicle; (6) The peddler shall promptly remove any trash associated with its operation and may not dispose of its trash in any City-owned public trash receptacle; (7) The vehicle used by the peddler shall have a gross vehicle weight when unloaded no greater than three thousand nine hundred (3,900) lbs. and the vehicle shall not extend beyond the boundaries of any parking space in which it is located; (8) The peddler shall provide proof of a valid insurance policy that provides a minimum liability coverage of one million dollars ($1,000,000) with the City named as an additional insured. The peddler shall also hold the City, its officers, councilors, and employees harmless and indemnify them for any loss, liability, damage, and costs and expenses arising from its operations; and, (9) The peddler shall not locate within fifty (50) feet of a fixed-location or City permitted pushcart business of a competing nature or within fifty (50) feet of an outdoor dining space. No peddler may operate within fifty (50) feet of another peddler operating under this section. (10) The peddler shall not operate within an area designated for a special event unless the peddler is a part of the permitted special event. (c) Vendors who operate solely from a zero-emissions motorized vehicle licensed by the State Division of Motor Vehicles to operate on streets and highways may peddle those items described in subsection (b) from commercial loading zones within the Downtown Overlay and Glenwood South Business Districts on the following conditions: (1) The vendor shall obtain an annual permit from the City after establishing that the vendor complies with all legal requirements for its operation; (2) All equipment required for the operation and the operation itself is contained within the zero-emissions motorized vehicle; (3) The vendor may occupy the loading zone space at the end of the posted period for the loading zone space and shall remove all equipment and leave all loading zones no later than 11:00 p.m.; (4) The vendor shall not use or permit customers to use the street. All vending transactions with customers shall occur at the curb; (5) The vendor shall promptly remove any trash associated with its operation; (6) The vehicle shall be no larger than shall have a gross vehicle weight when unloaded no greater than three thousand nine hundred (3,900) lbs. and the vehicle shall not extend beyond the boundaries of the commercial loading zone; (7) The vendor shall hold the City, its officers, councilors, and employees harmless and indemnify them for any loss, liability, damage, and costs and expenses arising from its operations; and, (8) No fixed-location business of a competing nature and no outdoor dining space is located within 50' of the loading zone parking space to be used by the vendor. (d) Provided further, it shall be unlawful for any person to erect, maintain or have any stand, cart or vehicle upon any street which impedes, endangers or interferes with the travel upon or use of the streets by the public. Each such stand, cart or vehicle shall be equipped with a waste receptacle and shall have rubber tires. (e) All pushcarts must obtain and maintain a permit for each location where the owner of the pushcart intends to operate. All applications for permit renewal must be filed no later than June 20 preceding the next permit year. During the period June 21 through July 1 the permits for any spaces that were not renewed will be available to new applicants. In the event that more than one applicant desires one of the abandoned locations the City will conduct a lottery to assign that space. The price of each permit and permit renewal is as set forth in the City of Raleigh Fee Schedule. Permit applications shall contain the following information: (1) A home occupation use permit for a home based business. (2) A food vending permit from Wake County. (3) A valid City of Raleigh business license. (4) A scaled sketch plan or photographs showing proposed cart location, dimension, and details of surrounding streetscape elements, covering six (6) feet on all sides of the edge of the cart operation area including property lines, sidewalks, curb lines, lighting, trees indicating size, tree grates, planters, parking meters, benches, street signs, bus stops and fire hydrants. The cart operation area shall not exceed one hundred (100) square feet. (5) A list of products to be sold. (6) Proof of a valid insurance policy that provides a minimum liability coverage of one million dollars ($1,000,000.00) with the City named as an additional insured. (7) A written indemnity agreement that will hold harmless the City, its officers, and employees, for any loss or liability or damage, including costs, for bodily injury or property damage sustained by a person as a result of the negligent installation, use, or maintenance of a permitted space. (8) A food permit from the N.C. Department of Agriculture if the applicant intends to sell baked goods or ice cream. (f) Permit holders may be required to remove private materials or accessories to allow street, sidewalk, or utility access for maintenance operation or during approved special events. All permits issued pursuant to this section shall be suspended during a special event approved by the City Council. Carts are excluded within four hundred (400) feet of the edge of any special events area unless the permit holder is given permission from the event sponsor to set up within the designated event area. No more than three (3) permits per cart shall be issued to any cart owner. (g) Pushcarts are prohibited in areas not zoned for commercial use. In all other areas of the City the carts shall conform to the following regulations regarding location and operation: (1) Carts must not locate in any area that impedes, endangers, or interferes with pedestrian or vehicular traffic. (2) Carts selling food products must be located at least fifty (50) feet from the entrance to any business selling food unless the owner of the other business gives written permission for the infringement of the no vending area. (3) Carts must locate at least fifty (50) feet from any outdoor eating area. (4) Carts must be located at least two (2) feet from any curb. (5) Carts must not be locked or attached to trees or street furniture. (6) Carts must maintain an unobstructed pedestrian corridor of a minimum of five (5) feet in width parallel to the street. On Fayetteville Street the minimum pedestrian corridor is seven (7) feet. (7) No more than two (2) carts will be allowed on any block face. (h) All carts must meet the following design standards: (1) Carts must be non-motorized with operable wheels. Persons with disabilities may use a motorized system to propel the cart. (2) All carts must be self contained with a waste receptacle. All equipment other than coolers must be contained on or with in the cart. (3) A cart may not exceed nine and one-half (9.5) feet in height and eight and one-half (8.5) feet in length and four (4) feet in width. Carts permitted prior to 2007 may continue to operate if they exceed any of these dimensions. (4) Umbrellas or canopies must be attached to the cart and must not exceed nine and one-half (9.5) feet in height above grade. Maximum diameter of canopies and umbrellas shall not exceed six (6) feet and shall not interfere with pedestrian movement. No cart shall have more than two (2) umbrellas. (5) Carts must be constructed of durable material and not plastic or wood may be visible. (6) Carts must comply with all local, state, and federal rules regarding sanitation and protection of food from airborne contamination. (7) All signage on carts shall comply with the Raleigh Sign Ordinance. No free standing signage is permitted. (8) Sales of goods and merchandise are limited to food and beverage, fresh cut flowers, or original artwork and handicrafts produced by the vendor. All items for sale must be confined to the cart. Food vendors may place a maximum of three (3) coolers within their containment area so long as the coolers are neatly stacked to avoid visual clutter. No generators may be used at any time. (9) A vendor may maintain one chair for his own use. No public seating is allowed. Pushcarts may not be stored, parked, or left overnight on any City property. (10) Carts may only be operated between the hours of 6:00 a.m. and 1:15 a.m. Cleanup and removal of the cart must be completed by 1:45 a.m. The operator must be present at all times and must have a valid permit on his person or on the cart at all times. (11) Permits are not transferrable. (12) The operator is responsible for all waste and trash removal. The containment area must be kept clear of grease, trash, paper, cups or cans associated with the operation. No liquid waste or grease is to be disposed of in tree pits or onto the sidewalks, streets or other public places. (i) Any street vending performed that is not in compliance with these regulations is illegal. (j) A permit is revoked if the operator receives three (3) citations, either civil, criminal or combination thereof during any calendar year. (k) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §9-12; Ord. No. 1980-393, §§5, 6, 6-3-80; Ord. No. 1989-441, §1, 10-3-89; Ord. No. 2010-773, §1, 8-3-10; Ord. No. 2010-815, §1, 12-7-10; Ord. No. 2011-835, §1, 2-1-11; Ord. No. 2012-87, §1, 7-3-12; Ord. No. 2015-489, §1, 9-15-15 ; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 ; Ord. No. 2020-64 , §§1, 2, 3-3-20; Ord. No. 2021-305 , §1, 11-16-21; Ord. No. 2022-339 , §29, 2-15-22) Sec. 12-1024.1. FOOD TRUCK ACTIVITIES LOCATED ON PUBLIC RIGHT-OF-WAY. (a)Definitions. Food truck means a licensed, motorized vehicle or mobile food unit licensed by the NC State Division of Motor Vehicles and as authorized by N.C.G.S. 130A-247 et seq. which is temporarily stored in a location where food items are sold to the general public. A food truck hasan unloaded gross vehicle weight between three thousand nine hundred (3,900) pounds and sixteen thousand (16,000) pounds. Defined locations means five (5) distinct areas within the City of Raleigh: 0—199 blocks of South State Street between New Bern Avenue and West Hargett Street; 0—199 Blocks of Polk Street between North Wilmington Avenue and North Blount Street; 400 Block of West North Street between Harrington and North West Street;; and the blocks bounded by West Hargett Street, South West Street, West Davie Street and South Dawson Street. Permit holder means any person who holds a current food truck permit. Permitted parking space means the location identified by the City in the approved food truck permit. Vendor means any person who owns, operates or manages a business that uses or applies for a food truck permit. (b)Right-of-Way Use Limited, Permit Required. 1. No food truck may utilize the right-of-way to serve customers without obtaining a permit for food trucks within the right-of-way. This shall not apply to special events approved by the City. 2. A vendor may obtain a permit to serve customers from the right-of-way, provided all standards identified in this section are met. If demand for food trucks exceeds available parking spaces within the defined locations, the City may utilize a lottery system to award the permits. 3. A completed permit application must be submitted to the City. The permit application shall be accompanied by all required elements listed on the application and the submittal fee, as indicated in the City of Raleigh Fee Schedule. 4. The vendor must possess a valid insurance policy through an insurance carrier authorized or eligible to do business in the State of North Carolina for any damage to the public right-of-way and for any damages for which the City might incur liability because of property damage or personal injury arising out of the use of the public right-of-way. The minimum liability limit of the policy shall be one million dollars ($1,000,000.00). The City of Raleigh shall be listed as an additional insured as its interests may appear on all Certificates of Insurance. 5. The vendor shall hold the City, its officers, councilors and employees harmless and indemnify them for any loss, liability, damage and costs and expenses arising from its operations. (c)Right-of-way Eligible for Food Truck Service. A food truck providing service from the right-of-way must meet all of the following standards: 1. The food truck may only be parked within the permitted parking space within the defined locations. 2. All food trucks must be situated to allow at least five (5) feet of unobstructed space for pedestrians on sidewalks, pedestrian paths and other locations intended primarily for pedestrian travel. If any applicable law, including Americans with Disability Act regulations, shall require a greater distance, the greater distance shall apply. 3. The food truck shall not be located within one hundred (100) feet of the main entrance of any restaurant, any outdoor dining space, or any fixed location or City-permitted pushcart business of a competing nature. If a restaurant subsequently locates within the minimum spacing requirement, the food truck may operate until the food truck permit expires. 4. No food truck may be parked in a location that prohibits or restricts access to a private property. A minimum five (5) foot spacing is required from any driveway, measured from the driveway apron. 5. The food truck must be located at least five (5) feet from any utility box, utility vault, handicapped ramp, or emergency call box. The food truck must be located at least fifteen (15) feet from a fire hydrant. 6. The food truck operator must dispose of all waste associated with the food truck operation. City receptacles may not be utilized for this purpose. No liquid waste or grease may be poured into any tree pit, storm drain, gutter pan, sidewalk or any other public space. Grease cannot be released into the City's sanitary sewer system. The food truck operator shall make available hand sanitizer to its customers. 7. Once a permit has been granted by the City, a food truck may operate within the permitted parking space on every day of the week from the hours of 10:00 a.m. to 10:00 p.m. The food truck may not operate or park within the permitted parking space before 10:00 a.m. and must cease operation and leave the permitted parking space by 10:00 p.m. Permitted hours for operation for any specific parking space shall be listed in the applicable traffic schedule, as adopted by the Council. 8. The food truck operator shall not utilize tables, chairs, free-standing signage or audio amplification in conjunction with the food truck. All equipment shall be contained within or on the food truck. (d)Suspension of Permit. 1. The City reserves the right to require any permit holder to cease part of all of its operation, or remove the food truck from the permitted parking space in order to allow for construction, maintenance or repair of any street, curb, gutter, sidewalk, storm drain inlet any other similar municipal utility. 2. The food truck operator must comply with all other applicable local, state and federal regulations. Any food truck operated in a manner inconsistent with these regulations is illegal. 3. If a food vending permit is revoked by the issuing County entity, the City's food truck permit shall also be revoked. 4. The City may temporarily suspend the permit to maintain the health, safety and welfare of the public. The City may temporarily suspend the food truck permit when the street is closed for a special event. 5. If at any time evidence of the improper disposal of liquid waste or grease is discovered, the food truck permit will be rendered null and void and the food truck business will be required to cease operation immediately. (e)Enforcement. 1.Civil Penalties. a. Violations of any of the provisions of this section will result in the following civil penalties: i. First offense in any twelve-month period$100.00 ii. Second offense in any twelve-month period$500.00 iii. Third offense in any twelve-month periodPermit revocation b. The City Manager or the Manager's designee may issue a notice of violation assessing civil penalties. The notice shall be issued in writing and shall set forth with reasonable specificity the basis for the civil penalty. The notice of violation shall be served by registered or certified mail, or by personal service. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the first class mail is not returned by the Post Office within ten (10) days after the mailing. Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty. c. The notice of violation shall contain a time period by which the violation must be corrected. From and after the date specified in the notice, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. d. If a person fails to pay any civil penalty within thirty (30) days after the decision becomes final, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. 2.Administrative Fee. Any person who violates this article shall pay an administrative fee of one hundred dollars ($100.00) per violation. 3.Other Remedies. In addition to civil penalties and permit suspension, a violation of this division is a misdemeanor and may also be enforced through injunctive or other equitable relief, or a combination of remedies. 4.Appeals. a. A party aggrieved may appeal any decision under this section to the City Manager within fifteen (15) calendar days after the contested decision. An appeal must be made in writing and shall contain the reasons supporting the appeal and any evidence that supports it. The person appealing may review the evidence that is the basis of any suspension or violation during the City's normal business hours. The City Manager or his designee shall review the information provided and shall issue a written decision determining whether a violation has occurred. b. After receiving a determination from the City Manager or his designee, a party aggrieved may appeal to the City Council within twenty-one (21) calendar days after the City Manager's decision (or the decision of his designee) was mailed. The scope of the City Council's review shall be limited to verifying the facts supporting a written decision or Findings of Fact made on a suspension. If the City Council finds that the facts as found are correct, the civil penalty, administrative fee, or suspension shall not be disturbed. (f)Termination or Amendment of Streetside Vending. The City Council may amend, revise, or terminate streetside vending by ordinance duly enacted. The City shall retain the entire fee paid for the permit by the permit holder; no refund shall be issued to any food truck permit issued that is no longer valid because of an amendment, revision, or termination. ( Ord. No. 2016-555, §1, 3-15-16, eff. 5-14-16 ; Ord. No. 2018-857, §1, 6-19-18, eff. 6-24-18 ; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 ; Ord. No. 2021-189 , §1, 2-2-21)

It shall be unlawful, except pursuant to the provisions of §12-1024, for any person to expose, sell or to offer for sale any merchandise, cooked provisions, poultry, fruits, vegetables or other commodities upon any sidewalk in the City; provided that this section shall not prevent the sale of merchandise if the proceeds of such sales are used exclusively for religious, charitable or educational purposes, or [from] sidewalk cafes [which] are permitted in a pedestrian business overlay district. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-15; Ord. No. 1986-856-TC-274, §9, 9-16-86; Ord. No. 1989-441, §2, 10-3-89; Ord. No. 2022-339 , §30, 2-15-22)

(a) Business. It shall be unlawful for any person to solicit or attempt to solicit business of any kind on the streets or sidewalks of the City. (b) Employment near Nash Square. Loitering for the purpose of seeking employment or the seeking thereof or the solicitation by any prospective employer of any person for hire within or upon any of the streets or sidewalks contiguous to Nash Square is declared to be a public nuisance and such practices are prohibited. (c) Employment, generally. Loitering for the purpose of seeking employment or the seeking thereof or the solicitation by any prospective employer of any person for hire within or upon any of the streets or sidewalks of the City is declared to be a public nuisance and such practices are prohibited. (d) Approaching motor vehicles. No person shall stand, sit, or loiter in the right-of-way of any streets in the City with the intent to approach any motor vehicle for the purpose of soliciting employment, business or contribution from the driver or occupant of the motor vehicle; provided, that the provisions of this section shall not apply to licensees, employees or contractors of the Department of Transportation or City employees engaged in construction or maintenance or in making traffic or engineering surveys. (e) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-16; Ord. No. 1994-447, §1, 7-19-94; Ord. No. 1995-678, §1, 7-5-95; Ord. No. 2022-339 , §31, 2-15-22) State law reference: Authority to regulate solicitation, G.S. 160A-178.

It shall be unlawful for any person to solicit subscriptions for papers, magazines, books, or other publications on the streets or sidewalks of the City, or in any public park within the City limits. (Code 1959, §19-17)

Citizens may plant trees in front of their lots and around their lots, on the sidewalks, under the supervision of the director of parks. No tree shall be planted in the streets or gutters. No personshall cut, destroy or injure any tree or box around same without permission from the director of parks. (Code 1959, §19-19) Cross reference: Trees and vegetation, Part 9, Chapter 8.

Every manhole or other aperture located within the sidewalk areas of the City and used for delivering coal into the basement of an adjacent building shall be located within two (2) feet of the curb line of the street. Coal shall not be permitted to be shoveled or thrown across the sidewalk. (Code 1959, §19-20)

(a) No personshall lead, drive or ride any horse or motor vehicle upon any sidewalk except such part of it as lies directly between the street and the entrance to any adjacent lot, and then only for the purpose of going into or out of such lot. (b) No personshall place, roll, drive or ride on the sidewalk any wheelbarrow, handcart or hand carriage except in passing directly across the sidewalk into or out of a house or lot or when transporting an infant or invalid. (Code 1959, §19-21)

It shall be unlawful to play any game of any description or to throw any stone, snowball, or other missile by bean shooter or other such device upon the streets and sidewalks of the City. It shall also be unlawful to play such games or throw such missiles by such means in any private lot or public place in any such manner as to annoy or injure another or to constitute a nuisance. (Code 1959, §21-10)

No personshall use the streets or sidewalks, or gutters of the City, as a drain to carry off any water that has been used, or other noxious fluids of any description whatsoever. (Code 1959, §19-7)

Every owner or lessee of any building having conductors or down pipes emptying on any sidewalk shall provide and maintain under efficient operating conditions underdrainage for same across such sidewalks. Each day's failure to comply with the provisions of this section after notice shall constitute a separate offense. (Code 1959, §19-8)

It shall be unlawful to place any ashes or empty the contents of any cuspidor or to place any other filthy or objectionable matter in the sidewalk waste receptacles provided for public use. (Code 1959, §19-9)

(a) It shall be unlawful for any person to haul or cause to be hauled over the streets of the City any dirt, shingles, laths, or trash in a wagon or other vehicle, unless the wagon or vehicle is constructed to prevent, and does prevent, the spilling of dirt, shingles, laths or trash upon the streets. (b) It shall be unlawful for any person to permit a truck or other vehicle under his control to track mud, in appreciable quantity, on the streets or sidewalks of the City. (c) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-11; Ord. No. 1978-700, §1, 1-7-78; Ord. No. 2022-339 , §32, 2-15-22)

It shall be unlawful for any person other than duly authorized employees of the City to paint the streets, sidewalks or curbs, or any part thereof, within the right-of-way of any street or public alley within the City. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-11.1; Ord. No. 2022-339 , §33, 2-15-22)

It shall be the duty of all occupants or tenants of improved property and of the owners of all vacant property in the City to keep sidewalks, parkways and gutters clean, and to do such cutting, sweeping and scraping as may be necessary to keep such sidewalks clean and free from weeds, grass, snow, ice, dirt and trash, and to render the same passable, comfortable, and sightly, and the gutter next to and along each sidewalk open and free from obstruction, for the full width of their respective fronts. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §19-6; Ord. No. 2022-339 , §34, 2-15-22) Sec. 12-1037.1. REPAIR OF SIDEWALKS AND DRIVEWAYS BY PROPERTY OWNERS. It shall be the duty of every property owner in the City to maintain in good repair and safe condition, the sidewalk and driveway abutting his property for the safe passage of pedestrians over the same except as otherwise provided in §7-2008. (Code 1959, §19-25; Ord. No. 1983-245-TC-205, §9, 12-6-83; Ord. No. 1986-735, §4, 2-18-86) Editor's note: This section was formerly numbered §7-2003. Cross reference: Repair of sidewalk after removal of poles, §7-2006.

(a) It is unlawful for any person to place or leave or cause to be placed or left, temporarily or permanently, any trash, refuse, garbage, scrapped automobile or truck or part thereof, scrap metal or junk of any kind on the right-of-way of any street or highway within the City. (b) This section does not apply to domestic trash or garbage placed on such rights-of-way for removal by the City. (c) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §11-9; Ord. No. 2022-339 , §35, 2-15-22)

(a) No personshall remove any sand, dirt, loam, sod, clay, gravel or other materials from any of the streets, alleys or sidewalks; provided, that this section shall not apply to lot owners who are repairing or constructing sidewalks under the specifications prescribed by the City nor to persons planting trees along the edge of sidewalks. (b) Except as otherwise provided in this ordinance, any recyclable material placed on the public right-of-way or in any other approved collection area and in containers approved by or provided by the Department of Solid Waste Services becomes the property of the City upon being placed in either of the above areas for collection. It is unlawful for anyone other than the person placing the material or an authorized City employee to remove any of the recyclable material from the right-of-way or any other approved collection area. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (c) Any material placed on the public right-of-way in a container provided by a person, partnership, firm, or corporation holding a permit issued by the City pursuant to §12-1022 to collect recyclable material from the right-of-way is not the property of the City and must be removed by the permittee consistent with the schedule for collection of recyclables by the City. Any person violating this subsection shall be subject to revocation of the permit issued pursuant to§12-1022. Any violation of this subsection shall be deemed a non-criminal violation and shall not be a misdemeanor or infraction pursuant to G.S. 14-4 or §14-1005(a) of this Code of Ordinances. (Code 1959, §19-14; Ord. No. 2012-19, §1, 3-6-12, eff. 3-13-12; Ord. No. 2017-662, §1, 1-17-17 ; Ord. No. 2022-339 , §36, 2-15-22)

No personshall throw, drop or deposit, or cause to be thrown, dropped or deposited on any street, avenue, alley, highway, footway, sidewalk, park, or other public place or space in the City, any waste (including but not limited to, refuse, garbage, ashes, rubbish, building rubbish, dead animals, putrescible matter, paper, drinking cups, broken glass, tacks, brush, grass, weeds, and anything injurious to health); provided, however, building rubbish and material used in building, construction, repair, remodeling and excavating operations may be deposited in the aforesaid places when permitted by and in accordance with other applicable ordinances. If any person, while transporting or hauling, or causing to be transported or hauled, such rubbish or material, or earth, excavation, coal or other material, shall throw, drop or deposit, or cause to be thrown, dropped or deposited, such rubbish or material from the body of the vehicle, in violation of the provisions of this subsection, such person must daily clean up and remove such rubbish or material in a manner satisfactory to the Director of Public Works, failing which the Department of Public Works may clean up and remove such rubbish and material, and the Citymay collect the cost of such cleaning up and removal from such person. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1998-454, §12, 11-4-98; Ord. No. 2022-339 , §37, 2-15-22)

(a)Definitions. The following terms shall have the following meanings as used in this section. Applicantshall mean any person or entity that has applied for an outdoor seating area permit. Outdoor seatingshall refer to the private or public use of city-maintained sidewalks and streets for the purpose ofoutdoor seating area for use by patrons of a business or organization adjacent to the sidewalk or street, and/or for use by the general public. Outdoor seating areashall mean the designated outdoor seating area located on a City-maintained sidewalk or street that has been permitted for use as provided in this section. Outdoor seating guide or Guideshall mean the guidelines, standards and rules adopted by the City Manager that contain the requirements that must be met to obtain and maintain an outdoor seating area permit. Parkletshall mean a platform authorized by the City to be placed within a designated outdoor seating area for outdoor seating purposes to be used by the general public at designated times. Permitteeshall mean any person or entity issued a permit by the City to operate an outdoor seating area adjacent to a public sidewalk or street maintained by the City or the North Carolina Department of Transportation. Streeteryshall mean a platform authorized by the City to be placed within a designated outdoor seating area for outdoor seating purposes to be used by patrons of a business or organization located adjacent to that area, and for use by the general public at designated times. (b)Permit required. (1) Except as may be provided elsewhere within City Code, no personmay use a City-maintained sidewalk or street as an outdoor seating area, nor place thereon any platform, tables, chairs, furniture, seating materials or other similar items, unless issued an outdoor seating area permit in conformance with this section, and the Outdoor Seating Guide, as may be amended. (c)Eligibility; application review. (1) Any person or entity that operates a legally established business or organization that is adjacent to a City-maintained sidewalk or streetmay apply to the City for temporary use of a portion of the sidewalk or street as an outdoor seating area in accordance with this section and the Guide. The application, and applicable fees, shall be submitted to the City, along with any supporting documentation, which will then be reviewed by the CityManager or designee for compliance with this section and the Guide. (d)Agreement; permit. (1) An outdoor seating area permit is a revocable license issued to an eligible permittee to use a portion of a City-maintained sidewalk or street for temporary purposes as set out herein and does not convey an interest in property, public sidewalks, streets or related infrastructure. The CityManager or designee is authorized to execute an agreement approving a permit for an outdoor seating area, and issue, suspend or revoke such permit for same based upon any or all of the following factors: a. The accuracy and completeness of the application and supporting materials, and the extent to which they comply with the requirements of this section and the Guide. b. A violation of this section, or failure to comply with requirements of the Guide, any outdoor seating area agreements, applicable laws and regulations. c. Concerns relating to hours of operation, traffic flow, parking, and public safety. d. Such other information the CityManager or designee reasonably believe may or may not be in the public interest, public safety, and general welfare. (2) Once approved, the permit shall be made available for inspection upon request, and shall state on its face, at minimum, the following: a. The legal name, address, phone number, and email address of the permittee and its authorized representative. b. The approved outdoor seating area location and area, approved hours of operation, and permit commencement and expiration dates. c. Any additional information the CityManager or designee deems necessary. (e)Denial of Application; reconsideration. (1) If an application is denied, the Cityshall notify the applicant electronically using the e-mail address provided by the applicant stating the reasons for denial. Within thirty (30) days of such notice, the applicantmay submit a revised application with supplemental information for reconsideration. The payment of a new application fee is not required if the revised application and material are submitted within thirty (30) days from receipt of the notice of denial. (f)Operation and use. (1) A permittee of an outdoor seating areashall: a. Comply with this section, the Guide, all rules, regulations, and laws, State and federal, including but not limited to, those related to alcohol service and consumption, and ensure that no alcohol is served or consumed outside the permitted outdoor seating area except as otherwise allowed by law. b. Not place any items within the outdoor seating area unless they comply with this section and the Guide. c. Use the outdoor seating area only for the seating of its patrons and/or the general public in accordance with the restrictions of the permit and Guide. d. Ensure that no items are permanently affixed to the street, sidewalk, trees, public or private property. e. Not operate outside the area designated in the permit. f. Timely remove snow, ice and other debris from the outdoor seating area and adjacent sidewalk for the safety of their users. g. Ensure that the outdoor seating area platform and furniture are in good working order, kept clean, well-maintained, in good repair and working order, made of commercial grade materials, and suitable and safe for commercial use. h. Ensure that the outdoor seating area provides for adequate access in compliance with the American Disabilities Act, with adequate access determined in the City's sole discretion. i. Ensure that any and all permittee patrons using the outdoor seating area act in an orderly, safe, and non-disruptive manner so as to not pose a safety risk to traffic or pedestrians; and if such conduct occurs, permitteeshall have an affirmative duty to immediately address such conduct and notify applicable authorities. (g)Design standards exception. (1) Notwithstanding the provisions of this section and the Guide, the City Manager or designee may waive compliance with the design standards stated within this section and the Guide for permit approval if the CityManager or designee finds that: a. The applicant has submitted a completed outdoor seating area application with supporting materials but is unable to comply with the design standards due to conditions that are peculiar to the sidewalk, street, or property, and not from those that are common to the neighborhood or the general public; the permittee can substantially comply with the design standards in this section and the Guide and the issuance of a permit is consistent with the spirit, purpose and intent of this section and the Guide, such that public safety is adequately protected; and such waiver does not violate State or federal laws or regulations or any other provisions of the CityCode. b. Provided that the CityManager or designee may require the applicant or permittee to bring the outdoor seating area within full compliance with this section and the Guide within six (6) months of issuance of a permit under this subsection; (h)Non-conforming existing permits. (1) Notwithstanding the provisions of this section and the Guide, permits for outdoor seating areas issued by the City prior to the effective date of this section which substantially comply with the requirements and standards in this section and the Guidemay continue in full force and effect provided that: a. continued use of the outdoor seating area under the existing permit is consistent with the spirit, purpose and intent of this section and the Guide, and all applicable regulations and laws; b. public safety and traffic mobility are adequately protected and provided for; and c. the permittee of the non-complying outdoor seating areashall bring same into full compliance with this section and the Guide no later than July 1, 2022 (which may include obtaining a design standards exception as outlined in this section). (i)Exemptions. (1) Except for design standards stated within the Guide, the Cityshall be exempt from compliance with the application, permit, indemnification and insurance requirements of this section and the Guide as they may relate to use of outdoor seating areas for City sponsored or co-sponsored parklets, outdoor events, races, festivals, or concerts. (j)Additional Requirements for NCDOT Streets. (1) In addition to the requirements set out herein, when an outdoor seating area is to be used for sidewalk dining activities for serving food and beverages from a restaurant abutting right of way maintained by the North Carolina Department of Transportation ("NCDOT"), the applicant and/or permitteeshall, in addition to complying with this section and the Guide, obtain approval from NCDOT and comply with the provisions of N.C.G.S. § 136-27.4, as may be amended, and all requirements, rules, regulations, and laws related thereto. To the extent an applicant seeks a permit under this section adjacent to a NCDOT-maintained street, then the term City-maintained sidewalk and street as used herein shall be construed to mean NCDOT-maintained sidewalk and street. (k)Duration and fees. (1) Each outdoor seating area permit shall state the hours and dates of operation consistent with this section and the Guide. No application shall be accepted for review unless accompanied with an application fee payable to the "City of Raleigh" in accordance with the City of Raleigh Fee Schedule to cover the cost of processing and investigating the application and supporting materials. If an application or supporting materials are revised within thirty (30) days of initial submission, then an additional application fee shall not be required. If a substantial amount of information is required to be submitted for review after the 30-day period, then an additional application fee may be assessed. If an application meets necessary requirements, an encumbrance fee shall be paid to the City for the temporary use of the outdoor seating area in accordance with the City of Raleigh Fee Schedule. Permits are issued on an annual basis concurrent with the City's fiscal year. Once issued, a permit shall be valid from the date of issuance through 11:59 p.m. of the subsequent June 30. (2) A permitteemay apply to renew its permit as provided for herein and the Guide. (l)Notices of violation. (1) Any Police Officer, or the City Manager or designee may issue a notice of violation assessing civil penalties for the violation of any provision of this section or the Guide. The notice shall be issued in writing and shall set forth with reasonable specificity the basis for the violation and civil penalty. The notice shall be served by registered or certified mail, or by personal service using the address listed on the permit. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the first-class mail is not returned by the Post Office within ten (10) days after the mailing. Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty. (2) The notice of violation shall contain a time period by which the violation must be corrected. From and after the date specified in the notice, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties. (m)Enforcement; violations; penalties; suspension. (1) Except as may be provided otherwise herein, non-compliance with this section or the Guideshall be considered a violation and may subject the outdoor seating areapermittee to penalties and the permit to suspension and/or revocation. Violations of any of the provisions of this section or the Guideshall result in the following civil penalties: a. First offense in any twelve-month period:$100.00. b. Subsequent offenses in any twelve-month period:$500.00. (2) If a violation of this section or the Guide occurs twice in any twelve-month period, any outdoor seating area permit may be suspended for thirty (30) days. If a violation occurs three (3) or more times in any twelve-month period, then the outdoor seating area permit shall be suspended for twelve (12) months. (3) If the any civil penalty assessed herein is not paid within thirty (30) days after the penalty decision becomes final, as provided herein, the Citymay recover the penalty, together with all costs allowed herein and by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. (n)Other Remedies. (1) In addition to civil penalties, permit suspension and revocation, a violation of this section or the Guidemay also be enforced through injunctive or other equitable relief, or a combination of remedies. (o)Appeals. (1) A permittee aggrieved under this section may appeal any decision to the City Manager within fifteen (15) calendar days after the permittee is notified in writing of a violation. An appeal must be made in writing and shall contain the reasons supporting the appeal and any evidence that may support. The person appealing may review the evidence that is the basis of any suspension, revocation, or violation during the City's normal business hours. The City Manager or designee shall review the information provided and shall issue a written decision determining whether a violation has occurred. (2) After receiving a determination from the City Manager or designee, the party aggrieved may appeal to the City Council within twenty-one (21) calendar days after the decision of the City Manager or designee was deposited in the U.S. Mail addressed to the party aggrieved at the address on file. The scope of the City Council's review shall be limited to whether competent evidence supports the written decision of the City Manager or designee. If the City Council finds that competent evidence supports the decision, then the civil penalty, administrative fee, suspension or revocation shall not be disturbed. (p)Assignment Prohibited; Effect of Ceasing Business Operations. (1) An outdoor seating area permit is not transferrable or assignable and is specific to the permittee's business or organization as shown on the permit. Any change in the ownership of the permittee's business or organization after permit issuance shall cause the permit to be immediately invalid and require the subsequent owner to apply for a new permit. A change in ownership shall mean acquisition of more than ten (10) percent of the stock in a publicly traded corporation; any change in the ownership of shares in a privately held corporation; sale of all or part of a sole proprietorship; any change in the membership of any form of limited liability organization; or any substantial change to the permittee's business entity as reflected with the North Carolina Secretary of State's Office. (2) The permitteeshall notify the City when its business operations cease or there has been a change in ownership as provided herein. If the permittee's business operations cease, or the outdoor seating area is not used for the permitted purpose for thirty (30) calendar days or longer, then the permit shall automatically terminate and all materials such as platforms, furniture and like items shall be removed from the outdoor seating area. If permittee fails to cause such items to be so removed, then the Citymay remove the items as provided herein. (q)Removal; discontinuance; costs. (1) Should the City Manager or designee find that: a. any and all materials in the outdoor seating area, including but not limited to platforms and furniture, should be removed due to violations of this section or the non-compliance with the Guide, then the permitteeshall remove such items as directed by the City; should the materials not be removed within a reasonable time, then the City may remove the items, repair and restore the sidewalk or street to their pre-permit conditions; permitteeshall be responsible for any and all costs related to the removal, storage, repair, of the materials; such costs shall be a lien upon permittee'sproperty, collectible in the same manner that taxes are collected, or by civil action; or b. circumstances warrant the immediate removal of any and all materials in the outdoor seating area such as the platform, furniture, and related items due to exigent reasons of public safety or general welfare, then such items shall be immediately removed by the permittee at the direction of the City; if such items are not timely removed as directed, then the Citymay remove and dispose of such items at no expense or liability to the City. ( Ord. No. 2022-346 , §3, 3-15-22) Editor's note(s)—; Ord. No. 2022-346 , §3, adopted March 15, 2022, repealed the former §12-1041, and enacted a new §12-1041 as set out herein. The former §12-1041 pertained to outdoor seating areas on public sidewalks and derived from ( Ord. No. 2015-519, §1, 11-17-15 ; Ord. No. 2016-594, §§1—6, 6-7-16 ; Ord. No. 2016-595, §1, 6-7-16 ; Ord. No. 2018-823, §§1, 2, 5-1-18 ; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19 .

(a) The term parade as used in this section is defined as an assemblage of two (2) or more persons participating in or operating any vehicle in any march, ceremony, show, exhibition or in any procession, promotion or objection of any kind in or upon the public streets, alleys, parks or other public grounds in any manner; provided, the term shall not include: (1) "Pickets," etc., as defined in §12-1055; (2) Funeral processions; (3) Any governmental agency acting within the scope of its functions; (4) Bands or marching groups proceeding to an assembly point for participation in a parade; or (5) Footraces and bicycle races. (b) No parade shall be conducted on the public ways of this City and no personshall inaugurate, promote or participate in any such parade unless the parade is conducted in conformity with the requirements set out herein and unless a permit has been obtained from the Chief of Police or his designated representative. (Code 1959, §21-31(a)(b); Ord. No. 1979-126, §1, 6-19-79) State law reference: Authority to regulate parades, G.S. 160A-296.

(a) Application for a parade permit shall be made in writing at least twenty-four (24) hours and no more than three hundred sixty-five (365) days before the time at which the parade shall be scheduled to begin and shall contain the following information: (1) The name, if any, of the organization or group sponsoring or proposing the parade; (2) The location or locations in the City where the parade is proposed to take place; (3) The date and hours for which permit is sought; (4) The name of the person applying for the permit; (5) Whether or not persons below the age of eighteen (18) years are expected to participate; and (6) The person or persons to be in charge of the activity and who will accompany it and carry permit at all times. (b) Upon receipt of an application properly completed and timely filed as hereinabove set out, the designated officershall immediately issue a permit consistent with the standards prescribed herein. The permit shall contain all information stated on the application and shall be signed by the issuing officer. (Code 1959, §21-31(c), (d); Ord. No. 2014-343, §7, 9-16-14, eff. 9-21-14 )

The following standards shall apply to all parades conducted in the City: (a) No parade or part thereof may be conducted on the streets of the City between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. (b) Every parade shall follow a route approved by the City Manager or designee. The City Manager or designee shall approve no route which is incompatible with the preservation of public health, safety and welfare. The City Manager or designee's disapproval of a proposed route may be appealed to the City Council. (c) No one participating in a parade or proceeding along the route of a parade shall distribute therefrom any candy, cigarettes, prizes or favors of any kind. (d) No vicious animal whether leashed or unleashed shall participate in or proceed along the route of a parade. (Code 1959, §21-31(e); Ord. No. 1980-346, §2, 4-1-80; Ord. No. 1989-304, §1, 2-7-89; Ord. No. 2014-343, §§8—11, 9-16-14, eff. 9-21-14 )

The Chief of Police or his designated agent may revoke any permit granted for a parade if: (a) Any person violates the standards for the conduct of parades set out herein; or (b) Any participant in a parade fails to comply with the formation, terms and conditions set out in the application and permit or fails to comply with the terms of this section. (Code 1959, §21-31(f))

The terms picket, pickets and picketing as used herein are deemed to include "demonstrators," persons participating in vigils and any action primarily promoting or objecting to a policy upon those portions of the public ways not used primarily for vehicular parking and moving traffic and not constituting a parade. (Code 1959, §15-35.1(j))

Peaceful picketing shall be permitted in the City provided the same is done under the following conditions: (a) No picketing shall be conducted on the public ways of this City and no personshall participate in the same unless notice of intent to picket has been given to the Chief of Police or his designated representative, and unless a receipt of such notice has been issued. (b) A group of ten or more persons shall give notice of intent to picket in writing and the notice given shall contain the following information. A group of fewer than ten persons may give written notice of intent to picket but is not required to do so. (1) The name, if any, of the organization or group sponsoring or proposing to picket unless the group indicates that it intends to picket anonymously, in which case no name is required; (2) The location or locations in the City where the pickets propose to assemble and demonstrate; (3) The date or dates on which the picketing is to occur; (4) The name of the person and organization giving notice of intent to picket unless the person or organization indicates that it intends to picket anonymously, in which case no name is required; (5) Whether or not persons below the age of eighteen (18) years are expected to participate; and (6) The person or persons to be in charge of the activity and who will accompany it and carry any receipt of notice at all times. (c) It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual. (d) Upon the giving of notice of intent to picket, properly completed as hereinabove set out, the designated officershall immediately issue a receipt of notice. The receipt shall contain all information stated in the notice. Notice shall be given by the holder of a receipt of notice to the Chief of Police or his designated representative immediately upon the cessation of such picketing for a period of twenty-four (24) hours or more. Before resumption of picketing interrupted for any such period, a new notice shall be given and a new receipt issued. (e) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §15-35.1(a)—(c); Ord. No. 1990-504, §1, 3-7-90; Ord. No. 2006-977, §1, 3-7-06; Ord. No. 2022-339 , §38, 2-15-22)

(a) Picketing shall be conducted only on portions of the public ways not used primarily for vehicular parking or moving traffic. (b) Pickets may carry written or printed placards or signs not exceeding thirty-six (36) inches provided the words used would not tend to incite violence. (c) If pickets promoting different objectives, causes, actions or policies desire to use a sidewalk that is already used for picketing, the Chief of Police or the Chief's designated agents shall allot a number of pickets promoting each objective, to use such sidewalk, on an equitable basis, proportionate to the number of objectives being promoted. (d) Pickets shall be restricted to the use of the outermost half of the sidewalk or other public way nearest the street and shall not at any time nor in any way obstruct, interfere with, or block: persons entering or exiting from vehicles; persons crossing streets or otherwise using the public way; the entrance or exit to any building or access to property abutting the street or sidewalk; a driveway serving any building or abutting property; or pedestrian or vehicular traffic. (e) No person observing, engaging in, or assisting in picketing shall bring to or allow to remain in the immediate area of picketing any vicious animal. (f) It shall be unlawful for a group of ten or more persons to picket without filing a notice as required herein. (g) The provisions of §§12-1055 through 12-1057 are mandatory, and not merely directory, and failure to comply with the provisions of these sections is hereby declared to be unlawful and punishable as provided by law. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §15-35.1(d)—(i), (k)—(m); Ord. No. 2006-977, §2, 3-7-06; Ord. No. 2019-20 , §1, 11-19-19; Ord. No. 2022-339 , §39, 2-15-22)

(a) It shall be unlawful for any person to physically interfere with pickets in the use of the sidewalk or to address profane, indecent, abusive, or threatening language to or at those pickets which would tend to provoke the pickets or others to a breach of the peace. (b) The police officers of the City may, in the event of the assemblage of persons in such numbers as to tend to intimidate pickets pursuing their lawful objective through numbers alone or through use of inflammatory words, direct the dispersal of persons so assembled and may arrest any person who fails to absent himself from the place of such assemblage when so directed by the police. (c) Whenever the free passage of any street or sidewalk in the Cityshall be obstructed by a crowd, whether or not the crowd assembles as a result of or in connection with picketing, the persons composing such crowd shall disperse or move on when directed to do so by a police officer. It shall be unlawful for any person to refuse to so disperse or move on when so directed by a police officer as herein provided. (d) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §15-35.2; Ord. No. 2022-339 , §40, 2-15-22)

(a) The term footrace as used in this section is defined as a group of three (3) or more runners or walkers competing against either each other or a time limit over a fixed course all or a part of which involves the use of City street right-of-way, City sidewalks, and greenways. (b) The term bicycle race as used in this section is defined as a group of three (3) or more bicyclists competing against each other or a time limit over a fixed course all or a part of which involves the use of Citystreet right-of-way, City sidewalks, and greenways. (c) Application for a race covered by this section shall be made in writing at least one hundred twenty (120) calendar days before the time at which the race shall be scheduled to begin and shall contain the information outlined in the City Council's Special Event Policy. A race application may be accepted after this deadline only if allowed as a late application permitted under the City Council's Special Event Policy. (d) Upon receipt of an application properly completed and timely filed as hereinabove set out, the City Manager or designee shall issue a permit after the applicant has complied with all applicable requirements imposed in accordance with the City Council's Special Event Policy. The permit shall contain all information stated on the application and shall be signed by the City Manager or designee. (e) The following standards shall apply to all footraces and bicycle races subject to this section conducted in the City: (1) Every race shall follow a route approved by the City Manager or designee in accordance with the standards set out below. (2) The race applicant and all persons involved in conducting the race shall comply with all terms and conditions set out in the City Council's Special Event Policy and all terms and conditions contained in the permit issued for the race. (3) No one participating in a race or proceeding along the route of a race shall distribute therefrom any candy, cigarettes, prizes or favors of any kind. (4) No vicious animal whether leashed or unleashed shall participate in or proceed along the route of a race. (5) The organizer of an event subject to this section shall make provision for proper safety procedures at intersections and along other sections of the right-of-way. The location of the safety monitors shall be determined by the Chief of Police or his designee and the personnel shall be provided at no cost to the City. Personnel hired for such duties shall be sworn law enforcement officers certified by the North Carolina Criminal Justice Training and Standards Council. (6) The permit shall not be issued until the sponsor shall acquire sufficient insurance or approval by the City Attorney to indemnify the City for damages or liability which the City might incur. (7) The approval of any route shall be based on the safety of the participants and non-participants, the degree of disruption that the route will likely cause, the available access for cars and pedestrians, and the unique requirements of a specific event. (8) The City Manager or designee's disapproval of a proposed route may be appealed to the City Council. Appeals shall be made in person at a regularly scheduled City Council meeting at least three meetings prior to the proposed event date. (Ord. No. 1979-126, §2, 6-19-79; Ord. No. 2014-343, §12, 9-16-14, eff. 9-21-14 )

(a) It shall be unlawful for any person to possess on or about his person or vehicle any firearm or dangerous weapon of any kind, as defined below, whether exposed or concealed, while participating in any parade or any picketing. (b) It shall be unlawful for any person present at any parade or picketing or any person upon any street, sidewalk, alley or other public property within five hundred (500) feet of any parade or picketing, to possess on or about his person or vehicle any firearm or dangerous weapon of any kind, as defined below, whether exposed or concealed. (c) For purposes of this article, the term dangerous weaponshall be defined as any device or substance designed or capable of being used to inflict serious injury to any person or property; including, but not limited to: firearms, airguns, BB guns, pellet guns, knives or razors with a blade more than three (3) inches in length, metallic knuckles, clubs, blackjacks, nightsticks, dynamite cartridges, bombs, grenades, knives, explosives, molotov cocktails, and sword canes. (d) This section shall not apply to the following persons while acting lawfully and within the scope of their duties and authority: (1) Law enforcement officers, (2) Officers and soldiers of the armed forces, militia and national guard. (e) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1980-346, §1, 4-1-80; Ord. No. 2011-989, §1, 12-6-11; Ord. No. 2022-339 , §41, 2-15-22))

(a) A permit shall be issued by the City Manager or designee for the closure of any Citystreet, sidewalk, or greenway in accordance with the requirements of the City Council's Special Event Policy. The permit will list all permitted activities as approved by the City Manager or City Council. The City Manager or designee's disapproval of a proposed closure may be appealed to the City Council. Appeals must be made in person before Council at a regularly scheduled meeting no later than 3 meetings prior to the event date. (b) The fees associated with special events regulated by the Special Event Policy shall be as indicated on the City of Raleigh Fee Schedule. Application fees are non-refundable and due when the application is submitted. Permit fees are paid once an application has been approved just prior to the issuance of the permit. ( Ord. No. 2014-343, §13, 9-16-14, eff. 9-21-14 ; Ord. No. 2019-949, §12, 6-4-19, eff. 7-1-19 )

This article shall be known as and may be cited as "The Taxicab Control Ordinance of the City of Raleigh." (Code 1959, §22-1)

The following words and phrases, when used in this article, shall have the meanings, respectively, ascribed to them in this section, except where the context clearly indicates that a different meaning is intended: (a)Taxicab. The word taxicabshall mean a motor-driven vehicle originally designed by the manufacturer's specifications without modification to be used for the transportation of passengers for a metered fee: (1) other than motor buses operating along regular routes and schedules, or between fixed termini (2) other than vehicles contracted by the Dept. of Education for student transportation. (b)Premium taxi service. The words premium taxi serviceshall mean the type of taxi service which is used by one person or party at a time, unless the original person or party does not object to another person or persons riding in the taxicab, which is provided along the shortest route between the occupant's origin and destination, and for which a taximeter is used to compute the fare. (c)Shared taxi service. The words shared taxi serviceshall mean the type of taxi service which can be used by more than one (1) person or party at a time, which is not necessarily provided along the shortest route between an occupant's origin and destination but rather is provided in such a way so that the taxicab deviates from the shortest route in order to pick up or deliver other passengers, and for which a zone fare is charged. (d)Limousine/Vehicle for Hire. Shall mean a for hire motor carrier, as defined by N.C.G.S. 20-4.01(11a), carrying passengers within each vehicle's legal capacity, not equipped with a taximeter, with a driver who carries passengers for hire at rates of fare agreed upon between the operating licensee, its agent or operator and the passengers. This fare is not to exceed the rate agreed upon at the time of the franchise. No limousine may engage in cruising or be operated by on call or demand. (e)Owner. The word ownershall mean and include any person having control of the operation or maintenance and collection of the revenue of taxicabs; person who holds the legal title of a vehicle, or in the event a vehicle is subject to an agreement for conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the original vendee or lessee, or, in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this article. (f)Driver. The word drivershall mean and include every person in charge of or operating a taxicab. (g)Permit. The word permitshall mean an owner's permit and also a driver's permit as the context indicates. (h)Owner's permit. The words owner's permitshall mean a permit granted to the operator of a taxicab business. (i)Shuttle. Shall mean any passenger vehicle for hire that provides shuttle transportation to passengers to or from prescribed locations such as the airport, hotels, motels, shopping centers, stadiums, coliseums or theaters, pursuant to a contract or agreement, and that does not accept or discharge passengers indiscriminately between prescribed locations. No shuttle vehicle shall engage in cruising or be operated by on call or demand. (j)Memorandum owner's permit. The words memorandum owner's permitshall mean the card issued by the taxicab inspector to a taxicab owner and operator for display within a taxicab indicating that an owner's permit has been issued covering such taxicab and the operation thereof. (k)Rate card. The words rate cardshall mean the card issued by the taxicab inspector to a taxicab owner and operator for display within each taxicab for which an owner's permit has been issued containing the schedule of fares to be charged by such taxicab. (l)Premium taxi service trip. The words premium taxi service tripshall mean each stop and the taximeter shall be cleared at the termination of each trip except in instances when the lessee of a taxicab requests discharge of a passenger enroute to a final destination, and in such event the final destination shall be the termination of the trip. In every instance when the taxicab fare is paid to the taxicab driver, it shall be the duty of the taxicab driver to clear the meter. (m)Shared taxi service trip. The words shared taxi service tripshall mean the journey of a passenger from his origin to his destination. (n)Response time. The words response timeshall mean the time elapsed between the time which a prospective passenger specifies as the time he wishes to have a vehicle at his trip origin, and the time when the vehicle arrives at that location. (o)Accessible Raleigh Transportation (ART) Program. The words Accessible Raleigh Transportation (ART) Program or ART serviceshall mean taxi service provided to persons certified by the City as disabled. Charges for service under the ART program will be paid with a special currency or scrip approved by the City which can be redeemed by the City at full face value. (p)Handivan. The word handivanshall mean and include every public passenger vehicle with less than sixteen (16) passenger capacity equipped to transport persons who are confined to wheelchairs. (q)Cruising. Shall mean driving on, over and along the streets or public places of the City in search of, or soliciting, prospective passengers for hire. Listed below are the specific vehicle types prohibited from "cruising": Limousine/vehicle for hire Shuttle (Code 1959, §22-2; Ord. No. 1978-799, §1, 5-16-78; Ord. No. 1980-487, §§1—3, 10-7-80; Ord. No. 1989-383, §8, 6-6-89; Ord. No. 1990-674, §1, 11-6-90; Ord. No. 2009-671, §§1—4, 11-3-09)

There is hereby created the office of taxicab inspector. The taxicab inspector shall be responsible for the inspection of taxicabs and other vehicles, the practical administration of this article, and the safety and welfare of the public in connection with the operation and use of taxicabs and other vehicles as defined by this article. The taxicab inspector shall from time to time cause to be made an inspection of taxicabs and other vehicles as defined in §12-2022. If any vehicle shall be found unsafe or unfit for operation, written notice shall be given the driver and the holder of the certificate and license therefor of such condition, and such vehicle shall not be operated thereafter until the same has been put in safe and fit condition. (Code 1959, §22-3; Ord. No. 1980-487, §4, 10-7-80; Ord. No. 1990-674, §2, 11-6-90; Ord. No. 2009-671, §5, 11-3-09)

(a) It shall be unlawful for any person to engage in the business of operating one or more taxicabs, or to drive any taxicab, within the corporate limits of the City or within a radius of one mile beyond the corporate limits in all directions unless such personshall have complied with and shall continue to comply with the provisions of this chapter. The provisions of this chapter shall not apply to any taxicab operated between fixed termini only one of which is within the corporate limits of the City and within a radius of one mile beyond the corporate limits; that is, where only the point of origin or only the point of destination, respectively, of any trip is within the corporate limits of the City and within a radius of one mile beyond in all directions, except that any such surrounding territory shall be subject to the following sections of this chapter, to wit: §§12-2025, 12-2026, 12-2027, 12-2029, 12-2031, 12-2032, 12-2033, 12-2039, 12-2041, 12-2042, 12-2081 through 12-2093 to the extent applicable; nor shall the provisions of this article apply to any taxicab operated through the corporate limits of the City without picking up and discharging any passenger within the City and surrounding one-mile territory. (b) Pursuant to G.S. 160A-175(c), and in addition to all other remedies and sanctions imposed under this Code, there is hereby imposed a civil penalty in the amount of fifty dollars ($50.00) for failure to observe the standards established, and requirements and restrictions imposed, under this article. Beginning January 1, 2011, the amount of the penalty will increase from fifty dollars ($50.00) to seventy-five dollars ($75.00), and on January 1, 2012, the amount will cap at one hundred dollars ($100.00). (1) The levying of civil penalties shall be initiated by any police officer or the taxicab inspector giving written notice of the infraction committed to the taxicab owner or driver, along with a statement that a civil penalty is being imposed. The notice shall inform the owner or driver that he may appeal the civil penalty within ten (10) days to the taxicab inspector's immediate supervisor. If an appeal is made, a hearing shall be held before the taxicab inspector's immediate supervisor, who, following the hearing, shall affirm or reverse the imposition of the penalty. (2) For the second, and successive violations under the provisions of this article during a single calendar year, the civil penalty shall be double that imposed for the first violation. (3) Civil penalties shall be paid within fifteen (15) days to the office of the Revenue Collector. If not so paid, the Citymay initiate a civil action in the name of the City in the nature of debt to collect the unpaid penalties. Owner's and/or driver's permit privileges will be revoked until the entire debt is paid. (4) Any permit required to be issued and renewed under the terms of this article shall not be issued or renewed in the event civil penalties for violations remain unpaid by the applicant or by an employee of the applicant. (c) All companies with valid owner's permits shall be responsible for the compliance of their affiliated drivers. Failure of a driver to comply with this section may result in the issuance of citations to the company owners of taxicabs. (d) It shall be unlawful for any limousine or vehicle for hire to operate within the City of Raleigh without a for hire tag issued by the North Carolina Department of Motor Vehicles in accordance with N.C.G.S. 20-86 and 20-87. (e) It shall be unlawful for any limousine, vehicle for hire or shuttle to cruise, as defined by Raleigh City Code 12-2022(c). This restriction shall not apply to properly registered taxicabs. (Code 1959, §22-4; Ord. No. 1980-487, §5, 10-7-80; Ord. No. 1999-691, §1, 11-16-99; Ord. No. 2003-409, §1, 3-18-03; Ord. No. 2009-671, §§6—9, 11-3-09; Ord. No. 2022-340 , §2, 2-15-22)

The operator-owner of every taxicab and of every other motor vehicle (other than taxicabs operated under the jurisdiction of the utilities commission of the State) engaged in the business of transporting passengers for hire over the public streets of the Cityshall furnish and keep in effect for each such taxicab or such other motor vehicle, a policy or policies of insurance as required by G.S. 20-280, as amended. Such policy or policies of insurance (or a duplicate thereof, or a certificate from the agent of the insurance company issuing the policy or policies) shall be filed with the City taxicab inspector as a condition precedent to the operation of any such vehicle over the streets of the City and the policy or policies of insurance shall, among other things, set forth a description of each and every taxicab operated under the terms of such policy or policies, including the make, model, motor number and serial number of each and every such taxicab. The license of each car licensed under this section which is not covered by insurance as required in this article shall be immediately revoked. The owner's permit of the owner of a taxicab that is not covered by insurance as required by this section shall be immediately suspended by the Chief of Police or his designee so that an investigation can be conducted by the police department while an investigation is conducted by the police department. If the investigation reveals that the owner's taxicabs are not insured, then the owner's permit will be revoked as set forth in §12-2060. (Code 1959, §22-5; Ord. No. 1980-487, §6, 10-7-80; Ord. No. 1999-691, §§2, 3, 11-16-99; Ord. No. 2009-671, §10, 11-3-09) State law reference: Financial responsibility of taxicab operators, G.S. 20-280.

Every ownershall maintain on file with the taxicab inspector, his name, business address, garage address, all business telephone numbers listed in his name, and the names of all drivers, their license numbers and addresses, and shall, within forty-eight (48) hours after any change in connection therewith report such change or changes to the taxicab inspector in writing. In case more than one owner operates under the same name, the owner of the name may keep the records and make the reports required by this article in behalf of all owners operating under his name; but his failure to do so shall not relieve such other owners of responsibility for such records and reports with respect to taxicabs owned by them, it being the intention of this article to impose such responsibilities upon each owner. (Code 1959, §22-6; Ord. No. 1980-487, §7, 10-7-80)

(a) Each taxicab for which an owner's permit is issued under this chapter shall have a body of the sedan or enclosed type. (b) The body of each taxicab shall have four (4) doors, two (2) leading into the passenger's compartment, and two (2) leading into the driver's compartment, so constructed that they may be opened from the inside and the outside. Any other type of vehicle must be approved by the City Council. Each door shall be constructed with a double or safety lock. (Code 1959, §22-7; Ord. No. 1980-487, §§8, 9, 10-7-80)

In addition to equipment required of motor vehicles by the General Statutes, every taxicab for which an owner's permit is issued under this article: (a) Shall be equipped with a tell-tale light on top of the taxicab so designed that when the meter is engaged and the parking lights are on, the light goes out and when the vehicle is not engaged the light is burning. The size of the light shall be no less than ten (10) inches across, four (4) inches deep, and four (4) inches high. It is strictly prohibited for any non-metered vehicle for hire to have any form of tell-tale light anywhere on or inside the vehicle. Notwithstanding this restriction, limousines may have a tell-tale light that reads "Limo" or "Limousine." (b) Shall be equipped with a standard speedometer properly installed, maintained in good working order and exposed to view. No taxicab shall be operated in taxicab service while such speedometer is out of repair or disconnected. (c) Shall be equipped with a heater with a shutoff appliance thereon, sufficient to heat the interior of the cab adequately in cold weather and shall be equipped with an air conditioner with a shutoff appliance thereon, sufficient to cool the interior of the cab adequately in warm weather. (d) Shall be equipped with a card frame or frames for the proper display of the owner's permit and the taxicab driver's permit. No vehicle shall be operated without a vehicle decal affixed thereto and issued pursuant to this subsection unless, pursuant to this division, the vehicle is being used as an authorized passenger for hire vehicle. (e) Shall be equipped with a single-tariff taximeter of a type approved by the Council, inspected for accuracy and installed according to the requirements of the taxicab inspector unless the taxicab is to be used exclusively to provide shared taxi service; provided, no taxicab shall be operated while occupied by a person in addition to the driver with the taximeter not engaged, except when the taxicab is being used to provide shared taxi service. The taximeter shall be attached to and located within the taxicab so as to be in front of the passengers, visible to them at all times, day and night; the face of the taximeter shall be illuminated. The taximeter shall be operated mechanically by a mechanism of standard design and construction, operated either from the transmission or from one of the front wheels of the taxicab by a flexible and permanently attached driving mechanism. The taximeter shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. The taximeter on each taxicab shall be subject to inspection from time to time by the taxicab inspector. Any inspector or other officer of the Police Department is hereby authorized, either on complaint of any person or without such complaint, to inspect any taximeter, and upon discovery of any inaccuracy, to notify the owner and person operating the taxicab to cease operation on premium service; thereupon, such taxicab shall not be operated on premium service until the taximeter has been repaired and is in the required working condition, approved by the proper inspecting officer of the City. (f) Handivans shall be equipped in the same manner as taxicabs as described in items (a) through (e) above. In addition, handivans shall be inspected by a mechanic certified to inspect the handivan equipment to ensure the van is equipped with a wheelchair lift or ramp, properly installed and in good working order, designed to safely move a person confined to a wheelchair into and out of the handivan. The interior of the handivan shall be arranged and outfitted so that a wheelchair can be quickly, easily and safely secured in place without having to remove the chair's occupant. Upon semi-annual/annual inspection, written proof of mechanic's inspection is mandatory. (g) All taxicabs shall be equipped with an amber safety warning light system for driver safety. The safety warning lights shall be approved by the taxicab inspector; and used by the driver only to summon assistance in the event that he/she has reason to believe that he/she is being threatened with harm. (h) All taxicabs/vehicles for hire shall satisfy the vehicle age requirements contained in this section: (1) The taxicab inspector is satisfied with the condition of the passenger vehicle for hire; (2) No taxicab will be placed into service that is ten (10) years old or older and/or the mileage exceeds 250,000 unless the vehicle is declared a unique vehicle. Vehicles currently in service that exceed ten (10) years in age and/or 250,000 in mileage must be approved on an annual basis by the taxicab inspector. A taxicab driver/owner can appeal the taxi inspector's decision about acceptable conditions of a car older than ten (10) years and/or 250,000 in mileage; (3) If the taxicab owner/driver does not agree with the taxicab inspector's decision as to not waive the age limit and/or the mileage on their vehicle, then that owner/driver has ten (10) days from the date of the decision to file a written appeal to the taxicab inspector's immediate supervisor; (4) All taxicabs shall be clean, operable and in good repair. Trunks in all taxicabs shall be clean and empty except for one spare tire and necessary emergency equipment. (i) Door handles and locks. All doors shall operate easily, shall close securely from both the outside and inside of the vehicle, and shall be accessible to passengers. No devices that restrict the ability of a passenger from readily exiting the vehicle in an emergency are allowed. (j) No person shall equip, mark, paint, or display marking lights or windshield lights or in any way cause a motor vehicle to resemble a duly licensed taxicab or create a public impression that a motor vehicle is a duly licensed public vehicle approved by the taxicab inspector under the authority of Chapter 12 of the City of Raleigh Taxicab Ordinance. (k) North Carolina State law requires that all children who are under age eight (8) and under eighty (80) pounds ride in a properly used car seat or booster seat. Children may be moved into a seat belt when they reach age eight (8) or eighty (80) pounds, whichever comes first. If a lap/shoulder belt is not available for a child who weighs more than forty (40) pounds, a properly fitted lap belt may be used, since booster seats should not be used with lap-only belts. North Carolina State law also requires that car seats be installed in the rear seat if the child is less than five (5) years old and weighs less than forty (40) pounds, and if vehicle has a passenger side airbag and a rear seat, unless the car seat is specifically designed for use with air bags. Children through age sixteen (16) who are not required to be in car seats by weight must wear a seatbelt. No taxicab/vehicle for hire may transport any passenger(s) eight (8) years old and younger without a car seat or a booster seat per N.C. State law. (l) No person shall use a public vehicle for an unlawful or immoral purpose. When such unlawful or immoral use has occurred with the knowledge of the person owning the taxicab or when, within any period of five (5) years, two (2) such convictions have occurred involving the vehicle/vehicles covered by a given taxicab license, the taxicab inspector shall revoke the taxicab license for the vehicle involved. When such unlawful or immoral use has occurred with the knowledge of the person driving the taxicab, the taxicab inspector, upon recommendation by the inspector's immediate supervisor, after a hearing, shall revoke the taxi driver's permit of such person. (m) Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the sidewalk on the right-hand side of the roadway and there receive or discharge passengers. Drivers may discharge passengers from either side of the roadway on one-way streets. No driver shall park or stop or operate his taxicab in such a manner as to unduly obstruct traffic or to constitute a nuisance to other vehicles and pedestrians. (Code 1959, §22-8; Ord. No. 1980-487, §§10, 11, 10-7-80; Ord. No. 1990-674, §3, 11-6-90; Ord. No. 2009-671, §§11—15, 11-3-09) State law reference: Requirements for motor vehicles generally, G.S. 20-115 et seq.

Every ownershall keep a description of his equipment at all times on file with the taxicab inspector showing the make, model, passenger capacity, date of acquisition, from whom acquired, the vehicle identification number (VIN) and serial number, and the State and/or City license number of each taxicab for which he holds an owner's permit. No vehicle shall be substituted for that described in the owner's permit until it has been inspected and approved by the taxicab inspector designated by the City Manager, and the substitution or addition of such vehicle has been endorsed on the owner's permit issued under this chapter. A filing fee of one hundred fifty dollars ($150.00) shall accompany each new application for a taxicab owner's permit. This fee will cover the following: • Investigation of the applicant to ensure the applicant will meet the ordinance standards. • The fee applies to each owner permit application and not per car. • If you own a car under an existing franchise, then the fee applies to each owner application submitted regardless of whether you own one car or multiple cars under that franchised taxicab business. (Code 1959, §22-9; Ord. No. 2009-671, §§16—18, 11-3-09)

(a) Subject to the approval of the taxicab inspector, each owner of a taxicab business shall adopt a color scheme for painting his cabs distinct from that of any other owner, and may adopt an identifying design, monogram or other insignia. All taxicabs of each ownershall be the same color scheme. The owner of a cab may adopt the color scheme of another cab owner, if (1) both owners' cabs are operating under the same business name and (2) both owners agree to the adoption of the color scheme, and that the owners must present a written agreement to the Police Chief or his designee specifying who owns the company name and colors, that permission is being given to use the name and colors, and that the permission to use the name and colors may be revoked upon written notice to the borrowing owner and the Police Chief or his designee. A name identifying the owner (i.e., taxicab company), taxicab number, and telephone number(s) shall be painted with permanent paint on both sides and rear of each cab with letters and numbers at least four (4) inches high or greater on sides, and with a cab number at rear of at least four (4) inches high at a location to be designated by the taxicab inspector. If a taxicab is used for providing both premium taxi service and shared taxi service, separate telephone numbers for the two (2) services shall be painted on it, and the telephone number associated with the shared taxi service shall be identified by the label "shared taxi." (b) Colors of paint to be used for lettering and number shall be of sharp contrast with color of surface paint to which this is applied, so as to be evenly visible at a reasonable distance, especially at nighttime with streetlights. No lettering or numbers shall be acceptable which have been painted upon a sheet of metal or other material which in turn can be removed or detached to conceal the identification of such cab company and cab number, provided that an owner who operates under the name of another ownermay use the same color scheme as such other owner. (c) No vehicle covered by the terms of this chapter shall be licensed nor shall a permit be issued for any vehicle whose color scheme, identifying design, monogram or insignia to be used thereon shall conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under a permit issued pursuant to this article, in such a manner as to be misleading or tending to deceive the public; provided, after a license or permit has been issued for a taxicab hereunder, if the color scheme, identifying design, monogram or insignia thereof is changed so as to be in conflict with or imitate any existing approved color scheme, identifying design, monogram or insignia used by any other owner in such a manner as to be misleading or tending to deceive the public, the license of or permit covering such taxicab or taxicabs shall be suspended or revoked. (d) It is a violation of this article for any owner to engage in false or misleading marketing or advertising included but not limited to the use of the name or color scheme of a competing taxi company licensed under the provisions of this article. (e) In lieu of paint, any material required by this section to be painted on a taxicab may be placed on the cab through the use of an adhesive decal containing the required information and name. This authorization does not include or permit the use of magnetic signs or devices to convey the required information. (Code 1959, §22-10; Ord. No. 1980-487, §12, 10-7-80; Ord. No. 1988-220, §1, 7-19-88; Ord. No. 1999-691, §§4, 5, 11-16-99; Ord. No. 2003-390, §2, 2-18-03)

Every vehicle operating under this chapter shall be periodically inspected by the taxicab inspector at such intervals as shall be established by the taxicab inspector to insure the taxicab is mechanically and structurally in good repair and working order and is safe to operate under the streets of the City. Annual/semi-annual inspection of taxicabs will be at the discretion of the taxicab inspector. Beginning on January 1, 2011, an inspection fee of fifteen dollars ($15.00) per vehicle shall accompany each semi-annual and/or annual inspection, and on January 1, 2012, the cost will cap at twenty-five dollars ($25.00). Also, beginning on January 1, 2011, an inspection fee of fifteen dollars ($15.00) shall accompany each inspection performed outside of the semi-annual and/or annual inspection for additional vehicles added to a fleet or for replacement of an existing vehicle, and on January 1, 2012, the cost will cap at twenty-five dollars ($25.00). A penalty fee of one hundred fifty dollars ($150.00) shall accompany any vehicle that fails to come for the semi-annual and/or annual inspection without prior approval from the taxicab inspector. (Code 1959, §22-11; Ord. No. 1980-487, §12, 10-7-80; Ord. No. 2009-671, §19, 11-3-09)

When an ownershall find any taxicab to be in unsafe or improper condition for operation, he shall have such repairs and alterations made as may be required and shall not operate, or cause or permit to be operated, any such taxicab until all such repairs and alterations have been completed. Every ownershall institute a system of regular monthly inspection of taxicabs and equipment owned and operated by such owner. A record of these inspections shall be kept by each owner and shall be available to the taxicab inspector upon request. The [taxicab] inspector shall reserve the right, at any time, after displaying proper identification, to enter into or upon any licensed taxicab/vehicle for hire for the purpose of ascertaining whether or not any of the provisions of this article are being violated. It shall be unlawful for any person who owns or is in control of a taxicab to refuse, upon the [taxicab] inspector's request, to present the taxicab or any issued permits to the inspector for the purpose of inspection or the removal of any issued permits. (Code 1959, §22-12; Ord. No. 1980-487, §14, 10-7-80; Ord. No. 2009-671, §20, 11-3-09)

Every owner of a taxicab or taxicabs shall clean the exterior as needed and shall clean the interior of such taxicab at least once in every twenty-four (24) hours, and shall disinfect the interior when required by the taxicab inspector. (Code 1959, §22-13)

(a) Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip, the number of passengers and amount of fare, and, in the case of trips taken by persons who are eligible to use ART scrip, record in addition, the ART identification number of the user, the exact fare registered on the taximeter and the amount of scrip used to pay for the trip. All such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for such records shall be furnished to the driver by the owner and shall be of a character approved by the City Manager. (b) Every ownershall retain and preserve all drivers' manifests in a safe place for at least one hundred eighty (180) days and the same shall be made available upon demand for inspection by the Police Department and taxicab inspector, and as requested by the taxicab inspector, information on the driver's manifests shall be tabulated and forwarded to him. (Code 1959, §22-14; Ord. No. 1989-383, §7, 6-6-89)

Whenever any taxicab providing premium taxi service is occupied by a passenger or passengers, the driver shall not permit any other person to occupy or ride in such taxicab if the original passenger or passengers object thereto. If a child under fourteen (14) years of age is the original passenger, no other passenger shall be permitted in such taxicab without the consent of the parent or guardian. (Code 1959, §22-15; Ord. No. 1980-487, §15, 10-7-80)

No driver shall permit more persons to be carried in a taxicab at any one time than the seating capacity of such taxicab (as rated by the automobile manufacturer), including the driver, children in arms excepted. (Code 1959, §22-16)

No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged in the provision of premium taxi service or forbidden by the provisions of this chapter to do so.

No driver shall deceive or attempt to deceive any passenger who may ride in his taxicab, or who may desire to ride in such taxicab as to his destination or the rate of fare to be charged, or shall convey any passenger, or cause him to be conveyed, to a place other than directed by him. In no event shall any operator providing premium service take a longer route to the destination than necessary, unless so requested by the passenger. (Code 1959, §22-19)

All drivers shall comply with all reasonable and lawful requests of the passenger or passengers as to the speed of travel, and, when providing premium service, the route to be taken. All companies holding valid owner's and/or driver's permits shall provide prompt, efficient service and shall be courteous at all times to the general public, to the taxicab inspectors, to other taxicabs, to other taxicab owners, and to any officer of the Raleigh Police Department. (Code 1959, §22-20; Ord. No. 2009-671, §21, 11-3-09)

The use of tobacco in taxicabs is controlled by the public transportation provisions of §13-3016 of this Code. (Code 1959, §22-21; Ord. No. 1980-487, §16, 10-7-80; Ord. No. 1999-691, §6, 11-16-99)

Every driver of a taxicab shall thoroughly search the interior of such taxicab at the termination of each trip for any article of value which may be left in such taxicab by a passenger. An article found therein shall be immediately returned to the passenger owning it, if he be known; otherwise, it shall be deposited with the owner of the cab (the holder of the owner's permit) at the conclusion of the driver's tour of duty. A written report in duplicate of the finding and deposit of such articles shall be made by the owner (holder of owner's permit) within twenty-four (24) hours to the Police Department. (Code 1959, §22-22)

No driver of any taxicab shall at any time solicit passengers by any word, sign, signal (audible or otherwise) or gesture or use any word, sign, signal (audible or otherwise) or gesture to solicit patronage, annoy any person, obstruct the movement of any person or traffic or follow any person, except that within a taxicab zone, a driver of any taxicab located inside his vehicle or outside, but within five (5) feet of the taxicab, may solicit passengers by word, sign, or gesture. Except as provided in this subsection, a driver of any taxicab may not solicit or have any other person solicit passengers on the driver's behalf. Nothing in this subsection shall prohibit a driver of any taxicab from alighting to the street or sidewalk for the purpose of assisting passengers into or out of his taxicab. In no case shall one driver of a taxicab interfere between another driver and his passenger. No driver of any taxicab shall lay hold upon or take possession of any trunk, baggage or any other article belonging to any traveler or person without the consent of the owner of such trunk, baggage or other article. Drivers of any taxicab shall not permit such cars to be used as sleeping quarters or lounging places, for the unnecessary gathering of persons other than passengers. (Code 1959, §22-23; Ord. No. 1980-487, §17, 10-7-80; Ord. No. 2009-671, §22, 11-3-09)

No owner or driver of any taxicab, subject to the provisions of this article, shall charge for the use of a taxicab within the City or within a radius of one mile beyond the corporate limits thereof in all directions, an amount greater than in accordance with the following rates: (a) Effective from and after November 7, 2006, premium taxi service: (1) Mileage rates. One dollar and ninety-five cents ($1.95) for the first one-tenth mile or fraction thereof, and twenty-five cents ($0.25) for each additional one-tenth of a mile or fraction thereof. (2) Waiting time. Twenty-five cents ($0.25) for each one minute of waiting time or fraction thereof. (b) Effective from and after April 15, 1995, handivan service: a surcharge of seven dollars and fifty cents ($7.50) per one-way trip added to the premium taxi rate. (c) Upon application of the taxicab rider to the taxicab driver, the following charges per trip shall apply: (1) Foot lockers. Fifty cents ($0.50) each. (2) Trunks. One dollar ($1.00) for each trunk, except where two (2) persons are required to handle, the charge shall be one dollar and fifty cents ($1.50) for each trunk. (3) Hand baggage. Ten cents ($0.10) for each handling in excess of one handbag per person. (4) Groceries in bags. Ten cents ($0.10) for each bag in excess of one bag per person. (5) Groceries in cartons, boxes or crates. Ten cents ($0.10) for each container. (6) Bulky items. Fifty cents ($0.50) for each article, container of commodity (such as, but not limited to, bags, cartons, boxes or crates of groceries, coal, feed, fertilizer, rolls of roofing paper, etc.) weighing more than fifty (50) pounds. (d) Upon being issued a public certificate of conveyance [convenience] and necessity or a driver's permit, each owner and driver shall file with the taxi inspector a written schedule of the rates they charge. No rate shall be charged which is different than on file with the taxi inspector. (Code 1959, §22-24; Ord. No. 1966-611, §1, 9-6-77; Ord. No. 1978-799, §2, 5-16-78; Ord. No. 1978-181, 8-21-79; Ord. No. 1983-111, §§1—3, 5-3-83; Ord. No. 1990-541, §§1—5, 5-1-90; Ord. No. 1990-674, §4, 11-6-90; Ord. No. 1995-568, §1, 3-7-95; Ord. No. 2000-737, §1, 2-15-00; Ord. No. 2006-99, §1, 9-19-06; Ord. No. 2006-121, §1, 11-7-06)

Any person who engages, uses, employs or hires any truck, automobile, taxicab, ambulance or other vehicle and who fails or refuses to pay for same, with intent to cheat and defraud the owner and/or agent of the owner of the rental price, charge, fee or fare, therefor, shall be guilty of a misdemeanor. (Code 1959, §22-24.1)

When requested by a passenger, every driver shall give a legible receipt showing the driver's name, taxicab number and any items for which a charge has been made, the total amount paid, and the date of such payment. Providing credit card acceptance will be at the taxicab company owner's discretion. (Code 1959, §22-25; Ord. No. 1980-487, §18, 10-7-80; Ord. No. 2009-671, §23, 11-3-09)

For every taxicab for which an owner's permit shall be granted, the taxicab inspector shall issue a rate card stating on it the elements of the schedule of fares pertaining to premium taxi service described in this article. In addition, for every taxicab owned by a person holding a certificate of convenience and necessity to provide shared taxi service, the taxicab inspector shall issue a rate card stating on it the elements of the schedule of fares pertaining to shared taxi service described in this article, including a map depicting the zones described in §12-2043(2)e. Such rate cards shall at all times be displayed so that they will be clearly visible to the passenger or passengers using the taxicab. The print used on the rate card shall be of such size as may be determined by the taxicab inspector. No charge may be made by a taxicab driver in excess of the charge permitted by the relevant rate card displayed and, in the case of premium service, by the taximeter operating to reflect correct charges in conformity therewith. (Code 1959, §22-26; Ord. No. 1978-799, §3, 5-16-78; Ord. No. 1980-487, §19, 10-7-80)

The hours of the taxi inspector shall be set by special memorandum from the Chief of Police. (Ord. No. 1980-487, §20, 10-7-80) Secs. 12-2048—12-2050. RESERVED.

No person shall, within the corporate limits of the City or within a radius of one mile beyond the corporate limits in all directions, engage in the business of operating one or more taxicabs or to permit to be driven any taxicab of which such person is the owner, unless an owner's permit shall have been issued and shall be in effect. (Code 1959, §22-27)

(a) No owner's permit or driver's permit shall be issued to any person until and unless such personshall have made and filed with the taxicab inspector an application therefor, sworn to before a notary public or other officer authorized to administer oaths, on application forms provided by the City. The sworn application for such permit or renewal thereof shall contain the following information: (1) The name and address of the applicant (owner or driver), and if the applicant (owner or driver) be a corporation, a certified copy of the articles of incorporation. (2) The number of vehicles actually owned and the number of vehicles actually operated by such owner on the date of such application, if any; (3) The number of vehicles to be operated under the owner's permit applied for; (4) The net worth of the applicant (owner) over and above all debts, judgments, claims and demands whatsoever; (5) Whether there are any unpaid or unbonded judgments of record against such owner, and if so, the title of all actions and the amount of all judgments unpaid or unbonded, and reference to the judgment docket and page where the judgment is recorded; (6) The make, type, year of manufacture, serial number, engine number and passenger capacity of each taxicab to be operated under the owner's permit applied for; (7) Whether there are any liens, mortgages, or other encumbrances on such taxicabs, and, if so, the amount and character thereof; (8) The experience of the applicant in the transportation of passengers for hire; (9) A consent to use the applicant's name, race, sex, date of birth, social security number, and fingerprints for the purposes of conducting a State criminal history records check through the North Carolina Department of Justice and a national criminal history records check through the Federal Bureau of Investigation. (10) The Chief of Police, or his designee, shall submit the applicant's fingerprints and identifying information to the North Carolina Department of Justice for a State criminal records check and to the Federal Bureau of Investigation for a thorough national criminal records check. (11) Criminal History Records Information obtained by the North Carolina Department of Justice or the Federal Bureau of Investigation shall be privileged information and shall be kept confidential and not disseminated outside the Raleigh Police Department. This information shall not be public record information as defined by Chapter 132 of the North Carolina General Statues; (12) Authority to conduct Criminal History Records Check is referenced with North Carolina General Statute 160A-304. (13) Prior to the denial or termination of an owner's permit based upon Criminal History Records Information the Raleigh Police Department shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the North Carolina Department of Justice for verification that the Criminal History Records Information belongs to the individual. (14) Any of the following information obtained from Criminal History Records shall be deemed sufficient for refusing to issue a permit or for revoking a permit already issued: (i) Conviction of a felony against this State, or a conviction of any offense against another State or the United States which would have been a felony if committed in this State; (ii) Violation of any federal or State law relating to the use, possession, or sale of alcoholic beverages, or narcotics or barbiturate drugs; (iii) Addiction to or habitual use of alcoholic beverages or narcotics or barbiturate drugs; (iv) Violation of any federal or State law relating to prostitution; (v) Habitual violation of traffic laws or ordinances. "Habitual violation" shall mean a determination of guilt within the three-year period immediately prior to application for a permit or initiation of action to revoke a permit on more than three (3) infractions of traffic law or more than two (2) general misdemeanors in violation of traffic laws. (b) The applicant shall from time to time furnish to the Council such other information as the Council, in its discretion, may require. (Code 1959, §22-28; Ord. No. 1988-220, §2, 7-19-88; Ord. No. 2009-671, §§24—26, 11-3-09; Ord. No. 2009-672, §1, 11-3-09)

(a) After giving due consideration to the information set forth on the application, the taxicab inspector shall authorize the issuance of a permit to the applicant unless the inspector shall find and determine: (1) That the applicant has not complied with all of the provisions of this chapter; or (2) That the criminal record of the applicant (or of the officers, directors, or supervising employees of a corporate applicant), if any, is such that it would be against the public interest and welfare for such application to be granted; or (3) That applicant has made a false or misleading statement in his application. (b) The taxicab inspector may refuse to issue an owner's permit to any person who has been convicted of a felony, or of a violation of any Federal or state statute relating to the use, possession or sale of intoxicating liquors, or of any Federal or state statute relating to prostitution, or of any Federal or state statute relating to the use, possession or sale of any habit-forming drugs; or to any person who is an habitual user of intoxicating liquors or narcotic drugs; or to a person who has been an habitual violator of traffic laws or ordinances. (Code 1959, §22-29; Ord. No. 1988-220, §§3, 4, 7-19-88)

The owner's permit shall contain the name and address of the owner to whom it is granted, the number, kind and description of the vehicles the operation of which is authorized by such owner's permit, and a statement that the permit is issued subject to full compliance with the provisions of the taxicab control ordinance of the City and all other ordinances and laws governing the operation of taxicabs in the City, and subject to revocation as provided by the taxicab control ordinance. Each owner's permit shall bear the signature or facsimile signature of the City Clerk and the official seal of the City. (Code 1959, §22-30)

Subject to the provisions of this chapter an owner's permit shall remain in force and effect until midnight on December 31 following the date of issue. Application for renewal of an owner's permit shall be filed with the taxicab inspector, on or before the October 1 next following the date of the issuance of the permit and annually thereafter on or before October 1. (Code 1959, §22-31; Ord. No. 1988-220, §5, 7-19-88)

No owner's permit shall be issued or renewed, and no ownershall operate taxicabs required to be licensed under this chapter, unless the requirements of this section are met: (a) Every ownershall provide service at least eighteen (18) hours each day, shall provide dispatching by two-way radio in each taxicab, and shall be listed under the firm name in the current or first subsequent publication of the Raleigh telephone directory following adoption of this section. (b) Any taxicab company which has less than six (6) taxicabs in operation is exempt from the requirements of this section. Upon an increase in an owner's fleet which results in six (6) or more taxicabs being in operation the vehicles which caused the increase shall be subject to the provisions of this section. So long as the fleet consists of six (6) or more vehicles, any vehicles added or replaced shall be subject to the provisions of this section. (Code 1959, §22-3.1; Ord. No. 1977-429, 1-18-77; Ord. No. 1978-53, 4-3-79)

No owner's permit granted and issued under this chapter shall be assigned or transferred. In the event any taxicab operated pursuant to an owner's permit issued under this chapter shall become damaged or worn out or for other reason is rendered unfit for use, and its use for taxicab purposes discontinued by the holder of the owner's license pursuant to which such taxicab was operated, and such licensee desires to operate another vehicle in its place, then such licensee shall file an affidavit with the taxicab inspector setting forth the fact that such vehicle has been discontinued in use and that such other vehicle has replaced it. Such affidavit shall also contain the make, model, serial number and body style of the vehicle that is being replaced and the same information for the replacement vehicle. (Code 1959, §22-32; Ord. No. 1980-487, §21, 10-7-80)

For each taxicab for which an owner's permit has been granted, a memorandum owner's permit shall be issued in such form as the taxicab inspector may from time to time prescribe, such memorandum permit to be displayed at all times in a conspicuous place, in the taxicab for which issued, as provided in this chapter. (Code 1959, §22-33)

Change of ownership of, or title to any taxicab shall automatically revoke any owner's permit previously granted to the extent applicable to the operation of such taxicab or taxicabs. The purchaser of any such taxicab shall not operate such vehicle as a taxicab unless and until he has applied for, and has been granted, an owner's permit in the manner provided by this chapter. For the purposes of this chapter a change of ownership is deemed to have taken place, if, in addition to other methods usually employed, the owner of any taxicab leases the same to any person under any lease or other arrangement whereby such personshall have the right upon the payment of an amount of money or other consideration of any other thing of value to acquire title at any future date to such taxicab. (Code 1959, §22-34)

(a) An owner's permit may be suspended or revoked by the Council at any time in case the Council finds and determines: (1) That the past record of the holder of the owner's permit is unsatisfactory and that it is detrimental to and not in the public interest to permit the continued operation of a taxicab business by such person; or (2) That the owner has failed to operate the taxicab or taxicabs in accordance with the provisions of this chapter; or (3) That the taxicab or taxicabs of the owner have been operated at a rate of fare other than that provided by this chapter; or (4) That the holder of a permit has failed to register properly with the State, in the correct and true owner's name, any taxicab covered by the owner's permit; or (5) That the holder of an owner's permit has been convicted of a felony; or violation of any Federal or state statute or City ordinance relating to the possession or sale of intoxicating liquors; or violation of any Federal or state statute or City ordinance relating to prostitution; or any Federal or state statute or City ordinance relating to the use, possession or sale of narcotic drugs; or repeated violations of traffic laws or ordinances; or becomes a habitual user of intoxicating liquors or narcotic drugs; or (6) That the holder of any owner's permit has made a false or misleading statement on his application. (b) An owner's permitmay be temporarily suspended or revoked by the Police Chief or his designee when it is found that there has been a violation of subsection (a). Notice of suspension or revocation will be communicated in writing to the owner through registered mail. The notice shall state that the ownermay have a hearing before the Chief of Police within ten (10) days upon the written request of the owner. The owner will have the right to appeal to the City Manager in writing within ten (10) days of the decision of the Police Chief. The ownermay file a written appeal to the City Council within ten (10) days of the issuance of the City Manager's decision. It shall be unlawful for an owner to operate a taxicab business regulated by this article during the pendency of an appeal taken pursuant to this section. (Code 1959, §22-35; Ord. No. 1999-691, §7, 11-16-99; Ord. No. 2009-671, §27, 11-3-09)

Owner's permits which shall have been suspended or revoked by the Council shall, forthwith, be surrendered to the taxicab inspector together with the corresponding memorandum permits, and the operation of any taxicabs covered by such permits shall cease. Any owner who shall permanently retire any taxicabs from taxicab service and not replace same within thirty (30) days thereof shall immediately surrender any permits granted for the operation of such taxicabs to the taxicab inspector. (Code 1959, §22-36)

Any taxicab company that operates six (6) or more taxicabs must accept scrip of a type approved by the City in payment for premium taxi service. Scrip shall be sold to eligible ART users in appropriate denominations. The charge in scrip for a trip taken by an ART user shall be an amount no greater than that indicated in the rate schedule rounded to the nearest multiple of twenty-five cents ($0.25). Any taxicab company which has less than six (6) taxicabs in operation is exempt from this division. (Ord. No. 1989-383, §3, 6-6-89)

No scrip shall be accepted in payment for taxi service until the passengers first identify themselves as an eligible ART user by showing the driver an official ART identification card. The taxicab driver is required to ensure that the individual paying scrip for taxi service is the same as the individual whose photograph is displayed on the official ART identification card. If the passenger does not have an identification card or if the passenger's picture does not match, then scrip shall not be accepted and the passenger must pay fare in cash. (Ord. No. 1989-383, §4, 6-6-89)

The City of Raleigh Department of Transportation will redeem scrip for its full face value. taxicab companies may turn in scrip to the City once each month at a location and on a time schedule determined by the City's transportation director. A receipt will be issued for the scrip that is turned in, and within ten (10) working days a check for that amount will be issued to the taxicab company. (Ord. No. 1989-383, §5, 6-6-89)

Any violation of the Accessible Raleigh Transportation Program regulations shall constitute a misdemeanor. It shall specifically be a violation for anyone purchasing scrip to resell the scrip to a third party or to use the scrip for any purpose other than the provision of transportation services. It shall also be a violation for any taxicab driver to take scrip from anyone other than the authorized purchaser of the scrip. (Ord. No. 1989-383, §6, 6-6-89)

(a) No personshall drive a taxicab within the corporate limits of the City or within a radius of one mile beyond the corporate limits in all directions unless he shall have first been issued, by the taxicab inspector, a taxicab driver's permit which is then in force and effect. An identification card shall be issued as evidence of the permit. The card shall be approximately four (4) inches by five (5) inches in size and shall contain the name and photograph of the permit holder and the permit number. It shall also bear the name of the taxicab inspector and the following words in bold type or print: "PASSENGERS—FOR YOUR PROTECTION, KEEP A RECORD OF YOUR DRIVER'S NAME AND NUMBER." (b) Each driver, while on duty, shall display his permit card in a frame in the taxicab he is driving in such a manner as to be in full view of all passengers at all times. The driver shall retain custody of it and present it, on demand, for inspection by any passenger or law enforcement officer. (Code 1959, §22-43; Ord. No. 1978-799, §8, 5-16-78)

(a) A personmay obtain a driver's permit upon meeting the qualifications required herein and by filing, in writing, with the taxicab inspector, an application, signed and sworn to by the applicant, which shall contain the following specific information: (1) The full name, age, date of birth, place of birth and address of the applicant. (2) The length of time of the applicant's residence in the City and in the State and whether or not he is a citizen of the United States. Citizens of the United States shall provide a social security card and non-citizens shall provide a current alien registration card. (3) The applicant's full personal description; including his height, weight, sex, race, color of eyes, color of hair, complexion, body and facial marks and defects, if any. (4) The applicant's physical condition including hearing and eyesight and the extent of his present and past due to intoxicating liquors, alcoholic beverages and narcotic and barbiturate drugs. The applicant will produce valid evidence that he has successfully passed a drug test prior to employment or affiliation with a taxicab/vehicle for hire company. If the applicant has failed the drug test, he is not eligible to apply for a taxicab/vehicle for hire driver's permit, for a one-year period following the drug test. (5) The applicant's previous places of employment for the five (5) years immediately preceding the date of his application for a driver's permit and his previous experience in driving taxicabs and other vehicles for hire carrying passengers. (6) The applicant's complete record of criminal citations (including those for traffic violations), arrests and convictions. a. Have no more than seven (7) accrued points for motor vehicle violations pursuant to §12-2091; six (6) during the previous three (3) years or any comparable provision of the law of another state. The taxicab inspector will review the driving records of all applicants who have eight (8) or more points on their current driving records. The issuance of a taxicab driving permit will be at the taxicab inspector's discretion based on the totality of the driving record. b. No application for a driver's permit shall be accepted from an applicant who has criminal charges pending against him at the time of application. For purposes of this subsection, pending criminal charges shall not include traffic infractions. (7) The number and date of issuance of the applicant's state driver's license. (8) The number and date of issuance of the applicant's required state license. (9) Such other information as the taxicab inspector or City Councilmay require. (b) Every application for a driver's permit shall be accompanied by the following attachments: (1) Full fingerprints of the applicant. (2) Four (4) front view photographs of the applicant of such sizes as specified by the Chief of Police or his designee. (3) A certificate of a physician in the City stating that the applicant is not afflicted with any disease, physical disability, hearing deficit, vision deficit, or any other physical affliction which would materially impair his ability to drive a taxicab in a safe manner and in a manner that will not endanger the health of the public. (4) A current health certificate issued by the Board of Health. (5) The sum of fifty dollars ($50.00) and an additional amount to be determined by the Chief of Police or his designee to cover the cost of the fingerprint check. Both fees are non-refundable. (6) On forms provided by the taxicab inspector: a. A testimonial from his last employer; b. A letter of introduction from his prospective employer; and c. Affidavits of his good character from two (2) reputable citizens of the City who have known him personally and have observed his conduct for one year next preceding the date of his application. (7) Each operating permit holder must require its taxicab drivers to enroll in and successfully complete within ten (10) days from the date of the issuance of the driver's permit a training course conducted by the taxicab inspector or his/her designee. All current drivers of taxicabs must be in compliance with this section within two (2) years of the effective date of this article. (c) It shall be unlawful for any applicant knowingly to make a false statement or knowingly to give false information on his application for a driver's permit. Any material false statement or false information made or given by an applicant in applying for a driver's permit shall invalidate the permit issue to such applicant. (Code 1959, §22-44; Ord. No. 1988-220, §7, 7-19-88; Ord. No. 1999-691, §§8—11, 11-16-99; Ord. No. 2002-332, § 1, 11-19-02; Ord. No. 2003-390, §3, 2-18-03; Ord. No. 2009-671, §§28—31, 11-3-09)

After the taxicab inspector has become satisfied as to the qualifications of the applicant, as indicated on the fully completed application, and after an interview of the applicant, the taxicab inspector, in his discretion, after checking locally available information contained in the application, may issue a probationary driver's permit to the applicant, not to exceed sixty (60) days in duration, pending his receipt of an FBI report on the applicant. The taxicab inspector does reserve the authority to lengthen the probationary period if the driver's investigative results received gives the inspector cause for concern. (Code 1959, §22-45; Ord. No. 2009-671, §32, 11-3-09)

(a) Each applicant for a new or renewed taxicab driver's permit may be examined orally, in writing, or both, by the taxicab inspector as to his knowledge of the provisions of this division, the traffic regulations of the State and the City, and the geography of the City. (b) It shall be the duty of the taxicab inspector to cause a thorough investigation to be made of each applicant for a new or renewed taxicab driver's permit to determine: (1) Whether or not the information stated in the original application is true. (2) Whether or not the applicant is a person meeting the qualifications required herein. (3) Whether, as to the particular applicant, there is any basis for refusing to grant or renew a taxicab driver's permit as prescribed herein. (c) The applicant is required to provide his/her fingerprints which will be submitted to State and national criminal history checks of his/her criminal record. City/County Bureau of Identification (CCBI) shall forward the applicant's fingerprints to the State Bureau of Investigation (SBI) for a search of the State's criminal history records file and the SBI shall forward a set of the fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history records check in accordance with G.S. 160A-304. This information shall be kept privileged and private and shall not be a public record under G.S. Chapter 132. The receipt by the taxicab inspector of the criminal history records check shall be used solely to determine eligibility for a permit. (Code 1959, §22-46; Ord. No. 2001-44, §1, 7-17-01; Ord. No. 2009-671, §33, 11-3-09)

The taxicab inspector shall not issue or renew a permit before appeal unless the applicant for a driver's permit shall meet the following requirements: The applicant must: (a) Be qualified for and in possession of a valid chauffeur's license issued to him by the State of North Carolina. Such license must have been issued unconditionally. A conditional license will not be deemed sufficient to comply with the provisions of this subsection. (b) Be of good health, with good eyesight and hearing, and not have any illness or disease which would materially impair his ability to drive a taxicab. (c) Any applicant who has ever been treated for any mental disorder, heart attack, epilepsy or diabetes shall have a written opinion from a physician or psychiatrist stating that the applicant is physically capable to operate a taxicab. (d) Be able to read, write and speak English, except renewals. (e) Every driver shall wear shoes and clean clothing. Short shorts, mini-skirts, or short dresses are not permitted. Also not permitted are undershirts, T-shirts, tank top shirts, or any lewd, vulgar, or inappropriate clothing. A flip-flop style sandal shoe is not permitted. (f) Not be addicted to intoxicant, alcohol or narcotic barbituric or other habit-forming drugs. (Code 1959, §22-47; Ord. No. 1999-691, §12, 11-16-99; Ord. No. 2009-671, §§34, 35, 11-3-09)

The taxicab inspector shall, before appeal, refuse to grant or renew the taxicab driver's permit for any person: (a) Whose state driver's license has been revoked or suspended; provided, however, in case of a state license revocation or suspension a taxicab driver's permit may be granted or renewed at the end of the revocation or suspension period. (b) Who has accumulated over eight (8) points against his driving record (pending the discretion of the taxicab inspector's review of the totality of the applicant's driving record). (c) Who, within a period of five (5) years immediately prior to the date of his application, has been convicted of a felony; unless the conviction is for a felony drug offense in which case application may not be made for a period of ten (10) years.Persons convicted of the felonies of homicide, manslaughter, death by motor vehicle, hit and run, assault, sexual assault, robbery, blackmail, extortion, kidnapping and arson are not eligible to receive permits pursuant to this article. (d) Who, within a period of five (5) years immediately prior to the date of his application, has been convicted of any crime involving the driving of an automobile resulting in death to any person. (e) Who, within a period of five (5) years immediately prior to the date of his application, has been convicted of driving a motor vehicle while intoxicated. (f) Who, within a period of five (5) years immediately prior to the date of this application, has been convicted of a violation of any City, County, state or Federal law relating to the use, possession or sale of intoxicating liquors, alcoholic beverages, beer or wine, narcotic or barbituric or other habit-forming drugs. (g) Who, within a period of five (5) years immediately prior to the date of his application, shall have been convicted of a violation of any City, County, state or Federal law relating to prostitution or lotteries. (h) Who, within a period of five (5) years immediately prior to the date of his application, has been a habitual user of intoxicating liquors, alcoholic beverages, narcotic, barbituric or other habit-forming drugs. (i) Who is a person of such bad character or reputation that it would be clearly contrary to the public interest, safety and welfare to permit such applicant to drive a taxicab. (Code 1959, §22-48; Ord. No. 1999-691, §13, 11-16-99; Ord. No. 2009-671, §§36—38, 11-3-09)

(a) In case of refusal by the taxicab inspector to grant a permit under this section, the applicant shall have the right to appeal, in writing, within ten (10) days of each successive administrative refusal, to the Chief of Police and then to the City Manager. (b) Within ten (10) days after the refusal of the City Manager, he may appeal, in writing, to and be heard by the Council. (c) Each written notice of appeal shall be filed with the City Clerk. (d) The scope of the administration's and the Council's review shall be limited to that of fact finding only. (e) The Council's decision on the question of granting or refusing such permit shall be final and conclusive. (f) The Councilmay attach conditions to any appeal it sustains. (g) After refusal by the administration or Council, the applicant shall make no new application within twenty-four (24) months from the date he submitted the original application. (h) During the pendency of any appeal from a decision of the taxicab inspector, Chief of Police or City Manager refusing to issue a driver's permit or revoking a driver's permit, it shall be unlawful for such applicant to drive a taxicab within the City or within one mile of the corporate limits thereof. (Code 1959, §22-49; Ord. No. 2009-671, §39, 11-3-09)

(a) After full consideration of the application and investigation of the applicant, and upon determination that the applicant has satisfactorily complied with the conditions and requirements of this division and that the applicant is entitled to a driver's permit in the light of the provisions of this division, the taxicab inspector shall issue the applicant a driver's permit pursuant to this division in such form as he shall prescribe. (b) The issuance of a driver's permit shall be dependent upon a determination by the taxicab inspector, after a careful check of the applicant's conduct during the probationary period of the applicant, that such conduct warrants the approval of a driver's permit. (Code 1959, §22-50)

(a) The driver's permit shall specify the certificate holder for whom such driver may operate a cab. The driver holding such permit shall not drive for any other certificate holder without securing a new permit from the inspector designating the new certificate holder. (b) The driver's permit shall bear a recent photograph of the driver to whom it issued and shall show the name, address, height, weight, age and expiration date of the permit. (c) Upon the issuance of a driver's permit, the permittee may drive a taxicab under its authorization for the period of time stated therein, subject to its revocation as provided in this division. (Code 1959, §22-51; Ord. No. 2009-671, §40, 11-3-09)

The taxicab inspector shall have the authority to issue a taxicab safety permit on forms prescribed by him for periods of time not to exceed ten (10) days. The holder of such a permit shall be authorized to occupy the front seat of a taxicab while in operation, and shall observe all rules and regulations of this article while on duty. (Code 1959, §22-52)

(a) At any time after the issuance of a permit, that Police Chief or his designee, before appeal, shall revoke the permit: (1) If he finds that the person holding the permit has made a material false statement in the application for the permit or attachments to it; (2) If he finds that the person holding the permit is not qualified for or has not been issued a state driver's license; (3) If he finds that the person holding the permit is physically or mentally incapable of operating a taxicab in a safe manner; (4) If he finds that the permit holder, while driving a taxicab is not clean in dress and person; (5) If he finds the driver has become addicted to alcohol or drugs; (6) If he finds that the State driver's license of the permit holder has been revoked; (7) If he finds that the permit holder has accumulated enough points for the taxicab inspector to review the totality of the driver's driving record (eight (8) or more points). a. The occurrence of three (3) successive violations of any section of this ordinance within a twelve (12) month period pertaining to the operation of a taxicab will result in suspension or revocation of the driver's permit for the duration of one (1) year. (8) If he finds that the person holding the permit has been convicted of or has entered a plea of guilty of nolo contendere to: a. A felony; b. A crime involving the driving of an automobile resulting in death; c. Driving a motor vehicle while intoxicated; d. A violation of any Federal or state statute relating to the use, possession, sale of intoxicating liquors, alcoholic beverages, beer or wine, narcotic, barbituric or other habit-forming drugs; e. A violation of any state or Federal statute relating to prostitution or lotteries; f. Any crime which is so offensive to the public safety or morals and/or so recent as to justify a finding that the applicant does not possess a good moral character. (9) If found after investigation and review that the permit holder has given reason to believe he/she has engaged in conduct that is detrimental to the health and safety of another person that renders the holder unfit to operate a taxicab in the City of Raleigh. (10) If found after investigation and review that the permit holder knowingly transported a passenger for the purpose of committing a crime. (b) No revocation shall become permanently effective until the person whose permit is being revoked is given reasonable notice and an opportunity to appeal, successively, to the Chief of Police, the City Manager, and to the Council, as provided in §12-2087 herein. The City Manager may affirm the action of the Chief of Police in revoking a permit; or, may make the revocation effective for a fixed period of time not to be less than thirty (30) days; or, may suspend a revocation upon condition that the revocation shall become effective if another violation of this part occurs within one (1) year from the date of the first violation. Upon revocation, a notice thereof shall be served upon the person holding the permit, who shall immediately surrender the permit. The permit shall be retained by the Police Chief or his designee pending a failure to appeal or a final decision as to revocation. (c) The Councilmay revoke a driver's permit for any of the reasons permitting a revocation by the Police Chief or his designee. (Code 1959, §22-53; Ord. No. 1993-146, §1, 3-16-93; Ord. No. 1999-691, §14, 11-16-99; Ord. No. 2009-671, §§36, 41—43, 11-3-09)

(a) A driver's permit which has been revoked shall be immediately thereafter surrendered to the taxicab inspector. (b) In any case in which the holder of a driver's permit has lost, destroyed or mutilated his permit, he shall immediately report such facts to the taxicab inspector who shall issue a duplicate driver's permit to the permittee. A charge of one dollar ($1.00) shall be collected by the taxicab inspector for each duplicate permit issued. Beginning on January 1, 2011,, the cost of replacement of lost permit will increase to ten dollars ($10.00), and then on January 1, 2012, the amount will cap at twenty dollars ($20.00). (Code 1959, §22-54; Ord. No. 2009-671, §44, 11-3-09)

(a) All driver's permits shall automatically expire and be null and void on the driver's birthday after two (2) years from the date of issue. (b) A driver's permit may be; renewed for successive periods of twenty-four (24) months by the taxicab inspector upon application and compliance with the same terms and conditions as are prescribed for original applications and the issuance of original driver's permits; provided, the taxicab inspector may permit the filing of an abbreviated application for renewal which shall update the information required in the original application as specified by the taxicab inspector. (c) Each renewed driver's permit shall be applied for not less than ten (10) days before the expiration of his current permit. (d) The fee of two dollars ($2.00) for the renewal of a driver's permit shall be attached to the application for renewal. Beginning on January 1, 2011,, the cost of driver's renewal fee will increase to ten dollars ($10.00), and then on January 1, 2012, the amount will cap at twenty dollars ($20.00). (Code 1959, §22-55; Ord. No. 2009-671, §§45, 46, 11-3-09)

As used in this article the following terms shall be defined as follows: Pawn or Pawn Transaction: A written bailment of personal property as security for debt, redeemable on certain terms within one hundred eighty (180) days, unless renewed, and with an implied power of sale on default. Pawnbroker: A person engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders. Pawnshop: The location at which or in which a pawnbroker regularly conducts business. Person: Any individual, corporation, joint venture, association, or any other legal entity, however organized. Pledged Goods: Tangible personal property which is deposited with or otherwise delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction. Purchase: Any item purchased from an individual for the purpose of resale whereby the seller no longer has a vested interest in the item. (Ord. No. 1992-982, §1, 6-2-92)

(a) No person, firm, or corporation shall establish or operate a pawnbroker business without first having applied for and been granted the license provided by this section. (b) Every application for a pawnbrokers license shall be upon a form approved by the City Manager and shall be filed with the Revenue Collector. Each application shall be made under oath and shall contain the following information: (1) The name and address of the person, and in case of a firm or partnership, the names and addresses of the persons composing such firm or of the officers of a corporation. (2) The name of the business and the street address and mailing address where the business is to be operated. (3) A statement indicating the amount of net assets or capital proposed to be used by the petitioner in operation of the business. This statement shall be accompanied by an unaudited statement from an accountant verifying the information contained in the statement. (4) An affidavit by the petitioner that he has not been convicted of a felony. (5) A certificate from the Chief of Police, sheriff of the County, or the State bureau of investigation certifying that the petitioner has not been convicted of a felony. (c) The Revenue Collector shall transmit a copy of the application to the Police Department for an investigative report, to the Inspections Department for a determination as to compliance with zoning and development regulations, and to the Fire Department to determine compliance with laws relating to fire protection. These department shall report back to the Revenue Collector within a reasonable period of time not to exceed thirty (30) days. (d) An application in proper form shall be placed on the printed agenda of the first regular Council meeting after completion of the reports and for which the normal agenda deadline date can be met. (Ord. No. 1992-982, §2, 6-2-92)

(a) Before issuing a license, the Councilshall be satisfied that the applicant is a suitable person to hold a pawnbroker license and that the location is a suitable place to hold the proposed license. To be a suitable place, the establishment shall comply with all the rules and regulations set out in G.S. Chapter 91A. Other factors the Councilmay consider in determining whether the applicant and the business location are suitable shall include all of the following: (1) The application contains no misstatement of fact. (2) The applicant conforms to all requirements of applicable zoning, building, and fire prevention codes. (3) The applicant shall not have been convicted of a felony within a ten-year period preceding the filing of the application. (4) Parking facilities and traffic facilities in the neighborhood. (5) The recommendations of the City of Raleigh Police Department. (6) Any other evidence that would tend to show whether the applicant would comply with the provisions of G.S. Chapter 91A and the applicable provisions of this Code and whether the operation of the business at that location would be detrimental to the neighborhood. (7) This ordinance [section] shall apply to all pawnbroker licenses pending on May 8, 1995, and to all applications for such licenses filed after that date. (b) Upon approval of the application by the Council and upon receipt of a license fee of two hundred seventy-five dollars ($275.00), the Revenue Collector shall issue a pawnbrokers license to the applicant. The license must be renewed annually. (c) At the time of receiving the license the applicant shall file with the City Clerk a bond payable to the City in the amount of five thousand dollars ($5,000.00) to be executed by the licensee and by two (2) sureties or a surety company licensed to do business in North Carolina, which shall be for the faithful performance of the requirements and obligations pertaining to the licensed business. The Citymay sue for forfeiture of the bond upon breach, and any other person who obtains a judgment against a pawnbroker and upon which judgment execution is returned unsatisfied may maintain an action in his own name upon the bond to satisfy the judgment. (Ord. No. 1992-982, §3, 6-2-92; Ord. No. 1995-639, §1, 5-2-95; Ord. No. 1995-679, §1, 7-5-95)

A license issued pursuant to §12-2103may be revoked by action of the Council for substantial abuses of this article or G.S. 91A-1-22. Before the Council revokes a license pursuant to this chapter, and before the Council considers an application for a license pursuant to this chapter, a written notice shall be sent to the licensee or applicant affected, by certified mail, return receipt requested, to the address listed on the application. The notice shall advise the affected party of a right to appear before the Council, with or without legal counsel, at a stated time and place at least ten (10) days following the date of the notice for the purpose of presenting any evidence relevant to such revocation or application and for the purpose of cross-examining any person providing evidence against the respondent. A revocation hearing can be initiated by the Chief of Police or by the City Council. (Ord. No. 1992-982, §4, 6-2-92)

(a) Every pawnbroker shall keep consecutively numbered records of each pawn transaction. The records shall correspond in all essential particulars to a detachable pawn ticket or copy thereof attached to the record. (b) The pawnbroker shall at the time of making the pawn or purchase transaction enter upon the pawn ticket a record of the following information which shall be typed or written in ink and in the English language: (1) A clear and accurate description of the property, including model and serial number if indicated on the property. (2) The name, residence address, phone number, and date of birth of the pledgor. (3) The date of the transaction. (4) The type of identification and identification number accepted from pledgor. (5) Physical description of the pledgor. (6) The amount of money advanced. (7) The date and the amount due. (8) All monthly pawn charges, including interest, annual percentage rate on interest, and total recovery fee. (9) Agreed upon stated value between the pledgor and the pawnbroker in case of loss or destruction of pledged item. Unless otherwise noted the stated value is the same as the loan value. (c) The followingshall be printed on all pawn tickets: (1) The statement that "ANY PERSONALPROPERTY PLEDGED TO A PAWNBROKER WITHIN THIS STATE IS SUBJECT TO SALE OR DISPOSAL WHEN THERE HAS BEEN NO PAYMENT MADE ON THE ACCOUNT FOR A PERIOD OF 60 DAYS PAST MATURITY DATE OF THE ORIGINAL CONTRACT. NO FURTHER NOTICE IS NECESSARY." (2) The statement that "THE PLEDGOR OF THIS ITEM ATTESTS THAT IT IS NOT STOLEN, HAS NO LIENS OR ENCUMBRANCES, AND IS PLEDGOR'S TO SELL OR TO PAWN." (3) The statement that "THE ITEM PAWNED IS REDEEMABLE ONLY BY THE BEARER OF THIS TICKET OR BY IDENTIFICATION OF THE PERSON MAKING THE PAWN." (4) A blank line for the pledgor's signature or initials. (d) The pledgor shall sign the pawn ticket and shall receive an exact copy of the pawn ticket, which shall be signed or initialed by the pawnbroker or an employee of the pawnbroker. These records shall be available for inspection each regular workday by the Police Department. The records shall be provided to the Police Department within twenty-four (24) hours after the record is created in one of the following ways: 1. Hand delivery to: 110 South McDowell Street Raleigh Police Department 4th floor Attention: pawnshop investigator 2. Facsimile to: (919) 890-3004 Attention: pawnshop investigator 3. Electronic data as set forth in the next paragraph. All pawnbrokers are required to utilize a reporting system that offers an electronic data transmission system that is compatible with the standard used by the local City or County law enforcement computer system. The electronic data must be provided to the appropriate law enforcement agency as designated by the Raleigh Police Department within twenty-four (24) hours after the record is created. (e) Except as otherwise provided in this part any person presenting a pawn ticket for redemption is presumed to be entitled to redeem the property described by the ticket. (Ord. No. 1992-982, §5, 6-2-92; Ord. No. 2003-410, §1, 3-18-03; Ord. No. 2007-222, §§1, 2, 5-1-07) Editor's note(s)—Ord. No. 2007-222, §2, adopted May 1, 2007, shall become effective on May 4, 2008. Secs. 12-2106—12-2110. RESERVED.

(a) Before any license or permit shall be issued to any carnival company and shows of like character, moving picture and vaudeville shows, museums and menageries, merry-go-rounds and ferris wheels, and other like amusement enterprises, conducted for profit and filling week-stand engagements, or in giving week-stand exhibitions, application shall be made therefor for a period of thirty (30) days before any license or permit shall be issued to such company or enterprise, and it shall be in the discretion of the Council as to whether any license or permit shall be issued to such company or enterprise. (b) It shall be unlawful for any person within the City limits to exhibit or show, for profit, in a tent or tents or other temporary structures, any circus, carnival or other show of like kind or description, including side shows, vaudeville shows, museums, menageries, and like amusements or exhibitions; or to operate merry-go-rounds, ferris wheels or other riding devices of like character for private profit. (Code 1959, §3-1) State law reference: Authority to regulate and prohibit amusements, G.S. 160A-181.

It shall be unlawful for any person operating a theater or moving picture show in the City to sell a greater number of tickets than there are seats provided for the accommodation of patrons for any performance. (Code 1959, §3-2)

Editor's note: Section 25 of Ord. No. 1991-767-TC-369, adopted April 16, 1991, repealed §§12-2113—12-2116 in their entireties. Formerly, §§12-2113—12-2116 pertained to exit doors, aisles, and the winding and repairing of reels, and derived from the 1959 Code, §§3-3—3-6.

All establishments located in Raleigh and providing amplified music or other amplified entertainmentshall possess an amplified entertainment permit orshall comply with the requirements applicable in the hospitality district in which the establishment is located. Religious worship facilities and schools are exempt from the provisions of this division. Any establishment located outside a hospitality district and providing amplified entertainment four (4) or fewer times a year is also exempt from the provisions of this division. Violation of this section is punishable under §12-2124. ( Ord. No. 2014-349, §1, 10-7-14, eff. 10-12-14 ; Ord. No. 2022-339 , §42, 2-15-22)

Amplified entertainmentshall mean any type of music or other entertainment delivered through and by an electronic system. Televisions operating with no amplification other than their internal speakers and background music systems operated at a low volume and not intended for entertainment shall not be deemed amplified entertainment. Background music or soundshall mean amplified music or amplified sound that cannot be heard or felt outside the structure in which it is played except for brief periods when customers enter or exit the establishment and that is played within the structure at low volume. Hospitality districtshall mean a district established by the City Council by ordinance that contains a concentration of establishments offering amplified entertainment that are located in close proximity to residential dwellings. HDEPshall mean a hospitality district entertainment permit. Low volumeshall mean sound played at a level such that a person speaking in a normal tone of voice can be heard clearly over this sound by another person standing thirty-six inches (36") away. Manager shall mean the individual responsible for the establishment's operations who is accessible to the public at all times when the establishment is open, occupied, or when employees are on site, and who possesses sufficient authority to address issues that arise at the establishment. Non-resident neighborshall mean any person who owns, occupies, or leases property within one-quarter (¼) mile of the hospitality district. Permitteeshall mean any person possessing anamplified entertainment permit or a hospitality district entertainment permit. Residentshall mean any person who owns, occupies, or leases property within the hospitality district. (Ord. No. 1999-539, §1, 4-6-99; Ord. No. 2005-851, §1, 6-7-05; Ord. No. 2014-349, §2, 10-7-14, eff. 10-12-14 )

(a) Reserved. (b) Establishments holding an amplified entertainment permitshall not generate any sound from their structure or parking area that exceeds the decibel limits set out in §12-5003 of this Code when measured at or beyond any property line of the premises covered by the permit. In addition to the decibel limits set out above, no establishment shall be in violation of any of the noise restrictions found in §12-5006 and §12-5007(a), (b), and (d) through (p) of this Code. A violation of this subsection occurs when, under Part 12, Chapter 5 of this Code, any of the following occur: a civil citation is issued and not appealed or upheld on appeal by an arbitrator; a criminal conviction occurs, regardless of a later appeal; or a finding of responsibility for an infraction occurs, regardless of a later appeal. (c) Bass noise provisions. In addition to the limits set out in §12-5003 of this Code, the holder of an amplified entertainment permitshall be subject to regulation of certain low frequency emissions from the premises. The following table sets out the greatest allowable amount of low frequency steady-state sound which may be transmitted across an adjoining property line. MAXIMUM SOUND LIMITATIONS-LOW FREQUENCY STEADY-STATE SOUNDS, dB (Commercial, Industrial, Business, Office Zones To Residential) One-Third Octave-Band Center Frequency, Hz Daytime One-Third Octave-Band SPL, dB Nighttime 16 84 79 20 76 71 25 68 63 31.5 60 55 40 59 54 50 57 52 63 56 51 80 55 50 100 54 49 125 53 48 160 52 47 200 51 46 250 50 45 315 49 44 The terms daytime and nighttime shall have the same meaning as those terms are defined in §12-5003. The term steady-state sound is a sound source that is detectable at least fifty (50) per cent of the time in a three (3) minute period. Measurements shall be made according to the measurement standards and policies adopted by the Raleigh Police Department for the measurement of low frequency noise. Low frequency noise is those sound sources that exhibit acoustic energy in one-third (⅓) octave bands at or below three hundred fifty-five (355) Hertz. (d) Every holder of an amplified entertainment permitshall provide the required number of off-street parking spaces required in Part 10 of this Code or the UDO, whichever is applicable, for the zoning district in which the establishment is located. All amplified entertainment permit off-street parking areas and all amplified entertainment permit establishment property abutting a public right-of-way shall be cleaned of all litter by 7:30 a.m. each morning. All off-street parking areas shall be lighted. Such illumination shall be a minimum average of two (2) maintained foot-candles. The holder of an amplified entertainment permitshall provide at least one (1) uniformed sworn law enforcement officer or at least one (1) uniformed security guard furnished by a company licensed to provide security by the State of North Carolina continuously present in the parking area between 9:00 p.m. and until one (1) hour after closing to provide security and supervision of the parking area. Any establishment that has maintained a nine (9) month history of safe and effective operation shall be exempt from the security requirement. Safe and effective operation means that the establishment, either inside or in its parking area or lot, has had less than two (2) custodial arrests for felony drug offenses; less than seven (7) custodial arrests for misdemeanor drug offenses; less than two (2) custodial arrests for acts of violence; or no custodial arrests for acts of violence involving a deadly weapon. The persons arrested must be patrons of the establishment or on their way into or out of the establishment before the arrest limits will apply. For purposes of this ordinance a custodial arrest means a physical arrest that result in a finding of probable cause by a magistrate or judge. The City Manager will implement a system within the City administration to monitor such arrests and probable cause determinations. The safe and efficient requirement shall be retroactive to January 1, 2005. Any establishment that becomes subject to the security requirement can become exempt again if it operates in a safe and efficient manner for nine (9) months from the time it is placed into the program. No security will be required on days when the establishment is not providing amplified entertainment. Any establishment receiving an amplified entertainment permit after the effective date of this ordinance will be presumed to be a safe and efficient operator and will not be required to implement the security requirement until it fails to meet the safety requirements of this section. The security requirement will be waived if the establishment presents satisfactory evidence to the City showing that the parking area is leased from a third party who maintains personnel at the lot or deck or garage at all times during the establishments hours of operation and that the personnel on duty have a wireless phone, radio, land line phone or other communications device capable of calling the 911 emergency number. (e) [Reserved.] (Ord. No. 1999-539, §1, 4-6-99; Ord. No. 2002-267, §1, 8-6-02; Ord. No. 2005-851, §§2, 3, 6-7-05; Ord. No. 2008-417, §1, 6-17-08; Ord. No. 2010-788, §1, 9-21-10; Ord. No. 2014-349, §§3, 4, 10-7-14, eff. 10-12-14 ) Editor's note(s)—Ord. No. 2000-793, § 1, adopted May 2, 2000, provides that the provisions of §12-2119(e) shall expire and be of no effect on and after January 1, 2001.

(a) Except as otherwise permitted in this division, all amplified sound must originate within the structure housing a business which holds an amplified entertainment permit or an HDEP and shall not be conveyed outside the structure by any means, including but not limited to exterior loudspeakers, open windows, open doors except entrance doors when opened as needed for ingress and egress, or any other means which conveys or facilitates amplified music being conveyed from inside the confines of the building to the outside of the building. Notwithstanding any other provisions in this Code, the holder of an amplified entertainment permit may allow amplified entertainment to be created or conveyed outside the confines of its building under a special use permit or when within the exemptions as set out below. In addition, the holder of an HDEPmay allow amplified entertainment for special events on the establishment's premises not otherwise permitted in a hospitality district only if granted a permit by the City Manager or when within the exemptions as set out below: (1)Occasional Outdoor Event Permit in Hospitality District. The City Manager or designee may grant a permit allowing outdoor amplified entertainment at an establishment located within a hospitality district when all of the following conditions are met: (a) The event begins no earlier than 11:00 a.m. and ends no later than 10:00 p.m.; (b) No more than one (1) event may be held at the same establishment in any calendar year; (c) The event does not generate noise of such character, intensity or duration as to be detrimental to the life or health of reasonable persons of ordinary sensibilities; (d) Speakers and any other noise generating equipment are oriented away from residential dwellings; (e) The proposed event does not conflict with other events previously scheduled in the vicinity; (f) The proposed event does not create an undue burden on nearby residents or other business operators because of the nature of the event or the frequency of activity in the same neighborhood previously authorized under the Special Events and Road Race Policy; (g) The business requesting the event has, within the last 24 months, complied with all conditions imposed on it applicable to a permit previously issued under this subsection; and (h) The applicant establishes that holding the event will not adversely impact public health, safety and welfare through the overcrowding of public facilities, imposing undue traffic burdens, or blocking access to other facilities. The City Manager or the City Manager's designee may include conditions and safeguards in the permit that will lessen negative impacts likely to occur from the outdoor amplified entertainment at the event. (2)Thoroughfare corridor. Outdoor music may also be allowed outside a hospitality district if amplified from a point within a corridor extending three hundred (300) feet on either side of the right-of-way line of any major/minor thoroughfare, interstate, or Federal aid primary highway. (3)Special use permit required. Outdoor music in the area described in subsection (2) above shall be allowed only after the issuance of a special use permit allowing the use by the Raleigh City Council. Notice of any hearing pursuant to this subsection shall be accomplished by publishing a notice of the hearing in a newspaper qualified to convey legal advertising. The newspaper notice shall be augmented by a placard measuring no less than twenty-four (24) inches by eighteen (18) inches setting out the place and time of the hearing. The newspaper advertisement shall be published and the placard displayed at least ten (10) days prior to the hearing date. The placard shall remain on display from its first posting until the date of the hearing. The City Council shall consider the following factors when acting on a request for a special use permit to allow outdoor music: (a) The establishment's proximity to residential areas, schools, churches, and health care facilities. (b) The establishment's history of compliance with noise and nuisance laws. (c) Access with respect to pedestrian and automotive safety, traffic flow, emergency service. (d) Intensity including such considerations as size, location, hours and/or conditions of operation, and number of participants. (e) Landscaping, screening, fencing with respect to protecting affected properties from anticipated noise, loss of privacy, and glare; preserving of important natural features; or harmonizing the request with affected properties. (f) Control or elimination of noise, dust, vibration, and lighting. (g) The proposed use will not adversely impact public services and facilities such as parking, traffic, police, etc., and that the secondary effects of such uses will not adversely impact on adjacent properties. The secondary effects would include but not be limited to noise, light, stormwater runoff, parking, pedestrian circulation and safety. (4)Duration of permit. Any special use permit issued by the City Councilmay be limited in its duration and may contain other conditions and limitations including, but not limited to, hours of operation. An Occasional Outdoor Event Permit issued to the holder of an HDEP shall expire at the conclusion of the authorized special event. For holders of an amplified entertainment permit, the special use permit shall remain in full force and effect so long as the establishment maintains a valid amplified entertainment permit unless the conditions of approval of the special use permit set out a different term of validity. (5)Exemptions. The following activities are exempted from the regulations controlling outdoor amplified sound: (a) Stadiums and arenas holding existing special use permits for their operation. (b) Shopping centers containing more than one hundred thousand (100,000) square feet of retail space so long as no such event continues more than seven (7) consecutive days and so long as the total number of days devoted to such events in a calendar year does not exceed twenty (20) days or four (4) weekends. (c) Parades and spectators and participants in parades. (d) Outdoor events, races, festivals or concerts on public property or public vehicular areas that are sponsored, cosponsored, or permitted by the City. (Ord. No. 1999-539, §1, 4-6-99; Ord. No. 2001-990, §1, 4-17-01; Ord. No. 2008-417, §2, 6-17-08; Ord. No. 2014-349, §5, 10-7-14, eff. 10-12-14 )

Editor's note: Ord. No. 2015-519, §3, adopted Nov. 17, 2015 , repealed §12-2121, which pertained to outdoor seating and derived from Ord. No. 1999-539, §1, adopted April 6, 1999; Ord. No. 2015-479, §1, adopted August 4, 2015 . The user's attention is directed to §12-1041.

(a) The amplified entertainment permitshall be issued by the Chief Financial Officer or his designee upon verification by the Inspections Department and the Fire Department that all relevant code and safety to life requirements have been met. The permit shall be applied for on a form supplied by the Chief Financial Officer or his designee. The application shall contain the name of the Manager, the name of the registered agent for service of process and such other information as the Chief Financial Officer or his designee may deem relevant and appropriate. Upon receipt of the application, the Chief Financial Officer or his designee shall forward a copy of the same to the Inspection Department for verification of the zoning and building code requirements necessary for the issuance of a license. The Chief Financial Officer or his designee is directed to require the name of the business owner as a part of the application for an Amplified Entertainment Permit. Any change in the ownership of a business after the issuance of the permit shall cause the permit to be immediately invalid and cause the new owner to reapply for the permit. A change in ownership shall mean acquisition of more than ten percent of the stock in a publicly traded corporation, any change in the ownership of shares in a privately held corporation, sale of all or part of a sole proprietorship, or any change in the membership of any form of limited liability organization. (b) The amplified entertainment permit shall be required to be renewed annually to maintain validity. The fees for the initial amplified entertainment permit and any subsequent renewal shall be as set forth in the City of Raleigh Fee Schedule. (c) Anyone denied a license pursuant to subparagraph (b) may appeal, within thirty (30) days of denial, to the Raleigh City Council. In reviewing appeal of a denial, the Council shall consider the following criteria: (1) The accuracy of the Chief Financial Officer or his designee's factual determination; (2) The number and type of police calls within a three-block area within the past six (6) months and the relationship of the calls to the establishment holding the permit; (3) The zoning classification of surrounding properties; (4) The status of any previously issued permits. If, after a review of the foregoing factors, any adverse conditions exist on any one (1) of the factors, the appeal will not be allowed. (Ord. No. 1999-539, §1, 4-6-99; Ord. No. 2009-642, §§1, 2, 9-1-09; Ord. No. 2014-349, §6, 10-7-14, eff. 10-12-14 ; Ord. No. 2019-949, §13, 6-4-19, eff. 7-1-19 )

The use or possession of controlled substances, alcohol or ABC law violations and acts of violence on the premises or in parking areas provided by the permittee for patrons of its establishment are prohibited. Violation of any of these conditions is punishable according to the schedule of fines, penalties and suspensions set out in §12-2124. (Ord. No. 1999-539, §1, 4-6-99; Ord. No. 2006-24, §1, 5-16-06; Ord. No. 2014-349, §7, 10-7-14, eff. 10-12-14 )

(a) Violations of any of the provisions of this division will result in the following civil penalties: (1) First offense in any twelve-month period: $500.00. (2) Second offense in any twelve-month period: $1,000.00. (3) Third offense in any twelve-month period: $5,000.00. (4) Fourth offense in any twelve-month period: One year suspension. Any Police Officer may issue a notice of violation assessing civil penalties under this section for a violation of any of the provisions of this division. The City Manager or his designee shall issue a notice of hearing to suspend or revoke a permit. (b) A violation that occurs or continues three (3) or more hours after an earlier violation shall constitute a new violation punishable as a separate offense. (c) Upon the issuance of a written notice of a first, second, or third violation, the holder of the amplified entertainment permit shall have fifteen (15) calendar days to provide a written appeal of the notice and to provide additional written or electronic materials in support of the appeal to the City Manager or his designee. The permitteemay review the evidence that is the basis of the violation during the City's normal business hours. The City Manager or his designee shall review any additional information provided and shall issue a written decision determining whether a violation has occurred. (d) A hearing shall be held at the office of the City Manager or his designee prior to the suspension or revocation of an HDEP, amplified entertainment permit, or permit allowing outdoor amplified entertainment. The permitteeshall have the opportunity to question witnesses, present evidence, and may be represented by an attorney. Upon termination of the hearing, an Order shall be issued by the City Manager or his designee, which shall include Findings of Fact and Conclusions of Law. (e) An appeal may be made to the City Council within twenty-one (21) calendar days after the City Manager's decision (or the decision of his designee) was mailed to the permittee. The scope of the City Council's review shall be limited to verifying the facts supporting a written decision or Findings of Fact made on a suspension. If the City Council finds that the facts as found are correct, the civil penalty or suspension shall not be disturbed. (f) If a person fails to pay any civil penalty within thirty (30) days after the decision becomes final, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. (g) In addition to civil penalties and permit suspension, a violation of this division may also be enforced through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1999-539, §1, 4-6-99; Ord. No. 2014-349, §8, 10-7-14, eff. 10-12-14 ; Ord. No. 2022-340 , §3, 2-15-22)

Editor's note: Ord. No. 2014-349, §9, adopted Oct. 7, 2014, effective October 12, 2014 , repealed §12-2125, which pertained to effective date and derived from Ord. No. 1999-539, §1, adopted April 6, 1999.

The City Councilmay designate one or more hospitality districts that contains a concentration of establishments offering amplified entertainment located in close proximity to residential dwellings. Any such district shall be created by ordinance duly enacted after a public hearing. Notice of the public hearing shall be published once at least ten (10) days before the date of the hearing. ( Ord. No. 2014-349, §10, 10-7-14, eff. 10-12-14 )

No permit is required for an establishment located within a hospitality district to provide only background music or sound. Establishments located within a hospitality district that provide or permit any other type of amplified entertainment at the establishment shall obtain a hospitality district entertainment permit (HDEP). ( Ord. No. 2014-349, §10, 10-7-14, eff. 10-12-14 )

(a) On the effective date of an ordinance creating a hospitality district, amplified entertainment permits for establishments located within that hospitality district shall automatically convert to HDEPs and all provisions applicable to HDEPs shall thereafter apply. Holders of converted HDEPs shall provide the contact information required under §12-2129(a) within seven (7) calendar days after conversion. (b) AnHDEP for a new establishment shall be issued by the Chief Financial Officer or his designee upon verification by the Inspections Department and the Fire Department that all relevant code and safety to life requirements have been met. The permit shall be applied for on a form supplied by the Chief Financial Officer or his designee. The application shall contain: a. The name of the business owner; b. The name of the permittee's manager; c. The name of the registered agent for service of process; and d. Such other information as the chief financial officer or his designee may deem relevant and appropriate. Upon receipt of the application, the Chief Financial Officer or his designee shall forward a copy of the same to the Inspections Department for verification of the zoning and building code requirements necessary for the issuance of a license. (c) Any change in the ownership of a business after the issuance of the HDEPshall cause the permit to be immediately invalid and require the new owner to reapply for the permit. A change in ownership shall mean acquisition of more than ten percent of the stock in a publicly traded corporation, any change in the ownership of shares in a privately held corporation, sale of all or part of a sole proprietorship, or any change in the membership of any form of limited liability organization. (d) HDEP permittees shall notify the City when business operations cease. If business operations cease at the establishment for thirty (30) calendar days or longer, the HDEPshall automatically expire. (e) The HDEP shall be required to be renewed annually to maintain validity. The fees for the initial HDEP and any subsequent renewal shall be as set forth in the City of Raleigh Fee Schedule. (f) Anyone denied an HDEPmay appeal within thirty (30) days of denial to the Raleigh City Council. In reviewing appeal of a denial, the Council shall consider the following criteria: (1) The accuracy of the Chief Financial Officer or his designee's factual determination; (2) The number and type of police calls within a three-block area within the past six (6) months and the relationship of the calls to the establishment holding the permit; (3) The zoning classification of surrounding properties; (4) The status of any previously issued permits. If, after a review of the foregoing factors, any adverse conditions exist on any one (1) of the factors, the appeal will not be allowed. ( Ord. No. 2014-349, §10, 10-7-14, eff. 10-12-14 ; Ord. No. 2019-949, §14, 6-4-19, eff. 7-1-19 )

(a) HDEPpermitteesshall provide to the City the name, telephone numbers, and e-mail addresses of the persons responsible for operation of the establishment, including the manager. The Cityshall publish the manager's name, numbers, and addresses in a manner in which they are available to the public. HDEP holders shall provide updated information so that the manager is accessible to the public at all times when the establishment is open, occupied, or when employees are on site. (b) From 2:00 a.m. until 7:00 a.m., no HDEP permittee shall cause or allow amplified entertainment that can be heard or felt outside the establishment in which it is played. In addition, from 2:00 a.m. until 7:00 a.m. no amplified entertainment shall be played on any outdoor portion of the establishment, including decks, patios, and permitted outdoor dining areas. (c) No HDEP permittee shall cause or allow amplified entertainment within the hospitality district that exceeds the following maximum noise limitations during the following days and times: 60db(A) Sunday through Thursday from 7:00 a.m. until 11:00 p.m. 55db(A) Sunday through Thursday from 11:00 p.m. until 2:00 a.m. 60db(A) Friday through Saturday from 7:00 a.m. until 2:00 a.m. Measurements shall be taken in accordance with section 12-5002 of the City Code. Ten (10) readings above the allowed decibel limits attributed to the sound source or sources shall constitute prima facie evidence of a violation. The sound meter operator may cease taking readings as soon as the readings already taken show a violation. It shall not be necessary to complete all one hundred (100) readings if a fewer number have already indicated a violation of the ordinance. (d) Except as otherwise provided in this section, HDEP permittees shall comply with limitations on sound set out in section 12-2119(c), 12-5006, and 12-5007(a), (b), and (d) through (p). For purposes of this subsection, a violation of section 12-5006 or 12-5007 occurs when, under Part 12, Chapter 5 of this Code, any of the following occur: a civil citation is issued and not appealed or upheld on appeal by an arbitrator; a criminal conviction occurs, regardless of a later appeal; or a finding of responsibility for an infraction occurs, regardless of a later appeal. (e) HDEP permittees may keep doors or windows of the establishment open when playing amplified entertainment only during the following days and times: Sunday through Thursday from 11:00 a.m. until 11:00 p.m. Friday and Saturday from 11:00 a.m. until 2:00 a.m. (f) HDEP permittees may utilize exterior speakers playing at low volume through a separate volume controlled system during the following days and times: On any day from 11:00 a.m. through 11:00 p.m. On Friday or Saturday from 11:00 p.m. until 2:00 a.m. through private patio speakers facing inwards only. (g) HDEP permittees shall make the manager available to interact with residents and with non-resident neighbors concerning the establishment's operations whenever the establishment is open, occupied, or employees are on site. Residents or non-resident neighborsmay utilize the public contact information made available by the City to contact the manager directly if any amplified entertainment is causing a disturbance. Repeated failure of the manager to speak with or otherwise respond to residents or non-resident neighbors within a reasonable time after a phone call that occurs when the establishment is open, occupied, or when employees are on site shall constitute a violation of this section. For purposes of this subsection, a failure is repeated when it occurs on three (3) or more days in any calendar month. (h) If requested to do so by the Chief of Police or the Chief's designee, HDEPpermittees should engage in mediation with residents or with non-resident neighbors. Residents, or non-resident neighborsmay decline to participate in mediation; however, willingness to participate in mediation on the part of the permittee is a requirement of issuance of an HDEP. To the extent possible, mediation shall be conducted in accordance with the Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions. Unless the parties to mediation otherwise agree and pay the costs of mediation, the Chief of Police or the Chief's designee shall appoint a mediator to conduct the mediation. (i) The Cityshall establish a complaint registration system for complaints related to any HDEP permittee, and shall make this information available to the public. (j) Every holder of an HDEPshall provide the required number of off-street parking spaces required in Part 10 of this Code or of the UDO, whichever applies, for the zoning district in which the establishment is located. All HDEP off-street parking areas and all HDEP establishment property abutting a public right-of-way shall be cleaned of all litter by 7:30 a.m. each morning. All off-street parking areas shall be lighted. Such illumination shall be a minimum average of two (2) maintained foot-candles. The holder of an HDEPshall provide at least one (1) uniformed sworn law enforcement officer or at least one (1) uniformed security guard furnished by a company licensed to provide security by the State of North Carolina continuously present in the parking area between 9:00 p.m. and until one (1) hour after closing to provide security and supervision of the parking area. Any establishment that has maintained a nine (9) month history of safe and effective operation shall be exempt from the security requirement. Safe and effective operation means that the establishment, either inside or in its parking area or lot, has had less than two (2) custodial arrests for felony drug offenses; less than seven (7) custodial arrests for misdemeanor drug offenses; less than two (2) custodial arrests for acts of violence; or no custodial arrests for acts of violence involving a deadly weapon. The persons arrested must be patrons of the establishment or on their way into or out of the establishment before the arrest limits will apply. For purposes of this ordinance a custodial arrest means a physical arrest that result in a finding of probable cause by a magistrate or judge. The City Manager will implement a system within the City administration to monitor such arrests and probable cause determinations. The safe and efficient requirement shall be retroactive to January 1, 2005. Any establishment that becomes subject to the security requirement can become exempt again if it operates in a safe and efficient manner for nine (9) months from the time it is placed into the program. No security will be required on days when the establishment is not providing amplified entertainment. Any establishment that applies for and receives a new HDEP after the effective date of this ordinance will be presumed to be a safe and efficient operator and will not be required to implement the security requirement until it fails to meet the safety requirements of this section. The security requirement will be waived if the establishment presents satisfactory evidence to the City showing that the parking area is leased from a third party who maintains personnel at the lot or deck or garage at all times during the establishment's hours of operation and that the personnel on duty have a wireless phone, radio, land line phone or other communications device capable of calling the 911 emergency number. ( Ord. No. 2014-349, §10, 10-7-14, eff. 10-12-14 ; Ord. No. 2014-370, §1, 12-2-14 )

The City Councilmay amend, revise, or terminate any hospitality district by ordinance duly enacted after a public hearing. Notice of the public hearing shall be published once at least ten (10) days before the date of the hearing. Any HDEP issued to an establishment that is no longer within a hospitality district as a result of an amendment, revision, or termination shall automatically convert to an amplified entertainment permit as of the ordinance's effective date and all provisions applicable to amplified entertainment permits shall thereafter apply. ( Ord. No. 2014-349, §10, 10-7-14, eff. 10-12-14 )

It is deemed necessary in order to promote good order and safety of the City and its residents that owners of rooming businesses be licensed. A system of licensing will: (a) Reduce the likelihood that these residential housing accommodations will become public nuisances in violation of G.S. 19-1(b). (b) Promote responsible management of these housing accommodations. (c) Assist in providing a safe habitat for residents and neighbors of these facilities. (d) Safeguard property values. (Ord. No. 1992-31, §1, 8-4-92)

(a) A "rooming house" is defined as a house, dwelling, building or structure, which was constructed originally as a single-family dwelling and now contains a type of equivalent dwelling unit as defined in Part 10, Chapter 2 consisting of a room or rooms without cooking facilities or private baths that are rented to the general public as a whole. Every rooming house operator engaged in the business of renting any room or equivalent dwelling unit to another person for accommodation shall first apply for and procure from the City Revenue Collector a City license for the privilege of transacting or engaging in such business within the City. The tax shall be two hundred fifty dollars ($250.00) per business location. Such license shall be due and payable in the same manner as prescribed for other privilege licenses issued by the City pursuant to this Code. (b)Exemptions. No license shall be required for the following: (1) The owner actually maintains and occupies one of the living quarters as his residence and there are no more than four (4) living quarters on the premises. (2) The business is paying the State sales tax imposed under G.S. 105-164.4(a)(3). (c) Every application for the privilege license prescribed herein shall be upon a form approved by the City Manager and shall be filed with the City Revenue Collector. Every application shall be made under oath and shall contain sufficient information to enable the City to determine that the standards of §12-2157 are being met. (d) For purposes of this article, it is immaterial whether payments are called rent, finance charge, or any other name, and it is immaterial whether the occupants are limited to any particular room in the living quarter. (Ord. No. 1992-31, §1, 8-4-92; Ord. No. 1994-340, §1, 2-15-94; Ord. No. 1997-49, §1, 2-4-97)

(a) A resident manager shall reside on the licensed premises. The residential manager shall be able to be at the rooming house within thirty (30) minutes after being summoned by the Raleigh Police Department. A telephone shall be located in the resident manager's living quarters. The resident manager or the licensee shall at least once during the license period attend one of the quarterly classes conducted by the City for residential management. (b) The licensee shall post a copy of this license in the resident manager's living quarter at a location visible from the entrance way of the living quarter. (c) All sleeping quarters shall be served by working heating facilities and a bed with a mattress. (d) The licensee shall meet each prospective tenant to determine that such tenant does not intend to use the living quarters for illegal activities. (e) The licensee shall commence eviction proceedings against any tenant who engages in unlawful activity in or on the leased premises. (f) The business location is not in violation of any applicable zoning, minimum housing code, and fire prevention code regulation. (g) An up-to-date floor plan and current list of occupants shall be maintained by the resident manager. This floor plan shall be posted in a conspicuous location. (Ord. No. 1992-31, §1, 8-4-92; Ord. No. 1997-49, §2, 2-4-97)

All persons required by this article to have a license that are operating a business shall have thirty (30) days from the application of this article to file for any required license. The Inspection Department shall inspect each rooming business annually to determine compliance. (Ord. No. 1992-31, §1, 8-4-92) Cross reference: Compliance with fair housing and landlord and tenant laws, §12-2160.

Enforcement may be by any one (1) or a combination of the following methods, and the institution of an action under any of these methods shall not relieve any party from any other criminal or civil proceeding prescribed for violations of this article. (a)Civil penalties. (1) Any person who shall operate a business without first applying for and obtaining the license required in §12-2156shall be subject to a civil penalty of one thousand dollars ($1,000.00), and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of five hundred dollars ($500.00) per day. (2) Any licensee who after receiving written notice by the City violates §12-2157shall be subject to a civil penalty of five hundred dollars ($500.00). Thereafter, each and every subsequent single violation occurring on the same business location, within the same two-year period shall be assessed a civil penalty of one thousand dollars ($1,000.00). (b)Equitable remedies, including injunctions. As authorized by the City Council, the Citymay apply for any appropriate equitable remedy to enforce the provisions of this article, including mandatory or prohibitory injunctions commanding the party to correct the unlawful condition or cease the unlawful use of the business. (c)Revocation of license. Following a written recommendation of the City Manager which describes the nature of any violation, the City Councilmay revoke a license issued pursuant to §12-2156 if it determines that the licensee has violated any provision of this article and other means of enforcement have failed to deter the licensee from operating in violation of this article. (Ord. No. 1992-31, §1, 8-4-92; Ord. No. 1994-340, §2, 2-15-94; Ord. No. 1997-49, §3, 2-4-97; Ord. No. 2022-340 , §5, 2-15-22)

Nothing in this article shall authorize or condone any violation of Federal, state, and City fair housing laws and state landlord and tenant laws. This article shall not diminish any private right of action of any person. (Ord. No. 1992-31, §1, 8-4-92) State law references: State Fair Housing Act, G.S. Ch. 41A; landlord and tenant, G.S. Ch. 42.

(a) No supportive housing residence or multi-unit supportive housing residence as defined in Part 10 chapter 2 of this Code shall operate until it has registered its location with the Zoning Enforcement Administrator, and all supportive housing residences and multi-unit supportive housing residences that remain in operation shall re-register no later than March 31, 2012 and annually thereafter by January 31 of each year, so long as the residence continues to operate. The registration shall include: (1) The address of the residence, (2) The name, address and telephone number of the "operator representative," (3) The number of occupants permitted to dwell there, and (4) For an initial registration, an affirmation that the residence is not located in violation of applicable radius separation requirements for such facilities. For purposes of this section, "operator representative" shall mean an individual who represents the operator or residents of a supportive housing residence or a multi-unit supportive housing residence who is responsible for addressing problems with the operation of such a facility, if any, whenever they arise. The "operator representative" may live on-site at the facility or off-site, but must be available to the public. (b) Supportive housing residences or multi-unit supportive housing residences must obtain and maintain any and all applicable federal, state, local or other licenses required for such facilities before registering. (c) Any changes in licensure status or in designated "operator representative" must be reported to the Zoning Enforcement Administrator immediately. (Ord. No. 1994-365-TC-71, §21, TC-22-93, 4-5-94; Ord. No. 2011-953, §§1, 2, 10-4-11; Ord. No. 2012-16, §1, 2-21-12) Cross reference: Radius requirements for multi-unit supportive housing residences and supportive housing residences, §10-2072(b).

(a) Findings: Housing in the City consists of owner occupied and tenant occupied properties and the two types of housing are in general parity. The substantial majority of complaints about and violations of the Code provisions adopted to assure minimum adequate housing arise from tenant occupied property. State law and this Code impose the responsibility to provide minimally adequate housing for tenants on the property owner. Existing remedial measures in the Code are insufficient to achieve prompt Code compliance resulting in significant adverse impacts on the public health, safety, and welfare of the City including the quality of life for tenants, affected neighborhoods and the City. To expedite compliance with the Code at such properties and thereby assure better quality housing for tenants and the neighborhood, the Council finds it necessary to adopt additional remedial measures for more effective compliance with the Code at such properties. (b) Declaration of necessity: It is deemed necessary in order to promote public health, welfare, good order and safety of the City and its residents that persons renting residential properties where there exist certain unsafe building, minimum housing, zoning or nuisance Code violations should be subject to a permitting system. Permitting will: (a) Reduce the likelihood that these residential housing accommodations will become public nuisances in violation of G.S. 19-1(b). (b) Promote responsible management of these housing accommodations. (c) Assist in providing a safe habitat for residents and neighbors of these facilities. (d) Safeguard property values. (e) Reduce the likelihood that housing accommodations where such problems most frequently have arisen and which are unfit for human habitation, dangerous, or injurious to the public will exist or be occupied. (f) Expedite repair of residential housing accommodations where such problems arise. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2008-415, §1, 7-1-08)

Unless the context clearly indicates otherwise, the following words and phrases as used in this article shall have the following meanings: (a) Business affiliate: A person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, the owner of a probationary residential rental dwelling of any property. Solely for purposes of this definition, the terms "owns," "is owned," and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten (10) per cent of [or] more. (b) Dwelling: A dwelling unit used for residential purposes other than a dwelling unit in a bed and breakfast inn; hotel or motel; guest house; rest home; rooming house, boarding house, lodging house; or tourist home. (c) Dwelling unit: One (1) or more rooms physically arranged as to create an independent housekeeping establishment with separate facilities for cooking, sleeping, and toilet. A dwelling unit can be occupied by only one (1) family. A dwelling unit can also contain a utility apartment or rented rooms in accordance with §10-2072(b). (d) Fifth degree of kinship: Collateral kin within five degrees of kinship removed from the owner with the degree of kinship to be computed as provided in N.C.G.S. §104A-1. (e) Housing Code: The provisions of the Raleigh City Code codified at §§10-6121 through 10-6137. (f) Inspections Department: The Inspections Department of the City of Raleigh. (g) Licensed rental agency: A rental agency holding a current privilege license issued by the State of North Carolina pursuant to N.C.G.S. §105-41(a)(8) or (9). (h) Notice of violation: A City issued list of failures to comply with the City Code at the dwelling included in the notice sent to the owner(s) pursuant to N.C.G.S. §§160A-428 and 160A-429; §§10-6126, 10-6127, 10-2152, and 12-6003. (i) Owner: Any person who alone, or jointly, or severally with others: (1) Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if the person were the owner; or (3) For violations of the Housing Code, shall be a mortgagee of record. (j) Person: Associations, corporations, limited liability companies, company, firm, partnerships, joint ventures, public or private institutions, corporations, trusts, estates, utilities, cooperatives, commissions, boards, condominiums, interstate bodies and bodies politic and corporate as well as to individuals or other legal entities. (k) Probationary rental occupancy permit: A permit issued to the owner of a probationary rental residential dwelling pursuant to this article. (l) Probationary rental residential dwelling: A dwelling unit, other than a utility apartment, including the premises of the dwelling unit which is the site of: (1) A violation of §10-6058 by reoccupancy of a dwelling previously found unsafe; (2) A violation of §10-6137 by reoccupancy before certification of compliance with the Housing Code by the Inspections Department; (3) Activities resulting in (a) a third conviction for violation of §13-3017 the Nuisance Party ordinance, within the twenty-four (24) month period following notice from the PROP Team of the Police Department of the first conviction or (b) a third civil penalty for violation of §13-3017, within the twenty-four (24) month period following notice from the PROP Team of the Police Department of the first notice of violation; (4) Activities resulting in (a) a third conviction for violation of §12-5007, the Prohibited Noises ordinance, within the twenty-four (24) month period following notice from the PROP Team of the Police Department of the first conviction or (b) a third civil penalty for violation of §12-5007, within the twenty-four (24) month period following notice from the PROP Team of the Police Department of the first notice of violation; (5) A violation of §10-6058 by the failure to repair, vacate or demolish within the time provided for compliance with the Code in the order issued by the Inspections Department pursuant to N.C.G.S. §160A-429; (6) A violation of §10-6137 by the failure to repair, vacate or demolish the dwelling within the time provided for compliance with the Code in the order issued by the Inspections Department pursuant to §10-6127; (7) A violation of §10-2151 by housing more inhabitants than permitted in the zoning Code section applicable to the dwelling; (8) A zoning vehicle violation by the failure to comply in a timely manner with an order issued by Inspections Department due to the unlawful storage of unlicensed, uninspected, wrecked, crushed, dismantled, or partially dismantled automotive vehicles on the premises; (9) A second nuisance abatement pursuant to §12-6003 within a twenty-four (24) month period; (10) A fourth notice of violation within a twenty-four (24) month period, when the prior notices of violations were resolved by corrective action and without issuance of any order or mandate for corrective action, of any of the following sections §§10-2151, 10-6058, 10-6137 and 12-6003 of the CityCode. (11) Activities resulting in a third conviction for a criminal activity on the premises of the dwelling following notice from the PROP Team of the Police Department within the twenty-four (24)month period following notice from the first conviction for a criminal activity on the premises of the dwelling. (m) Public nuisance violation: A determination by a Code enforcement official that any of the nuisances listed in §12-6002 exists at a property which determination is included in a notice sent to the property owner pursuance to §12-6003(a). (n) Violation: A determination by a Code enforcement official or a judge, after a notice of violation of the City Code and an opportunity for response to the noticed alleged failures, that an order or other mandate should issue to the owner or any other person imposing a sanction or requiring further actions to comply with the City Code, including without any limitation the payment of civil penalties or administrative fees, implementation of corrective measures, or cessation of activities which are not authorized by the City Code, or conviction of a criminal Code offense for failure to comply with the Code provisions listed in (l) of this section. (o) Zoning vehicle violation: A determination that unlicensed, uninspected, wrecked, crushed, dismantled, or partially dismantled automotive vehicles are present on the premises in violation of the zoning Code including the provisions at §§10-2015(c), 10-2016(c), 10-2017(c), 10-2018(c), 10-2019(c), 10-2020(c), 10-2021(c), 10-2022(c), 10-2023(c), 10-2024(c), 10-2025(c), 10-2030(c), 10-2031(c), 10-2032(c), 10-2035(c), 10-2036(c), 10-2037(c), 10-2040(c), 10-2041(c), 10-2042(c), 10-2043(c), 10-2045(c) and 10-2050(c). (p) Criminal Activity: Means conviction of a tenant or tenant guest for conduct on the premises of the dwelling under any of the following: (i) N.C.G.S. 14-204; (ii) N.C.G.S. 14-71.1 on the premises; (iii) N.C.G.S. 18B-300; (iv) N.C.G.S. 14-409 or N.C.G.S. 14-415.1; (v) N.C.G.S. 14-292; or (iv) N.C.G.S. 14-288.2. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2006-54, §§1—8, 7-11-06; Ord. No. 2008-415, §§2—4, 7-1-08)

(a) Unless compliance with this article is deemed pursuant to §12-2166, it shall be unlawful for an owner to rent, to receive rental income from, or to offer for rent, any probationary rental residential dwelling required to be permitted under this part without first obtaining a permit for the dwelling under this part or when the permit issued under this part is revoked. The owner of a probationary rental residential dwelling shall hold a permit under this part for each probationary rental residential dwelling and shall abide by the Standards in §12-2165 in order to be eligible to retain the permit. Each probationary rental residential dwelling is a separate dwelling for fee purposes and for the requirement to be permitted. When an apartment house consisting of multiple dwelling units is required to have a probationary rental occupancy permit as a result of a violation which applies to the building as a whole, a single permit will be required for the building as a whole which permit will be issued to the owner of the building, however each dwelling unit within the building which separately qualifies as a probationary rental residential dwelling shall be subject to separate permit fees and the requirement to be permitted. The Department of Inspections shall assign violations in common areas of an apartment complex to the apartment house nearest to the common area where the violation occurred. (b) Every application for the probationary rental occupancy permit prescribed herein, or a permit amendment to add another probationary rental residential dwelling to the permit, shall be upon a form approved by the Director of the Inspections Department and shall be filed with the Inspections Department. Every application shall be made under oath and shall contain the information required to show the owner is eligible for a permit under this article and sufficient information to enable the Inspections Department to determine that the standards of §12-2165 are being, or will be, met at any probationary rental residential dwelling to be permitted. Within thirty (30) days of receipt of a complete application and a non-refundable application fee of two hundred dollars ($200.00), the Inspections Department shall review each application and determine whether the application should be approved. The Inspections Department shall deny any application which does not satisfy the minimum requirements of this article and any application submitted by an owner during a period of permit revocation. (c) The permit fee shall be three hundred dollars ($300.00) for the first year of the permit. The annual fee for subsequent years shall be five hundred dollars ($500.00). Such fee shall be due and payable when the permit issues with annual fees for subsequent years due and payable annually. (d) Any person required to have a probationary rental occupancy permitshall be permitted for two (2) years. If a violation of the permit occurs, the permit requirement is extended for the probationary rental residential dwelling covered by the permit for two (2) years following the date of the violation. To be released from the requirement for a probationary rental occupancy permit, the owner must have had no violation of any of the Code provisions listed in §12-2163(l) and the standards in §12-2165 for the two (2) year period immediately before the permit period ends and the dwelling must be approved as compliant with the Code in a final inspection. Final inspections will be conducted only upon the request of the owner. When the owner fails to request an inspection within ninety (90) days after the date the permit requirement was due to expire, the Department of Inspections, after written notice to the owner and tenant, shall inspect the permitted dwelling for compliance with the Code provisions listed in §12-2163(l) and the standards in §12-2165. (e) Any person taking title to a permitted probationary rental residential dwelling shall be the holder of the probationary rental occupancy permit. Any person taking title to a probationary rental residential dwelling not previously holding a permit shall apply for a probationary rental occupancy permit. The new owner of the dwelling unit, who is not a prior owner or related by marriage or within the fifth degree of kinship to the seller, may request that the Director of the Inspections Department remove the requirement that the dwelling have a probationary rental occupancy permit. For the request to be eligible for consideration, the new owner must: (1) Have paid all outstanding fees and civil penalties for the dwelling; (2) Have no violations or pending violations of this article issued to the new owner; (3) Obtain from the Inspections Department a determination that the dwelling complies with the standards in §12-2165; and (4) Submit an affidavit which shows proof of title transfer, that the new owner is not a prior owner, not related by marriage or within the fifth degree of kinship to the seller, is not a business affiliate of the prior owner, and that the lease for the dwelling includes a provision making violations of the City Code by the tenant grounds for eviction. (f) A temporary permitshall be issued by the Inspections Department if the final decision on a complete application is not made at the end of the thirty (30) day review period. The temporary permit will expire thirty (30) days following an inspection which finds the dwelling to be ineligible to hold a permit under this article; upon issuance of the Probationary Rental Occupancy Permit for the dwelling; or upon denial of the application for a Probationary Rental Occupancy Permit. The Inspections Department shall not charge a fee for a temporary permit. (g) An application shall be accompanied by a notarized statement from a competent person agreeing to appointment as process service agent for receipt of a notice of violation or order from the City for all violations at the dwelling unless each notice of violation or order previously sent from the City to the owner of the dwelling was delivered and no such notices of violation or orders returned to the City. The refusal of service by the process service agent of a notice of violation or order, or a notice of violation or orders returned undelivered, shall be grounds to revoke the permit. When a notice or order under this article is returned undelivered, the Inspections Department may require the appointment of a process service agent as a condition for continuing to hold the permit. Failure by the owner to maintain a duly appointed process service agent, or to appoint a process service agent within thirty (30) days of being so ordered, shall be grounds to revoke the Probationary Rental Occupancy Permit. (h) The Inspections Department shall maintain a list of all dwellings and dwelling units which are probationary rental residential dwellings and subject to the permit requirements of this article. The Inspections Department shall send a copy of the list of probationary rental residential dwellings, which shows whether each listed dwelling is permitted, to the Office of the City Clerk, for public inspection, at least once every thirty (30) days. The Inspections Department shall use other reasonable means to make the list publicly available including the information systems for public access to City information. (i) Reserved. The Council, by ordinance, may add the dwelling to the PROP Program upon finding that existing remedial provisions have been inadequate to abate the detrimental impact on the tenants, the adjacent properties, the dwelling and the neighborhood. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2005-770, §1, 1-18-05; Ord. No. 2006-54, §§14, 15, 7-11-06; Ord. No. 2008-415, §5, 7-1-08)

(a) The permittee shall respond to the Department making contact, either in person or by telephone within two (2) business days after being contacted at the telephone number provided in the application, to the Raleigh Police Department, the Fire Department, or the Inspections Department. The permittee shall submit to the department making the contact, within three (3) days of the response, written documentation of the response. The permittee may designate a licensed rental agency as the person responsible for responding to calls for assistance from the Raleigh Police Department, the Fire Department, or the Inspections Department. The designated agency must have at least one agent located in the City or within twenty-five (25) miles of the City's planning jurisdiction who is authorized by it to respond to calls. The designation shall be effective only after a notarized statement is submitted to the Inspections Department in which the responsible employee is identified and agrees to accept the duty. (b) The permittee at least once during the first year of the permit period shall attend one residential management course conducted or approved by the City. The Inspections Department shall maintain a list of approved courses. (c) The permittee shall maintain the dwelling so that it does not violate any applicable provision of the zoning Code, minimum housing Code, or other Code provision listed in the definition of probationary rental residential dwelling at §12-2163. (d) The permittee shall maintain a current list of occupants. Upon request, by City inspectors, police, and fire and emergency response personnel investigating violations or potential violations of this article, the permittee shall present the list of occupants to the investigating personnel. (e) The permittee shall obtain a §10-6125(c) certificate of housing Code compliance before a vacant probationary rental residential dwelling with an unresolved notice of violation of the Housing Code is occupied by another tenant. (f) The permittee shall comply with the requirements of this article. (g) The Public Utilities Department shall not provide water service to a vacant probationary rental residential dwelling which is in violation of the Housing Code until a certificate of housing Code compliance has been issued for the dwelling pursuant to §10-6125(c), unless the Director of the Public Utilities Department determines such service is necessary for public health reasons and will not be used by occupants of the dwelling for residential purposes. (h) Within thirty (30) days of the designation of a dwelling as probationary residential rental dwelling, the owner shall deliver a written notification, using the form approved by the Department of Inspections, to each tenant that the dwelling is a probationary rental residential dwelling. Prior to entering into a rental agreement, whether oral or written, the permittee shall provide written notification, using the form approved by the Department of Inspections, to each prospective tenant that the dwelling is a probationary rental residential dwelling. In the notification, the permittee shall explain the possible enforcement actions which can be applied for violations of the probationary rental occupancy permit. The permittee shall provide proof of the delivery to the Inspections Department along with a copy of the notification within ten (10) days of receipt of proof of delivery. (i) Within thirty (30) days of the designation of a dwelling as probationary residential rental dwelling, the owner of a condominium or a dwelling in a townhouse development, shall deliver a written notification, using the form approved by the Department of Inspections, to the association or governing body which controls the property commonly owned and associated with the dwelling, that the dwelling is a probationary rental residential dwelling. In the notification, the permittee shall explain the possible enforcement actions which can be applied for violations of the probationary rental occupancy permit on the common property of the association. The permittee shall provide proof of the delivery to the Inspections Department along with a copy of the notification within ten (10) days of receipt of proof of delivery. (j) Within thirty (30) days of the designation of an apartment house as probationary residential rental dwelling and when the persons owning the apartment house and the apartment complex are not the same person, the owner of an apartment house, shall deliver a written notification, using the form approved by the Department of Inspections, to the owner of the apartment project which controls the property commonly owned and associated with the apartment house, that the apartment house is a probationary rental residential dwelling. In the notification, the permittee shall explain the possible enforcement actions which can be applied for violations of the probationary rental occupancy permit on the common property of the apartment complex. The permittee shall provide proof of the delivery to the Inspections Department along with a copy of the notification within ten (10) days of receipt of proof of delivery. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2006-54, §§9, 14, 15, 7-11-06)

(a) Any person required by this article to have a permit for a probationary rental residential dwelling who files a complete application for any required permit within ten (10) days following notice from the Inspections Department that this article applies to the dwelling shall be deemed compliant with this article unless and until the application is denied. (b) It shall be unlawful to rent, to receive rental income from, or to offer for rent a dwelling subject to the permit requirements of this article beginning ten (10) days after service of notice by the Inspections Department that a permit is required under this part unless a complete application for a §12-2164(a) permit has been submitted for the dwelling. (c) Any person who holds a N.C. Gen. Stat. 105-41(a)(8) or (9) privilege license as a rental agency and is not the record owner of the probationary rental residential dwelling shall be deemed compliant with this article upon filing with the Inspections Department an affidavit or other notarized statement that the agency relationship has been terminated and that the failure to comply with the noticed violations was caused by the record owner's refusal to comply with the article. (d) Any person who has been designated as a process service agent and is not the record owner of the probationary rental residential dwelling shall be deemed compliant with this article upon promptly notifying the Inspections Department that the notice or order delivered for service cannot be delivered to the owner and upon filing with the Inspections Department an affidavit or other notarized statement that the agency relationship has been terminated and that all prior notices and orders were delivered to the owner. (e) If the activities, violations or abatements which individually or cumulatively could cause a property or dwelling to be deemed a probationary rental residential dwelling under §12-2163(l) are the result of tenant behavior or actions, an owner shall be entitled to relief from any such violation(s) [i.e. the violation(s) shall not be counted as a strike against the owner] by evicting or removing the tenant, so long as the owner can show that the tenant behavior or action is the basis of the eviction or removal of the tenant. No ownermay obtain relief for more than two (2) violations in any three (3) year period per dwelling under this subsection. Any owner who evicted or removed the tenant as a result of the tenant causing such violation(s), whether such removal is the result of a tenant voluntarily vacating the dwelling or as a result of court action, shall be deemed compliant with this article upon filing with the Inspections Department an affidavit or other notarized statement stating that (1) the tenant cited for the violation no longer resides at the dwelling, or (2) the attached complaint was filed to evict the tenant and listing the actions showing diligence in effecting the eviction and attaching a copy of the signed lease with the required right to evict. An ownershall also be entitled to relief from any subsequent violation(s) that occur while the action to evict the tenant is pending upon a similar showing to the Inspections Department. If the court has denied the owner's diligent pursuit to evict the tenant, it shall be sufficient if the owner does not renew the tenant's lease at the end of the then current term and instead terminates the lease. When an owner shows an inability to access to dwelling for purposes of effecting remedial activity as ordered by the Inspections Department pursuant to §10-6058 or §10-6137 due to a court order in an eviction proceeding, the failure to complete the required remedial activity as previously ordered by the Inspections Department is not a violation for purposes of determining whether the dwelling is a probationary rental residential dwelling until thirty (30) days after the expiration of the court order barring access or within such additional time for compliance as is provided by the Inspections Department. (f) Any mortgagee of record, not otherwise defined as an owner, shall be deemed compliant with this article unless and until the other owners of the probationary rental residential dwelling fail to comply with notices of violations or orders, including for the payment of civil penalties. A mortgagee of record, not otherwise defined as an owner, shall not be liable for civil penalties or administrative fees in excess of the liability of the other owners. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2006-54, §§10, 14, 15, 7-11-06)

Enforcement may be by any one (1) or a combination of the following methods, and the institution of an action under any of these methods shall not relieve any party from any civil proceeding prescribed for violations of this article. When a violation continues from day to day without interruption, a new and separate violation occurs when the violation continues after service of the notice or order of the immediately preceding violation for the unlawful activity. (a)Civil penalties. (1) Any person who shall rent, or offer for rent, a probationary rental residential dwelling without first applying for and obtaining a permit as required in §12-2164 or who shall rent, or offer for rent, a probationary rental residential dwelling permitted under this article in violation of this article shall be subject to a civil penalty as follows: (a) Fifty dollars ($50.00) for a first violation, and each continuing day of noncompliance followingwritten notice thereof shall result in the assessment of an additional civil penalty of fifty dollars ($50.00) per day; (b) Two hundred fifty dollars ($250.00) for a second violation, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred dollars ($100.00) per day; (c) Two hundred fifty dollars ($250.00) for a third violation, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of two hundred fifty dollars ($250.00) per day; (d) Five hundred dollars ($500.00) for a violation during a period of revocation, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of five hundred dollars ($500.00) per day; (e) Five hundred dollars ($500.00) against the owner of common property in a condominium or townhouse development for each violation occurring on the common area of a dwelling subject to this article, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of two hundred fifty dollars ($250.00) per day; and (f) Five hundred dollars ($500.00) against the owner of an apartment project with common propertyused by an apartment house for each violation occurring on the common area of an apartment house subject to this article, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of two hundred fifty dollars ($250.00) per day. (2) Any duly appointed licensed rental agency employee who, after receiving written notice of a violation by the City, violates §12-2165(a) shall be subject to a civil penalty of one hundred dollars ($100.00). Thereafter, each and every subsequent single violation occurring on the same probationary rental residential dwelling shall be assessed a civil penalty of two hundred fifty dollars ($250.00) and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred dollars ($100.00) per day. (3) Any duly appointed process service agent who, after receiving written notice of a violation or an order from the City, refuses to accept service of process or delivery of notices of violation or orders from the City in accordance with the agent's notarized statement attached to the application submitted for the dwelling shall be subject to a civil penalty of one hundred dollars ($100.00). Thereafter, each and every subsequent single violation occurring on the same probationary rental residential dwelling shall be assessed a civil penalty of two hundred fifty dollars ($250.00) and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred dollars ($100.00) per day. (b)Equitable remedies, including injunctions. As authorized by the City Council, the City may apply to the courts for any appropriate equitable remedy to enforce the provisions of this article, including mandatory or prohibitory injunctions commanding the party to correct the unlawful condition or cease the unlawful use of the business. (c)Revocation of permit. (1) For each dwelling where a second violation of this article occurs within twenty-four (24) months of the most recent violation of this article, the Department of Inspections shall issue an order revoking the residential rental occupancy permit for a period of two (2) years, or when no permit had been issued the dwelling, making the probationary residential rental dwelling ineligible for a permit for a period of two (2) years. (2) For each dwelling where a third violation of this article occurs within twenty-four (24) months of the most recent violation of this article, the Department of Inspections shall issue an order revoking every probationary rental occupancy permit issued to, or held in the name of the owner of the dwelling where the violation occurred, for a period of two (2) years, and making the owner ineligible to hold a probationary rental occupancy permit for a period of two (2) years. (3) Ten (10) days following the service on the permittee of a written recommendation by the Director of the Inspections Department which describes the nature of any violation, the Director of the Inspections Department may revoke a permit issued pursuant to §12-2164 if it is determined that the permittee has violated any provision of this article and other means of enforcement have failed to deter the permittee from operating in violation of this article. (d)Probationary status. Following a determination that a permittee under this article has violated the provisions of this article, the permittee shall be sent a notice that the permit is on a probationary status and will be revoked for a period of twenty-four (24) months if the permittee commits a second violation during the twenty-four (24) month period following the first violation. Following a determination that a permittee under this article has violated the provisions of this article a second time within any twenty-four (24) month period, the permittee shall be sent a notice that the permit is on a probationary status and if the permittee commits a third violation during the twenty-four (24) month period following the first violation, every probationary rental occupancy permit issued to, or held in the name of the owner where the violation occurred, will be revoked for a period of twenty-four (24) months. (e)Cancellation of revocation orders. The Director of the Inspections Department shall cancel an order revoking a probationary rental occupancy permit when the owner requesting cancellation of the revocation order has paid all outstanding fees and civil penalties for the dwelling and the owner has no pending appeals of any notices or orders and: 1. Within five (5) working days of the service of the order, the owner obtains approval from the Inspections Department of a management plan for the dwelling to achieve full compliance with the standards in §12-2165 within the time otherwise provided by the Code, or such time as the Inspections Department finds reasonable and; 2. The owner by power of attorney appoints a licensed rental agency to manage the property for the two (2) year period following the approval; or 3. Within fifteen (15) days of the service of the order, the new owner of the dwelling unit, who is not a prior owner, not related by marriage or within the fifth degree of kinship to the seller, is not a business affiliate of the prior owner, submits an affidavit so attesting along with proof of title transfer, pays all outstanding fees and civil penalties, and shows the Inspections Department that the dwelling complies with the standards in §12-2165. (f)Not a criminal violation. Any person violating any of the provisions of this article shall be subject to the civil penalties and permit revocations set forth. Any violation of this article shall be deemed a non-criminal violation and shall not be a misdemeanor or infraction pursuant to G.S. 14-4 or §14-1005(a) of this Code of Ordinances. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2006-54, §§14, 15, 7-11-06)

Any permittee, owner or other person served with notice or an order under the provisions of this article, including denial of a request pursuant to §12-2164(e), may appeal the notice or order in the following manner: (1) An appeal must be filed in writing with the Director of the Inspections Department within thirty (30) days after service of the written notice or order of the Director of the Inspections Department on the petitioner. The written appeal shall identify the application of the article at issue and provide the reasons the petitioner contends that it was wrongly applied and any supporting documentation. An appeal challenging a notice that a dwelling is qualified as a "probationary rental residential dwelling" pursuant to §12-2163(l)(10) may include an appeal of the basis for the citations resulting in the determination that the dwelling is qualified as a "probationary rental residential dwelling" pursuant to §12-2163(l)(10). (2) Unless the Director of Inspections decides to allow the requested relief based on the appeal request, the Director of the Inspections Department shall send each appeal request to arbitration. The Director of Inspections and the appealing party shall select an arbitrator from the Wake County District Court list of arbitrators. The arbitration shall be conducted, to the extent practicable, in accordance with the Supreme Court Rules for Court-Ordered Arbitration in North Carolina. The arbitrator shall be paid a fee equal to the maximum fee specified in such Rules. The arbitrator shall consider both the applicable code provisions and equitable factors in resolving the appeal. If the person who files an appeal of a notice that a dwelling is qualified as a "probationary rental residential dwelling" pursuant to §12-2163(l)(10) shows that the owner did not cause and, with the use of reasonable measures, could not have prevented the actions or activities leading to the citations which qualified the dwelling as a "probationary rental residential dwelling" pursuant to §12-2163(l)(10), the arbitrator may reverse the order. (3) An appeal may be taken from any decision of arbitrator by giving notice of appeal to the City Council within thirty (30) days after service of the written decision of the arbitrator. Notice of appeal shall be given by delivery of a written statement to the City Manager stating the grounds for the appeal and providing the City Manager with a copy of the written decision of the arbitrator. The written appeal shall identify the application the article at issue and provide the reasons the petitioner contends that it was wrongly applied. The Director of the Inspection Department shall transmit to the City Manager all documents constituting the record upon which the decision by the arbitrator was made. (4) The City Council shall fix a reasonable time for the presentation of oral arguments by the parties and shall give due notice to the petitioner and the City Manager. After consideration of the arbitrator's decision, including any equitable factors applied by the arbitrator, and the record of the proceeding, the City Council shall issue a written determination, within a reasonable time, stating whether the disputed application of the article will be approved without change or modified or reversed. (5) All decisions of the Director of the Inspections Department and City Council shall be served on the petitioner. (6) The enforcement of an order issued by the Inspections Department which includes the revocation of a residential rental occupancy permit shall be stayed upon the filing of an appeal and until a final order is issued by the Director of the Inspections Department or City Council. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2006-54, §§11, 14, 15, 7-11-06)

(a)Fee for each violation. Any person who violates this article shall pay an administrative fee of two hundred dollars ($200.00) per violation and the costs to the City of service of orders and notices. (b)Fee for arbitration. Any person who files an appeal shall pay an administrative fee of two hundred ($200.00) to the City at the time the appeal request is made. Failure to pay the administrative fee shall cause the appeal to be denied. The person who filed the appeal shall be responsible for paying one-half of the costs of the arbitration fee. If the person who appeals is the prevailing party, the administrative fee and the portion of the arbitration fee shall be reimbursed. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2006-54, §12, 7-11-06)

(a) Unless otherwise provided, notices, orders or other documents issued pursuant to this article shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the notices, orders or other documents may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten (10) days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected. (b) If the identities of any owners or whereabouts of persons are unknown and the same cannot be ascertained by the Inspection Department or the PROP Team of the Police Department in the exercise of reasonable diligence, or if the owners are known but have refused to accept service by registered or certified mail, and the Inspections Department shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order upon such owners or personsmay be made by publication in a newspaper having general circulation in the City at least once no later than time at which person al service would be required under this article. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. (c) In order to assist the Inspections Department and the PROP Team of the Police Department with the service of notices, orders and other documents pursuant to this article, an owner who submits an affidavit showing a failure to receive a notice of violation and who affirms in the affidavit submitted to the Inspections Department or the PROP Team of the Police Department that the address listed in the Wake County tax records has been changed to the correct address at which the owner can receive further notices, shall have the prior violation removed from consideration for the Probationary Rental Residential Dwelling determination so long as the owner continues to maintain a correct address with the Wake County tax records and does not refuse to accept service of any notice at the address listed with the Wake County tax records. (d) In order to assist owners who desire to better monitor activities at their properties, the PROP Team of the Police Department shall notify an owner as provided in (a) of this Section within ten (10) business days of an activity at the property by a tenant or a guest of a tenant that can or will cause the property to be qualified as a probationary rental residential dwelling. In addition and to the extent practicable, a notice to the owner shall be provided in the most expeditious manner available, including notice sent by electronic mail or facsimile to the locations provided in the Rental Registration. Failure to send or deliver the more expeditious notice shall not impede the enforcement of the PROP program against the owner. (Ord. No. 2004-720, §1, 10-19-04; Ord. No. 2006-54, §13, 7-11-06; Ord. No. 2008-415, §1, 7-1-08)

Nothing in this article shall authorize or condone any violation of Federal, state, and City fair housing laws and state landlord and tenant laws. This article shall not diminish any private right of action of any person. (Ord. No. 2004-720, §1, 10-19-04) State law references: State Fair Housing Act, G.S. Ch. 41A; landlord and tenant, G.S. Ch. 42. Secs. 12-2172—12-2174. RESERVED.

(a) Findings: Housing in the City consists of owner occupied and tenant occupied properties and the two types of housing are in general parity. The substantial majority of complaints about and violations of the Code provisions adopted to assure minimum adequate housing arise from tenant occupied property. State law and this Code impose the responsibility to provide minimally adequate housing for tenants on the property owner. A significant obstacle to effecting prompt and efficient enforcement of the minimum housing code is accuracy of the information in the public record for making contact with the owner of such tenant occupied properties and for the delivery of notifications of activity at the property which may result in the dwelling being required to be licensed under Article G, the Probationary Rental Occupancy Permit. In addition, the effectiveness of responses by the Fire Department and the Police Department to multiple incidents at such properties can be improved by contact with the owners or managers of such properties. Existing contact information is insufficient to achieve prompt City response to matters adversely impacting the public health, safety, and welfare of the City including the quality of life for tenants, affected neighborhoods and the City. To expedite Fire and Police response as well as compliance with the Code at such properties and thereby assure better quality housing for tenants and the neighborhood, the Council finds it necessary to adopt a registration requirement for residential rental properties. (b) Declaration of necessity: It is deemed necessary in order to promote public health, welfare, good order and safety of the City and its residents that persons renting residential properties should be subject to a registration system. Registration will: (1) Promote responsible management of these housing accommodations. (2) Assist in providing a safe habitat for residents and neighbors of these facilities. (3) Safeguard property values. (4) Expedite repair of residential housing accommodations where such problems arise. (Ord. No. 2008-415B, §1, 7-1-08)

Unless the context clearly indicates otherwise, the following words and phrases as used in this article shall have the following meanings: (a) Apartment house: Any dwelling containing three (3) or more dwelling units. (b) Apartment project: A systematically built group of apartment houses. (c) Business affiliate: A person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, the owner of a probationary residential rental dwelling of any property. Solely for purposes of this definition, the terms "owns," "is owned," and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten (10) per cent of [or] more. (d) Dwelling: A dwelling unit used for residential purposes other than a dwelling unit in a bed and breakfast inn; hotel or motel; guest house; rest home; rooming house, boarding house, lodging house; or a tourist home. (e) Dwelling unit: One (1) or more rooms physically arranged as to create an independent housekeeping establishment with separate facilities for cooking, sleeping, and toilet. A dwelling unit can be occupied by only one (1) family. A dwelling unit can also contain a utility apartment or rented rooms in accordance with §10-2072(b). (f) Inspections Department: The Inspections Department of the City of Raleigh. (g) Manager: Any person who has been hired and is paid by the owner to manage any dwelling or dwelling unit which is rented or offered for rent as a residential dwelling. (h) Owner: Any person who alone, or jointly, or severally with others: (1) Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual ownershall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if the person were the owner. (i) Person: Associations, corporations, limited liability companies, company, firm, partnerships, joint ventures, public or private institutions, corporations, trusts, estates, utilities, cooperatives, commissions, boards, condominiums, interstate bodies and bodies politic and corporate as well as to individuals or other legal entities. (j) Property: A parcel of land, either vacant or occupied by one or more principal buildings, as identified by the Wake County Register of Deeds tax records. (Ord. No. 2008-415B, §1, 7-1-08; Ord. No. 2011-980, §1, 11-15-11)

(a) Unless compliance with this article is deemed pursuant to §12-2180, it shall be unlawful for an owner to rent, to receive rental income from, or to offer for rent, any rental residential dwelling required to be registered under this part without first registering the dwelling under this part or when the permit issued under §12-2164 is revoked. The owner of a rental residential dwelling shall hold a registration under this part for each rental residential dwelling located on a separate tax parcel and shall abide by the Standards in §12-2179 in order to be eligible to retain the registration. When a manager is contracted to manage multiple dwellings in a single townhouse development or apartment house, a single registration will be required which registration will be issued to the manager of the dwelling units. (b) Every application for rental registration shall be filed on a form approved by the Director of the Inspections Department and shall be filed with the Inspections Department. Every application shall be made under oath and shall contain the information required to identify the owner of the dwelling(s) to be registered, contact information including a street address and telephone numbers, and identification and contact information for any manager or other alternate contact person for the dwelling(s). Every application shall include the registration fee as applicable for the property. The ownershall also provide an electronic mail address and a facsimile number in the registration application. Each rented dwelling unit must be registered, however, an owner of multiple units may register all units using one registration form. Within thirty (30) days of receipt of a complete application and a non-refundable application fee of thirty dollars ($30.00), the Inspections Department shall review each application and determine whether the application should be approved. The Inspections Department shall deny any application which does not satisfy the minimum requirements of this article and any application submitted by an owner during a period of permit revocation pursuant to §12-2167. (c) The registration fee for rental registration shall be due and payable when the renewal registration issues. The registration fee shall be as follows: (1) For a property with twenty (20) or more residential rental dwellings, the fee shall be fifty dollars ($50.00); (2) For a property with fewer than twenty (20) but more than three (3) residential rental dwellings, the fee shall be twenty-five dollars ($25.00); and (3) For a property with three or fewer residential rental dwellings, the fee shall be fifteen dollars ($15.00). (Ord. No. 2008-415B, §1, 7-1-08; Ord. No. 2011-980, §§2, 3, 11-15-11)

(a) Any person taking title to a rental residential dwelling shall be the holder of the registration held by the prior owner for thirty (30) days after the transfer of title is recorded in the Wake County Registry or otherwise becomes legally binding. Upon the expiration of the thirty (30) day period a new registration shall be required. (b) The owner of a registered dwellingshall update annually the information previously provided, or sooner as required by the Director of the Inspections Department. (Ord. No. 2008-415B, §1, 7-1-08; Ord. No. 2011-980, §4, 11-15-11)

(a) The ownershall respond to each department making contact, either in person or by telephone, within two (2) business days after being contacted at the telephone number provided in the application or renewal application by the Raleigh Police Department, the Fire Department, or the Inspections Department. The ownershall designate an alternate person as responsible for responding to calls for assistance from the Raleigh Police Department, the Fire Department, or the Inspections Department when the department is unable to be in contact with the owner within two (2) business days of the initial contact. The designated alternate must be located in the City or within twenty-five (25) miles of the City's planning jurisdiction and be authorized by it to respond to calls. The designation shall be effective only when the responsible person is identified and agrees to accept the duty by signature on the application or renewal application. (b) The ownershall maintain a current list of occupants. Upon request, by City inspectors, police, and fire and emergency response personnel investigating violations or potential violations of the City Code or State law, the ownershall present the list of occupants to the investigating personnel. (c) The Public Utilities Department shall not provide water service to a vacant rental residential dwelling which is not registered in compliance with this article. (Ord. No. 2008-415B, §1, 7-1-08)

(a) Any person required by this article to register a rental residential dwelling who files a complete application for registration within ten (10) days following notice from the Inspections Department that this article applies to the dwellingshall be deemed compliant with this article unless and until the application is denied. (b) It shall be unlawful to rent, to receive rental income from, or to offer for rent a dwelling subject to the registration requirements of this article beginning ten (10) days after service of notice by the Inspections Department that registration is required under this article unless a complete application for a §12-2177 registration has been submitted for the dwelling. (c) Any mortgagee of record, not otherwise defined as an owner, shall be deemed compliant with this article unless and until the other owners of the rental residential dwelling fail to comply with the registration requirement of this article. A mortgagee of record, not otherwise defined as an owner, shall not be liable for civil penalties or administrative fees in excess of the liability of the other owners. (Ord. No. 2008-415B, §1, 7-1-08)

(a) Civil penalties. (1) Any person who shall rent, or offer for rent, a rental residential dwelling without first applying for and registering the dwelling as required in §12-2177shall be subject to a civil penalty as follows: (a) Fifty dollars ($50.00) for a first violation, and each continuing day of noncompliance following written notice thereof shall result in the assessment of an additional civil penalty of fifty dollars ($50.00) per day; (b) One hundred dollars ($100.00) for a second violation, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred dollars ($100.00) per day; (c) The maximum civil penalty for any calendar month shall not exceed two thousand dollars ($2000.00). (b) Equitable remedies, including injunctions. As authorized by the City Council, the Citymay apply to the courts for any appropriate equitable remedy to enforce the provisions of this article, including mandatory or prohibitory injunctions commanding the party to correct the unlawful condition or cease the unlawful use of the business. (c) Not a criminal violation. Any person violating any of the provisions of this article shall be subject to the civil penalties and permit revocations set forth. Any violation of this article shall be deemed a non-criminal violation and shall not be a misdemeanor or infraction pursuant to G.S. 14-4 or §14-1005(a) of this Code of Ordinances. (Ord. No. 2008-415B, §1, 7-1-08)

Any owner served with notice or an order under the provisions of this article, including denial of a request pursuant to §12-2177, may appeal the notice or order in the following manner: (1) An appeal must be filed in writing with the Director of the Inspections Department within thirty (30) days after service of the written notice or order of the Director of the Inspections Department on the petitioner. The written appeal shall identify the application of the article at issue and provide the reasons the petitioner contends that it was wrongly applied and any supporting documentation. (2) Unless the Director of Inspections decides to allow the requested relief based on the appeal request, the Director of the Inspections Department shall send each appeal request to arbitration. The Director of Inspections and the appealing party shall select an arbitrator from the Wake County District Court list of arbitrators. The arbitration shall be conducted, to the extent practicable, in accordance with the Supreme Court Rules for Court-Ordered Arbitration in North Carolina. The arbitrator shall be paid a fee equal to the maximum fee specified in such Rules. The arbitrator shall consider both the applicable code provisions and equitable factors in resolving the appeal. If the person who files an appeal of a notice that a dwelling is qualified as a "rental residential dwelling" pursuant to §12-2177 shows that the owner did rent the dwelling while it was not registered, the arbitrator may reverse the order. (3) An appeal may be taken from any decision of arbitrator by giving notice of appeal to the City Council within thirty (30) days after service of the written decision of the arbitrator. Notice of appeal shall be given by delivery of a written statement to the City Manager stating the grounds for the appeal and providing the City Manager with a copy of the written decision of the arbitrator. The written appeal shall identify the application the article at issue and provide the reasons the petitioner contends that it was wrongly applied. The Director of the Inspection Department shall transmit to the City Manager all documents constituting the record upon which the decision by the arbitrator was made. (4) The City Councilshall fix a reasonable time for the presentation of oral arguments by the parties and shall give due notice to the petitioner and the City Manager. After consideration of the arbitrator's decision, including any equitable factors applied by the arbitrator, and the record of the proceeding, the City Councilshall issue a written determination, within a reasonable time, stating whether the disputed application of the article will be approved without change or modified or reversed. (5) All decisions of the Director of the Inspections Department and City Councilshall be served on the petitioner. (Ord. No. 2008-415B, §1, 7-1-08)

Any person who files an appeal shall pay an administrative fee of two hundred ($200.00) to the City at the time the appeal request is made. Failure to pay the administrative fee shall cause the appeal to be denied. The person who filed the appeal shall be responsible for paying one-half of the costs of the arbitration fee. If the person who appeals is the prevailing party, the administrative fee and the portion of the arbitration fee shall be reimbursed. (Ord. No. 2008-415B, §1, 7-1-08)

(a) Notices, orders or other documents issued pursuant to this article shall be served upon persons either personally or by first class regular mail. Service shall be deemed sufficient if regular mail is not returned by the post office within ten (10) days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected. (b) If the identities of any owners or whereabouts of persons are unknown and the same cannot be ascertained by the Inspections Department in the exercise of reasonable diligence, or if the owners are known but have refused to accept service by registered or certified mail, and the Inspections Department shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint or order upon such owners or personsmay be made by publication in a newspaper having general circulation in the City at least once no later than time at which personal service would be required under this article. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. (Ord. No. 2008-415B, §1, 7-1-08)

Nothing in this article shall authorize or condone any violation of Federal, state, and City fair housing laws and state landlord and tenant laws. This article shall not diminish any private right of action of any person. (Ord. No. 2008-415B, §1, 7-1-08)

The presence of animals at large, stray animals, nuisance animals, and diseased animals within the corporate limits of the City is hereby declared to be a public nuisance. Such animals are a threat to the health of the community and to the safety of persons and property alike. In order to abate and control this nuisance, there is hereby created within the Police Department of the City an animal control division, to be constituted and composed of such sworn officers of the Police Department as the Council and the City Manager may determine. (Code 1959, §4-1) Cross reference: Police Department, Part 5, Ch. 1. State law references: Animal shelters, G.S. 160A-493; regulation of wild and domestic animals, G.S. 160A-186, 187.

(a) The animal control division shall be charged with the responsibility of: (1) Seeing that all dogs in the City are adequately inoculated against rabies; (2) Cooperating with the health director and County health officers and assisting in the enforcement of the laws of the State with regard to the control of animals and especially with regard to the vaccination of dogs against rabies and the confinement of vicious dogs; (3) Investigating all complaints with regard to animals covered by this chapter; (4) Making such canvasses of the City, including the homes in the City as it deems necessary and practical, for the purpose of ascertaining that all dogs are vaccinated against rabies; (5) Enforcing within the City all of the State laws and City ordinances for the care, control and custody of animals covered by this chapter. (b) Except as may be otherwise provided by statute or local law or ordinance, no officer, agent or employee of the municipality charged with the duty of enforcing the provisions of this chapter or other applicable law shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties. (Code 1959, §4-2; Ord. No. 1991-850, §1, 10-1-91; Ord. No. 2012-59, §1, 6-5-12, eff. 1-1-13)

(a) In the performance of their duties, members of the division shall have the power, authority and immunity of peace officers as described in G.S. 15-41 and 160A-285, but only in regard to enforcing the provisions of this Code and the General Statutes of North Carolina which relate to the care, treatment and impounding of animals and making arrests for violations of such provisions. As members of the division shall only have that limited authority described in this section, a member shall not be considered a "policeman" for purposes of the Code relating to the policemen's and firemen's special relief fund, and shall not be eligible for benefits thereunder. (b) Each member of the division, while performing his respective duties, shall wear a badge of a size and design to be determined by the Chief of Police. (c) Notwithstanding the prior provisions of this section, members of the division shall not and are not hereby authorized to carry on their persons any firearms of any kind unless specifically authorized by the Chief of Police. However, members of the division may store at animal shelters or carry in department vehicles, firearms approved for use by the Chief of Police and use such firearms when necessary to enforce sections of this chapter or other applicable law for the control of wild, vicious, diseased or potentially dangerous animals when the officer in charge of the animal control division deems the action necessary. (Code 1959, §4-3)

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: Adequate feed. The provision of and access to food that is sufficient in quantity, prepared and provided so that the animal can consume it, and provided in a manner that is sanitary for the animal. Adequate shelter. Shelter which will keep any non-aquatic domesticated animals protected from extreme weather, dry, out of the direct path of winds, and out of the direct sun by means of artificial or natural shade. Shelter shall be adequate when access to shelter meets all of the following requirements: (a) Is constructed of solid wood or weather resistant material, with solid walls on all sides, that is wind and moisture proof, with a dry floor raised at least four (4) inches above the ground, a solid, water-proof roof sloped away from the entrance to protect from weather and extreme cold, a covered entrance by flexible windproof material or a self-closing swinging door; (b) With suitable bedding (hay, straw, cedar shavings, blankets, or the equivalent that is routinely changed to avoid the growth of bacteria) for insulation and protection against cold and damp sufficient for an animal to burrow to promote retention of body heat, (c) Is out of the direct path of wind; (d) Is free of waste or debris; (e) Gives the animal the ability to walk, stand, turn and lie down comfortably; and (f) With drainage to eliminate excess water and moisture, protection from rain, sleet, snow, hail and the adverse effects of heat and cold. Adequate water. A constant access to clean, fresh water provided in a sanitary manner. During extreme cold advisories, the water must be changed frequently to prevent freezing and must be in a non-metal container. During heat advisories, the water must be changed frequently and served in a no-tipping, non-metal container to prevent heat-related injuries or death. Animal at large. Any animal off the premises of its owner and not under sufficient physical restraint such as a leash, cage, bridle, or similarly effective device allowing the animal to be controlled. For purposes of this article, voice command is not recognized as sufficient physical restraint. This definition does not apply to any areas in City parks that have been delineated by the City Council as dog exercise and play areas. Any such areas so designated shall be securely separated from the rest of the park by a physical barrier sufficient to prevent any animal from leaving the area unless under its owner's restraint and control. Animal control shelter. Any holding or other facility designated by the City Council for the detention of animals. Animal control warden. A person designated as such to perform duties described by this chapter. Animal under restraint. Any animal confined within a vehicle, confined within the real property limits of its owner or secured by leash or lead. Anti-climber. A device consisting of angled metal braces and barbed wire, which wire is stretched between each angled metal brace, all of which is attached to the top of a fence. The wire shall be at least three (3) strands, separated evenly, the furthest being no less than eighteen (18) inches from the top of the fence. It shall extend inwards at an angle of not less than forty-five (45) degrees, nor more than ninety (90) degrees, measured from perpendicular or, in lieu of barbed wire, an electrically charged wire attached to the top of the fence. Cattery. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds or grooms cats. Dangerous dog. Any dog that the animal control division has determined: has killed or inflicted serious injury on a person without provocation; is owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; has inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; has killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or has approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack. This definition shall not apply to a dog that has been subject to provocation nor shall it apply to any dog responding to a trespass upon the animal owner's premises, if the victim is the trespasser. Provocation must be clearly established. Dangerous wild animal. Any non-domesticated animal, which is normally found in the wild state, is inherently dangerous to person or property, and which generally does not live in or about the habitation of humans, including but not limited to lions, tigers, leopards, cougars, jaguars, cheetahs, wolves, non-human primates, medically significant venomous snakes, crocodilians, and any hybrid or crossbreed of such animals. Where the City is preempted by Federal or State law from exercising its power to regulate dangerous wild animals as herein defined, this definition shall not apply for purposes of enforcement of this chapter. Domesticated animal. An animal such as is accustomed to live in or about the habitation of men, including but not limited to cats, cows, dogs, fowl, horses, and domesticated wild animals. This definition does not include hogs, pigs, swine, or any other member of the Suidae family if the animal weighs more than one hundred (100) pounds or is more than twenty-two (22) inches high when measured at the shoulder and the definition does not include any member of the Ursidae or Felidae families of the Carnivora order if the animal weights more than thirty-five (35) pounds. No more than two (2) hogs, pigs, swine or other Suidae allowed by the above criteria shall reside or be maintained at any dwelling unit or at any non-residentially zoned parcel. Extreme weather. Weather below 40-degrees Fahrenheit or when conditions are present not limited to snow, wind, rain, ice, sleet or hail and it is reasonable to know that it poses an adverse risk based on the animal's size, age, physical condition, or thickness of the animal's hair or fur. Weather above 80-degrees Fahrenheit or exposure to direct sunlight or hot pavement, or any other hot surfaces when it is reasonable to know that it poses an adverse risk based on the animal's size, age, physical condition, or thickness of the animal's hair or fur. Additionally, when a freeze, heat, hurricane, tropical storm or tornado warning has been issued by the National Weather Service and the temperatures that are forecasted by the warning are present. Holding facility. Any pet shop, kennel, cattery, or combination thereof. Inoculation or inoculation against rabies. These terms shall mean the vaccination or inoculation of a dog or a cat with an antirabic vaccine approved by the United States Bureau of Animal Industry, the North Carolina State Department of Agriculture and the North Carolina State Board of Health and/or the local health director, as defined in G.S. 106-364(2). Kennel. A commercial establishment wherein any person, for profit, buys, sells, boards, breeds, grooms, lets for hire, or trains for a fee, dogs. This shall not include the ownership of dogs which are not a part of the household or which are maintained adjoining a private residence for hunting, tracking practice, exhibition, or the guarding or protection of the owner's property when no more than five (5) dogs per year are sold by such owner; provided, that all dogs trained or sold for attack and security shall be trained by a trainer licensed pursuant to this chapter. Medically significant venomous snake. A medically significant venomous snake means a venomous or poisonous species whose venom or toxin can cause death or serious illness or injury in humans that may require emergency room care or immediate care of a physician. Owner. Any person owning, keeping, harboring, possessing, or acting as custodian, however temporarily, of an animal; provided, however, that a person having temporary custody or possession of an animal for the sole purpose of turning over such animal to a member of the animal control division or other peace officershall not be deemed the owner of the animal. Pet. A domesticated animal kept for pleasure rather than utility. Pets include, but are not limited to, birds, cats, dogs, fish, hamsters, mice, reptiles, domesticated wild animals and other animals associated with man's environment. Pet shop. A commercial establishment, which offers for sale two (2) or more species of live animals with the intent that they be kept as pets. Provocation. Conduct or actions on the part of any person or animal that is likely to arouse a violent or aggressive response by an animal. This term does not include any action on the part of an individual or animal that pertains to reasonable efforts of self-defense. Public nuisance animal. Any animal or group of animals which: (a) Is repeatedly found at large. (b) Damages the property of anyone other than its owner. (c) Is vicious. (d) Causes fouling of the air by odors. (e) Causes unsanitary condition of enclosures or surroundings. (f) By virtue of number or type is offensive or dangerous to the public health, safety, or welfare. (g) Excessively makes disturbing noises. (h) Is diseased and dangerous to the public health. Serious injury. Physical injury that results in broken bones, disfiguring lacerations, or requires cosmetic surgery or hospitalization. Tether Tying out or fastening a dog outdoors on a rope, chain or other line for restraining a dog. The term does not mean the restraint of a dog on an attended leash. Trainer. Any individual who holds himself available to the general public for the purpose of training attack and security dogs. This does not include individuals who are in the business of obedience training only. Vicious animal. Any animal which constitutes a physical threat to human beings or other animals by virtue of attacks of such number and severity as to cause property damage or physical injury. Weekdays. Monday through Saturday inclusive, excluding local, state and national legal holidays. (Code 1959, §4-4; Ord. No. 1980-502, §1, 10-21-80; Ord. No. 1996-833, §1, 2-20-96; Ord. No. 2000-843, §1, 7-18-00; Ord. No. 2003-400, §1, 3-18-03; Ord. No. 2009-552, §1, 3-3-09, eff. 7-1-09; Ord. No. 2013-157, §1, 2-19-13, eff. 3-1-13; Ord. No. 2016-552, §§1—5, 3-1-16, eff. 3-15-16 ; Ord. No. 2020-114 , §1, 7-7-20; Ord. No. 2022-395 , § 1, 7-5-22)

(a) The area embraced within the corporate limits of the City and all land owned or leased by the City outside the corporate limits is hereby designated as a bird sanctuary. (b) It shall be unlawful intentionally to trap, hunt, shoot, or otherwise kill, within the sanctuary hereby established, any native wild bird; provided, it shall be lawful to trap starlings or similar birds or fowl specifically declared a nuisance by the City Council when such birds or fowl are found to be congregating in such number in a particular locality that they constitute a nuisance or a menace to health or property. (c) The bird clubs of the City are hereby granted permission to erect artistic signs, giving notice of the regulations therein provided, at such places and of such design as may be approved by the City Manager. (Code 1959, §4-5) State law reference: Bird sanctuary establishment, G.S. 160A-188.

It shall be unlawful for any person to sell or offer for sale, or permit to be sold or offered for sale, within the corporate limits of the City, baby chickens, baby ducklings, or baby rabbits less than six (6) weeks of age; provided, this section shall not apply to hatcheries raising chickens or ducks expressly for the broiler market or for sale to farms. (Code 1959, §4-6)

It shall be unlawful for the owner of any domesticated animal to allow such animal to be at-large within the corporate limits of the City or on any City property. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §4-7; Ord. No. 1982-941, §1, 7-20-82; Ord. No. 2009-552, §2, 3-3-09, eff. 7-1-09; Ord. No. 2020-114 , §2, 7-7-20; Ord. No. 2022-339 , §44, 2-15-22)

(a)Inoculation. It shall be unlawful for an owner to fail to provide current inoculation against rabies (hydrophobia) for any dog or cat four (4) months of age or older. A rabies inoculation shall be deemed current for a cat if the inoculation has been given within the preceding twelve (12) months. A rabies inoculation shall be deemed current for a dog if two (2) inoculations have been given one year apart and booster doses of rabies vaccine administered every three (3) years thereafter. State law reference: Rabies vaccination, G.S. 130A-185. (b)Proof of inoculation. (1) Any person inoculating an animal against rabies shall issue to the owner of the animal inoculated a numbered metallic tag, stamped with the number and the year for which it is issued, and indicating that the animal has been inoculated against rabies. (2) The metal inoculation tag shall be securely fastened to the dog's choke chain collar or harness and it shall be unlawful for the owner of a dog to allow such dog to be within the City without the inoculation tag. (3) Cats shall not be required to wear the metallic inoculation tag, but the owner of a cat shall maintain the tag or the rabies vaccination certificates as written evidence to prove the cat has a current rabies inoculation. (Ord. No. 1980-502, §2, 10-21-80) State law reference: Rabies vaccination tags, G.S. 130A-190.

(a) All dogs and cats shall be given adequate feed, adequate water and adequate shelter. (b) Animals housed under the following conditions shall not constitute adequate shelter: (1) Underneath outside steps, decks and stoops; or (2) Inside of vehicles; or (3) Underneath vehicles; or (4) Inside metal or plastic barrels or cardboard boxes; or (5) Rooms, sheds or other buildings without windows or proper ventilation. (Ord. No. 2003-411, §1, 3-18-03)

(a) An owner or custodian shall not leave an animal outdoors without human accompaniment or adequate shelter for more than fifteen (15) minutes during periods of extreme weather, unless the age, condition, and type of each animal allows the animal to withstand extreme weather. (b) It shall be unlawful for any person to keep a domesticated animal unattended within the passenger compartment of an automobile during extreme weather conditions or when it is reasonable to know that it poses an adverse risk based on the animal's size, age, physical condition, or thickness of animal's hair or fur. (Ord. No. 2020-114 , §5, 7-7-20)

(a) It shall be unlawful for the owner of any dog to allow such animal to be at large in the City or on any City property. (b) It shall be unlawful for any person owning, harboring, keeping, or in charge of any dog to fail to remove feces deposited by the dog on any street, sidewalk, park or other publicly owned area. (c) It shall be unlawful for any person owning, harboring, keeping, or in charge of any dog to fail to remove feces deposited by the dog on any private property unless the owner of the property has given permission allowing such use of the property. (d) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §4-8; Ord. No. 1979-184, 8-21-79; Ord. No. 1982-941, §2, 7-20-82; Ord. No. 1984-307, §2, 3-20-84; Ord. No. 2022-339 , §44, 2-15-22)

Every female dog, while in heat, shall be confined in a building or secure enclosure in such manner that she will not be in contact with another dog, nor create a nuisance by attracting other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal being bred. (Code 1959, §4-9)

(a) No person shall tether a dog to a tree, fence, post, dog house, or other stationary object for more than three (3) hours total in a twenty-four (24) hour period. Any device used to tether shall be at least ten (10) feet long and attached in such a manner as to prevent strangulation or other injury to the dog and entanglement with other objects. A cable trolley system may be used to tether for the allowed period so long as the stationary cable is at least ten (10) feet long and the dog can perpendicularly move at least ten (10) feet away from the stationary line. The line should be attached to the dog with a buckle type collar or a body harness. The device used to tether shall weigh no more than ten (10) percent of the dog's body weight and must allow the dog access to adequate food and water. In addition to being a misdemeanor, a violation of this section is subject to a civil penalty of one hundred dollars ($100.00) per day for each day of violation. (b) Any dog that is confined in the manner described in this section shall have access to adequate shelter as herein defined to include periods of extreme weather. (Ord. No. 2020-114 , §3, 7-7-20)

Secs. 12-3014—12-3020. RESERVED.

(a)Prohibited generally; exceptions. It shall be unlawful to own, keep, or harbor a public nuisance animal within the City. Provided, however, it shall not be unlawful to own or keep a dog of vicious tendencies for the protection of persons or property, if such dog is securely confined in a manner not to expose it to the general public. This exception for dogs of vicious tendencies does not extend to dogs which excessively make disturbing noises. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (b)Complaint and notice. Upon receipt of a written detailed and signed complaint being made to the animal control division of the Police Department by any resident or residents that any person is maintaining a public nuisance as defined in §12-3004 of this chapter, the Chief of Police shall cause the owner of the animal or animals in question to be notified that a complaint has been received and shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing by the investigating animal control officer. (c)Abatement. If the written findings of the investigating officer indicate that the complaint is justified, then the Chief of Police shall cause the owner or keeper of the animal or animals in question to be so notified in writing, by registered mail, return receipt requested, ordered to abate such nuisance within seven (7) days after notification, and issued a citation for the violation. In the event the owner of the animal or animals is unknown and cannot be ascertained, the notice and order, along with a general description of the animal or animals shall be published within a local newspaper. (d)Impoundment upon failure to abate. If any person receiving notice in the manner hereinabove described shall fail or refuse to abate the nuisance upon order of the Chief of Police within the specified time, the Police Chief may cause the animal or animals in question to be apprehended and impounded in accordance with the provisions of Article E of this chapter. (e)Right of appeal. Within the seven-day period mentioned in subsection (c) above, the owner of the nuisance animal may appeal the findings of the Chief of Police to the City Manager by giving written notice of appeal to the Chief of Police, the appeal to stay the abatement of the nuisance until a final determination by the City Council. (f)Redemption; destruction. If the ownershall so request, the animal or animals may be redeemed pursuant to the provisions of §12-3064 and upon the further condition that the owner execute a written agreement to comply with the abatement order. If no redemption and execution is made by the owner within the time specified under §12-3063, then the animal shall be disposed of in accordance with the provisions of §12-3065 hereunder. (Code 1959, §4-13; Ord. No. 1984-307, §4, 3-20-84; Ord. No. 2022-339 , §45, 2-15-22)

(a) When a dog has been determined to be a dangerous dog by the animal control division it shall be unlawful for the owner to: (1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog. Any secure enclosure or locked pen shall be constructed in such a manner that a dog cannot escape by means of digging under or jumping over the enclosure or pen, or otherwise becoming free unless freed by the owner; (2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled. Voice command is not recognized as secure restraint under this article. (b) If the owner of a dangerous dog transfers ownership or possession of the dog to another person, the ownershall provide written notice to: (1) The animal control division of the City of Raleigh, stating the name and address of the new owner or possessor of the dog; and (2) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the fact that the animal control division of the dog has been determined dangerous. (c) A dog that has been determined dangerous and subsequently is found at large will be impounded for not less than five (5) days at the owner's expense. If all reasonable attempts to seize the dangerous dog are unsuccessful, the animal control division or the police department may humanely tranquilize and seize the animal, without prior notice to the owner. (Ord. No. 2013-157, §2, 2-19-13, eff. 3-1-13; Ord. No. 2016-552, §7, 3-1-16, eff. 3-15-16 )

(a) A request for appeal of a determination that a dog is dangerous must be made in writing and filed with the City Clerk within five (5) business days of the action or decision complained of and must state with particularity the grounds of the appeal. An appeal hearing shall be conducted by the City Manager or his designee. (b) The City Manager or his designee shall render a decision within three (3) business days of the hearing. (c) The decision of the City Manager or his designee is subject to appeal in Superior Court in the nature of certiorari. Any and all sanctions or penalties imposed and upheld by the City Manager or his designee shall be enforceable during the pendency of any appeal. (d) If the decision is in favor of the owner, efforts to implement the sanction(s) shall cease. Decisions rendered by the City Manager or his designee apply only to the violation(s) and sanction(s) appealed and do not prevent the animal control division from enforcing subsequent violations of the same provision or any other provision. ( Ord. No. 2016-552, §8, 3-1-16, eff. 3-15-16 )

Notwithstanding any other provision of this Chapter, any animal that is determined to be dangerous or who is attacking a human being or pet and that cannot be seized, retrieved, humanely trapped, or tranquilized through reasonable means may be summarily destroyed, if such destruction is necessary for the protection of life or property or for the public health and safety. ( Ord. No. 2016-552, §8, 3-1-16, eff. 3-15-16 )

(a)Bites Unlawful. It shall be unlawful for an animal to bite a human being who does not ordinarily reside on the premises of the animal unless the animal has been subject to provocation, or unless the victim was trespassing at or near the time of the bite. (b)Reporting Bite. It shall be unlawful for a person to fail to report to animal control as soon as possible that an animal has bitten a person. It shall be unlawful for any person to fail to inform the animal control division of the location to which an animal that has bitten a human being has been taken if the owner has given the animal away, or caused in any way the animal to be taken from the owner's premises. ( Ord. No. 2016-552, §8, 3-1-16, eff. 3-15-16 ) Secs. 12-3026—12-3030. RESERVED.

It shall be unlawful for any person to locate or place, erect or maintain on any property within the corporate limits of the City, a stable for housing cattle, non-pygmy goats, or horses unless such stable is located at least two hundred (200) feet from all neighboring residences. Not more than one head of cattle, one non-pygmy goat or one horse may be kept on a lot less than one acre. A pygmy goat is defined as a goat classified as Capra Hircus and weighing no more than eighty-five (85) pounds and standing no higher than twenty-one (21) inches when measured at the withers. For lots dimensioned one acre and no more than five (5) acres in size, a maximum of three (3) head of cattle, or three (3) goats, or three (3) horses per acre may be kept. More than three (3) head of cattle, three (3) goats, or three (3) horses per acre, but not more than ten (10) head of cattle, or ten (10) goats, or ten (10) horses per acre may be kept on lots containing more than five (5) acres. Every part of a lot set aside for the use of cattle, goats or horses shall be completely enclosed. Stables used for housing cattle, goats, or horses shall comply with all local zoning ordinances and shall be constructed and maintained in conformity with the requirements of the Wake County Board of Health. (Code 1959, §4-14; Ord. No. 1982-47-TC-173, §1, 12-21-82; Ord. No. 2012-108, §1, 10-2-12)

Before any personshall locate, erect or place any stable on any lot within the corporate limits of the City, he shall make application to the Wake County Health Department and the City Inspection Division. Such permits may be issued, upon compliance with this chapter and with standards and procedures of those agencies. (Code 1959, §4-15)

The Wake County Health Department and City Inspection Division, upon complaint or otherwise, may after investigation notify the owner or person controlling any stable who has violated any health requirement or provision of this chapter, to remove or relocate the stable so that the same shall conform to the applicable health regulations and requirements of this chapter. Such stable owner or controller shall thereupon bring his stable into compliance or vacate and remove the same within five (5) days after the receipt of such notice. (Code 1959, §4-16)

Every person owning or controlling any stable or stable yard in the City on a lot less than one (1) acre in size shall provide and maintain, in connection therewith, a bin or pit which is watertight, flyproof and otherwise constructed and maintained so as to prevent the entrance or egress of flies and so as to be easily emptied and cleaned. All droppings, manure, and other refuse accumulating each day shall be placed in such containers; and the accumulation must be sterilized each day. Authorized agents of the Citymay immediately remove the contents and assess the actual and reasonable costs of such removal to the owner, upon discovering fly maggots in any such receptacle. (Code 1959, §4-17)

All pet shops, as defined herein, including pet shops run in conjunction with another holding facility, shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Willful failure of the owner or operator to meet these standards shall be grounds for denial or revocation of a license and shall be unlawful. Standards. (a)Water. There shall be available hot water at a minimum temperature of 140 degrees for washing cages and disinfecting them, and cold water easily accessible to all parts of the shop. Fresh water will be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be mounted so the animal cannot turn them over, and be removable for cleaning. (b)Room temperature. The room temperature of the shop shall be maintained at a level that is healthful for every species of animal kept in the shop. (c)Cages and enclosures. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that any animal will have room to stand, turn, and stretch out to his full length. (d)Feeding. All animals under three (3) months old are to be fed at least three (3) times per 24 hours. Food for all animals shall be served in a clean dish so mounted that the animals cannot readily tip it over or defecate or urinate therein. (e)Birds. Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day and cages must be disinfected when birds are sold. Parrots and other large birds shall have separate cages from smaller birds. (f)Bedding. There shall be sufficient clean, dry bedding to meet the needs of each individual animal. (g)Fish. The temperature of water in which fish are kept shall be maintained at a constant temperature that is healthful. (h)General feeding, watering, sanitation requirements. All animals must be fed, watered and cages cleaned every day, including Sundays and holidays. (Code 1959, §4-18)

All kennels, as defined herein, shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Willful failure of the owner or operator to meet these standards shall be grounds for denial or revocation of a license and shall be unlawful. Standards: (a)Building temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting. Healthful building temperatures shall be maintained. (b)Cages and runs. Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. Cages are to be of material and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding. Runs shall provide an adequate exercise area and protection from the weather. Runs shall have an impervious surface. All animal quarters and runs are to be kept clean, dry and in a sanitary condition. (c)Feeding. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (d)Watering of animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be of the removable type. (Code 1959, §4-19)

All trainers as defined herein, shall, in addition to the other requirements of this chapter, comply with the standards of this section, whenever any dog is being or is to be trained as an attack and security dog. Willful failure of the trainer to comply with these standards shall be unlawful and shall be grounds for denial or revocation of a license. Standards: (a)Fencing of runs. Runs must have at least six (6) foot high fences completely surrounding them. (b)Locking of gates and entrances. All gates and entrances to the runs, kennel, and training area must be kept locked when not in use. (c)Perimeter fences; anti-climbers. A perimeter fence of at least six (6) feet high must be installed to encircle the training and kennel areas to which are to be added anti-climbers. Fences must be maintained in escape-proof condition. (d)Confinement of dogs. A dog in training as an attack and security dog shall at all times be confined to its kennel, run, training, or other confined area. (Code 1959, §4-20)

The standards for catteries, as defined herein, shall be the same as those required for kennels as defined and prescribed above. The word "cat" shall be substituted for the word "dog" when applying kennel standards to catteries. (Code 1959, §4-21)

Any animal in a holding facility which shows signs of illness or contagious disease shall be isolated in such manner as to prevent the spread of such illness or disease to other animals. All sick, diseased or injured animals in such facilities shall be provided appropriate veterinary care; and areas where said animal has been shall be decontaminated. All holding facilities shall, in addition to complying with other applicable provisions of this chapter, provide for healthy and comfortable temperatures, in accordance with the age and species of animals, in areas outside building where animals are kept. (Code 1959, §4-22)

It shall be unlawful for any person to operate a pet shop in the City without possessing a valid pet shop license. (Code 1959, §4-23)

An application for a pet shop license shall be on a form provided by the City and shall state the name and address of the pet shop, its owner and its operator. (Code 1959, §4-24)

The annual license fee for a pet shop shall be imposed pursuant to the provisions of Part 2, Chapter 2 of this Code relating to merchants. Pet shop licensees shall be required to obtain a separate license for each other holding facility operated on the same premises as the pet shop. (Code 1959, §4-25)

(a) It shall be unlawful for any person to operate a kennel in the City without possessing a valid kennel license. (b) Veterinary hospitals or clinics, research facilities where bona fide medical or related research (dental, veterinary, pharmaceutical or biological) is being conducted, humane shelters, and other animal establishments operated by state or local governments or which are licensed by Federal law are excluded from the kennel licensing requirements of this chapter. (Code 1959, §4-26)

An application for a kennel license shall be on a form provided by the City and shall state the name and address of the kennel, its owner and its operator, and the maximum number of dogs to be housed in the kennel. (Code 1959, §4-27)

(a) The annual license fees for kennel operators shall be imposed pursuant to the provisions of Part 2, Chapter 2, Article B, of this Code. (b) The fee requirements of this section shall be waived if the applicant has been granted a cattery license where the cattery is authorized to house the same number or less cats as dogs applied for by the applicant. If the application is for authorization to house more dogs than the applicant is authorized to house cats under a cattery license, the difference in license fees shall be the amount of the annual fee. (Code 1959, §4-28)

It shall be unlawful for any person to train in the City any dog to be used as an attack and security dog without possessing a valid attack and security dog trainer's license; provided, this section shall not apply to the City government or any of its agencies. (Code 1959, §4-29)

An application for an attack and security dog trainer's license shall be on a form provided by the City and shall state the name and address of the trainer's locality, its owner and its trainer and the maximum number of dogs housed and trained in the trainer's facility. (Code 1959, §4-30)

The fee for attack and security dog trainer's license shall be imposed pursuant to the provisions of Part 2, Chapter 2, Article B, of this Code. The license fee shall be in addition to any kennel license fee required under this chapter. (Code 1959, §4-31)

It shall be unlawful for any person to operate a cattery in the City without possessing a valid cattery license. (Code 1959, §4-32)

An application for a cattery license shall be on a form provided by the City and shall state the name and address of the cattery, its owner and its operator, and the maximum number of cats to be housed in the cattery. (Code 1959, §4-33)

(a) The annual fee for a cattery license shall be imposed pursuant to the provisions of Part 2, Chapter 2, Article B of this Code. (b) The fee requirements of this section shall be waived if the applicant has been granted a valid kennel license where the kennel is authorized to house the same number or less dogs as cats applied for by the applicant. If the application is for authorization to house more cats than the applicant is authorized to house dogs under a valid kennel license, the difference in license fee shall be the amount of the annual fee. (Code 1959, §4-34) Secs. 12-3052—12-3060. RESERVED.

Domesticated animals may be impounded when found at large. (Code 1959, §4-35)

Upon impounding an animal with an identification tag, the animal control warden shall cause a prompt and reasonable effort to be made to locate and notify the animal's owner. (Code 1959, §4-36)

(a) Domesticated animals, other than dogs, shall be impounded for no less than five (5) weekdays. Such animals shall be impounded in a humane manner. (b) Dogs shall be impounded for no less than five (5) weekdays. Such animals shall be impounded in a humane manner. (Code 1959, §4-37; Ord. No. 2012-59, §3, 6-5-12, eff. 1-1-13)

(a) The owner of an impounded animal shall be entitled to redeem such animal, except as provided in this article, upon the payment of all redemption fees, and upon furnishing proof of ownership. Any dog or cat redeemed which has not been inoculated against rabies shall be so inoculated within two (2) weekdays of redemption, and failure of the owner of the dog or cat to cause the dog or cat to be so inoculated shall be unlawful. (b) Redemption fees as provided in this section shall be ten dollars ($10.00) for each animal and the expense incurred for feeding and sheltering. The redemption fee for an animal which has once previously been impounded within the last six (6) monthsshall be fifteen dollars ($15.00) and feeding and sheltering expenses. The redemption fee for an animal which has previously been impounded more than once within six (6) monthsshall be thirty dollars ($30.00) and feeding and sheltering expenses. (Code 1959, §4-38; Ord. No. 1980-502, §3, 10-21-80; Ord. No. 1988-212, §1, 7-5-88; Ord. No. 2012-59, §4, 6-5-12, eff. 1-1-13)

At the end of the minimum time period indicated herein, unclaimed animals shall be deemed abandoned and shall be disposed of in a humane manner. (Code 1959, §4-39)

When, in the judgment of the person in charge of impoundment facility, it is determined that any impounded animal should be destroyed for humane reasons, or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein. (Code 1959, §4-40)

In addition to the requirements for securing a dangerous dog in accordance with §12-3011, all fierce, dangerous or vicious animals, including dogs that have a history of unlawful biting of humans, shall be confined by the owner within a building or secure enclosure or by the animal control warden in the animal control shelter. Such animals shall not be released from confinement unless securely muzzled. (Code 1959, §4-41; Ord. No. 2016-552, §9, 3-1-16, eff. 3-15-16 )

The Solid Waste Services Director, upon request of any person, or otherwise, may pick up and dispose of any animal carcass within the area of his jurisdiction. When the owner of an animal, the carcass of which is disposed of by a public agency, can be identified, he shall be billed for the cost of the disposition. (Code 1959, §4-42; Ord. No. 1998-454, §19, 11-4-98)

(a) Any violation of this chapter is both a civil offense and a misdemeanor criminal offense. The fine for a criminal violation of this chapter shall be up to five hundred dollars ($500.00) or larger if allowed by G.S. 14-4. Misdemeanor violations shall be enforced by the issuance of citations or by arrest according to the same procedures used for other criminal violations. (b) The first violation of this chapter shall subject the violator to a civil penalty of one hundred dollars ($100.00); the second violation during a twelve-month period shall be subject to a one hundred fifty dollar ($150.00) penalty; the third violation during a twelve-month period shall be subject to a two hundred fifty dollar ($250.00) penalty; the fourth and subsequent violations shall be subject to a five hundred dollar ($500.00) penalty. Civil citations shall be served personally upon the violator by an animal controlofficer, by a member of the Raleigh Police Department, or by any other means authorized for the service of civil process by the North Carolina Rules of Civil Procedure. (c) Failure to pay any license fee established by this chapter will constitute both a civil offense and a criminal misdemeanor. The violator will be subject to the amount of the license fee in addition to the civil and criminal penalties set out in subsection (b) above. A civil collection of the fee will be in the nature of a collection for debt. (d) In the event that no animal has suffered injury or death, a first violation related to the extreme weather provisions of this Chapter shall be subject to a written warning prior to being subject to a civil penalty. (Ord. No. 2003-433, §2, 4-15-03; Ord. No. 2016-552, §10, 3-1-16, eff. 3-15-16 ; Ord. No. 2020-114 , §6, 7-7-20) Editor's note(s)—Ord. No. 2003-433, §1, adopted April 15, 2003, repealed the former §12-3069 which pertained to license tax deemed a debt to City, liability for tax and penalty, and action to recover moneys, and derived from Code 1959, § 4-43; Ord. No. 1977-615, §1, adopted Sept. 6, 1977; and Ord. No. 1984-307, §5, adopted March 20, 1984. Section 2 of Ord. No. 2003-433 enacted a new §12-3069 as set out herein.

Editor's note: Ord. No. 2003-433, §1, adopted April 15, 2003, repealed the former §12-3070 which pertained to notice of violations and derived from Code 1959, §4-44.

Any license provided for in this chapter may be denied on the recommendation of the City administration where the applicant is or would be in violation of any law. (Code 1959, §4-46)

Any holding facility license issued pursuant to this chapter may be revoked on the recommendation of the City administration if the licensee fails to comply with any provisions of this chapter. (Code 1959, §4-47)

Notice of recommendation not to issue a license under this chapter or to revoke a license shall be given to the licensee. Administrative appeals shall be, first, to the Director of Finance and then to the City Manager. An appeal of a decision to recommend the revocation of a license shall suspend the operation of that decision. (Code 1959, §4-48)

It shall be unlawful for any person to use for any dog, attack and security dog training facility, or holding facility, a license receipt, or a rabies inoculation certificate issued to another person, dog, cat, or facility. (Code 1959, §4-49; Ord. No. 1980-502, §4, 10-21-80; Ord. No. 2012-59, §5, 6-5-12, eff. 1-1-13)

(a) Prohibited generally. It shall be unlawful for any person to harbor, possess, keep, maintain, release, transport or have under their control within the City any dangerous wild animal. (b) Exemptions. The provisions in this section shall not apply to the following: AZA-accredited zoos; scientific research laboratories; veterinarians harboring such animals for purposes of providing professional medical treatment; educational or scientific institutions (public and private) in the course of their educational or scientific work; and, wildlife rehabilitators or others with proper State or Federal licenses or permits or wildlife agents in the course of the work for which they are approved by the Wildlife Resources Commission. These exemptions apply only if the animals are maintained in a manner that complies with other applicable State and Federal regulations. (c) Impoundment. Any dangerous wild animal which is harbored, possessed, kept, maintained, released, transported, or controlled by any person in violation of this section shall be taken and impounded by the Animal Control Unit of the Police Department for the protection of the animal, the public or both. (d) Penalties and Reimbursement. Any person who violates this section shall be subject to a civil penalty of $500.00 per animal, as well as reimbursement to the City for all costs incurred while impounding, attempting to recapture, shelter, or euthanize in the event of an escaped dangerous wild animal. Each day of a continuing violation shall constitute a separate offense. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to § 14-1005, through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. 2022-395 , § 2, 7-5-22)

A person in legal possession of a dangerous wild animal prior to September 3, 2022, and who is the legal possessor of the animal may keep possession of the animal for the remainder of the animal's life. The person must maintain veterinary records, acquisition papers for the animal, if available, or other documents or records that establish that the person possessed the animal prior to September 3, 2022, and present the paperwork to an animal control or law enforcement authority upon request. The person shall have the burden of proving that he or she possessed the animal prior to September 3, 2022. Any animals subject to this section shall be registered pursuant to the requirements of § 12-3077. ( Ord. No. 2022-395 , § 3, 7-5-22)

(a) Registration required. A person in legal possession of a dangerous wild animal prior to September 3, 2022, as defined in § 12-3076, shall register said animal with the Animal Control Unit of the Police Department. This requirement does not apply to entities that are listed as exempt under § 12-3075(b). (b) Registration Form and Requirements. The City shall create a registration form with reasonable fee provisions that shall be approved by the City Manager. A person in legal possession of a dangerous wild animal prior to September 3, 2022, shall complete and file a registration form and pay a reasonable fee. The information on the form must include: (1) Name of the person in legal possession of the animal (owner); (2) Address and phone number; (3) Type of animal; (4) Certification that owner is abiding by all local, State, and Federal laws; (5) Proof that owner is at least eighteen (18) years of age; (6) A criminal background check to certify that the owner does not have any felony charges or convictions related to the abuse or neglect of animals; (7) A detailed inventory of animals that includes a description and photograph of each animal to be registered; (8) Documentation of health records; (9) Proof of ownership, such as a bill of sale; (10) For possession of medically significant venomous snakes, certification that the owner does not possess more than ten (10) such snakes; (11) Proof of liability insurance; and, (12) Certification that owner shall immediately report the escape of any dangerous wild animal in its possession. (c) Any person who violates this section shall be subject to a civil penalty of five hundred dollars ($500.00) per animal. Each day of a continuing violation shall constitute a separate offense. Violation of any provisions and the requirements of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to § 14-1005, through injunctive or other equitable relief, or a combination of remedies." ( Ord. No. 2022-395 , § 4, 7-5-22)

Except as provided by this chapter, it shall be unlawful for any pedestrian to consume malt beverages or unfortified wine on any City street and it shall be unlawful for any person to possess an open container of malt beverages or unfortified wine on any property owned, occupied, or controlled by the City. It shall also be unlawful to possess malt beverages and unfortified wine on any street, alley or parking lot which is temporarily closed to regular traffic for a special event unless the permit approved by the City Manager or designee in accordance with the policies set forth in City Council's Special Event Policy closing the street, alley, or parking lot makes other provisions for the possession of malt beverages or unfortified wine. An open container is one whose seal has been broken or a container other than the manufacturer's unopened original container. Notwithstanding the above, the provisions of this section shall not be applicable to any streets or sidewalks located within a social district during the hours of operation of the social district provided that all rules, regulations and laws governing the consumption of alcohol within the social district are adhered to, including but not limited to those set forth in N.C.G.S. 18B-300.1. The provisions of the section shall remain applicable for any property owned, occupied, or controlled by the City that is located within a social district unless that property has been designated by the City as eligible for the consumption of alcohol under the rules of the social district and applicable State law. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to § 14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1995-686, §1, 7-18-95; Ord. No. 2014-343, §14, 9-16-14, eff. 9-21-14 ; Ord. No. 2022-339 , §46, 2-15-22; Ord. No. 2022-399 , § 3, 7-5-22; Ord. No. 2022-401 , § 1, 8-16-22) Editor's note: Ord. No. 1995-686, §1, adopted July 18, 1995, set out provisions repealing the old §12-4001, which pertained to similar subject matter and derived from Code 1959, §6-9; Ord. No. 1978-727, §1, adopted Jan. 21, 1978; Ord. No. 1978-757, §1, adopted April 4, 1978; Ord. No. 1978-810, §1, adopted June 6, 1978; Ord. No. 1982-883, §1, adopted April 6, 1982; Ord. No. 1983-108, §1, adopted May 3, 1983; and Ord. No. 1988-270, §3, adopted Nov. 15, 1988. Cross reference: Beer and wine licenses and taxes, §2-2041et seq. State law reference:G.S. 18B-300(c).

The consumption of malt beverages and unfortified wine, as defined by Chapter 18B of the North Carolina General Statutes, is permitted in Mordecai Square Historic Park, Raleigh Little Theater, Theater in the Park, Lake Wheeler, Lake Johnson, Durant Park, Millbrook Exchange Park, Anderson Point, Walnut Creek Wetland Park, Shelley Lake, Five Points Center for Active Adults, Compiegne Park, Dorothea Dix Park, Fletcher Park, Pullen Arts Center, Pullen Amusement Park, John Chavis Memorial Park, Raleigh City Museum, Nash Square, Moore Square, Joslin Gardens, and Tucker House. Any such consumption shall be allowed only after the Issuance of a permit from the Parks and Recreation Director. The permit can include all or a part of the grounds and buildings of any of the named parks. The permit may be issued only to groups sponsored by the City of Raleigh or groups renting park facilities. The Parks and Recreation Director shall establish and promulgate rules and regulations for the Issuance of any such permits. Consumption of malt beverages and unfortified wine at other parks and consumption of other alcoholic beverages at any park may only be done with the express prior approval of the City Manager. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 2001-961, §2, 3-20-01; Ord. No. 2012-100, §1, 9-18-12; Ord. No. 2014-343, §15, 9-16-14, eff. 9-21-14 ; Ord. No. 2015-502, §1, 10-20-15 ; Ord. No. 2016-607, § 1, 6-21-16 ; Ord. No. 2017-688, §1, 3-21-17 ; Ord. No. 2021-287 , §1, 10-5-21; Ord. No. 2022-339 , §47, 2-15-22) Editor's Note: Ord. No. 2001-961, §1, adopted March 20, 2001, repealed the former §12-4002 which pertained to consumption of malt beverages and unfortified wine in Raleigh Little Theatre Building and derived from Code 1959 §6-10, Ord. No. 1980-509, adopted Oct. 21, 1980; Ord. No. 1983-108, §2, adopted May 3, 1983; and Ord. No. 1989-400, §1, adopted July 5, 1989. Section 3 of Ord. No. 2001-961 provided also for a new §12-4002, as set out herein.

Pursuant to the authority granted by S.L. 2017-87 any establishment located in Raleigh and holding an ABC permit issued pursuant to G.S. 18B-1001 is permitted to sell beverages allowed by its permit beginning at 10:00 a.m. on Sundays. ( Ord. No. 2017-725, §1, 7-5-17 ) Editor's Note: Prior to reenactment by Ord. No. 2017-725, §1, adopted July 5, 2017 , Ord. No. 2001-961, §1, adopted March 20, 2001, repealed the former §12-4003 which pertained to consumption of malt beverages and unfortified wine in Theatre in the Park and derived from Code 1959 §6-11, Ord. No. 1978-757, §2, adopted April 4, 1978; Ord. No. 1983-108, §2, adopted May 3, 1983; and Ord. No. 1989-425, §1, adopted Sept. 5, 1989.

Editor's Note: Ord. No. 2001-961, §1, adopted March 20, 2001, repealed the former §12-4004 which pertained to consumption of malt beverages and unfortified wine in Mordecai Square and derived from Code 1959 §6-12, Ord. No. 1978-810, §2, adopted June 6, 1978; Ord. No. 1983-108, §2, adopted May 3, 1983; and Ord. No. 1989-425, §1, adopted Sept. 5, 1989.

It shall be unlawful for any person to drink any intoxicating liquors on or in any railroad or bus station premises. (Code 1959, §15-34)

It shall be unlawful for any person to make wholesale delivery of beer between the hours of 12:00 midnight on Saturdays and 12:00 midnight on Sundays within the corporate limits of the City. Any person, firm or corporation who shall violate the provisions of this section shall be guilty of a misdemeanor. (Code 1959, §15-46)

Notwithstanding the provisions of §12-4001 of this Code, the consumption of alcoholic beverages, as defined by G.S. Chapter 18B, shall be lawful upon those areas of the City's pedestrian malls for which outdoor dining permits have been issued pursuant to §9-7007 of the City Code. The consumption of malt beverages and unfortified wine by pedestrians shall be permitted along the rights-of-way of Blake, Wolfe and Parham Street so long as the beverages were purchased or dispensed by a business, lessee, or other person or entity lawfully occupying space in the City market project. The City Manager may direct that the above referenced streets be closed to vehicular traffic for periods not to exceed twenty-four (24) hours so long as the City Manager determines that no unreasonable inconvenience will be suffered by the public or by adjoining property owners. (Ord. No. 1983-98, §3, 4-19-83; Ord. No. 1988-232, §1, 8-31-88; Ord. No. 2002-194, §1, 4-16-02)

Editor's Note: Ord. No. 2001-961, §1, adopted March 20, 2001, repealed the former §12-4008 which pertained to consumption of malt beverages and unfortified wine in the Tucker House and derived from Ord. No. 1988-113, §1, adopted Jan. 19, 1988.

Consumption of malt beverages and unfortified wine, as defined by G.S. Chapter 18B, shall be lawful in City Hall at special events with the prior approval of the City Council. (Ord. No. 1989-389, §1, 6-20-89) Editor's note: Provisions designated as §12-4008 in Ord. No. 1989-389, §1, adopted June 20, 1989, have been redesignated as §12-4009 at the discretion of the editor to avoid duplication of section numbers.

Editor's Note: Ord. No. 2001-961, §1, adopted March 20, 2001, repealed the former §12-4010 which pertained to consumption of malt beverages and unfortified wine in the Borden House at Fletcher Park and derived from Ord. No. 1993-135, §1, adopted Feb. 16, 1993.

Editor's Note: Ord. No. 2001-961, §1, adopted March 20, 2001, repealed the former §12-4011 which pertained to consumption of malt beverages and unfortified wine within the boundaries of Lake Wheeler Park and Camp Durant Nature Park and derived from Ord. No. 1995-623, §1, adopted May 2, 1995 and Ord. No. 1998-309, §§1, 2, adopted April 21, 1998.

The City Council may, by ordinance, designate one (1) or more social districts within the City in the manner allowed by State law. The social districts established by the City Council are described herein, along with days and hours of operation. To the extent required by applicable State law, any portion of a social district described within this Section that overlaps with a premises subject to a permit for on-premises consumption of alcohol issued by the North Carolina Alcoholic Beverage Control Commission for a special event shall be suspended during the event to the extent the social district and the permitted premises are in conflict. (a)Fayetteville Street Social District. A social district shall be established within the following boundaries: beginning at the southwest intersection of the western North Blount Street right-of-way line and southern East Morgan Street right-of-way line, being the Point of Beginning, continuing west along the southern right-of-way line for West and East Morgan Streets to South Salisbury Street, then north along the western right-of-way line of South Salisbury Street to Hillsborough Street, then west along the southern right-of-way line of Hillsborough Street to the point where Hillsborough Street intersects the eastern property line of the CSX Transportation/NC Department of Transportation railroad corridor as it runs between Glenwood Avenue and South West Street, then south along the eastern property line of the CSX Transportation/NC Department of Transportation railroad corridor to West Hargett Street, then west along the southern right-of-way line of West Hargett Street to South Boylan Avenue, then south along the eastern right-of-way line of South Boylan Avenue to the point where the eastern right-of-way line of South Boylan Avenue transitions from a paved street to a bridge crossing the North Carolina Railroad Corridor and from that point in a line running along the eastern property line of the North Carolina Railroad Corridor proceeding southeasterly to the point where the northern property line of West South Street intersects the North Carolina Railroad Corridor, then east along the northern right-of-way line of West South Street and East South Street to South Blount Street, inclusive of any parcel owned by the City which may be congruous to West South Street between South Salisbury Street and South Wilmington Street, then north along the western right-of-way line of South Blount Street to East Davie Street, then east along the northern right-of-way line of East Davie Street to South Person Street, then north along the western right-of-way line of South Person Street to West Martin Street, then west along the southern right-of-way line of West Martin Street to South Blount Street, then north along the western right-of-way line of South Blount Street to the Point of Beginning. Notwithstanding the above, the parcel which is bordered to its north by West Hargett Street, to its west by South Dawson Street, to its south by West Martin Street, and to its east by South McDowell Street, commonly referred to as Nash Square, is specifically excluded from this social district. The days and hours of operation of this social district shall be seven (7) days a week from 10:00 a.m. to 10:00 p.m. ( Ord. No. 2022-399 , § 2, 7-5-22; Ord. No. (2023) 525 , § 1, 6-20-23)

In addition to the common meanings of words, the following definitions shall be used in interpreting §§12-5001 through 12-5011 of this Code. "A" weighting scale. The sound pressure level, in decibels, as measured with the sound level meter using the "A" weighted network (scale). The standard unit notation is dB(A). Ambient base noise level. The average sound pressure level in dB(A) during a reasonable period of time, as determined by employing a sound level meter as described in §12-5002 and excluding impulsive sounds. ANSI. American National Standards Institute or its successor bodies. Construction. On-site erection, fabrication, installation, alteration, demolition or removal of any structure, facility or addition thereto, including all related activities, including, but not restricted to, clearing of land, earth moving, blasting and landscaping. Daytime hours. 7:00 a.m. to 11:00 p.m., local time. dB(A). Sound level in decibels, determined by the "A" weighting scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication ANSI, S 1.4-1971, for a Type 2 instrument. Decibel (dB). A unit of measure, on a logarithmic scale, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure, which for purposes of §§12-5001 through 12-5011shall be 0.0002 microbars. Emergency work. Work made necessary to restore property to a safe condition, work required to protect, provide or prevent persons or property from danger or potential danger; or work by private or public utilities when restoring utility service. Nighttime hours. 11:00 p.m. to 7:00 a.m., local time. Person. Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof or any legal successor, representative, agent or agency of the foregoing. Sound level. In decibels, a weighted sound pressure level determined by the use of a sound level meter whose characteristics and frequency weightings are specified in ANSI standards. Sound level meter. Any instrument certified to meet or exceed ANSI standards which includes an omnidirectional microphone, an amplifier, an output meter and frequency weighting network(s) for the measurement of sound level. Sound-magnifying device. Any device or machine for the magnification of a human voice, music or any other sound. "Sound-magnifying device" shall not include emergency warning devices on police, fire, ambulance or other emergency vehicles, nor shall it include horns or steam whistles which are used for purposes authorized by §12-5007. Sound pressure level. In decibels, twenty (20) times the logarithm to the base 10 of the ratio of the magnitude of a particular sound pressure to the standard reference pressure. The standard reference pressure is 0.0002 microbars. Sound source. Any person, animal, device, operation, process, activity, or phenomenon which emits or causes sound. Unnecessary noise. Any excessive or unusually loud sound or any sound which disturbs the peace and quiet of any neighborhood or which does annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of reasonable persons of ordinary sensibilities or causes damage to property or business. (Ord. No. 1977-580, §1, 7-5-77; Ord. No. 1978-773, §1, 4-18-78; Ord. No. 1980-508, §1, 10-21-80; Ord. No. 1993-240, §2, 7-20-93; Ord. No. 2014-349, §11, 10-7-14, eff. 10-12-14 ) State law reference: Authority to regulate noise, G.S. 160A-184.

(a) Noise measurements shall be made at the property line of the property where the noise to be measured is being generated. If measurement on private property is not possible or practical, noise measurements may be made at the boundary of the public right-of-way which adjoins the complaining property. Such noise measurements shall be made at a height of at least four (4) feet above the ground and at a point approximately ten (10) feet away from walls, barriers, obstructions (trees, bushes, etc.) on a sound level meter operated on the "A" weighting network (scale). In the case of noises within multi-family or multi-tenanted structures, noise measurements shall be made in the complaining unit at a height of at least four (4) feet above the floor and at a point approximately equi-distant from all walls on a sound level meter operated on the "A" weighting network (scale). (b) No individual other than the operators shall be within ten (10) feet of the sound level meter during the sample period. (c) Sound measurements shall be conducted at that time of day or night when the suspect noise source is emitting sound. (d) The sound level measurement shall be determined as follows: (1) Calibrate the sound level meter within one (1) hour before use. (2) Set the sound level meter on the "A" weighted network at slow response. (3) Set the omnidirectional microphone in an approximately seventy-degree position in a location which complies with subsections (a) and (b) above. The operator of the sound level meter shall face the noise source and record the meter's instantaneous response (reading) observed at consecutive ten-second intervals until one hundred (100) readings are obtained. (4) Recalibrate the sound level meter after use. (e) It shall be unlawful for any person to interfere, through the use of sound or otherwise, with the taking of sound level measurements. Violation of this section is a misdemeanor and may also be enforced pursuant to §12-5011 or a combination of remedies. (Ord. No. 1977-580, §2, 7-5-77; Ord. No. 1978-773, §2, 4-18-78; Ord. No. 1980-508, §§2—5, 10-21-80; Ord. No. 1981-725, §§1—3, 8-4-81; Ord. No. 1003-240, §1, 7-20-93; Ord. No. 2022-339 , §48, 2-15-22)

(a) Unless otherwise specifically indicated, it shall be unlawful for anyone to cause or allow the emission of sound from any source or sources which when measured pursuant to §12-5002 exceed the maximum decibel limits specified in Table 1. Ten (10) readings above the allowed decibel limits attributed to the sound source or sources shall constitute prima facie evidence of a violation of this ordinance. The sound meter operator may cease taking readings as soon as the readings already taken show a violation of this ordinance. It shall not be necessary to complete all one hundred (100) readings if a fewer number have already indicated a violation of the ordinance. Table 1. Maximum Noise Limitations dB(A) Zoning districts Daytime (7:00 a.m. to 11:00 p.m.) Nighttime (11:00 p.m. to 7:00 a.m.) Residential 55 45 Residential Business Office and Institution, Buffer Commercial, Shopping Center and Neighborhood Business 60 55 Thoroughfare, Industrial 70 65 (b) When a noise source can be identified and its sound is measured in more than one district, the average of the noise limitations of the two (2) districts shall apply. (c) Notwithstanding the location of hospitals, rest homes, family care homes, group care facilities, public or private or parochial school or day care facilities, it shall be unlawful for any person to cause or allow the emission of sound onto the structures of such uses which exceeds the maximum noise limitations for residential zoning districts. (d) For activities which are necessary for railroad operations it shall be unlawful for any person to cause or allow the emission of sound from the boundaries of railroad rights-of-way which exceeds eighty (80) dB(A) for daytime and seventy-five (75) dB(A) for nighttime, without regard for the zoning district of the abutting property. (e) Violation of this section is a misdemeanor and may also be enforced pursuant to §12-5011 or a combination of remedies. (Ord. No. 1977-580, §3, 7-5-77; Ord. No. 1980-508, §§6—10, 10-21-80; Ord. No. 1983-153-TC-190, §15, 7-19-83; Ord. No. 1988-291-TC-327, §14, 12-13-88; Ord. No. 1993-240, §§3—5, 7-20-93; Ord. No. 2022-339 , §49, 2-15-22)

The maximum noise limitation standards defined in §12-5003shall not apply to the following sources: (a) Emergency warning devices or safety signals; (b) Lawn care equipment and agricultural field equipment used during the daytime hours; (c) Equipment being used for construction, provided that all equipment is operated with all standard equipment manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition. (d) Parades, fairs, circuses, other similar public entertainment events, sanctioned sporting events, sporting activities taking place in areas set aside for such activities, or any activities normally associated with any of the above; (e) Bells, chimes and similar devices which operate during daytime hours for a duration of no longer than five (5) minutes in any given period; (f) Emergency work; (g) Sixty-cycle electric transformers; or (h) Emission of sound from any source or sources on public rights-of-way. (i) Excavation and loading of spoil and excavation materials from sites located within the boundaries of the secondary fire district as described in §5-2034. (j) Excavation and loading of spoil and excavation materials from sites located on City owned sanitary landfill sites. (k) Properly installed and operating residential heating, ventilating, and air conditioning systems. (Ord. No. 1977-580, §3, 7-5-77; Ord. No. 1980-508, §§11, 12, 10-21-80; Ord. No. 2005-785, §1, 3-1-05; Ord. No. 2011-867, §1, 4-19-11)

(Reserved)

In addition to any other violation of this Code, it shall be unlawful to emit, or to cause or permit to be made, any unreasonably loud, annoying, frightening, loud and disturbing or unnecessary noise. Specifically, it shall be unlawful to emit noise of such character, intensity or duration as to be detrimental to the life or health of reasonable persons of ordinary sensibilities. Factors to consider in determining whether a violation exists include, but are not limited to: a) The volume of the noise; b) The intensity of the noise; c) Whether the nature of the noise is usual or unusual; d) Whether the origin of the noise is natural or unnatural; e) The volume and intensity of the background noise, if any; f) The proximity of the noise to residential sleeping facilities; g) The nature and zoning of the area within which the noise emanates; h) The density of the inhabitation of the area within which the noise emanates; i) The time of the day or night the noise occurs; j) The duration of the noise; and, k) Whether the noise is recurrent, intermittent, or constant. Violation of this section is a misdemeanor and may also be enforced pursuant to §12-5011 or a combination of remedies. (Ord. No. 1977-580, §3, 7-5-77; Ord. No. 2014-349, §12, 10-7-14, eff. 10-12-14 ; Ord. No. 2022-339 , §50, 2-15-22)

Except when specifically allowed as a part of a permitted event, in addition to any other violations of this Code, the following acts are specifically declared to be unreasonably loud, annoying, frightening, loud and disturbing or unnecessary noise, the emission of which shall be unlawful. Such enumeration shall not be deemed to be exclusive: (a) 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 danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time. (b) The use of any gong or siren upon any vehicle other than police, fire, ambulance or other emergency vehicles. (c) The playing of any radio, phonograph, amplifier, television, tape deck, tape recorder, or musical instrument in such a manner or with such volume during the nighttime hours as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or other type of residence. (d) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise. (e) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as warning of danger. (f) The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (g) The erection (including excavating), demolition, alteration or repair of any building or other structure in a residential or business district other than between the hours of 7:00 a.m. and 8:30 p.m., except by permit from the building inspector when, in his opinion, such work will not create objectionable noise; upon complaint in writing of the occupant of property near the location of the work, the building inspector shall immediately revoke the permit and the work shall be immediately discontinued. The building inspector may permit emergency work in the preservation of public health or safety at any time. (h) The creation of any excessive noise on any street adjacent to any school, institution of learning or court, while the same are in session, or within one hundred fifty (150) feet of any hospital, which unreasonably interferes with the work of such institution or which disturbs or unduly annoys patients in the hospital. (i) The creation of loud and excessive noise in connection with loading or unloading any vehicles or the opening and destruction of bales, boxes, crates and containers. (j) The shouting and crying of peddlers, barkers, hawkers or vendors which disturbs the quiet and peace of the neighborhood. (k) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise. (l) The conducting, operating or maintaining of any garage or filling station, or the repair, rebuilding or testing of any motor vehicle in any residential district, so as to cause loud or offensive noises to be emitted therefrom during the nighttime hours. (m) The firing or discharging of firearms in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the Police Department. (n) The creation of excessive noise by the operation of an airplane over the City by stunting, diving or otherwise operating an airplane for the purpose of advertising or otherwise. (o) No personshall keep or maintain, or permit the keeping of, on any premise, owned, leased; occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by habitual or frequent sound, cry, howling, barking, squawking, meowing or other noise, shall disturb the quiet, comfort or repose of any person. (p) The operation on public property or on public vehicular areas of any sound amplifier which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, or vehicle in which it is located is prohibited and is a violation of this section. The provisions of this section shall apply neither in the secondary fire district as described in §5-2034 of this Code nor on publicly owned sanitary landfill property. Violation of subsection (a), (b), (c), (o), or (p) is a misdemeanor. Violation of any other subsection is an infraction. Any subsection may also be enforced pursuant to §12-5011 or a combination of remedies. (Ord. No. 1977-580, §3, 7-5-77; Ord. No. 1980-508, §13, 10-21-80; Ord. No. 1999-538, §1, 4-6-99; Ord. No. 2005-785, §2, 3-1-05; Ord. No. 2014-343, §16, 9-16-14, eff. 9-21-14 ; Ord. No. 2022-339 , §51, 2-15-22)

Except for parades, events operated in accordance with a permit issued under the City Council's Special Event Policy, and other related activities, it shall be unlawful for any person to use or operate on or over any street within the City any radio, phonograph or other similar mechanical device to produce sound or any mechanical loudspeaker or other sound-magnifying device at a level of volume greater than fifty-five (55) dB(A). Any such operation shall be unlawful unless such loudspeaker or other mechanical sound-magnifying device shall be equipped with a meter by which the power output can be registered and determined, so that the volume shall be limited in accordance with the restrictions hereinbefore specified; and it shall be unlawful to operate any such equipment or device without a license from the City as provided by this Code. No such equipment or device shall be used or operated on the streets of the City during the period between sunset and 9:00 a.m. Further, no such equipment or device shall be operated to produce magnified sounds along that portion of any street within the block where there is located any school, institution of learning, or court, while the same are in session, or where any hospital, funeral home, undertaking establishment is located, or where a funeral is being conducted at any place. Further, no such equipment or device shall be operated on the streets of this City on Sunday. (Ord. No. 1977-580, §3, 7-5-77; Ord. No. 1978-773, §3, 4-18-78; Ord. No. 2014-343, §17, 9-16-14, eff. 9-21-14 ) Cross reference: Sound amplification or musical instruments, 9-7026.

The complaints of two (2) or more persons, at least one (1) of whom resides in a different home from the other complaining person or persons, or the complaint of one or more persons, when combined with the complaint of a duly authorized investigating person, shall be prima facie evidence that such sound is a loud and annoying, frightening, loud and disturbing, unreasonably loud or unnecessary noise. (Ord. No. 1977-580, §3, 7-5-77)

In any proceeding pursuant to §§12-5001 through 12-5011 of this Code, if an exception stated in §§12-5001 through 12-5011 would limit an obligation, limit a liability or eliminate either an obligation or a liability, the person who would benefit from the application of the exception shall have the burden of persuasion that the exception applies and that the terms of the exception have been met. (Ord. No. 1977-580, §3, 7-5-77)

(a)Civil Penalties: (1) Any person violating any of the provisions of §§12-5001 through 12-5009shall be subject to a civil penalty of one hundred dollars ($100.00). Each calendar day on which a continuing violation occurs shall constitute a separate violation under this subsection. For each subsequent violation occurring within twelve (12) months of any other violation, the violator shall be subject to a civil penalty of three hundred dollars ($300.00) per violation. If a person fails to pay any civil penalty within thirty (30) days after it is assessed, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. The Police Department is authorized to issue civil penalty citations to enforce this section. (2) Appeal of civil penalties: Any person issued a civil penalty under the provisions of this section may appeal by filing an appeal in writing with the Police Department within ten (10) calendar days after the civil penalty is issued. The written appeal shall state all reasons that the civil penalty was wrongly applied and shall include all supporting documentation that the appellant contends supports the appeal. If a person files a written appeal within the time provided in this section, the penalty being appealed shall be stayed pending the decision of the Chief or arbitrator. Unless the Chief of Police, or the delegate of the Chief of Police, decides to allow the requested relief based on the appeal request, the Chief of Police shall send each appeal request to arbitration. The Chief of Police shall select an arbitrator other than an employee of the City of Raleigh. The arbitration shall be conducted, to the extent practicable, in accordance with the Supreme Court Rules for Court-Ordered Arbitration in North Carolina. The arbitrator shall be paid a fee equal to the maximum fee specified in such Rules. The arbitrator shall issue a written determination, within a reasonable time, stating whether the disputed civil penalty will be approved without change or modified or reversed. All decisions of the Chief of Police and arbitrator shall be served on the petitioner. (b)Injunctive and Equitable Relief: As an additional remedy, this chapter may be enforced, either before or after the institution of any other action or proceeding authorized by this subsection, by an action for injunctive relief to restrain the violation. The action shall be brought in the appropriate division of the General Court of Justice. The institution of an action for injunctive relief shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this chapter. This chapter may also be enforced through any appropriate equitable remedy. (c)Criminal Penalties: Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor punishable by imprisonment not to exceed thirty (30) days or by fine not to exceed five hundred dollars ($500.00). Each day of a continuing violation shall constitute a separate violation under this subsection. (d)Enforcement: In addition to other remedies, this chapter may be enforced by any one, all, or a combination of the remedies set out herein. (Ord. No. 1977-580, §3, 7-5-77; Ord. No. 1978-773, §4, 4-18-78; Ord. No. 1995-763, §1, 11-8-95; Ord. No. 2009-583, §2, 5-19-09, eff. 7-1-09; Ord. No. 2022-339 , §52, 2-15-22) Cross reference: Violations of this Code, §14-1005. State law reference: Violations of municipal ordinances, enforcement alternatives, G.S. 160A-175.

The Department of Inspections is charged with the duty of full enforcement of this chapter and any inspector thereof is clothed with full power and authority imposed by this chapter and is hereby authorized and directed to proceed to carry out its provisions; provided that the identification of nuisances as described in §12-6002(p) shall be the responsibility of the Public Works Director or his designee. (Ord. No. 1995-785, §1, 11-21-95; Ord. No. 2006-27, §1, 5-16-06) Sec. 12-6001.1. DEFINITIONS. The following words, terms and phrases, and their derivatives, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Building materials. Lumber, brick, stone carpet, plumbing materials, plaster, concrete, roofing, floor coverings, gutters or other materials or substances suitable for or commonly used in the construction or repair of houses, commercial buildings and other structures, driveways, fences, decks, landings, patios, porches or carports. Building rubbish. As defined at §7-2001(f). Combustible refuse. As defined at §7-2001(g). Dwelling. As defined at §10-2002. Firewood. Parts of trees cut into logs suitable for use in fireplaces or for use in wood-burning heaters which are not rotten or decayed. Garbage. As defined at §7-2001(c). Greenway property. Any interest in real property owned by the City, leased to the City, or any dedicated greenway easement to the City which: (1) Is actually used as a linear park network and is primarily left in its natural state except for the introduction of a connector system of trails for use by pedestrians and bicyclists; and (2) Appears on the Council approved Greenway Plan which is on file in the office of the City Clerk and Treasurer. Harmful insects. Mosquitoes, ticks, fleas and flies and other arthropods which can be living transporters and transmitters of a causative agent of a disease. Heavily wooded lot. A lot so densely covered with trees and undergrowth that equipment cannot maneuver. Junk. Any furniture, appliances, machinery, equipment, building fixture, automotive parts, tires, or other similar items which is either in a wholly or partially rusted, wrecked, dismantled, or inoperative condition. Litter. Any discarded manmade materials, including, but not limited to, garbage, rubbish, trash, refuse, can, bottle, box, container, wrapper, paper, paper product, tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, or motor vehicle part, solid waste materials, industrial materials and hazardous waste, or discarded material in any form resulting from domestic, industrial, commercial, medical or agricultural operations. Lot. As defined at §10-2002. Natural protective yard. As defined at §10-2002. Natural resource buffer yard. As defined at §10-2002. Noxious vegetation. Plants that cause dermatitis through direct or indirect contact or plants that cause internal poisoning if eaten or ingested including but not limited to poison sumac, poison ivy or poison oak. Nuisance. Any condition that is dangerous or prejudicial to the public health or public safety. Open place. A yard area, a vacant lot; a deck, landing, patio, porch or carport not totally enclosed by a roof, walls, screens or glass windows; or the parkway between the sidewalk and the street curb or pavement edge. The term does not included lands zoned for agriculture, wildlife sanctuary, or research farm. Ornamental grasses. True grasses (Gramineae) including close relatives such as sedges (Cyperaceae), rushes (Juncaceae), hardy bamboos (particularly the genus Phyllostachys), and others. Pest. Any destructive or troublesome insect or small animal. Rear yard area. As defined at §10-2002. Research farm. As defined at §10-2002. Rubbish. As defined at §7-2001(e). Side yard area. As defined at §10-2002. Stream. A natural or a modified natural water course with intermittent or perennial flow as evidenced by topographic alterations within the immediate watershed with the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. Unhealthy. As defined at §10-2002. Weed. Any undesired, uncultivated plant. White goods. As defined at §7-2001(k). Wildlife sanctuary. As defined at §10-2002. Yard area. As defined at §10-2002. Yard waste. Grass, weeds, leaves, tree trimmings, plants, shrubbery prunings, and such other similar materials which are generated in the maintenance of yards and gardens. (Ord. No. 2006-27, §1, 5-16-06)

Any of the following enumerated and described conditions occurring in anopen place is hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the City and is found, deemed and declared to be public nuisances wherever the same may exist and the creation, maintenance, or failure to abate any nuisances is hereby declared unlawful. The natural conditions on greenway property and on other lands dedicated to and accepted by the City as natural stream corridors, floodplain or open space, which dedications were established in order to preserve natural greenways, vegetative stream buffers, or natural connecting networks along floodways, streams and creeks, are deemed and declared as exceptions for the purpose of enforcement of this section. Natural resource buffer yards along streams within the Neuse River Basin are exempted from this Chapter to the extent that the State rules or City Code provisions governing such buffers conflict with this section. (a) Any condition which creates or provides a breeding ground or harbor for rodents, harmful insects, or other pests. (b) A place of dense growth of weeds or grasses, other than ornamental grasses, over eight (8) inches in height, which: (1) Lies less than one hundred (100) feet from any abutting open street, or (2) Lies less than one hundred (100) feet from any adjoining property which contains a dwelling or commercial building; or (3) Lies within fifty (50) feet of any dwelling or commercial building; or (4) Is a focal point for any other nuisance enumerated in this Code. (c) A place of shrubs or other similar vegetation over eight (8) inches in height when any of such shrubs or vegetation is: (1) Encroaching upon the sidewalk, the parkway, or the curb or edge of the pavement of any abutting street, or (2) A focal point for any othernuisance enumerated in this code. (d) A place of vines, including but not limited to honeysuckle or vegetation when any of such vines or vegetation is: (1) Encroaching upon the sidewalk, the parkway, or the curb or edge of the pavement of any abutting street, or (2) Encroaching upon any adjoining property, or (3) A focal point for any other nuisance enumerated in this code. (e) A concentrated growth of kudzu, poison sumac (Rhus vernix), poison ivy (Rhus radicans), poison oak (Rhus toxicodendron), or other noxious vegetation, other than kudzu or noxious vegetation growing in a heavily wooded lot unless such growth from the heavily wooded lot is: (1) Encroaching upon any adjoining property with a dwelling or a commercial building, or (2) Encroaching upon the sidewalk, the parkway, or the curb or edge of the pavement of any abutting street, or (3) A focal point for any other nuisance enumerated in this code. (f) A collection or ponding of stagnant water with conditions causing, or likely to cause, mosquitoes or other harmful insects to breed. (g) Any concentration of combustible refuse. (h) Any concentration of building materials or building rubbish which are not suitable for building construction, alteration or repair, or any concentration of building materials which becomes a focal point for any other nuisance enumerated in this Code. (i) Any concentration of collection of garbage, animal waste, yard waste or any rotten or putrescible matter of any kind which is not maintained for collection in accordance with Solid Waste Collection Code; however, nothing in this subsection shall be construed to prevent the generally accepted use of a properly maintained compost pile sited in the side or rear yard area being used for fertilizer for lawns and gardens and for other agricultural or horticultural purposes and in accordance with Solid Waste Services yard waste guidelines, unless such concentration becomes a focal point for any other nuisance enumerated in this Code. (j) Household or office furniture, any household fixtures, white goods or other appliances, metal products of any kind and similar items not designed to withstand the elements or for outdoor use. This subsection shall not prevent: (1) The use of household furniture on a totally enclosed porch having a roof, walls, screens, or glass windows; or (2) The use of furniture in good condition which is designed for outdoor use such as patio or lawn furniture, on porches or landings or in yard areas or other open places. (k) Any junk or any concentration of litter. (l) Flooding caused by improper or inadequate drainage from private property which interferes with the use of, or endangers in any way the streets, sidewalks, parks or other City owned property of any kind provided that such determination shall be made by the Department of Public Works. (m) Any condition including, but not limited to stumps, brush, junk, litter or other materials within or along the banks of such stream or drainage, which blocks or obstructs the natural flow of a stream, creek, or defined ditches or drains to the extent that impounded water is outside the banks of such stream or drainage. (n) Any collection of stagnant water for which no adequate drainage is provided and which is, or is likely to become, a nuisance. (o) Any stormwater retention or impoundment device determined to be operating improperly by the Storm Water Management Division. (p) Any condition whereby any person owning or having the legal control of any land within the corporate limits of the City maintains or permits upon any such land any fence, sign, billboard, shrubbery, bush, tree, mailbox, or other object or combination of objects which obstructs the view of motorists using any street, private driveway, or approach to any street intersection adjacent to and abutting such land so as to constitute a traffic hazard as a condition dangerous to public safety upon any such street, private driveway, or at any such street intersection. (q) Nuisance vehicle violation as defined by Part 12, Chapter 7 of this Code; provided, the process for abating the nuisance vehicle shall be as provided for in Part 12, Chapter 7 of this Code. (r) A concentration of firewood or logs when: (1) Such firewood or logs are not free from rot and decay, or (2) Such concentration of logs is a focal point for any other nuisance in this Code. (s) Any tree or tree limb or any concentration of branches which have fallen due to an act of nature or have been cut, except in a heavily wooded lot or a maintained natural protective yard unless such tree or tree limb or concentration of branches becomes a focal point for any other nuisance in this Code. (t) Any unhealthy plant or tree which has not been removed or altered within fifteen (15) days of the notice of such determination from the Parks Department. (u) Any other condition specifically declared to be a danger to the public health, safety, morals, and general welfare of inhabitants of the City and public nuisance by the Council, which proceeding may be initiated by the Department of Inspections before the Council after giving written notice in conformity with §12-6003(a) hereof, which notice will state the condition existing, the location, and that the Council will be requested on a day certain, after a public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, morals, and general welfare of the inhabitants of the City and a public nuisance, and that after such declaration by the Council in the form of an ordinance the condition will be abated as provided for in §12-6003(b) hereof; provided no appeal shall lie from a proceeding initiated by the Department of Inspections before the Council of the City as provided in this subsection. (Ord. No. 1995-785, §1, 11-21-95; Ord. No. 1998-454, §19, 11-4-98; Ord. No. 2004-629, §1, 5-4-04; Ord. No. 2006-27, §1, 5-16-06)

When any public nuisance as set out in §12-6002 is found to exist on any property, including rights-of-way and easements within the City and one (1) mile beyond the City limits, the following procedures shall be followed: (a) The Department of Inspections of the City shall notify the owner of the premises where the nuisance is located that: 1. The conditions identified in the notice of violation exist which constitute a public nuisance; 2. The Code provision(s) identified by Code section number are violated by the stated conditions on the property; 3. The Department of Inspections will assess civil penalties and administrative fee of one hundred dollars ($100.00) for second and subsequent notice of violation of the Nuisance Code provisions occurring within twelve (12) months of the first such notice of violation; 4. The property may have been posted on the date of the nuisance notice of violation, in a prominent location on the street facing facade of any building, with a placard or other appropriate means of notice declaring the property is a public nuisance property; 5. Unless the public nuisance is abated within ten (10) calendar days from the mailing of the notice, the Department of Inspections will initiate the procedures to abate the conditions constituting a nuisance; 6. The cost of abatement, including an administrative fee of one hundred seventy-five dollars ($175.00), also including the cost, if any to reseed areas which were formerly a nuisance, shall constitute a lien against the premises. Provided, the costs of abating nuisances so declared by §12-6002(l) and (n) under the condition described in subsection (d) hereof shall be limited to the amounts indicated therein. The City Manager shall make, and may from time to time alter and amend, guidelines to be used by the Department of Inspections in the implementation of the procedures to be used for posting nuisance notices of violation. The Department of Inspections, to the extent required by law, shall make application for and obtain any permit required prior to undertaking the activities to abate the nuisance, provided the Stormwater Management Division shall design the abatement measure and obtain any permit required to resolve drainage nuisances. (b) The Department of Inspections is hereby given full power and authority to enter upon the premises involved for the purpose of posting the property as a public nuisance and of abating the nuisance found to exist as herein set out. Within the ten-day period mentioned in subsection (a) hereof the owner of the property where the nuisance exists may appeal the findings of the Department of Inspections made pursuant to subsection (a) hereof to the Council by giving written notice of appeal to the Department of Inspections, the appeal to stay the abatement of the nuisances by the Department of Inspections until a final determination by the Council. In the event no appeal is taken, the Department of Inspections may proceed to abate the nuisance. (c) The Council in the event an appeal is taken as provided in subsection (b) hereof may, after hearing all interested persons and reviewing the findings of the Department of Inspections, reverse the finding made pursuant to subsection (a) hereof; but if the Council shall determine that the findings of the Department of Inspections made pursuant to said subsection is correct and proper it shall adopt an ordinance specifically declaring the condition existing on the property to be a danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the City and a public nuisance and directing the Department of Inspections to cause the conditions to be abated. (d) After the abatement of the nuisance as provided in subsection (a), (b) or (c) hereof the cost of such abatement shall become a lien against the premises upon confirmation of the cost thereof by the Council, which said confirmation shall take place only after then (10) days' written notice to the owner of the premises where the nuisance existed of the proposed confirmation. All other project costs, including the full labor costs, permit fees, and engineering and design costs of the project shall also be assessed to the owner. Upon confirmation the cost of abatement shall be a lien against the premises from which the nuisance was abated the same to be recorded as provided in G.S. 160A-216 et seq. and to be collected as unpaid taxes. (Ord. No. 1995-785, §1, 11-21-95; Ord. No. 2002-331, § 1, 11-19-02; Ord. No. 2003-388, §§1—3, 2-18-03; Ord. No. 2006-27, §1, 5-16-06; Ord. No. 2006-126, §1, 11-7-06, eff. 1-1-07; Ord. No. 2016-612, §1, 6-21-16, eff. 6-26-16 )

(a) The following enumerated and described conditions occurring on any greenway property in an open place are hereby found, deemed, and declared to constitute a detriment, danger, and hazard to the health, safety, morals, and general welfare of the inhabitants of the City and are found, deemed, and declared to be public nuisances wherever the same may exist and the creation, maintenance, or failure to abate said nuisances is hereby declared unlawful. (1) Any concentration of combustible refuse. (2) Any concentration of building materials or building rubbish, which are not suitable for building construction, alteration or repair, or any concentration of building materials which becomes a focal point for any other nuisance enumerated in this Code. (3) Any concentration of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter which is not maintained for collection in accordance with Solid Waste Collection Code; however, nothing in this subsection shall be construed to prevent the generally accepted use of a properly maintained compost pile sited in the side or rear yard area being used for fertilizer for lawns and gardens and for other agricultural or horticultural purposes and in accordance with Solid Waste Services yard waste guidelines, unless such concentration becomes a focal point for any other nuisance enumerated in this Code. (4) Household or office furniture, any household fixtures, white goods or other appliances, or metal products of any kind and similar items not designed to withstand the elements or for outdoor use. This subsection shall not prevent: a. The use of household furniture on a totally enclosed porch having a roof, walls, screens, or glass windows; or b. The use of furniture in good condition which is designed for outdoor use such as patio or lawn furniture, on porches or landings or in yard areas or other open places. (5) Any junk or any concentration of litter. (6) Flooding caused by improper or inadequate drainage which, interferes with the use of or endangers in any way City-owned streets, sidewalks; provided, that such determination shall be made by the Director of Public Works; or (7) Any other condition specifically declared to be a danger to the public health, safety, morals, and general welfare of inhabitants of the City and a public nuisance by the governing body of the City which proceeding may be initiated by the Department of Inspections before the Council after giving written notice in conformity with subsection (c) hereof, which notice will state the condition existing, the location, and that the City Council will be requested on a day certain, after a public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, morals, and general welfare of the inhabitants of the City and a public nuisance, and that after such declaration by the Council in the form of an ordinance the condition will be abated as provided in subsection (d) hereof; provided no appeal shall lie from a proceeding initiated by the Department of Inspections before the Council of the City as provided in this subsection. (b) When any public nuisance as set out in subsection (a) hereof is found to exist on any greenway property including rights-of-way and easements within the City and one (1) mile beyond the City limits, the Department of Inspections of the City shall notify the owner of the premises where the nuisance is located that conditions exist which constitute a public nuisance and unless the condition is abated within ten (10) days from the mailing of the notice, which shall be sent by first class mail, the conditions constituting a nuisance will be abated and the cost of abatement including an administrative fee of one hundred seventy-five dollars ($175.00), also including the cost, if any, to reseed areas which were formally a nuisance shall constitute a lien against the premises. (c) The Department of Inspections is hereby given full power and authority to enter upon the premises involved for the purpose of abating the nuisance found to exist as herein set out. Within the ten-day period mentioned in subsection (b) hereof the owner of the property where the nuisance exists may appeal the findings of the Department of Inspections made pursuant to subsection (a) hereof to the Council by giving written notice of appeal to the Department of Inspections, said appeal to stay the abatement of the nuisances by the Department of Inspections until a final determination by the Council. In the event no appeal is taken, the Department of Inspections may proceed to abate the nuisance. (d) The Council in the event an appeal is taken as provided in subsection (c) hereof may after hearing all interested persons and reviewing the findings of the Department of Inspections, reverse the finding made pursuant to subsection (a) hereof; but if the Council shall determine that the findings of the Department of Inspections made pursuant to said subsection are correct and proper, it shall adopt an ordinance specifically declaring the condition existing on the property to be a danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the City and a public nuisance and directing the Department of Inspections to cause said conditions to be abated. (e) After the abatement of the nuisance as provided in subsection (b), (c), or (d) hereof the cost of such abatement shall become a lien against the premises upon confirmation of the cost thereof by the Council, which confirmation shall take place only after ten (10) days' written notice to the owner of the premises where the nuisance existed of the proposed confirmation. Upon confirmation, the cost of abatement shall be a lien against the premises from which the nuisance was abated, the same to be recorded as provided in Article 10 of Chapter 160A of the General Statutes and to be collected as unpaid taxes. (Ord. No. 1995-785, §1, 11-21-95; Ord. No. 1998-454, §19, 11-4-98; Ord. No. 2006-27, §1, 5-16-06)

(a) Any owner of a property within the City and one (1) mile beyond the City limits notified pursuant to §12-6003 that the property is a public nuisance as provided in §§12-6001 through 12-6004 of this Code shall, upon the issuance of the second nuisance notice of violation within twelve (12) months of the first nuisance notice of violation, be subject to a civil penalty of two hundred fifty dollars ($250.00). For each subsequent nuisance notice of violation occurring prior to the expiration of a twelve (12) month period following issuance of the first nuisance notice of violation, the owner shall be subject to a civil penalty of five hundred dollars ($500.00). If a person fails to pay the civil penalty within thirty (30) days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt. (b) An appeal of a civil penalty must be filed in writing with the Director of the Inspections Department within ten (10) days after service of the written demand for payment of the Director of the Inspections Department on the petitioner. The written appeal shall provide the reasons the petitioner contends that the civil penalty was wrongly applied and any supporting documentation. (Ord. No. 1995-785, §1, 11-21-95; Ord. No. 2004-629, §2, 5-4-04; Ord. No. 2005-870, §2, 7-5-05; Ord. No. 2006-27, §1, 5-16-06; Ord. No. 2006-126, §2, 11-7-06, eff. 1-1-07)

(a) Any owner of a property within the City and one (1) mile beyond the City limits notified pursuant to §12-6003 that the property is a public nuisance as provided in §§12-6001 through 12-6004 of this Code shall, upon the issuance of the second nuisance notice of violation within twelve (12) months of the first nuisance notice of violation, be subject to an administrative fee of one hundred dollars ($100.00) in addition to any other charge. For each additional nuisance notice of violation occurring prior to the expiration of a twelve (12) month period following issuance of the first nuisance notice of violation, the owner shall be subject to an administrative fee of one hundred dollars ($100.00). The property owner may also be assessed any costs incurred in obtaining service of the public nuisance notice including legal publication. (b) An appeal of an administrative fee demand for payment must be filed in writing with the Director of the Inspections Department within ten (10) days after service of the written demand for payment of the Director of the Inspections Department on the petitioner. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied and any supporting documentation. (Ord. No. 2004-718-TC-258, §5, TC-17-04, 10-5-04; Ord. No. 2005-870, §1, 7-5-05; Ord. No. 2006-27, §1, 5-16-06; Ord. No. 2006-126, §3, 11-7-06, eff. 1-1-07) Cross reference: Administrative fees, §14-1012.

(a) Nuisance notices of violation issued by an inspector shall be served upon persons personally, by first class mail, or by posting on the property in conjunction with first class mail. Service shall be deemed sufficient if the first class mail is not returned by the post office within ten (10) days after the mailing. Service by posting shall be deemed sufficient if the first class mail is returned and notice of the pending proceedings was posted in a conspicuous place on the property affected on the day the first class mail notice was sent. (b) Abatement notices, assessments of civil penalties and administrative fees, and appeal decisions shall be served upon persons personally or by first class mail. Service shall be deemed sufficient if the first class mail is not returned by the post office within ten (10) days after the mailing. (Ord. No. 2006-126, §4, 11-7-06, eff. 1-1-07)

(a) Any person assessed a civil penalty or an administrative fee may appeal by filing a written notice of appeal with the Director of the Inspections Department within ten (10) days after service of the written demand for payment of the assessment. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied and any supporting documentation. Failure to file a notice of appeal within this time period shall constitute a waiver of the right to contest the civil penalty or the administrative fee. (b) Using the information provided, the Director of the Inspections Department shall conduct a review of the appeal. The Director of Inspections may amend or reverse the assessment. (c) Unless the Director of Inspections resolves the appeal, the Director of Inspections shall schedule the appeal for determination by the City Council if the person who filed the appeal so requests. The City Council shall fix a reasonable time for the hearing of an appeal, shall give due notice of such hearing to the petitioner and the City Manager, and shall render its decision in a reasonable time. (d) The City Council's decision on a civil penalty appeal or an administrative fee is subject to further review in the superior court of the county by proceedings in the nature of certiorari. Any petition for writ of certiorari shall be filed with the clerk of superior court within 30 days after the date that the City Council's decision is issued. (Ord. No. 2006-126, §5, 11-7-06, eff. 1-1-07)

The Police Department and Inspections Department of the Cityshall be responsible for the administration and enforcement of this chapter. The Police Department shall be responsible for administering the removal and disposition of vehicles determined to be "abandoned" on the public streets and highways within the City, and property owned by the City. The Inspections Department shall be responsible for administering the removal and disposition of "abandoned" and "nuisance" vehicles located on private property. The City may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles and nuisance vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the City Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties. (Ord. No. 1984-294, §2, 2-21-84)

For purposes of this chapter, certain words and terms are defined as follows: (a)Abandoned vehicle. An abandoned motor vehicle is one that is: (1) Left upon a public street or highway in violation of a law or ordinance prohibiting parking; or (2) Left on a public street or highway for longer than seven (7) days; or (3) Left on property owned or operated by the City for longer than twenty-four (24) hours; or (4) Left on private property without the consent of the owner, occupant or lessee thereof, for longer than two (2) hours. (b)Authorizing official. The supervisory employee of the Police Department or the Inspections Department, respectively, designated to authorize the removal of vehicles under the provisions of this chapter. (c)Booting or immobilization service. Any person or entity that engages in, or owns or operates a business that engages in, immobilizing or "booting" of motor vehicles for a fee by placing any device, including but not limited to a wheel lock, on the vehicle. (d)Motor vehicle or vehicle. A machine designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle. (e)Nuisance vehicle. A motor vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be: (1) A breeding ground or harbor for mosquitoes or other insects or a breeding ground or harbor for rats or other pests; or (2) A point of heavy growth of weeds or other noxious vegetation over eight (8) inches in height; or (3) A point of collection of pools or ponds of water; or (4) A point of concentration of combustible items such as gasoline, oil, other flammable or explosive materials including but not limited to boxes, paper, old clothes, rags, refuse, or any other combustible materials or objects of a like nature; or (5) One which has parts thereof which may fall and injure members of the public or one which may have parts which fall or be closed and become an area of confinement which may not be released for opening from the inside; or (6) One which is so situated and located that there is a danger of the vehicle falling, rolling, turning over, or creating an unsafe movement such as unattended, blocked or jacked vehicles; or (7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind; or (8) One which has parts thereof which are jagged or contain sharp edges of metal or glass; or (9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the City Council. (f)Non-consensual towing. Non-consensual towing means motor vehicle towing performed by a tow truck if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle. This definition shall not include non-consensual tows that occur at the direction of a Raleigh Police Officer or other Raleigh City Official or as a result of a vehicle seizure or repossession by a lien holder. (g)Private parking lot. A privately-owned area created, designed, or used for the parking of motor vehicles. As used herein, a private parking lot does not include driveways, yards of residences, or areas owned or leased by the City or another government entity. (h)Storage facility. A place to which trespass vehicles are transported and stored in connection with non-consensual towing of a vehicle. (i)Towing service. Any person or entity, whether licensed or not, that engages in, or who owns or operates a business which engages, in whole or in part, in the towing or removal of motor vehicles for a fee. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 1986-837-TC-271, §§3—5, 8-5-86; Ord. No. 2004-736, §1, 11-16-04; Ord. No. 2021-272 , §1, 9-7-21)

It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined herein. Upon investigation, proper officials of the Citymay determine that a vehicle is an abandoned vehicle and order the vehicle removed. Violation of this section is an infraction and may be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 2022-339 , §53, 2-15-22)

It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle. Upon investigation, proper officials of the Inspections Department may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed. Violation of this section is an infraction and may be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 2022-339 , §54, 2-15-22)

Except as set forth in §12-7006 below, a vehicle to be removed because it has been abandoned or declared to be a nuisance vehicle shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In such instances, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the City on a specified date (no sooner than seven (7) days after the notice is affixed), unless the vehicle is moved by the owner or legal possessor prior to this time. With respect to abandoned vehicles on private property and nuisance vehicles, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned or a nuisance vehicle, such appeal shall be made to the City Councilin writing, heard at a regularly scheduled meeting of the Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. (Ord. No. 1984-294, §2, 2-21-84)

The requirement that notice be affixed to an abandoned or nuisance vehicle at least seven (7) days prior to removal may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include: (a)Vehicles abandoned on the streets. For vehicles left on the public streets and highways, such circumstances include, and the City Council hereby determines that immediate removal of such vehicles may be warranted when they are: (1) Obstructing traffic (Code §11-2171(a)), (2) Parked at the designated places identified in Code §11-2171(b)(1)—(11), (3) Parked in a no-stopping or standing zone (Code §11-2173), (4) Parked in loading zones (Code §11-2177), (5) Parked in bus zones (Code §11-2178), (6) Parked in violation of temporary parking restrictions imposed under Code §11-2181. (b)Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on City-owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration but not limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. (Ord. No. 1984-294, §2, 2-21-84)

Any vehicle which has been determined to be an abandoned or a nuisance vehicle may, as directed by the City, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the City. Whenever such a vehicle is removed, the authorizing City official shall immediately notify the last known registered owner of the vehicle, such notice to include the following: (a) The description of the removed vehicle; (b) The location where the vehicle is stored; (c) The violation with which the owner is charged, if any; (d) The procedure the owner must follow to redeem the vehicle; and (e) The procedure the owner must follow to request a probable cause hearing on the removal. The Cityshall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in subsections (a) through (e) above, shall, unless this notice is waived in writing by the vehicle owner or his agent, also be mailed to the registered owner's last known address. If the vehicle is registered in North Carolina, notice shall be given within twenty-four (24) hours. If the vehicle is not registered in the State, notice shall be given to the registered owner within seventy-two (72) hours from the removal of the vehicle. Whenever an abandoned or nuisance vehicle is removed, and such vehicle has no valid registration or registration plate, the authorizing City official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information as set forth in subsections (1) through (5) above. (Ord. No. 1984-294, §2, 2-21-84)

After the removal of an abandoned motor vehicle or vehicle declared to be a nuisance vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the Wake County magistrate designated by the Chief district court judge to receive such hearing requests. The magistrate will set the hearing within seventy-two (72) hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. 20-222, as amended. (Ord. No. 1984-294, §2, 2-21-84)

At any stage in the proceedings, including before the probable cause hearing, the ownermay obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle. (Ord. No. 1984-294, §2, 2-21-84)

Any vehicle declared to be an abandoned or a nuisance vehicle under this chapter which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle;. Disposition of such a vehicle shall be carried out in coordination with the City through a procedure similar to that provided in G.S. Chapter 44A, Article 1. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 1992-46, §1, 9-1-92)

As a general policy, the City will not remove a vehicle fromprivate property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the City from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is declared a nuisance vehicle. The Citymay require any person requesting the removal of an abandoned or nuisance vehicle from private property to indemnify the City against any loss, expense or liability incurred because of the removal, storage, or sale thereof. Any owner, occupant or lessee of a property requesting removal of an abandoned or nuisance vehicle from private propertyshall be required to pay a one hundred dollar ($100.00) administrative fee upon written request for removal of said vehicle. (Ord. No. 1984-294, §2, 2-21-84; Ord. No. 2004-629, §3, 5-4-04)

No personshall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned or nuisance vehicle, for disposing of such vehicle as provided in this chapter. (Ord. No. 1984-294, §2, 2-21-84)

Nothing in this chapter shall apply to any vehicle in an enclosed building or any vehicle on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. (Ord. No. 1984-294, §2, 2-21-84)

It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the City any vehicle which has been impounded pursuant to the provisions of this Code, unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid. (Ord. No. 1984-294, §2, 2-21-84)

(a) It is an offense of this ordinance to tow a motor vehicle from a parking space in a private parking lot unless the space and lot are clearly designated as such with signs no smaller than twenty-four (24) inches by twenty-four (24) inches prominently displayed at all entrances thereto, displaying the current name and current phone number of the towing service and storage facility, and, if individually owned or leased, the parking lot or spaces within the lot are clearly marked by signs of setting forth the name of each individual lessee or owner, as mandated by G.S. 20-219.2. It is a further offense of this ordinance to place an immobilization device on a motor vehicle parked in a parking space in a private parking lot unless the space and lot are clearly designated as such with signs no smaller than twenty-four (24) inches by twenty-four (24) inches prominently displayed at all entrances thereto, displaying the current name and current phone number of the towing service and storage facility, and, if individually owned or leased, the parking lot or spaces within the lot are clearly marked by signs of setting forth the name of each individual lessee or owner. The civil penalties for an offense of this section are as prescribed in subsection (f). (b) Any towing service or storage facility engaged in the business of providing non-consensual towing or immobilization services shall accept payment by cash, debit card or a major national credit card. The towing service or storage facilityshall provide a receipt of payment to the owner or operator of the motor vehicle. Failure to accept credit or debit cards for payment is a violation of this section and is punishable as a misdemeanor. (c) The operator of any tow truck immobilizing or removing a private vehicle at the request of any person, other than a police officer on duty shall report to the Raleigh Police Department the fact that the vehicle was immobilized, or if removed, that it was towed. If the motor vehicle was towed, the operator shall provide the motor vehicle's present storage space, together with a description of the vehicle and the tag number. The report shall be made by telephonic communication within one (1) hour after the vehicle is immobilized or deposited at the storage site. Any person, operating an immobilization service or towing service, or storage facility within the City shall maintain an attendant on call twenty-four (24) hours every day capable of acknowledging requests for vehicle release within fifteen (15) minutes of receiving a call and of releasing the vehicle within forty-five (45) minutes of receiving the call. The attendant shall be clothed with the authority to release any vehicle upon the legal conditions of release being fulfilled. Lighting in the lot shall be provided at a minimum average maintained footcandle value of two (2) at the surface level. Vehicles towed shall be secured in a fenced storage lot in a location that is accessible by public transportation, in such a manner as to keep the vehicles safe from harm, and within fifteen (15) miles of the location from which the vehicle was towed if the storage lot is located within the City or within ten (10) miles of the location from which the vehicle was towed if the storage lot is located outside of the City. All tow trucks performing non-consensual tows shall display the name and telephone number of the towing company on each side of the tow truck. (d) The operator of any tow truck summoned to tow away any vehicle in a non-consensual towing shall not tow the vehicle away and shall release the vehicle if the operator of the vehicle returns prior to the tow truck having left the location to which it was summoned. The tow truck operator shall permit the owner of a towed vehicle to remove personal property from a vehicle in the custody of the tow truck operator. If the tow truck operator has removed personal property from the vehicle it shall be returned to the owner of the property upon request made to the tow truck operator. The operator is not prohibited from charging a fee to release the vehicle, but if a fee is required, the operator shall provide a receipt of payment to the owner or operator of the motor vehicle. Failure to accept credit or debit cards for payment is a violation of this section. (e) No towing serviceshall remove a motor vehicle from a private parking lot on a weekday from the hours of 10:00 a.m. to 5:00 p.m. unless the owner or agent of the private parking lot signs a contemporaneous specific written authorization for such removal which is presented to the wrecker driver of the towing service The agent must be someone other than an employee of the towing service. The written authorization shall contain the reason for the tow, the vehicle make, model, year, color, vehicle identification number (VIN) and license plate number. Following a tow under this subsection, the towing serviceshall follow the same notification procedures required under subsection (c) of this section. (f) Violations of this section shall carry civil penalties as follow: First violation $200.00 Second violation within a two-year period of the first violation $300.00 Third violation within a two-year period of the first violation $400.00 Fourth violation within a two-year period of the first violation $750.00 Fifth violation within a two-year period of the first violation $1,000.00 (Ord. No. 2002-350, § 1, 12-18-02; Ord. No. 2004-736, §§2—4, 11-16-04; Ord. No. 2008-469, §1, 10-7-08; Ord. No. 2021-272 , §2, 9-7-21; Ord. No. 2022-332 , §1, 2-1-22; Ord. No. 2022-340 , §6, 2-15-22)

Any owner of a property within the City whose property has a nuisance vehicle on it as defined by City Code §10-7002(d)(1)—(9) shall be subject to an administrative fee of one hundred dollars ($100.00) per vehicle. The property owner may also be assessed any costs in obtaining service of the nuisance vehicle notice including legal publication. (Ord. No. 2004-671, §1, 7-6-04)

Automobile repair facility. Any motor vehicle dealership, garage, body shop or any other business at which repairs and replacements are made to the bodies and windshields of motor vehicles. Owner or operator. Anyone owning or operating an automobile repair facility or anyone in their employ or any independent contractor engaged in working on automobile bodies or windshields in an automobile repair facility. Bullet hole. Any indentation or penetration of an automobile body or windshield whose size shape or fracture pattern indicates that it was more than likely caused by a bullet or other projectile fired by any type rifle, pistol, shotgun or any other type of gun whether manually operated or automatic. (Ord. No. 2005-838, §1, 5-17-05)

The owner or operator of any automobile repair facility shall report to the Raleigh Police Department any motor vehicle brought to their business for repair or repair estimates if the motor vehicle appears to have bullet holes in the body or windshield or any other part of the motor vehicle that the owner or operator may have cause to examine. The information shall be reported on a form to be provided to the repair facility by the City of Raleigh. The form may be delivered by hand or electronically transmitted to the City so long as the delivery is completed as soon as possible but no later than the close of business on the day on which the car is first examined by the owner or operator. The form shall contain at a minimum the name, if known, of the registered owner of the vehicle; the name of the person presenting the vehicle for repair; the address of the owner or other person presenting the vehicle for repair and a description of the size, number and location of the suspected bullet holes. Any violation of this chapter is a misdemeanor. (Ord. No. 2005-838, §1, 5-17-05)

It shall be unlawful for any person to injure or deface any signboard, signpost, gas fixture, or gas pipe, water fixtures, or water pipe, lamp or lamppost, or any other property of the City.

(a) For information furnished to the Police Department leading to the apprehension and conviction of persons guilty of taking or maliciously damaging property of the City, there shall be adequate reward given by the Council of the City, the amount thereof to be determined by the Council upon the final conviction of the defendant. (b) In no event shall the amount of a reward exceed five hundred dollars ($500.00) and the determination of such amount in each case by the Councilshall be final. (c) For information relating to each event of malicious taking or damaging property of the City, there is hereby offered a reward of one hundred dollars ($100.00) when such information, furnished to the Police Department, leads to the apprehension and conviction of any person or persons for the malicious taking or damage reported. (Code 1959, §15-24.1) Charter reference: Authority to offer and pay rewards, §2.14(66). Cross reference: Police Department, Part 5, Ch. 1.

It shall be unlawful for any person to remove any books, vouchers, checks, warrants, or any other financial records of the City from the City hall, except that the records shall be removed through or in response to order of court as provided by law for the production of such books, papers or vouchers in a trial or proceeding; or, except at the specific request of the State local government commission; or, except, as the same may be needed and used by the City Attorney in connection with litigation or proving claims or controversies affecting the City; or, upon the authority of the Council given, in which event the same shall be removed only after written request shall have been given to the Council stating the purpose for the removal, the place that the books are to be removed to and the period of time that they shall remain out of the City hall, and in this event permission to remove the books shall be granted only after a majority vote of the Council. (Code 1959, §15-39) State law reference: Public records, G.S. Chapter 132.

It shall be unlawful for any person to ignite, carry, transport or to cause to be ignited, carried or transported or to allow to burn on or across any sidewalk, street, easement, right-of-way, park or other property of any kind owned or otherwise controlled by the City, any flame, fire, or lighted nonelectric lantern, other than a match, cigarette lighter or lighted pipe, cigar, or cigarette; provided the foregoing shall not apply to City employees or employees of a licensed utility company engaged in the performance of their duties; nor to workers engaged in the performance of their duties pursuant to a valid contract with the City; nor to construction workers working under a valid permit issued by proper authorities; provided further, it shall not be unlawful to build or ignite fires in cooking pits, fireplaces or other areas on City-owned or controlled property designated by the City as areas for fires, cooking or burning. (Code 1959, §15-49)

(a) It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door, or lock which may not be released for opening from the inside of such icebox, refrigerator or container. (b) It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight snap lock or other device thereon without first removing the snap lock or doors from such icebox, refrigerator or container. (c) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §15-1; Ord. No. 2022-339 , §55, 2-15-22) State law reference: Similar state law, G.S. 14-318.1.

It shall be unlawful for any person to inscribe or post any outdoor advertising matter upon any public street or sidewalk or any post, tree, standard or other structure on the streets or public alleys of the City; provided, however, this section shall not prohibit the posting of signs in an effort to raise funds for a public charitable purpose. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §15-2; Ord. No. 2022-339 , §56, 2-15-22)

(a) The term aircraft as used in this section means any aeroplane, airplane, gas bag, glider, flying machine, balloon, any contrivance now known or hereafter invented, used and designed for navigation of or flight in the air except a helicopter, a parachute, or other device used primarily as safety equipment. (b) It shall be unlawful for any person, within or over the corporate limits of the City, to guide or operate an aircraft in any manner designed to give any demonstration of trick flying, or aerial acrobatics, or stunts, or to make or cause to make any manipulation of the control of any such aircraft as may tend to divert such aircraft from an otherwise normal flight. (c) Except while taking off from or landing at an established landing field or airport, or pursuant to a permit under subsection (e) hereof, no person, firm or corporation shall fly or permit any aircraft to be flown over the corporate limits of the City or City-owned property except at a height sufficient to permit a reasonably safe emergency landing, which in no case shall be less than one thousand (1,000) feet. (d) The term established landing field or airportshall include public airfields and airports and private airfields and landing strips authorized under the provisions of §10-2073(c)(15) of this Code. (e) For the purpose of aerial photography or for other temporary, special purpose, a permit must be obtained from the City Manager in order to operate aircraft at an altitude lower than one thousand (1,000) feet or to take-off or land an aircraft at places other than established landing fields or airports. Such a permit will be granted only if proof is offered to the City Manager that: (1) All applicable FAA standards and restrictions will be complied with; (2) The proposed flight, take-off or landing will not conflict with other scheduled public or private activities; and (3) The health, safety and welfare of the public will not be jeopardized. (Code 1959, §15-5; Ord. No. 1980-443, §1, 9-2-80)

(a) Except pursuant to a valid permit issued under this section, it shall be unlawful for any person or persons to make a parachute jump from an aircraft, balloon or helicopter over or within the corporate limits of the City. (b) A permit may be issued by the City Manager for parachute jumps associated with public exhibitions, demonstrations, or for other temporary, special purposes or occasions. Such a permit will be granted only upon proof that: (1) All FAA standards and restrictions will be complied with; (2) The proposed parachute jump or jumps will not conflict with other scheduled public or private activities; and (3) The health, safety and welfare of the public will not be jeopardized. (Code 1959, §15-4; Ord. No. 1980-443, §2, 9-2-80)

It shall be unlawful, except in case of emergency, for a helicopter to take off from or land within the corporate limits of the City of Raleigh, except under the conditions set out herein. (a)Definitions. The following words used herein shall have the meaning set out below: (1)Heliport, unlimited use. The words heliport, unlimited useshall mean a landing area used by helicopters which, in addition, includes all necessary passenger and cargo facilities, maintenance and overhaul, fueling, service, storage, tie-down areas, hangars, and other necessary buildings and open spaces. (2)Heliport, limited use. The words heliport, limited useshall mean a landing area used for the landing and taking off of helicopters, including all necessary passenger and cargo facilities, fueling, and emergency service facilities. (3)Helistop, unlimited use. The words helistop, unlimited useshall mean any land used for the landing and takeoff of helicopters for the purpose of picking up or discharging passengers or cargo, not including fueling, refueling, or service facilities. (4)Helistop, limited use. The words helistop, limited useshall mean a landing area for the purpose of takeoff or landing of private helicopters for the purpose of picking up or discharging passengers or cargo, and shall not be open to use by any helicopter without prior permission having been obtained. Helistops of both limited or unlimited use may be established on the tops of buildings. (b)Area requirements. (1) Area requirements for helicopters, whether for limited or unlimited use shall be as follows: The minimum landing area for each heliport shall be two hundred (200) feet by four hundred (400) feet, not including tie-down facilities, taxiways, terminal buildings, parking areas, service areas, and areas for other necessary facilities. (2) The area requirements for helistops, whether for limited or unlimited use shall be as follows: The minimum landing area for helistops, whether for limited or unlimited use shall be one hundred (100) feet by one hundred (100) feet, but if the helistop is on a building, the minimum landing area shall be forty (40) feet by forty (40) feet. The landing area shall be surrounded by a fence at least four (4) feet in height. (c)Approach zones. Approach zones to a heliport or helistop must be sufficiently clear of obstructions to provide a slope of 8:1 (approximately seven (7) degrees measured from the horizontal). If necessary, a curved approach may be used. (d)High voltage transmission lines. Heliports and helistops shall not be established in close proximity to high voltage transmission lines. (e)Landing area alignment. The landing area shall be aligned to give maximum "into-the-wind" operation. (f)Surfaces. The actual area used for landing must be made of such material that it will be free of dust, loose ground, and particles of concrete which may be blown about by the down blast of air of the rotor, and must be properly drained. (g)Federal aviation agency standards. In the event of a conflict between the provisions of sections 13-2003, 13-2004 and 13-2005 of this Code and the standards and regulations of the Federal Aviation Administration (FAA), such conflict shall be resolved in favor of the applicable FAA standards and regulations. (h)Landings only at designated facilities. It shall be unlawful, except in cases of emergency, for a helicopter to take off or land within the corporate limits of the City except at a designated heliport or helistop, as defined in this Code; provided, infrequent, special take-offs or landings may be allowed pursuant to a permit from the City Manager under subsection (j) hereof. (i)Location. Heliports and helistops may be established within the City limits of the City only as provided by §10-2144(b), airfield, landing strip and heliport for vertical landing aircraft. (j)Special landing or take-off permits. The City Manager may issue special permits for the landing or taking off of helicopters within the corporate limits at other than designated heliports and helistops upon proof that: (1) All FAA standards and restrictions will be complied with; (2) The proposed take-off or landing will not conflict with other scheduled public or private activities; and (3) The public health, safety and welfare will not be jeopardized. (Code 1959, §15-4.1; Ord. No. 1980-443, §3, 9-2-80; Ord. No. 1991-879E-TC-388, §1, 11-19-91)

It shall be unlawful for any person in any aircraft to throw or cause or permit to be thrown out, discharged, or dropped any ballast, instruments, tools, containers, posters, handbills, samples, or other material, unless it be directly over a place designated for the purpose; and all tools and equipment carried in or upon aircraft shall be adequately fastened in place before leaving the ground and shall so remain except when in actual use; provided, the Council, within its discretion, may, upon formal application made in writing to the Council, permit the distribution of such advertising matter as to the Councilmay appear consistent with the public interest. (Code 1959, §15-5) State law reference: Regulation of aircraft overflight, G.S. 160A-180.

(a) It shall be unlawful for any person to beg or panhandle as defined in §13-2031 of this Code upon the streets or any other public property without first obtaining a permit from the Chief of Police or his designee. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (b) Application for the permit shall be in writing on a form furnished by the Chief and shall be submitted to the Police Department at least forty-eight (48) hours before the first day sought for begging. The application shall include the full legal name of the applicant, the applicant's address, telephone numbers, and e-mail addresses, and any other information needed to establish the applicant's identity. The applicant shall also provide picture identification at the time the application is submitted or, if picture identification is impractical, the applicant shall provide other documentation that definitively establishes identity. The Chief shall grant the permit unless: (1) The application contains a false or fraudulent statement; or (2) The applicant has been convicted of violating begging or panhandling ordinances within the twelve (12) months prior to the application date. The Chief shall grant or deny the permit within twenty-four (24) hours after a completed application is submitted. An applicant may appeal a denial of a permit to the City Manager if the appeal is taken within ten (10) days after receiving actual notice of the denial. (c) A permit shall be valid for one year from the date of issuance or until the permit holder is convicted of a violation of the City's begging and panhandling ordinances. If a permit holder is convicted of a violation of the begging and panhandling ordinances, the holder shall not be eligible for another permit for a period of one year from the date of conviction of the offense. Any revocation of a permit pursuant to this section may be appealed to the Chief of Police, or his designee, if the appeal is taken within ten (10) days of notice of the revocation. (d) Issuance of a permit under this section does not authorize begging in locations where it is otherwise prohibited by law. (Code 1959, §15-6; Ord. No. 2011-836, §1, 2-1-11, eff. 3-18-11; Ord. No. 2012-29, §1, 3-20-12, eff. 3-25-12; Ord. No. 2022-339 , §57, 2-15-22) State law reference: Authority to regulate and prohibit begging, G.S. 160A-179.

(a) It shall be unlawful to promote or advertise by radio, television, newspaper, or other advertising medium a treasure hunt or other similar contest or competition in which a prize or other thing of value is given or promised to the person who shall find such prize (or a token which would indicate that such finder was entitled to such prize), unless the prize or token is concealed on property owned or controlled by the promoter of the contest, or on private property within the written consent of the owner, and the boundaries of such property are clearly defined in the clues giving the location of the prize or token. (b) This section shall apply only to contests or competitions in the advertisement of which it is indicated that the prize or token is or might be concealed within the City limits. (Code 1959, §15-6.1)

It shall be unlawful for any person to sell or offer for sale within the corporate limits of the City, or within a radius of one mile thereof, any firecrackers, cannon, Roman candles, skyrockets, or other fireworks. Explosives as defined in the Fire Prevention Code may be sold only in conformity with the provisions of that Code. (Code 1959, §15-20) Cross reference: Adoption of Fire Prevention Code, §5-2031. State law reference: Authority to regulate fireworks, G.S. 160A-183.

(a) It shall be unlawful for any person to shoot or discharge within the corporate limits of the City, any air rifle, gun or pistol, or any spring gun, pistol, or other similar device which impels with force any shot or pellet of any kind. The Chief of Police or any member of the Police Department is hereby authorized to seize and hold subject to order of court, any such air rifle, gun or pistol or spring gun or pistol, or other similar device which impels with force any shot or pellet of any kind, which shall be used, shot, or discharged within the City, in violation of this section. This subsection shall not become effective immediately with respect to property which meets the following criteria: (i) consists of one thousand (1,000) or more contiguous acres under common ownership; (ii) does not contain an occupied residence; (iii) has been annexed by voluntary petition with an effective date on or after July 1, 1995; and (iv) the owner shows by satisfactory proof that there is an outstanding lease, for hunting purposes, to an organized hunting club. This subsection shall become effective with respect to such property on the earlier of three (3) years after the effective date of annexation or the date the hunting club lease, including allowable extensions, expires or is terminated. The propertyownershall notify the City of the expiration or termination of the lease if within the three-year period. Between the effective date of annexation and the date this subsection becomes effective, firearms may be discharged on the property only for hunting purposes by persons who are members or permitted guests of the lessee hunting club, or otherwise as allowed by this section, but in no event within one thousand (1,000) feet of an occupied residence. (b) Nothing in this section shall be construed to prevent a person over twenty-one (21) years of age using a .22 calibre rifle with blank or shot cartridges upon property owned or occupied by him from firing upon pigeons, squirrels or rats (when not in violation of state law) upon or around an apartment or dwelling or, with written permission of the owner and occupant, another occupied facility, if such personshall first procure a permit from the Chief of Police for such purpose. The permit shall run for not more than ninety (90) days, and shall authorize firing during daylight hours on weekdays only upon premises owned or occupied by the applicant, and shall be revocable by the Chief of Police upon a violation of its conditions or upon complaint that the permit holder is not exercising his privilege in a careful and prudent manner and with due regard to life and property. Permits shall not be issued for property located within one hundred fifty (150) feet of a school or park. (c) The provisions of this paragraph shall not be construed to prohibit the discharge of such devices either during a course of instruction in their use conducted by the Police Department of the City or on a firing range completely enclosed within a building in the City, after inspection of the building and approval of the use of such range by the Police Department from the standpoint of public safety. (d) It shall be illegal to possess a firearm, including concealed handguns otherwise allowed by the provisions of G.S. article 54B, on or about the person on any City-owned or controlled property, whether real or personal. The City Manager is hereby directed to post an appropriate notice of the ban on concealed handguns at and in every lot or building owned or controlled by the City. This prohibition shall not apply to on-duty law enforcement personnel, active duty military personnel on assignment, or to any activities carried out on a City-owned or controlled fire range. (e) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Code 1959, §15-21; Ord. No. 1981-562, §1, 1-6-81; Ord. No. 1992-8, §1, 7-7-92; Ord. No. 1993-188, §1, 5-4-93; Ord. No. 1995-749, §1, 10-18-95; Ord. No. 1995-788, §1, 12-5-95; Ord. No. 2002-277, § 1, 9-3-02; Ord. No. 2022-339 , §58, 2-15-22) Cross reference: Weapons prohibited, §9-2021. State law reference: Authority to regulate firearms, G.S. 160A-189. Sec. 13-2010.1. SAME—DISPLAY ON PUBLIC PROPERTY WHILE UNDER THE INFLUENCE OF AN IMPAIRING SUBSTANCE. (a) It shall be unlawful for any person to display any air rifle, gun, or pistol or any spring gun, pistol, or other similar device which impels with force any shot or pellet of any kind on any street, sidewalk, alley, or other public property or within a motor vehicle on any street, sidewalk, alley, or other public property while under the influence of an impairing substance. Unless otherwise defined in Part 14 of this Code, all words and terms of this section shall have the same meaning as defined in G.S. chapter 20 and the offense of impairment shall be the same as impaired while driving a noncommercial vehicle as set forth in G.S. chapter 20. (b) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1993-267, §§1, 4, 9-21-93; Ord. No. 2022-339 , §59, 2-15-22)

It shall be unlawful for any person within the corporate limits of the City to sell, deliver or release any amount of gasoline to any person under the influence of any intoxicating liquor or drugs. (Code 1959, §15-22)

(a)Definitions. (1)Molotov cocktail is defined as any breakable container or any container designed in such a manner that upon being propelled it will at impact empty its contents, filled with an inflammable fluid or substance, fitted with a fuse or wick. (2)Firebomb is defined as any type of object designed or constructed so that upon being propelled it will explode or ignite its area of impact. (b)Prohibited acts. (1) It shall be unlawful for any person or persons to manufacture, possess, transport or use any Molotov cocktail or other firebomb. (2) It shall be unlawful for any person or group of persons to possess all the items needed to manufacture Molotov cocktails or other firebombs other than on his or their premises. (Code 1959, §15-29.1)

It shall be unlawful for any person to shine shoes on the streets of the City. (Code 1959, §15-40)

It shall be unlawful for any person or persons in the City to throw, pitch, or otherwise cast out of a window or other opening above the first story of a building into the street or on the awning, roof, or top of any other building, a lighted cigarette, cigar or match, or any drinking cup, glass bottle, or other debris or refuse whatsoever. (Code 1959, §15-47)

On public or on private property used by the public or patrons of a business establishment where separate toilet facilities are provided for the use of different sexes and such facilities are conspicuously labeled to give notice of the sex for which the facility is set apart, it shall be unlawful for a member of one sex to enter or use a facility provided for members of the opposite sex. Provided this section shall not be construed to prevent the inspection of toilet facilities by the owner or person in charge thereof or the designated agent of either, nor to prevent the performance of janitorial services therein by the person or persons designated to perform such services when members of the opposite sex are not present. (Code 1959, §15-48)

No railroad company or employee shall allow any passenger train involved in switching operations or the embarking or debarking of passengers to continuously block the railroad crossing at Cabarrus Street for a period exceeding ten (10) minutes. No other street crossing in the Cityshall be continuously blocked by any train for a period of time longer than ten (10) minutes. (Code 1959, §18-2; Ord. No. 1981-785, §2, 11-3-81; Ord. No. 1981-786, §1, 11-3-81; Ord. No. 1986-866, §1, 10-7-86; Ord. No. 1987-6, §1, 6-16-87; Ord. No. 1990-642, §§1, 2, 9-4-90; Ord. No. 1997-182, §1, 9-2-97) State law reference: Authority to regulate railroads and trains, G.S. 160A-195.

The Council expressly declares that public appearances, whether in motor vehicles or otherwise, of persons who are masked or hooded and unidentifiable, threaten the supremacy of the law and cannot be permitted in the City. The City herein exercises its police power to protect its citizens from intimidation, the public from crime by masked and hooded persons, and to give to its police the fullest opportunity to detect, apprehend and bring to justice, violators of the law. (Code 1959, §15-26)

For the purpose of sections 13-2017, 13-2019 and 13-2020 the following terms shall have the meanings ascribed to them respectively: (a) The term mask includes any mask, device or hood whereby any portion of the face is so hidden or covered as to conceal the identity of the wearer. (b) The term public place includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; all grounds and buildings owned or leased by, maintained or operated by public authority; all buildings owned, leased or operated for the use of organizations enjoying any tax-exempt privilege as a charitable use. (Code 1959, §15-27)

It shall be unlawful for any person, while masked, to be or appear on or in any public place in the City. (Code 1959, §15-28)

The following are exempted from the provisions of sections 13-2017 and 13-2019: (a) All children under the age of seventeen (17). (b) All workers while engaged in a work wherein a covering is worn for physical safety and protection against occupation hazards or because of the nature of the occupation, trade or profession. (c) Persons while wearing traditional holiday costumes. (d) Persons while engaged in theatrical productions or masquerade balls. (e) Persons wearing gas masks prescribed in civil defense drills and exercises or emergencies. (Code 1959, §15-29)

All persons residing in the City are entitled to the equal protection of their lives and property. It is the purpose of the law to protect all, not only against physical violence but also against threats and intimidation. The City Council finds that there arises a threat to the good order and peace of the City in the use of certain signs and symbols for the purpose of intimidating certain people and groups of people. The City and its duly constituted authorities cannot permit persons, known or unknown, to issue either actual or implied threats against other persons in the City by exhibiting any sign or symbol in the form of a burning or flaming cross, or otherwise, for the purpose of intimidation. Persons in this City are and shall continue to be answerable only to the established law as enforced by the legally appointed officers. (Code 1959, §15-8)

For the purpose of sections 13-2021 through 13-2026 the term public place includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; all grounds and buildings owned, leased by, operated or maintained by public authority. (Code 1959, §15-9)

It shall be unlawful for any person to place or to cause to be placed in a public place in the City a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part. (Code 1959, §5-10)

It shall be unlawful for any person or persons to place or cause to be placed on the property of another in the City a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part, without first obtaining written permission of the owner or occupier of the premises so to do. (Code 1959, §15-11)

It shall be unlawful for any person to ride, march or parade (on foot, in or upon any vehicle, or otherwise) in any public place in the City while displaying any flaming or burning cross, real or simulated. (Code 1959, §15-12)

It shall be unlawful for any person to place or cause to be placed anywhere in the City any exhibit of any kind whatsoever with the intention of intimidating any person, to prevent them from doing any act which is lawful or to cause them to do any act which is unlawful. (Code 1959, §15-13)

It shall be unlawful for any person to conduct, advertise, promote or in any way participate in any marathon dance or walking contest, walkathon, or similar physical endurance contest or performance continuing or intended to continue for a period of more than eight (8) hours, whether or not an admission fee is charged, or a prize awarded to one or more participants for participation therein, within the corporate limits of the City. (Code 1959, §15-18)

Fence required. In the interest of public safety and particularly the safety of children, every outdoor swimming pool (except commercial pools and pools operated by hotels or motels under constant surveillance) in the City heretofore or hereafter constructed having a depth of water of eighteen (18) inches or greater at its deepest point which are designed to utilize mechanical filtering systems shall be enclosed with a wire fence or other equivalent type barrier designed to minimize the possibility of young children and other unwary persons from entering the pool area unsupervised. The fence or barrier may enclose either the pool area only or the full property boundary area or any part of the property which includes the pool. The fence or barrier shall be designed to meet the following criteria: (a) The fence or barrier shall be at least forty-eight (48) inches in height. (b) Entrances through the fence or barrier shall be provided with self-closing gates which have self-latching mechanisms. (c) Openings under and through a fence or barrier with the gate(s) closed shall be sized so that a four-and-one-half-inch diameter sphere cannot pass through the openings. (d) Shrubbery or plantings are not acceptable as a fence or barrier. (e) A dwelling house or accessory building may be used as part of such enclosure. No person in possession of land in the City, either as owner, purchaser, lessee, tenant or licensee, upon which is situated a swimming pool shall fail to provide and maintain such barrier as herein provided. (Code 1959, §7-116; Ord. No. 1983-245-TC-205, §49, 12-6-83; Ord. No. 1992-898, §1, 1-7-92) Editor's note: This section was formerly numbered 7-4161.

(a) The discharge of any bow, slingshot, crossbow or other such device shall be prohibited within the City limits unless carried out under the following restrictions and conditions: (1) No arrow or other missile discharged in the Cityshall be tipped with a broadhead or hunting point. Only target or field points may be used. (2) No arrow or other missile shall be discharged on a lot located in a zoning classification allowing residences unless the lot is at least twenty-two thousand (22,000) square feet in size. (3) Any arrow or other missile discharged shall only be aimed at a target backed by a backstop measuring at least six (6) feet high and six (6) feet wide and of sufficient thickness to stop the passage of the arrow or other missile. In no event shall the thickness of the backstop be less than one (1) inch. If the lot upon which the shooting takes place contains a structure, any backstop must either be a part of the structure or else located between the user and the structure. (4) Anyone under the age of sixteen (16) yearsmay use the implements regulated by this section only when supervised by someone at least eighteen (18) years of age. (b) The provisions of this section shall not be construed to prohibit the discharge of such devices at archery ranges approved by a written permit issued by the Raleigh Police Department. The Raleigh Police Department shall establish and promulgate regulations for approving such ranges within ninety (90) days from the adoption of this section. A copy of the regulations relating to archery ranges shall be placed on file in the office of the City Clerk. No archery range shall be approved in an area where such use is prohibited by the City's zoning regulations. (Ord. No. 1989-461, §1, 11-21-89)

The placement or maintenance of electrically-charged fences, barriers, partitions, or obstructions that persons or animals might come in contact with is unlawful unless the fence is erected pursuant to a fence permit, is approved by the Underwriters Laboratory or any other testing laboratory approved by the State of North Carolina, and carries a current which does not exceed one ampere in strength. (Ord. No. 1991-831, §1, 8-6-91)

(a)Definitions. (1) Aggressively beg or panhandle is defined as begging which intimidates another person into giving money or goods. (2) Beg or panhandle means the act of in-person solicitation for an immediate donation of money or goods from passers-by whether by words, bodily gestures, signs, or other means. (3) Obstruct pedestrian traffic or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized pursuant to the City's picketing and parade ordinances and regulations are exempt from the coverage of this ordinance. (4) Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (b)[Provisions.] A Person is guilty of pedestrian interference if, in a public place, that person intentionally obstructs pedestrian or vehicular traffic or if that person aggressively begs. (c)Where and when prohibited. All begging and panhandling is prohibited at the following locations and times: a. No personshall beg or panhandle between the hours of sunset and sunrise, but in no event earlier than 8:00 a.m. or later than 8:00 p.m. No personshall beg or panhandle in a school zone while students are beginning or ending the school day. b. No personshall beg or panhandle in the following areas: (1) Within twenty (20) feet of any bus stop, train station or taxi zone. (2) Within one hundred (100) feet of any automated teller machine or any other machine at which money is dispensed to the public. (3) Within one hundred (100) feet of the entrance to any financial institution which is open for business. (4) Within twenty (20) feet of any commercial establishment which is open for business. (5) Within twenty (20) feet of any duly permitted outdoor dining area during hours of operation. (6) Within twenty (20) feet of the entrance to any residence or residential building. c. No personshall beg or panhandle in the following manner: (1) While under the influence of alcohol, illegal drug or prescription medication unless prescribed by a licensed physician. (2) By coming within three (3) feet of the person being approached unless that person has clearly indicated a desire to make a donation. (3) By blocking the path of any person along a sidewalk or street. (4) By following the person who has been asked for a donation after that person has either declined the request or walked away. (5) By using profane or abusive language during the request for a donation or after a donation has been refused. (6) By approaching an individual or individuals for the purpose of begging or panhandling in a group of three (3) or more. (7) By begging or panhandling in a manner which uses any statement, gesture or any other form of communication which a reasonable person would perceive as a threat. (8) By using false or misleading information such as stating that the donation is needed to meet a specific need which does not exist, is already met, or the requestor already possesses the funds necessary to meet the stated need. (9) By indicating that the requestor suffers from a physical or mental disability when the person making the request does not suffer from that disability. (d)[Penalty.] Pedestrian interference is a misdemeanor which may be punished according to the North Carolina General Statutes with a fine not to exceed five hundred dollars ($500.00) and imprisonment not to exceed thirty (30) days. (Ord. No. 1994-495, §1, 10-19-94; Ord. No. 2001-970, §1, 4-3-01; Ord. No. 2011-836, §§2, 3, 2-1-11, eff. 3-18-11; Ord. No. 2012-29, §2, 3-20-12, eff. 3-25-12)

It shall be unlawful for any person to enter or remain in or on a motorized vehicle of another after that person has been notified not to enter or remain there by the owner, by a person in charge of the motorized vehicle, or by another authorized person. In accordance with section 14-1005(a) of this Code, violation of this section is a misdemeanor. ( Ord. No. 2018-881, §1, 10-2-18 )

(a)Definitions. (1) Public space. The term public space shall mean streets, sidewalks, alleys, and other public property, as well as City-owned and City-controlled property. (2) Reasonable person. The term reasonable person means a reasonable person in the same or similar circumstances. (b)Offense. (1) It shall be unlawful for any person to harass another person in or about a public space. A person commits harassment in a public space if the person knowingly and intentionally and without lawful or legitimate purpose: a. follows another person in or about a public space with the intent to threaten or intimidate another person, or in a manner that would place a reasonable person in fear for that person's safety; or b. surrounds, crowds or corners another person or physically interferes with another person's movement through or in a public space with the intent to threaten or intimidate another person, or in a manner that would place a reasonable person in fear for that person's safety. (2) A person acts knowingly and intentionally when the person continues the conduct described above after the person to whom the conduct is directed has made a negative verbal response or taken action that a reasonable person would understand as a negative response. (3) A violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. ( Ord. No. (2023) 490 , § 1, 4-4-23)

It shall be unlawful for the occupant of any disorderly house to refuse to open doors and give entrance to any officer of the City or member of the police, demanding admission for the purpose of suppressing disorderly conduct therein. (Code 1959, §15-16) State law reference: Prostitution offenses, G.S. 14-204 et seq.

(a) It shall be unlawful for any female over age fourteen (14) or any other physically developed female to expose her breasts in such manner that they might be seen from, in or at any street or highway or place of entertainment or place of public assembly or any other public place of any kind whatsoever where any minor under the age of eighteen (18) is present or admitted or not prohibited from being present. (b) The term expose her breasts, as used herein, is defined as the revealing of the female breast or breasts with less than a fully opaque covering on any portion thereof lower than the top of any part of the areola. (Code 1959, §15-38.1)

(a)Ringelmann Chart adopted. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke for periods longer than four (4) minutes out of any period of thirty (30) minutes from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringelmann Chart published by U.S. Bureau of Mines, the standards of which are hereby fully adopted by the enactment of this section. The emission of such dense smoke is declared to be a public nuisance. (b)Method of measurement. Use of the Ringelmann Chart will be made by placing it at such distance from the observer that the squares appear as even shades of coloring or when no white spaces between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall not be less than one hundred (100) feet and no more than one-quarter (¼) mile from the smoke observed. (Code 1959, §15-40.1; Ord. No. 1989-390-TC-340, §11, 6-20-89) State law reference: Authority to regulate air pollutants, G.S. 160A-185.

(a)Generally. No personshall make or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device not specially authorized for use in such place by the Fire Marshal, in any of the following places: (1)Elevators: Elevators, regardless of capacity, in any public place. (2)Convention Center complex. It shall be unlawful for any person to smoke inside of buildings in the Convention Center complex during concerts, stage shows, and athletic contests. (3)Buses. It shall be unlawful for any person, while occupying any bus operating upon the streets of the City, to engage in smoking tobacco or any other substance in any form, or to have in his possession while on any such bus any lighted pipe, cigar or cigarette. (4)Theatres or public halls. It shall be unlawful to smoke within any theatre or public hall except as provided in §28.3 of the Fire Prevention Code as incorporated by reference into this Code. (5)Municipal complex. It shall be unlawful to smoke within the confines of the City Council Chamber (room 201) and in room 203, room 237 and room 305 of the new municipal building. (b)Placarding required. Every person, or his agent, having control of premises upon which smoking or the carrying of lighted objects is prohibited by or under the authority of this section, shall conspicuously display upon the premises signs reading "SMOKING PROHIBITED BY LAW" or "NO SMOKING." Such signs must be of a standard size and lettering approved by the Fire Marshal. The Fire Marshal shall also have the authority to designate the location of the signs. (c)Smoking signage. All restaurants within the City of Raleigh shall post the signs required by this subsection. Each sign required by this subsection shall be a minimum of eleven (11) inches by nine (9) inches in size with all capital letters at least one inch in height. The letters shall be white on a dark background or dark on a white background. The signs shall be prominently displayed within view of the main entrance for patrons into the restaurant. (1) A restaurant that lacks a nonsmoking section comprising twenty-five (25) per cent or more of a restaurant's capacity for patron seating shall display a sign stating "WE DO NOT PROVIDE A NONSMOKING SECTION." (2) A restaurant that provides a nonsmoking section comprising at least twenty-five (25) per cent but less than one hundred (100) per cent of the total public seating capacity shall display a sign stating "NONSMOKING SECTION AVAILABLE." The nonsmoking section may be divided into separate areas, but each area shall contain at least twenty-five (25) per cent of the total required number of nonsmoking seats. If this requirement is not satisfied, the restaurant does not contain a nonsmoking area pursuant to this subsection. A restaurant meeting these requirements shall prominently display at least one sign in each nonsmoking area stating "NONSMOKING AREA" OR "NO SMOKING IN THIS AREA" and including the international no smoking symbol. (3) A restaurant that permits no smoking in the patron seating area shall display a sign stating "NO SMOKING." (4) If a restaurant which meets the requirement for having a nonsmoking area employs a greeter to seat patrons, that greeter shall ask each party before seating it as to its preference for the smoking or nonsmoking section. (d)Vending machines. Tobacco products may be sold at retail through vending machines only under the conditions and at the locations named below: (1) In factories, businesses, offices, or other places not open to the public or where persons under the age of eighteen (18) are not permitted access. (2) A single vending machine may not be used to sell other commodities in combination with tobacco products. Any violation of this section is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not longer than thirty (30) days. (Code 1959, §15-41; Ord. No. 1988-167, §3, 5-3-88; Ord. No. 1990-514, §1, 3-20-90; Ord. No. 1990-534, §1, 4-17-90; Ord. No. 1990-613, §1, 6-19-90; Ord. No. 1991-848, §§1, 2, 9-17-91; Ord. No. 1995-577, §§1, 2, 3-7-95; Ord. No. 2008-451, §1, 9-2-08) Editor's note: Section 2 of Ord. No. 1991-848, adopted Sept. 17, 1991, added §13-3004(d), pertaining to vending machines for tobacco products. §5 of Ord. No. 1991-848 provided that said provisions would become effective on April 1, 1992. Cross references: Fire prevention code adopted by reference, §5-2031; public transit generally, Part II, Ch. 4.

(a) It shall be unlawful for any person occupying any bus operating upon the streets of the City to eat, drink, or possess open containers of food or drink, or to operate radios or other audio equipment. Provided, however, that such audio equipment may be used with earphones so that they are inaudible to persons not having such earphones. (b) The word "bus," as used in this section and in §13-3004, shall not include any bus operating in interstate commerce or operating between any two (2) or more municipalities in the State. (Code 1959, §15-42; Ord. No. 1986-870, §1, 10-7-86; Ord. No. 1988-167, §2, 5-3-88) Cross reference: Public transit generally, Part 11, Ch. 4.

It shall be unlawful for any person to massage or offer to massage the private parts of another for hire. "Massage" means the manipulation of body muscle or tissue by rubbing, stroking, kneading, tapping or otherwise, by hand or mechanical device used manually. "Private parts" means the penis, scrotum, mons veneris, vulva or vaginal area. The provisions of this section shall not apply to licensed medical practitioners, registered nurses, practical nurses, osteopaths or chiropractors, or persons operating at their directions, in connection with the practice of medicine, chiropractic, or osteopathy. (Code 1959, §15-50) Cross reference: Massage regulations and prohibitions, §12-2131et seq.

It shall be unlawful for any person to write, paint, draw, carve or cut any obscene word, letters or device in any public place. (Code 1959, §15-33)

As authorized by the provisions of G.S. 14-208, as amended, the City Council hereby finds that prostitution is a serious problem with the City and accordingly any person found guilty of prostitution shall be sentenced as permitted under G.S. 14-208. (Ord. No. 2003-412, 3-18-03) Editor's note: Prior to the reenactment of §13-3008 by Ord. No. 2003-412, §13-3008, relating to tanyards and slaughter houses, derived from Code 1959, §12-4, was repealed by §2 of Ord. No. 1991-879E-TC-388, adopted Nov. 19, 1991.

It shall be unlawful for any person to drive over any street or to park on any street or at any filling stations, parking lot, or other place within the City any vehicle containing wet meat or meat products, seafood or seafood products unless the vehicle is so constructed or equipped as to prevent leakage or seepage of the water or waste therefrom or unless the same is free from noxious odors. (Code 1959, §12-5)

No swill, slops, garbage, bones, offal, kitchen waste or refuse shall be carried through the streets of the City except in watertight metal containers with tight-fitting covers. (Code 1959, §11-8)

(a) The use of barbed wire in the City of Raleigh is prohibited below a point five (5) feet above ground level. Barbed wire is any wire or strand of wire armed with barbs or sharp points. No barbed wire shall be installed, except pursuant to these regulations. All nonconforming existing barbed wire shall be removed within one (1) year after initial application of this ordinance.53 (b) Notwithstanding the above provisions, barbed wire may be used in any application at a penal institution so long as any wire located below the seven-foot level is at least fifteen (15) feet from the closest public right-of-way. Barbed wire may also be used in agricultural applications for the enclosure of livestock and livestock holding and grazing areas so long as the wire is located at least fifteen (15) feet from the edge of the closest street pavement or, if the street is curbed and guttered, fifteen (15) feet from the back of the curb. (c) The use of barbed wire on any lot containing one (1) or more dwellings, congregate care, or congregate living structures is prohibited in the City of Raleigh and shall not be installed after application of this ordinance.* All nonconforming existing barbed wire shall be removed within one (1) year after initial application of this ordinance.54 (Ord. No. 1985-664, §1, 11-5-85; Ord. No. 1986-760, §1, 4-1-86; Ord. No. 1987-951, §1, 4-7-87; Ord. No. 1998-305, §§1, 2, 4-7-98)

It shall be unlawful to smoke in elevators, regardless of capacity, in any public place. (Ord. No. 1988-152, §1, 4-19-88)

It shall be unlawful for any person to urinate or defecate on any City right-of-way, street, sidewalk, park, or other City building or facility or to urinate or defecate outdoors in view of the public on any property unless such urination or defecation is into an approved toilet facility provided for that purpose. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1988-270, §2, 11-15-88; Ord. No. 2011-837, §1, 2-1-11; Ord. No. 2022-339 , §61, 2-15-22)

It shall be unlawful for anyone to maintain on their property or property controlled by them a nuisance as defined in §12-6002(15) of this Code. (Ord. No. 1991-747, §4, 3-19-91)

It shall be unlawful for the owner, or his designated agent, of each and every residence, business, or building to fail to properly display unit numbers that are visible from the street in compliance with the street numbering system established by the City. (Ord. No. 1991-742, §1, 3-5-91)

(a)Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this subsection: (1)Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit- or non-profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. (2)Child care facility means any licensed nursery, day care center, preschool, or other facility engaged in the practice of providing care for children. (3)Common work area means an area within a place of employment where two (2) or more people perform job-related tasks that is not separated by solid walls from floor to ceiling on all sides. (4)Designated smoking area means an enclosed area where smoking is permitted, or an area outside of facilities, that is identified by proper signage. (5)Dining area means any enclosed area containing a counter or tables upon which meals are served. (6)Eating establishment means an establishment engaged in the business of regularly and customarily selling food, primarily to be eaten on the premises. Eating establishments shall include businesses that are referred to as restaurants, cafeterias, or cafes. Eating establishments shall also include lunch stands, grills, snack bars, fast-food businesses, and other establishments, such as drugstores, which have a lunch counter or other section where food is sold to be eaten on the premises. (7)Educational facility means any facility that is used for the principal purpose of providing instruction or training in a trade, craft, business skill; or athletic or sports activity; or of providing child care; or primary, secondary, or higher education. (8)Employee means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services. (9)Employer means any person, business, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons. (10)Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, or similar structures. (11)Health care facility means any facility associated with the rendition of health care, including, but not limited to, laboratories, hospitals, public and private health care facilities. (12)Nonsmoking area means an area of an eating establishment where smoking is prohibited. (13)Overnight or emergency shelter means any facility providing temporary shelter for homeless or transient individuals. (14)Place of employment means any enclosed area which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways. a. A private residence is not a "place of employment" unless it is used as a licensed child care facility, licensed health care facility, or domiciliary home. b. The dining area of an eating establishment is not a "place of employment." (15)Public place means any enclosed area in which the public is permitted. (16)Grounds means an unenclosed area owned, leased, or occupied by local government. (17)Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (18)Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, or other tobacco product in any manner or in any form. (19)Sports facility means an enclosed sports facility, including, but not limited to, sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice skating rinks, where members of the general public assemble either to engage in or witness physical exercise or events. (20)Art/entertainment facility includes but is not limited to "theaters," meaning any enclosed facility engaged in the business of exhibiting motion pictures, plays or performances to an audience; concert halls, art galleries, auditoriums, indoor recreational areas, libraries, and museums. (21)Domiciliary home means a long-term care facility licensed under that name and classification by the Division of Facility Services of the North Carolina Department of Human Resources. (b)Prohibition of Smoking in Public Places and Grounds. (1) Except as otherwise provided, smoking shall be prohibited within the following public places and grounds: a. Art/entertainment facilities; b. Enclosed shopping malls; c. Educational facilities; d. Elevators; e. Health care facilities; f. Pharmacies; g. Public transportation vehicles; h. Restrooms; and i. Sports facilities. j. All City parks and greenways and structures associated with parks and greenways except that smoking shall be permitted in all parks and greenway areas specifically delineated as automobile parking areas. k. Within twenty-five (25) feet of any boarding platform or area at a transit facility. A transit facility includes but is not limited to Moore Square Station and other bus stops on public or private property where two (2) or more buses meet to allow the convenient transfer of passengers. (2) Clear and conspicuous signs shall be posted in every building or other place where smoking is regulated by this section. (c)Regulation of Smoking in Places of Employment. Employers shall make reasonable provisions for smokefree air for nonsmoking employees. Each employer shall have the right to designate any place of employment as a nonsmoking place of employment. Each employer having a place of employment located within the City of Raleigh shall adopt a written policy related to smoking and shall clearly designate smoking areas by appropriate signage in accordance with subsection (k) of this section. Each employer shall supply a written copy of the smoking policy to any present or prospective employee upon request. (d)Regulation of Smoking in Public Places of Businesses and Retail Establishments. (1) Public places in each business, retail service establishment and retail store shall be designated, by the owner or operator, as nonsmoking or smoking areas. Smoking is not permitted in designated nonsmoking areas. (2) Clear and conspicuous signage shall be posted at the entrance to each business, retail service establishment and retail store to alert the public as to the designation made. (e)Regulation of Smoking in Eating Establishments. (1) All eating establishments with a seating capacity of thirty (30) or more patrons shall designate nonsmoking areas. The seating capacity of any bar or lounge located within the dining area of an eating establishment shall be included in the calculation of the total capacity of the eating establishment. a. Eating establishments with a seating capacity of thirty (30) or more patrons shall have posted a conspicuous sign or signs clearly stating that a nonsmoking area is available in accordance with subsection (k) of this section. b. The nonsmoking area shall be separate and contiguous, containing at all times one-third or more of the seating capacity of the dining area. (2) Eating establishments with a seating capacity of fewer than thirty (30) patrons shall designate the entire facility as either smoking or nonsmoking and post signage to that effect at the patron entrance. (3) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any eating establishment described in this section may declare the entire eating establishment as a nonsmoking eating establishment. (f)Regulation of Smoking in Domiciliary Homes. Domiciliary homes may permit smoking in common lounge areas or in private residential quarters so long as similar nonsmoking common facilities are available and so long as nonsmoking private residential quarters are provided if desired by any residents. (g)Regulation of Smoking in Retail Tobacco Stores. Smoking is permitted in retail tobacco stores when related to the testing and sale of tobacco products. (h)Regulation of Smoking in Overnight and Emergency Shelters. Smoking is prohibited in overnight and emergency shelters except in designated smoking areas. Designated smoking areas may be established provided that they are separate from sleeping quarters. (i)Regulation of Smoking in Bowling Facilities. No smoking shall be allowed within any area which is less than twenty (20) feet from the foul line of any bowling lane. No smoking shall be allowed in any restroom facility located in a bowling facility. Smoking may be permitted in any other part of a bowling facility so long as one-third of the seats in any dining facility and one-third of the spectator seating is designated as a nonsmoking area. The nonsmoking areas shall be separate and contiguous. (j)Exclusions. The following areas shall not be subject to the smoking restrictions of this section: (1) Private residences. (2) Eating establishments (or portion thereof), hotel rooms, conference or meeting rooms, and public transportation vehicles while these places are being rented for private functions. (3) State and Federal facilities. (k)Signage. (1) "No smoking," or other signs relating to an establishment's smoking policy, whichever are appropriate, shall have letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). (2) Signs shall be conspicuously posted by the owner, operator, or manager of a regulated place or building in a position clearly visible on entry into every building, and within facilities, where smoking is regulated. (3) No personshall remove or deface any placard required to be erected by or under the authority of this section. (l)Enforcement. The proprietor, employer, or other person in charge of a public place or place of employment where smoking is regulated shall make reasonable efforts to prevent smoking in nonsmoking areas. (m)Administration. Anyone in violation of this section shall be guilty of an infraction and punished by a penalty not greater than fifty dollars ($50.00). (n)Other Applicable Laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. No. 1992-934, §1, 3-3-92; Ord. No. 1992-998, §§1, 2, 6-16-92; Ord. No. 1992-7, §1, 7-7-92; Ord. No. 1992-44, §§1, 2, 9-1-92; Ord. No. 1992-44, §§1, 2, 9-1-92; Ord. No. 1993-196, §1, 6-1-93; Ord. No. 2007-184, §1, 3-20-07; Ord. No. 2011-834, §§1, 3, 2-1-11, eff. 7-1-11; Ord. No. 2012-120, §1, 11-6-12, eff. 11-13-12; Ord. No. 2019-911, §§1, 2, 1-8-19 )

(a)Definition. A nuisance party is a party or other social gathering conducted in the City and which, by reason of the conduct of those persons in attendance, results in any one (1) or more of the following conditions or occurrences: unlawful public possession or consumption of alcohol, unlawful drunken and disruptive conduct; public urination or defecation; the unlawful sale, furnishing, or consumption of alcoholic beverages; the unlawful deposit of trash or litter on public or private property; the unlawful destruction of public or private property; the generation of pedestrian or vehicular traffic caused by those invited to or allowed to attend which obstructs the free flow of residential traffic or interferes with the ability to provide emergency services; excessive, unnecessary or unusually loud noise which disturbs the repose of the neighborhood; public disturbances, brawls, fights or quarrels; or any other activity resulting in conditions that annoy, injure or endanger the safety, health, comfort or repose of the neighboring residents, or results in any obscene conduct, or results in any immoral exhibition or indecent exposure by persons at the gathering. (b) Any person being the owner, occupant, tenant, or otherwise having any possessory control of any degree of any premises who either sponsors, conducts, hosts, invites, suffers, permits, or continues to allow a gathering to continue which is or becomes a nuisance as described in subsection (a) above is in violation of this section and may be punished by any of the criminal or civil enforcement penalties available to municipalities. Any person who remains in attendance at a nuisance party after being directed by an officer to leave is also in violation of this section. (c) This section shall not apply to gathering held at locations holding valid entertainment center permits or any other gathering authorized by this Code. (d) Civil penalties: Any person violating any of the provisions of this section shall be subject to a civil penalty of one hundred dollars ($100.00). The Police Department is authorized to issue civil penalty citations to enforce this Section. Each calendar day on which a continuing violation occurs shall constitute a separate violation under this subsection. For each subsequent violation occurring within twelve (12) months of any other violation, the violator shall be subject to a civil penalty of three hundred dollars ($300.00) per violation. If a person fails to pay any civil penalty within thirty (30) days after it is assessed, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. (e) Appeal of civil penalties: Any person issued a civil penalty under the provisions of this section may appeal by filing an appeal in writing with the Police Department within ten (10) calendar days after the civil penalty is issued. The written appeal shall state all reasons that the civil penalty was wrongly applied and shall include all supporting documentation that the appellant contends supports the appeal. If a person files a written appeal within the time provided in this section, the penalty being appealed shall be stayed pending the decision of the Chief or arbitrator. Unless the Chief of Police, or the delegate of the Chief of Police, decides to allow the requested relief based on the appeal request, the Chief of Police shall send each appeal request to arbitration. The Chief of Police shall select an arbitrator other than an employee of the City of Raleigh. The arbitration shall be conducted, to the extent practicable, in accordance with the Supreme Court Rules for Court-Ordered Arbitration in North Carolina. The arbitrator shall be paid a fee equal to the maximum fee specified in such Rules. The arbitrator shall issue a written determination, within a reasonable time, stating whether the disputed civil penalty will be approved without change or modified or reversed. All decisions of the Chief of Police and arbitrator shall be served on the petitioner. (f) Injunctive and other equitable relief: This section may be enforced by injunction or any appropriate equitable remedy. The institution of an action for injunctive or equitable relief shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this section. (g) Criminal penalties: Any person who violates any provision of this section shall be deemed guilty of a misdemeanor punishable by imprisonment not to exceed thirty (30) days or by fine not to exceed five hundred dollars ($500.00). Each day of a continuing violation shall constitute a separate violation under this subsection. (h) This section may be enforced by any one, all, or a combination of the remedies set out herein. (Ord. No. 2000-848, §1, 7-18-00; Ord. No. 2008-415A, §1, 6-17-08; Ord. No. 2009-583, §1, 5-19-09, eff. 7-1-09)

(a) It is a violation of this section for any person or retail establishment to sell, or possess with intent to sell, a drug stem knowing that it will be used to ingest, inhale or otherwise introduce a controlled substance defined in G.S. 90-86 et seq. into the human body. (b) A drug stem is any object that facilitates the ingestion or inhalation of crack cocaine, crank methamphetamine or any other controlled substance defined by the North Carolina Controlled Substances Act. A drug stem is further defined as a two (2) to six (6) inch long tube, one-eighth (⅛) inch to three-quarter (¾) inch in diameter made of glass, metal, ceramic or any other material. Drug stems include, but are not limited to, glass vials or tubes which may contain novelty items of insignificant value or may contain items that are not packaged that way in the normal course of business. (c) In determining whether an item is a drug stem the following factors may considered along with any other evidence: (1) The proximity of the drug stem to a controlled substance. (2) The existence of any residue of a controlled substance on the drug stem. (3) The proximity of the drug stem to other drug paraphernalia as defined by the North Carolina Drug Paraphernalia Act. (4) Instructions provided with the drug stem concerning its use. (5) Advertising concerning its use. (6) The manner in which it is displayed for sale. (7) The existence and scope of legitimate uses of the drug stem in the community. (Ord. No. 2007-327, §1, 11-20-07)

No pine straw mulch shall be placed, kept, or stored within ten (10) feet of buildings with combustible exterior construction. This provision shall not apply to one and two family dwellings as defined in Section R101.2 of the North Carolina Residential Building Code, as the same may be amended, nor shall it apply to pine straw falling from trees located on the same parcel as the dwelling. (Ord. No. 2010-732, §1, 5-4-10, eff. 12-1-10)

The purpose of this chapter is to encourage alarm users to properly use and maintain the operational effectiveness and proper utilization of alarm systems and to reduce or eliminate false alarms which may unduly divert police and fire resources. This chapter governs systems intended to summon law enforcement or other public safety response, establishes fees, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension. (Ord. No. 2004-677, §2, 7-20-04)

[As used in this chapter, the following words shall have the meanings respectively ascribed to them as follows:] Alarm means any electronic or mechanical device which emits any signal, whether electronic, audible, silent or recorded, and which is designed, used, or intended for the detection of an unauthorized intrusion or attempted intrusion into a building, structure or premises to signal an actual or attempted robbery; or for the detection of fire or products of combustion to signal a fire or initiate a response for medical assistance. Alarm administrator means a person or persons designated by the City of Raleigh to administer, control and review false alarm reduction efforts for the City. Alarm agent means any person who is employed by an alarm company either directly or indirectly, whose duties include any of the following: selling, maintaining, testing, servicing, repairing, altering, replacing, moving, or installing in any building, structure, or facility any alarm system, excluding any person who installs an alarm system in a home wherein that person personally resides. Alarm company means the business, by an individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in an alarm site. Notwithstanding the foregoing, the term "alarm company" shall not mean a landlord leasing alarm sites to tenants. All alarm companies operating within the jurisdiction of the City of Raleigh shall hold a current alarm systems business license issued by the North Carolina Alarm Systems Licensing Board. Alarm dispatch request means a notification to a law enforcement agency or public safety agency that an alarm, either manual or automatic has been activated at a particular alarm site. Alarm site means a single fixed premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex shall be considered a separate alarm site. Alarm system means any assembly of equipment, mechanical or electrical, device or series of devices, including, but not limited to, systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to discourage crime and summon the Raleigh Police Department or other public safety agency. Alarm system does not include: (1) an alarm installed on a vehicle or person unless the vehicle or personal alarm is permanently located at a site, and (2) an alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard from the exterior of the alarm site. Alarm user means any person, firm, partnership, corporation or other entity who (which) uses or is in control of any alarm system at its alarm site. In the case of a tenancy, the tenant shall be considered the sole alarm user at the alarm site. Alarm user awareness class means a class conducted by the municipality or law enforcement agency for the purpose of educating alarm users about the problems created by false alarms and responsible use and operation of alarm systems. Automatic voice dialer means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law enforcement agency. Cancellation is the process by which an alarm company providing monitoring verifies with the alarm user or responsible party that a false dispatch has occurred and that there is not an existing situation at the alarm site requiring law enforcement or public safety agency response. Conversion means the transaction or process by which one alarm company begins monitoring of a previously unmonitored alarm system or an alarm system previously monitored by another alarm company. Duress alarm means a silent alarm system signal generated by the manual activation of a device intended to signal a life threatening situation or a crime in progress requiring law enforcement response. False alarm means an alarm dispatch request to a law enforcement agency/public safety agency, or an alarm signal eliciting a police response, when a situation requiring an immediate response does not in fact exist and the responding officer/agent finds no evidence of a criminal offense or attempted criminal offense or fire after having completed a timely investigation of the alarm site. An alarm will not be considered false if it is determined that the alarm was caused by: (1) A natural or man-made catastrophe, or other "Act of God" such as tornadoes, floods, earthquakes, or other similarly violent conditions. (2) Vandalism causing physical damage to the property. (3) Attempted entry of a location causing visible, physical, or other evidence of damage to the location which has caused the alarm to sound. (4) Severe weather or failure of electrical power not caused by subscriber. (5) The test of a local alarm system by an authorized alarm agent or alarm company employee who is present at the premise inspecting, servicing, repairing, or installing the alarm. An alarm dispatch request which is cancelled by the alarm company prior to the time the responding officer/agent reaches the alarm site shall not be considered a false alarm dispatch. Fire department includes members of the Raleigh Fire Department. Holdup alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. Keypad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters. Law enforcement authority means the chief of police, sheriff, or other authorized representative certified as a law enforcement officer and maintaining jurisdiction within the City of Raleigh. Local alarm system means any alarm system that annunciates an alarm only by an internal or external audio device. Monitoring means the process by which an alarm company receives signals from an alarm system and relays an alarm dispatch request to the municipality for the purpose of summoning law enforcement response to the alarm site. One plus duress alarm means the manual activation of a silent alarm signal by entering at a keypad a code that adds one to the last digit of the normal arm/disarm code (Normal code = 1234 One Plus Duress Code = 1235). Panic means a silent or audible alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response. Person means an individual, corporation, partnership, association, organization or similar entity. Public safety agency includes the police and fire department. Takeover means the transaction or process by which an alarm user takes over control of an existing alarm system, which was previously controlled by another alarm user. Verify means an attempt, by the alarm company, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request. Zones are subdivisions into which an alarm system is divided to indicate the general location from which an alarm system signal is transmitted. (Ord. No. 2004-677, §2, 7-20-04)

Alarm contracted by individual tenant: (1) For purposes of enforcing this article against an individual residential unit, the tenant is responsible for false alarms emitted from the alarm system in the tenant's residential unit. (2) Each apartment unit shall be considered an alarm site. (Ord. No. 2004-677, §2, 7-20-04)

(a) An alarm user shall: (1) Maintain the premises and the alarm system in a manner that will minimize or eliminate false alarms, and (2) Make every reasonable effort to respond or cause a representative to respond to the alarm system's location within thirty (30) minutes when notified by the municipality to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide alternative security for the premises, and (3) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report. (b) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than ten (10) minutes after being activated (or fifteen (15) minutes for systems operating under Underwriters Laboratories, Inc. Standards 365 or 609). (c) An alarm user shall have their alarm company inspect the alarm system after two (2) false alarms within a one (1) year period. The alarm administrator may waive an inspection requirement if it determines that a false alarm(s) could not have been related to a defect or malfunction in the alarm system. After four (4) false alarms within a one (1) year period the alarm user must have a licensed alarm company modify the alarm system to be more false alarm resistant or provide additional user training as appropriate. (d) An alarm user shall not use automatic voice dialers. (e) An alarm user shall maintain at each alarm site, a set of written operating instructions for each alarm system. (f) Alarm users shall not use one plus duress alarms. Alarm companies may continue to report one plus duress alarms received from alarm systems programmed with one plus duress prior to enactment of this chapter. However, upon enactment of this chapter when a takeover or conversion occurs the alarm user must remove the one plus alarm capability from such alarm system. (g) Upon enactment of this chapter the alarm user shall not permit the installation of a device activating a hold-up alarm which is a single action non-recessed button. An alarm user must remove all single action non-recessed buttons when a takeover or conversion occurs. (h) The alarm user shall review the customer false alarm prevention checklist provided by the alarm administrator or an equivalent checklist approved by the alarm administrator. (i) An alarm user who is having an alarm system monitored shall: (1) Receive training from the alarm company on the proper use of the alarm system prior to the alarm user authorizing the alarm company to request the dispatch of law enforcement and insure that training is provided to all of the alarm user's employees; (2) Confirm with the alarm company and/or monitoring company that the telephone numbers designated by the alarm administrator are being used by the alarm company and/or monitoring company; (3) Direct the alarm company and/or monitoring company to verify every alarm signal, except a duress and holdup alarm activation, before requesting a law enforcement or public safety response to an alarm system signal; (4) Communicate with the alarm company and/or monitoring company to assure that the alarm dispatch requests to the municipality are being provided in a manner and form determined by the alarm administrator; (5) Communicate with the alarm company and/or monitoring company to assure that cancellations to the municipality are in a manner and form determined by the alarm administrator; (6) Shall be adequately trained as to the proper use of the duress or holdup alarm if so equipped. (Ord. No. 2004-677, §2, 7-20-04)

(a) The alarm administrator shall: (1) Designate a manner, form and telephone numbers for the communication of alarm dispatch requests; (2) Establish a procedure to accept cancellation of alarm dispatch requests; (3) Maintain proper billing and collection records; and (4) Maintain reports on the number of false alarms and review same to determine program effectiveness. (b) The alarm administrator shall establish a procedure to record such information on alarm dispatch requests necessary to permit the alarm administrator to maintain records, including, but not limited to, the following information. This information may be relayed by the responding officer at the time of clearance to law enforcement and fire dispatchers, who will then record said information on the call record. (1) Identification of the alarm site; (2) Date and time alarm dispatch request was received; (3) Date and time of fire or law enforcement officer arrival at the alarm site; (4) Zone description if available; (5) Name of alarm user's representative on premises, if any; (6) Identification of the responsible alarm company; (7) Whether unable to locate the address, and/or ; (8) Cause of alarm, if known; (9) Identification of the responding officer/agent; (10) Identification of the alarm user/account holder; (c) The alarm administrator shall establish a procedure for the notification to the alarm user of a false alarm. Options include, but are not limited to, the responding officer/agent leaving a notice at the alarm site. The notice shall include the following information: (1) The date and time of law enforcement/fire response to the false alarm; (2) The identification number of the responding law enforcement officer or public safety agent, and; (3) A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fines. (d) If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the alarm administrator may require a conference with an alarm user to review the circumstances of each false alarm. (e) The alarm administrator shall oversee the creation and implementation of an alarm user awareness class. The alarm administrator may request the assistance of alarm companies in developing and implementing the class. The class shall inform alarm users of the problems created by false alarms and teach alarm users how to operate their alarm systems without generating false alarms. (f) The alarm administrator shall request from the North Carolina Alarm Systems Licensing Board a complete database of all alarm companies licensed in North Carolina and will request updates as necessary. (Ord. No. 2004-677, §2, 7-20-04)

(a) An alarm user shall be subject to fines, warnings and suspension depending on the number of false alarms emitted from an alarm system within a twelve (12) month period beginning on July 1 of each year based upon the following schedule: No. of False Alarms Fines 1 Written warning 2 $50.00 3—5 $100.00 6—7 $200.00 8—9 $300.00 10 or more $500.00 each (b) If cancellation occurs prior to law enforcement arriving at the scene, this is not a false alarm for the purpose of fines and no fines will be assessed. (c) Payments must be received within thirty (30) days or a twenty-five dollar ($25.00) late fee will be added to the account. (d) Failure to pay civil penalties within sixty (60) days may result in the suspension of police or public safety response to the alarm user because of an alarm activation. (Ord. No. 2004-677, §2, 7-20-04)

(a) The alarm administrator shall have the alarm user notified in writing after the first and each subsequent false alarm. The notification shall include: (1) The amount of the fines for each false alarm, (2) The fact that response may be suspended after the eighth false alarm, and (3) A description of the appeal procedure available to the alarm user. (b) The alarm administrator will have the alarm user notified that response may be suspended if fines are not paid within sixty (60) days. (Ord. No. 2004-677, §2, 7-20-04)

(a) An alarm user may appeal the assessment of a fine or suspension of response to the alarm administrator. The filing of an appeal with the alarm administrator stays the assessment of the fine or suspension until the alarm administrator makes a final decision. (1) The alarm user shall file a written appeal to the alarm administrator by setting forth the reasons for the appeal within ten (10) days after receipt of notification of a false alarm. (Ord. No. 2004-677, §2, 7-20-04)

(a) A person whose alarm has been suspended may have alarm response reinstated by the alarm administrator if the person has abided by the following: (1) Pays or otherwise resolves all fines; and (2) Submits a certification stating that the alarm system has been inspected and repaired, if necessary, by the alarm company; and (3) Certifies that the user is educated about how to use the system correctly. (Ord. No. 2004-677, §2, 7-20-04)

(a) Any person violating any of the provisions of this chapter shall be subject to the civil penalties set forth. Any violation of this chapter shall be deemed a non-criminal violation and shall not be a misdemeanor or infraction pursuant to G.S. 14-4 or section 14-1005(a) of this Code. (b) If payment is not received or equitable settlement reached within one hundred eighty (180) days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the general court of justice of Wake County for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this chapter. (Ord. No. 2004-677, §2, 7-20-04)

(a) All ordinances in conflict herewith are hereby repealed to the extent of said conflict, except if there is conflict with any provisions of the Fire Prevention Code adopted by the City of Raleigh then the Fire Prevention Code will prevail. (b) City ordinance 5-2031shall be modified to read "It shall be unlawful for any person to turn in or aid or abet in turning in any false alarm in the City. A false alarm reported by an alarm system as defined at 13-4002, is subject to the provision of Chapter 4 of Part 13 of the Code of Ordinances and is not a violation of this section." (c) If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given separate effect and to this end the provisions of this ordinance are declared to be severable. (d) This ordinance shall become effective September 1, 2004. (Ord. No. 2004-677, §2, 7-20-04)

This chapter shall be known and may be cited as the City of Raleigh's "Illicit Discharge Ordinance." (Ord. No. 1995-573, §2, 3-7-95)

(a) This chapter is adopted for the purposes of: (1) Protecting the public health, safety and welfare by controlling the discharge of pollutants into the stormwater conveyance system; (2) Promoting activities directed toward the maintenance and improvement of surface and ground water quality; (3) Satisfying the requirements imposed upon the City of Raleigh under its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) discharge permit issued by the State; and (4) Establishing administration and enforcement procedures through which these purposes can be fulfilled. (b) The provisions of this regulation are supplemental to regulations administered by Federal and State governments. (Ord. No. 1995-573, §2, 3-7-95)

MS4: Municipal separate storm sewer system. NCDENR: North Carolina Department of Environment and Natural Resources. NPDES: National Pollutant Discharge Elimination System. (Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §1, 2-15-11, eff. 2-20-11)

As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply: Illicit connection. Any unlawful connection which allows the discharge of non-stormwater to the stormwater conveyance system or waters of the State in violation of this chapter. Illicit discharge. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, emission, or other discharge of any substance other than stormwater into a stormwater conveyance, the waters of the State, or upon the land in such proximity to the same, such that the substance is likely to reach a stormwater conveyance or the waters of the State. Municipal separate storm sewer system (MS4). A stormwater conveyance or unified stormwater conveyance system (including without limitation: roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or man-made channels, or storm drains), that: (1) Is located within the corporate limits of Raleigh, North Carolina; and (2) Is owned or operated by the State, County, the City, or other public body; and (3) Discharges to waters of the State, excluding publicly owned treatment works, and lawful connections thereto, which in turn discharge into the waters of the State. National Pollutant Discharge Elimination System. A permitting system established pursuant to §402 of the Clean Water Act et seq. Federal law reference: National Pollutant Discharge Elimination System Permits, 33 USC §1342. Pollution. Man-made or man-induced alteration of the chemical, physical, biological, thermal, and/or radiological integrity of water. Stormwater. Any flow resulting from, and occurring during or following, any form of natural precipitation. Stormwater conveyance or stormwater conveyance system. Any feature, natural or man-made, that collects and transports stormwater, including but not limited to roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made and natural channels, pipes, culverts, and storm drains, and any other natural or man-made feature or structure designed or used for collecting or conveying stormwater. Waters of the State. Surface waters within or flowing through the boundaries of the State including the following: any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay, reservoir, wetland, or any other surface water or any portion thereof that is mapped as solid or dashed blue lines on United States Department of the Interior Geological Survey 7.5 minute series topographic maps. Treatment systems, consisting of man-made bodies of water, which were not originally created in waters of the State and which are not the result of impoundment of waters of the State, are not waters of the State. (Ord. No. 1995-573, §2, 3-7-95)

This chapter shall apply within the territorial jurisdiction of the City. (Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §2, 2-15-11, eff. 2-20-11) Editor's Note:G.S. 160A-459 granted enforcement authority over federal, state, and local governments.

The objectives of this chapter are to: (1) Regulate the discharge of substances which may contaminate or cause pollution of stormwater, stormwater conveyances, or waters of the State; (2) Regulate connections to the stormwater conveyance system; (3) Provide for the proper handling of spills; and (4) Provide for the enforcement of same. (Ord. No. 1995-573, §2, 3-7-95)

(a)Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in such proximity to the same (such that the substance is likely to reach a stormwater conveyance or the waters of the State), any fluid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed provided that they do not significantly impact water quality: (1) Declorinated swimming pool discharges; (2) Discharges from potable water sources; (3) Condensate from residential or commercial air conditioning; (4) Residential and non-profit vehicle washing; (5) Water line flushing; (6) Discharges associated with emergency removal and treatment activities, for hazardous materials, authorized by the federal, State, or local government on-scene coordinator; (7) Uncontaminated ground water [including the collection or pumping of springs, wells, or rising ground water and ground water generated by well construction or other construction activities]; (8) Collected infiltrated stormwater from foundation or footing drains; (9) Collected ground water and infiltrated stormwater from basement or crawl space pumps; (10) Irrigation water (does not include reclaimed water as described in 15A NCAC 2H .0200); (11) Street wash water; (12) Flows from emergency fire fighting; (13) Discharges from the pumping or draining of natural watercourses or waterbodies; (14) Flushing and cleaning of stormwater conveyances with unmodified potable water; (15) Flows from riparian habitats and wetlands; (16) Diverted stream flows; (17) Placing leaves at the curbside for the City's residential seasonal leaf collection program; (18) Wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge does not pose an environmental or health threat; and (19) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by NCDENR, provided that any such discharges to the municipal separate storm sewer system shall be authorized by the City. Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints, garbage, construction debris, yard waste, and litter. State law references: Emission of pollutants and contaminants, G.S. 160A-185, Raleigh City Charter §2.14(50), and 1989 Session Laws, Chapter 1043. Cross reference: Discharge onto Citystreets, sidewalks, or gutters, §12-1032 and depositing waste on land in the City, §7-3005(c)(2), (3). (b)Enforcement. Violation of this section is a misdemeanor and may also be enforced pursuant to §13-5008 or a combination of remedies. (c)Illicit connections. (1) Connections to a stormwater conveyance or stormwater conveyance system which allow the discharge of non-stormwater, other than the exclusions described in section (a) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. (2) Where such connections exist in violation of §13-5007 and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following application of this regulation; provided that, this grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. (3) Where it is determined that said connection: a. May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat, or b. Was made in violation of any applicable regulation or ordinance, the City Manager or his designee shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Cityshall take into consideration: a. The quantity and complexity of the work, b. The consequences of delay, c. The potential harm to the environment, to the public health, and to public and private property, and d. The cost of remedying the damage. Editor's note: This regulation first became applicable on March 12, 1995. Permits are issued by the Inspections Department for connection to or modification of storm sewers located in City owned rights-of-way. State law reference: Emission of pollutants and contaminants, G.S. 160A-185. (d)Spills. Spills or leaks of polluting substances discharged to, or having the potential to be indirectly transported to the stormwater conveyance system,shall be contained, controlled, collected, and removed promptly. All affected areas shall be restored to their preexisting condition. Persons associated with the spill or leak shall immediately notify the City of Raleigh Fire Chief or his designee of all spills or leaks of polluting substances. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law. (Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §§3—11, 2-15-11, eff. 2-20-11; Ord. No. 2022-339 , §60, 2-15-22)

(a)Authority to enter. Any authorized City personnel shall be permitted to enter upon public property for the purposes of observation, inspection, sampling, monitoring, testing, surveying, and measuring compliance. Authorized City personnel may enter upon private property with the consent of the owner, occupant or other person authorized to give such consent. Should the owner or occupant of private property refuse to permit such reasonable access, the City Manager or his designee shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No personshall obstruct, hamper or interfere with any such representative while carrying out his official duties. (b)Civil penalties. (1)Illicit discharges. Any designer, engineer, contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists directly or indirectly in the creation of a violation of this chapter shall be subject to civil penalties as follows: a. For first time offenders, if the quantity of the discharge is equal to or less than five (5) gallons and consists of domestic or household products in quantities considered ordinary for household purposes, said personshall be assessed a civil penalty not to exceed one thousand dollars ($1,000.00) per violation or per day for any continuing violation, and if the quantity of the discharge is greater than five (5) gallons or contains non-domestic substances, including but not limited to process waste water, or if said person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, said personshall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) per violation or per day for any continuing violation. b. For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous penalty, not to exceed twenty-five thousand dollars ($25,000.00) per violation or per day for any continuing violation. c. In determining the amount of the penalty, the City Manager or his designee shall consider: 1. The degree and extent of harm to the environment, the public health, and public and private property; 2. The cost of remedying the damage; 3. The duration of the violation; 4. Whether the violation was willful; 5. The prior record of the person responsible for the violation in complying or failing to comply with this chapter; 6. The costs of enforcement to the public; and 7. The amount of money saved by the violator through his, her, or its noncompliance. (2)Illicit connections. Any person found with an illicit connection in violation of this chapter and any designer, engineer, contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists directly or indirectly in the establishment of an illicit connection in violation of this chapter, shall be subject to civil penalties as follows: a. First time offenders shall be subject to a civil penalty not to exceed five thousand dollars ($5,000.00) per day of continuing violation. b. Repeat violators shall be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000.00) per day of continuing violation. c. In determining the amount of the penalty, the City Manager or his designee shall consider: 1. The degree and extent of harm to the environment, the public health, and public and private property; 2. The cost of remedying the damage; 3. The duration of the violation; 4. Whether the violation was willful; 5. The prior record of the person responsible for the violation in complying or failing to comply with this chapter; 6. The costs of enforcement to the public; and 7. The amount of money saved by the violator through his, her, or its noncompliance. d. Procedures for assessing penalties pursuant to illicit connections. Said penalties shall be assessed by the City Manager or his designee. No penalty shall be assessed until the person alleged to be in violation is served written notice of the violation either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the first class mail is not returned by the Post Office within ten (10) days after the mailing. The notice shall warn that failure to correct the violation within the specified time period will result in the assessment of a civil penalty and/or other enforcement action. If after the allotted time period has expired, and the violation has not been corrected, the penalty shall be assessed from the date of the violation and each day of continuing violation thereafter shall constitute a separate violation under this section. (3)Other violations. Any person found in violation of other provisions of this chapter, not specifically enumerated elsewhere, shall be subject to a civil penalty not to exceed one thousand dollars ($1,000.00) per violation or per day for any continuing violation. (4)Payment/collection procedures. Penalties shall be assessed by the City Manager or his designee. No penalty shall be assessed until the person alleged to be in violation is served written notice of the violation by registered or certified mail or personal service. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the first class mail is not returned by the Post Office within ten (10) days after the mailing. Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty. The City Manager or his designee shall make written demand for payment upon the person in violation. If the payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City, in the appropriate division of the General Court of Justice in Wake County for recovering the penalty. (c)Injunctive relief. (1) Whenever the City Council has a reasonable cause to believe that any person is violating or threatening to violate this chapter, rule, regulation, order duly adopted or issued pursuant to this chapter or making a connection to a stormwater conveyance or stormwater conveyance system other than in accordance with the terms, conditions, and provisions of approval, the Citymay, either before or after the institution of any other action or proceeding authorized by the Code, institute a civil action in the name of the City for injunctive relief to restrain and abate the violation or threatened violation. (2) The institution of an action for injunctive relief under subsection (c) shall not relieve any party to such proceeding from any further civil or criminal penalty prescribed for violations of this Code. (d)Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter, rule, regulation, order duly adopted or issued pursuant to this chapter shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not longer than thirty (30) days. Each violation shall be a separate offense. (e)Administrative fee. Any person who shall commit a violation of this chapter, receives official notice from the City of said violation, and fails to remedy said violation such that a Notice of Violation is issued shall be subject to an administrative fee of one hundred dollars ($100.00) in addition to any other charge. (Ord. No. 1995-573, §2, 3-7-95; Ord. No. 2011-844, §§12—19, 2-15-11, eff. 2-20-11) Cross references: Declaration of public nuisance, §12-6002(p); administrative fees, §14-1012.

The laws embraced in the following chapters and sections shall constitute and be designated and cited as "The Code of The City of Raleigh," "The City Code," or "The Code." (Code 1959, §1-1; Ord. No. 1991-879D-TC-387, §1, 11-19-91)

In the construction of this Code and of all ordinances the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Council: Affiliate. A person that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control of another person. City, agencies, officers. The word City, as well as the title or designation of all departments, commissions, agencies, officers and employees of Raleigh, shall be construed as if the words "of Raleigh, North Carolina" followed it. City of Raleigh Fee Schedule. The City of Raleigh Fee Schedule shall be a comprehensive list of individual fees established and charged by the City under the City Code or other sources of legal authority. The City of Raleigh Fee Schedule shall be maintained by the City's Budget and Management Services Department and may be subject to change on an annual basis as part of the adoption of the annual budget by the City Council or, as may be allowed by law, from time to time by the City Council. Certain individual fees or classes of fees may not be listed in the City of Raleigh Fee Schedule and may be maintained by other departments as set forth in the City Code or at the direction of the City Council or City Manager. Code 1959. The designation Code 1959 appearing as a historical reference following Code sections shall refer to the 1959 revision and recodification of the City Code. Council. Whenever the words Council, this Council or the Council are used, they shall be construed to mean the Council of the City of Raleigh, North Carolina. County. The words the County or this County shall mean the County of Wake, State of North Carolina. G.S. The designation G.S. appearing in the State law citations shall refer to the General Statutes of North Carolina of 1943, as amended. Gender. A word importing the masculine gender only shall include and be applied to females and to firms, partnerships, associations, and corporations as well as to males. Month. The word month, shall mean a calendar month. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. Any word importing the singular number only may include and be applied to several persons and things as well as to one person and thing. Oath. The word oath shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in like cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Owner. The word owner, applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land. Parent. An affiliate that directly, or indirectly through one (1) or more intermediaries, controls another person. Person. The word person shall include and be applied to associations, corporations, limited liability companies, company, firm, partnerships, joint ventures, public or private institutions, corporations, trusts, estates, utilities, cooperatives, commissions, boards, condominiums, interstate bodies and bodies politic and corporate as well as to individuals or other legal entities. Personal property. The words personal property include every species of property except real property as herein defined. Preceding, following. The words preceding and following means next before and next after, respectively. Property. The word property shall include real and personal property. Raleigh Water Fee Schedule. The Raleigh Water Fee Schedule shall be a comprehensive list of individual rates, fees, charges, rents, deposits, and penalties established and charged for water, reuse water, and wastewater utility services by the City under the City Code or other sources of legal authority. The Raleigh Water Fee Schedule shall be maintained by the City's Department of Public Utilities, which is also known as Raleigh Water, and may be subject to change on an annual basis as part of the adoption of the annual budget by the City Council or, as may be allowed by law, from time to time by the City Council. Where used in Part 2 or Part 8 of this Code, the term "fee" and "charge" shall not have separate meanings and may be used interchangeably. Real property. The term real property shall include lands, tenements and hereditaments. Residence. The term residence shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever his absent, he has the intention of returning. Shall, may. The term shall is mandatory, and the term may is permissive. Signature or subscription. The words signature or subscription shall include a mark when a person cannot write. Social District. The term social districtshall mean a defined outdoor area set by ordinance where alcoholic beverages sold by an establishment licensed for the sale of alcoholic beverages for on-premises consumption may be consumed in accordance with G.S. 18B-904.1 or other applicable State law. State. The words the State or this State shall be construed to mean the State of North Carolina. Street. The term street, when used herein, shall be construed to embrace all streets, avenues, boulevards, roads, alleys, lanes, squares, bridges, viaducts, tunnels, causeways, and sidewalks, lying within the street right-of-way, and all other public highways in the City. Subsidiary. An affiliate that is directly, or indirectly through one (1) or more intermediaries, controlled by another person. Time. Words used in the past or present tense include the future as well as the past and present. Used for. The phrase used for includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." Written or in writing. The words written or in writing, shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. Year. The word year shall mean a calendar year. (Ord. No. 1987-950-TC-287, §50, 4-7-87; Ord. No. 1991-879D-TC-387, §2, 11-19-91; Ord. No. 1995-760-TC-122, §§27, 28, TC-20C-95, 11-21-95; Ord. No. 1996-808-TC-126, §22, TC-31-95, 1-16-96; Ord. No. 2019-949, §15, 6-4-19, eff. 7-1-19 ; Ord. No. 2020-96 , §21, 6-15-20, eff. 7-1-20; Ord. No. 2022-399 , § 1, 7-5-22) Cross references: Definitions applicable to specific chapters, articles and sections of this Code, see privilege license taxes, §2-2011; fair housing, §4-2002; solid waste collection, §7-2001; sewer use ordinance, §8-2111; zoning, §10-2002; subdivision and site plans, §10-3003; floodprone area regulations, §10-4002; erosion and sedimentation control, §10-5003; housing code, §10-6121 et seq. ; motor vehicles and traffic, §11-2002; bicycles, §11-3003; taxicabs, §12-2022; animals, §12-3004; noise regulations, §12-5001. State law references: Rules of construction, G.S. 12-3; computation of time, G.S. 1-593.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titled of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Code 1959, §1-3)

It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. (Code 1959, §1-4; Ord. No. 1981-602, §1, 3-17-81)

(a) Unless this Code of Ordinances provides otherwise, violation of any provision of the Code shall be a misdemeanor as provided in G.S. 14-4 to the fullest extent allowed by law, punishable upon conviction by a maximum fine of five hundred dollars ($500.00) or by imprisonment. (b) Unless this Code of Ordinance provides otherwise, violation of an ordinance regulating the operation or parking of vehicles shall be an infraction. (c) An ordinance contained in the Code may also be enforced by civil penalties. Unless the Code provides otherwise, the civil penalty for each Code violation shall be $250.00. (d) Unless the Code provides a shorter period, each day that a violation of the Code continues shall be a separate and distinct offense. (e) An ordinance contained in the Code may be enforced by other remedies as authorized in G.S. 160A-175, including the ordering of appropriate equitable relief, the issuance of injunctions, or a combination of remedies. (f) An ordinance may provide by express statement that the maximum fine or term of imprisonment to be imposed for its violation shall be some figure or number of days less than the maximum penalties prescribed by G.S. 14-4. (Ord. No. 2004-718-TC-258, §6, TC-17-04, 10-5-04; Ord. No. 2022-339 , §62, 2-15-22) State law references: Misdemeanor or violations of City ordinances, G.S. 14-4; violations generally, G.S. 160A-175.

Conflicts and duplications among portions of this Code shall be resolved in favor of the more stringent regulation.

The degree of regulatory protection and public service provision afforded under the terms of this Code are considered reasonable and based on sound public policy. Wrongful acts and adverse consequences will occur on occasion. This Code shall not create liability on the part of the City or any officer or employee thereof for any personal injury or property damage that may result from reliance upon this Code or any administrative decision lawfully made hereunder.

(a) The provisions of this Code, as they may be adopted pursuant to authority conferred under G.S. 160A-360 et seq. and G.S. 113A-50 et seq. of the General Statutes, or other statutory authority which may be exercised in areas of extraterritorial jurisdiction, shall be in effect and apply within the corporate limits of the City and within the area outside the corporate limits comprising the City's extraterritorial jurisdiction. (b) The extraterritorial jurisdiction of the City shall be according to the official map entitled, "Extraterritorial; Jurisdiction Map" maintained in the office of the Planning Department, and recorded in the Wake County Register of Deeds' office, as the same may be amended from time to time pursuant to law. (Code 1979, §14-1008; Ord. No. 1979-41 TC-101, §17, 4-16-79; Ord. No. 1995-760-TC-122, §§29—31, TC-20C-95, 11-21-95) Cross references: Building inspections, minimum housing standards enforcement, planning and development, Part 10. State law references: Extraterritorial planning jurisdiction, G.S. 160A-360; zoning, G.S. 160A-381; subdivisions, G.S. 160A-371; flood-prone area regulations, G.S. 143-215.57 and G.S. 160A-458.1; sedimentation and erosion control, G.S. 113A-50 and G.S. 160A-458; public health nuisance abatement one (1) mile beyond corporate limits, G.S. 160A-193.

(a) The repeal of an ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired. (b) When an ordinance which repeals another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

The provisions appearing in this Code, so far as they are the same as ordinances adopted prior to this code and included herein, shall be considered as continuations thereof and not as new enactments.

It shall be unlawful and a violation of this Code for any person to give false information or misrepresentations in any application or permit required by this Code. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1979-247-TC-108, §8, 11-6-79; Ord. No. 2022-339 , §63, 2-15-22)

Notwithstanding any other provision of this Code, all administrative fees of this Code shall be deemed to be non-criminal and shall not be enforced as a misdemeanor or infraction pursuant to any State statute or City ordinance. (Ord. No. 2004-718-TC-258, §7, TC-17-04, 10-5-04)

Whenever any person shall destroy, injure or damage any property belonging to or in the custody of the City in such a manner as to create a claim for monetary damages in favor of the City, the claim shall be handled according to the procedure prescribed by this chapter. (Code 1959, §2-39)

If the property destroyed, injured or damaged is a motor vehicle or other vehicular equipment, or equipment accessory thereto, it shall be the responsibility of the head of the department or division having control or supervision of such property to cause an immediate report of the damages to be made to the superintendent of shops, who shall immediately make or cause to be made an inspection of the property and an estimate of the damages and the cost of repairs. As soon as practicable thereafter, the superintendent of shops shall make and forward to the City Attorney a written report of such property damages, setting forth the amount thereof and the circumstances under which they resulted. (Code 1959, §2-40)

If the property destroyed, injured or damaged is of a type other than that referred to in §14-2002, then the department head or the division head shall make immediate report thereof direct to the City Attorney, together with a statement of the circumstances under which the damages resulted. Repairs or replacement shall be the responsibility of the head of the department or division having supervision or control of the property. The amount of damages and cost of repairs shall be reported to the City Attorney. (Code 1959, §2-41)

It shall be the duty of the City Attorney to determine the facts concerning the destruction, injury or damage to such property, and the heads of departments and divisions shall cooperate with and assist the City Attorney in his investigations. If, in the opinion of the City Attorney, the City has a just and lawful claim against any person, firm or corporation responsible for causing the destruction, injury or damage to City property, he shall make written demand upon such person, firm or corporation for payment of the damages determined to be due the City, unless the damages shall be so nominal that the City Attorney, in his discretion, shall deem it impracticable and inappropriate to make such demand. When it appears to the City Attorney that there is no legal basis for making claim, no such demand shall be made. In the event that the person, firm or corporation causing the destruction, injury or damage shall fail or refuse to make payment to the City of the damages sustained, the City Attorney is authorized and directed to file in the name of the City a civil action against such person, firm or corporation for the recovery of damages, if in the opinion of the City Attorney the amount involved is sufficient to justify the prosecution of a suit and if in the opinion of the City Attorney there is a reasonable probability of obtaining and collecting a judgment against such person, firm or corporation. When the City Attorney has determined that a civil action is necessary and advisable, he is authorized to issue an order to the City Accountant and the City Clerk for the amount required to be deposited as advance court costs, and a check shall be issued by the proper officials for such amount payable to the proper court or official thereof. (Code 1959, §2-42) Cross reference: City Attorney, duties, §1-2011.

Whenever the City shall have any just and lawful claim for damages against any person arising out of tort causing destruction, injury or damage to any property of the City, the collector of revenue of the City is authorized to accept payment of the amount of compensation determined to be due to the City by the City Clerk, the City Attorney, and the head of the department of the City to which the property damaged was subject to control or supervision. The amount of compensation shall in no event be less than the actual cost of repairs to the property damaged, if the property is repairable, nor less than the difference between the reasonable market value of the property immediately before the damages and the reasonable market value or salvage value of the property immediately thereafter, if destroyed or damaged beyond repair. No amount less than that hereinbefore prescribed shall be accepted on behalf of the City in settlement of liability unless authorized in writing by the finance committee of the Council. (Code 1959, §2-43)

When payment has been received and accepted in accordance with the provisions of this article, the Mayor and the City Clerk, or the City Clerk acting alone, shall have full power and authority to execute in the name of and on behalf of the City a written release of liability in favor of the person claimed by the City to have been responsible for the damages, the form of release to be approved by the City Attorney. (Code 1959, §2-44)

Repairs to property damaged shall be made by the proper employee of the City whenever practicable. Repairs shall not be made by persons other than the City, except upon express authority from the Council when the estimated cost of repairs is one thousand dollars ($1,000.00) or more, or except upon the written authority of the City Manager when the estimated cost thereof is less than one thousand dollars ($1,000.00); in either case, competitive bids shall be requested and the repair work awarded to the lowest responsible bidder. (Code 1959, §2-45)

ORDINANCE DISPOSITION TABLE Ord. No. Date Section Subject Disposition 1977-419  1- 4-77 Civic center complex 9-6001 et seq. 1977-420  1- 4-77 Truck parking 11-2176 1977-429  1-18-77 Taxicabs 12-2056 1977-446 TC 49  2-15-77 Fire limits 5-2044 1977-454 TC 50  2-15-77 Zoning 10-2072 1977-472  3-15-77 Sidewalk use for private purposes 12-1022 1977-473  3-15-77 Civil rights unit 4-1011 et seq. 1977-474  3-15-77 Human resources and relations advisory committee 4-3001 et seq. 1977-502 TC 55  4-19-77 Zoning R 1977-511  5- 3-77 1—9 10, 11 12 Nuisances 7-5002, 7-5003, 7-5004 1977-514 TC 58  5- 3-77 Zoning 10-2072 1977-520 TC 58  5- 3-77 Zoning 10-2002 1977-521 TC 59  5- 3-77 1—5 Zoning 10-2024 6—9 10-2025 10—15 10-2026 1977-522 TC 60  5- 3-77 Zoning 10-2061 1977-523 TC 61  5- 3-77 1 Zoning 10-2028 2 10-2073 1977-524 TC 62  5- 3-77 1—6 Housing code 7-4121 7 7-4123 1977-525 TC 63  5- 3-77 1, 2 Zoning 10-2002 3 10-2073 1977-526 TC 64  5- 3-77 Boardinghouses 12-2013 1977-537 TC 66  5-17-77 Subdivisions 10-3049 1977-538 TC 67  5-17-77 Zoning 10-2061 1977-538 TC 67  5-17-77 Zoning 10-2061 1977-547  6- 7-77 Civic center complex 9-6001 et seq. 1977-553  6- 7-77 Truck routes 11-2004 1977-557  6- 7-77 Truck routes 11-2004 1977-564  6-12-77 Truck routes 11-2004 1977-569  6-23-77 Utility rates 2-3001 1977-579  7- 5-77 Projections over sidewalks 12-1001 1977-580  7- 5-77 1 Noise 12-5001 2 12-5002 3 12-5003 et seq. 1977-581  7- 5-77 Housing code 7-4122 1977-583  7- 5-77 Traffic; parking 11-2004 1977-586  7-19-77 1 Main extensions 8-2033 2 8-2037 1977-588  7-19-77 Plumbing code R 1977-591  7-19-77 Traffic; parking 11-2004 1977-592  7-19-77 Traffic; parking 11-2004 1977-598  8-16-77 Pedestrian malls 9-7001 et seq. 1977-611  9- 6-77 Taxicabs 12-4043 1977-615  9- 6-77 Animal license tax 12-3069 1977-622 TC 68  9-20-77 Zoning 10-2061 1977-625 TC 69  9-20-77 Zoning 10-2063 1977-637 10-18-77 Abandoned and junked vehicles 11-2028 1977-646 TC 70 11- 1-77 1 Zoning 10-2073 2 10-2033 3 10-2002 4 10-2032 1977-647 TC 71 11- 1-77 1, 2 Zoning 10-2002 3, 4 10-2026 5 10-2033 6 10-2034 7, 8 10-2042 9, 10 10-2043 11 10-2073 1977-648 TC 72 11- 1-77 1 Subdivisions; zoning 10-3049 2 10-3052 3 10-3053 4 10-3054 5 10-3055 6 10-3056 7 10-2021 8 7-2004 1977-649 TC 73 11- 1-77 1—3 Subdivisions 10-3003 4—10 10-3046 11—17 10-3047 18 10-3049 19, 20 10-3050 21 10-3051 22 10-3048 23 10-3003 24 10-3049 1977-656 TC 74 11- 1-77 Zoning 10-2002 1977-661 11-15-77 Refuse collection charges 7-3006 1977-664 11-15-77 Taxicabs 12-2071 1977-678 12-13-77 Business licenses 12-2013 1978-688 TC 75  1- 3-78 1, 2 Building inspections 7-4024 3 Registration of contractors 7-4031 4, 5 Building permits 7-4032 6 Building permits 7-4033 1978-700  1-17-78 Hauling refuse 12-1035 1978-702 TC 75  2- 7-78 1 Subdivisions 10-3073 2 10-3074 1978-703 TC 76  2- 7-78 1, 2 Zoning 10-2111 3 10-2033 4 10-2024 5, 6 10-2043 1978-704 TC 77  2- 7-78 1 Zoning 10-2026 2 10-2075 1978-705 TC 78  2- 7-78 Zoning 10-2094 1978-706 TC 79  2- 7-78 Zoning; subdivisions 10-3043, 10-2028 1978-711  2- 7-78 Building permits 7-4032 1978-712  2- 7-78 Loading 11-2004 1978-720  2- 7-78 Traffic; parking 11-2004 1978-721  2- 7-78 Traffic; parking 11-2004 1978-727  2-21-78 Alcoholic beverages 12-4001 1978-730  2-21-78 Parking 11-2004 1978-731  2-21-78 Parking 11-2004 1978-737  3-14-78 1 Cemeteries 9-4002 2 9-4004 3 9-4005 1978-746  3-14-78 Parking 11-2004 1978-748  3-14-78 Council meetings 1-1034 1978-751  3-21-78 Refuse collection 7-3004 1978-754  3-21-78 Parking 11-2004 1978-757  4- 4-78 1 Alcoholic beverages 12-4001 2 12-4003 1978-760  4- 4-78 Traffic; parking 11-2004 1978-773  4-18-78 1 Noise 12-5001 2 12-5002 3 12-5008 4 12-5011 1978-776 TC 80  5- 2-78 Zoning 12-2022 1978-777 TC 81  5- 2-78 Zoning 10-2046 1978-778 TC 82  5- 2-78 Zoning 10-2061 1978-779 TC 83  5- 2-78 1, 2 Zoning 10-2023 3 10-2061 4 10-2073 1978-799  5-16-78 1 Zoning 12-2022 2 12-2043 3 12-2046 4 12-2071 5 10-2074 6, 7 12-2076 8 12-2081 1978-810  6- 6-78 1 Alcoholic beverages 12-4001 2 12-4004 1978-820 TC 84  6-20-78 1 Zoning 10-2024 2 10-2073 1978-832  6-27-78 Utility rates NC 1978-833  7- 5-78 1 Building permits 7-4039 2 7-4106 3 7-4079 1978-837  7- 5-78 Charter amendment C, 2.2 1978-838  7- 5-78 Plumbing code 7-4081 1978-851  7-18-78 Lakes S 9-5002 1978-869 TC 85  8-15-78 1 Zoning 10-2002 2 10-2023 7 10-2028 8—10 10-2032 11 10-2039 12 10-2046 13—15 10-2061 16—18 10-2074 20 10-2073 1978-870 TC 85  8-15-78 Zoning 10-2073 1978-871 TC 87  8-15-78 1 Subdivisions 10-3014 2, 3 10-3045 1978-872 TC 88  8-15-78 1 Regulatory codes; enforcement 7-4022 2 Flood plains 8-2009 3 Regulatory codes 7-4172 4 Regulatory codes 7-4032 5 Regulatory codes 7-4033 6 Regulatory codes 7-4034 7 Regulatory codes 7-4001 et seq. 10 Zoning 10-2002 11, 12 10-2011 13 10-2027 14 10-2048 16—19 Flood hazard areas 8-2009 20, 21 Subdivisions 10-3013 22 10-3016 23 10-3043 24 10-3045 25 10-3052 26 10-3057 1978-904  9-19-78 Subdivisions 10-3057 1978-914 10- 3-78 Plumbing permits 7-4079 1978-922 10-17-78 Fire limits 5-2044 1978-942 TC 89 11-21-78 Zoning 10-2061 1978-943 TC 90 11-21-78 Subdivisions 10-3003 1978-944 TC 91 11-21-78 Zoning 10-2113 1978-945 TC 92 11-21-78 Zoning 10-2049 1978-946 TC 93 11-21-78 Zoning 10-2074 1978-947 TC 94 11-21-78 Technical codes 7-4003 et seq., 7-4101 1978-948 TC 95 11-21-78 1 Erosion control R 2, 3 R 4—6 R 1978-957 11-21-78 Parking violations 11-2024, 11-2025 1978-958 11-21-78 1 Traffic; parking 11-2171 2 11-2024 3 11-2125 1979-981 TC 96  1- 2-79 1, 2, 3 Signs 10-2002 4 10-2065 et seq. 5, 6 10-2073 7 10-2022 8, 9 10-2023 10 10-2024 11 10-2027 12 10-2039 13 10-2041 14, 15 10-2042 16, 17, 18 10-2043 19 10-2044 20 10-2046 21 10-2071 22 10-2074 23, 24 10-2065.2 25 10-2091 26 10-2092 27 10-2073 28, 29 7-4033 30 7-4025 31, 32 7-4024 33 7-4034.1 34 7-4022 35, 36, 37 12-1001 38 10-2066 et seq. 39, 40, 41 10-2044 42 10-2045 43 10-2071 44, 45 10-2064 46 10-2116 1979-988  1-11-79 Flood plain 10-4003 1979-988A  1-11-79 Flood plain maps NC 1979-991  1-16-79 Traffic NC 1979-992  1-16-79 Cemeteries 9-4004 1979-993  1-16-79 Traffic NC 1979-2  2- 6-79 Traffic NC 1979-3  2- 6-79 Traffic NC 1979-5  2- 6-79 Council meetings NC, Repeals 2-1(b) of 1959 code 1979-8  2- 6-79 Residential parking permits 11-2182 1979-17  2-20-79 Traffic NC 1979-18 TC 97  2-20-79 Building heights 10-2064 1979-19 TC 98  2-20-79 1 Subdivisions 10-3049 2 10-3051 1979-20 TC 99  2-20-79 Subdivisions 10-3073 1979-21 TC 100  2-20-79 1 Planning commission 10-3072 2 approval of subdivisions 10-3072 3 10-3011 4 10-3011 5 10-3011 6 10-3012 7 10-3012 8 10-3014 9 10-3017 10 10-3017 11 10-3050 12 10-3054 13 10-3055 14 10-3056 1979-32  3- 8-79 Traffic NC 1979-39  3-20-79 Traffic NC 1979-41 TC 101  3-22-79 1 Sedimentation control 7-4001 2 7-4001 3 7-4002 4 7-4010 5 7-4021 6 R 7 7-4024 8 7-4024 9 7-4024 10 7-4032 11 7-4033 12 7-4034 13 7-4039 14 7-4022 15 R 16 R 17 14-1008 18 R 19 R 20 R 21 R 22 R 23 R 1979-45  3-20-79 Bad checks 2-2001 1979-46  3-20-79 Handicapped ramps 12-1022 1979-47  3-22-79 Flood hazard soils areas 10-4009 1979-53  4- 3-79 Taxicabs 12-2056 1979-59  4- 5-79 Fishing fees R 1979-69 TC 102  4-17-79 Rezoning 10-2113 1979-73 TC 103  5- 1-79 Erosion control R 1979-76  5- 1-79 Appointment procedures 1-4002 1979-79 TC 104  5- 1-79 Landscaping of parking lots 10-2061 1979-118  6-19-79 Encroachment defined 12-1001 1979-119  6-19-79 Traffic NC 1979-126  6-19-79 1 Foot and bicycle races 12-1051 2 12-1059 1979-135 TC 103  7- 3-79 Signs 10-2065.7 1979-146 TC 104  7-17-79 Zoning 10-2073 1979-150  7-17-79 Flood plain boundaries map NC 1979-151  7-17-79 Flood plain boundaries map NC 1979-161 TC 105  8- 7-79 1 Utilities, standards in 10-3054 2 subdivisions 10-3055 3 8-2063 1979-162 TC 106  8- 7-79 Underground utilities in subdivisions 10-3049 1979-176  8-21-79 Utility connections 7-4081 1979-181  8-21-79 Taxicab fares 12-2043 1979-184  8-21-79 Dogs 12-3011 1979-186  8-21-79 Utility acreage fees 8-2031 1979-196  9- 4-79 1 Taxicabs 12-2071 2 12-2076 3 12-2076 1979-197  9- 4-79 Street improvements 6-2001 et seq. 1979-236 10- 2-79 Sidewalk assessments 6-2022 1979-239 TC 107 10-16-79 1 Yard requirements; 10-2037 2 zoning 10-2037 1979-247 TC 108 11- 6-79 1 Erosion control 10-5001 et seq. 2 7-4023 3 7-4024 4 7-4032 5 7-4034 6 7-4042 7 7-4041 8 14-1011 1979-262 11-20-79 Code adopting ordinance page v 1979-264 TC 110 11-20-79 Housing code 7-4122 1979-266 11-20-79 1 Sedimentation control 10-5006 2 10-5013 1979-272 TC 111 12- 4-79 1 Zoning 10-2023 2 10-2023 3 10-2073 1979-278 TC 112 11-20-79 1 Special use permits for 10-2071 2 nonconforming uses 10-2071 3 10-2076 et seq. 1979-279 TC 113 12-18-79 1 Zoning; day care 10-2002 2 10-2073 3 10-2073 4 10-2073 5 10-2061 1980-287  1- 1-80 Privilege licenses 2-2032 1980-316 TC 114  2-19-80 Signs 10-2065.2 1980-346  4- 1-80 1 Firearms and dangerous 12-1060 2 weapons 12-1053 1980-349 TC 115  4- 1-80 Zoning 10-2023 1980-328  3- 4-80 Water and sewer assessments 8-2035 1980-359 TC 116  5- 6-80 Subdivisions 10-3051 1980-361 TC 117  5- 6-80 1 Historic properties 10-1031 et seq. 2 and district R 3—8 10-2049 9—15 R 16—19 10-2049 20 R 21—28 10-2049 1980-383 TC 119  5-20-80 1 Soil erosion 10-5005 2 10-5010 3 7-4032 1980-384 TC 120  5-20-80 Zoning 10-2075 1980-393  6- 3-80 1—4 Pedestrian mall sales 9-7004 5, 6 12-1024 1980-409  7- 1-80 1 Dog licenses 12-3014 2 9-7004 1980-416  7-15-80 1—3 Traffic 11-2232 4 11-2233 5 11-2241 6 11-2243 1980-422 TC 122  7-15-80 Zoning 10-2065.2 1980-423 TC 123  7-15-80 1 Appearance commission 10-1021 1980-443  9- 2-80 1 Aircraft and parachutes over city 13-2003 2 13-2004 3 13-2005 1980-448 TC 128  9- 2-80 1 Zoning 10-2002 2 10-2065.2, 10-2065.6 1980-502 10-21-80 1 Rabies inoculation 12-3004 2 12-3008 3 12-3064 4 12-3074 1980-503 10-21-80 Projections over sidewalks 12-1001 1980-508 10-21-80 1 Noise 12-5001 2—5 12-5002 6—10 12-5003 11, 12 12-5004 13 12-5007 1980-509 10-21-80 Alcoholic beverages 12-4002 1980-511 11- 4-80 Precious metals 12-2155 et seq. 1980-518 TC 131 11- 4-80 1, 2 Zoning 10-2002 3, 4 10-2065.2 1980-519 TC 132 11- 4-80 1, 2 Subdivisions 10-3012 3—5 10-2094 1980-527 TC 133 11-18-80 1—3 Historic properties 10-1031 4—7 commission 10-1032 8—10 10-1033 11—14 10-1034 15 10-1036 16 10-1037 17 NC 18—21 10-2049 22, 23 NC 1980-528 TC 134 11-18-80 1—5 Townhouse developments 10-3073 6 10-3074 CODE COMPARATIVE TABLE Listed below is the location within this Code of each ordinance included therein, beginning when the publication became the responsibility of Municipal Code Corporation in 1981. Users of this volume should be aware that ordinances included in this volume prior to that time are listed in the Ordinance Disposition Table immediately preceding this table. Ordinance Number Date Section Section this Code 1973-425  5-21-73 1 4-1004(a) 1977-578  7- 5-77 1—5 9-10001—9-10005 1980-425  7-15-80 1 Rpld 2-2032(4) Rnbd 2-2032(5) as (4) 1980-435-TC-124  8- 5-80 1 10-3072(b)(1) 2 10-3072(b)(3) 1980-436-TC-125  8- 5-80 1 10-2077 2 10-2079(catchline) 3 10-2079(a) 4 10-2081(c) 5 10-2082 1980-437-TC-126  8- 5-80 1 Rpld 10-2113(n) 1980-438-TC-127  8- 5-80 1 7-4039 1980-487 10- 7-80 1 12-2022(1) 2 Rnbd 12-2022(4)—(13) as (5)—(14) 3 Added 12-2022(4) 4—7 2-2023—12-2026 8, 9 12-2027(a), (b) 10 Rnbd 12-2028(1)—(3) as (3)—(5) Added (1), (2) 11 12-2028(5) 12 12-2030(a) 13, 14 12-2031, 12-2032 15 12-2035 16 12-2040 17 12-2042 18—20 12-2045—12-2047 21 12-2057 1980-488 10- 7-80 1 9-7004.1 1980-497-TC-129 10- 7-80 1 10-2024(r) 1980-526 11-18-80 1 11-2132(d)(1) 2 11-3007(3) 1980-540-TC-135 12- 9-80 1 10-2033(g) 1980-544 12- 9-80 1 7-3005(5) 1981-599  1- 6-80 1 Rpld 9-7021—9-7024 2 Rnbd 9-7031—9-7040 as 9-7021—9-7030 1980-560  1- 6-81 1 8-2005 1981-562  1- 6-81 1 13-2010(a) 1981-570  1-20-81 1 12-2118—12-2122 1981-574  2- 3-81 1, 2 9-2001(6) 1981-602  3-17-81 1 14-1004 1981-603  3-17-81 1 12-2156(a) 1981-604  3-17-81 1 Rpld 2-3001(a)(2), Rnbd 2-3001(a)(1) as (a) 2 2-3001 3 2-3001(b)(c) 4, 5 2-3002, 2-3003 1981-605  3-17-81 1 12-2120(b) 1981-617  3-17-81 1, 2 1-4001(a), (b) 3 1-4002(a) 1981-623-TC-136  4- 7-81 1 10-2075(b)(2) 2 10-2075(b)(3), (4) 3 10-2075(f)—(h) 4 10-2065.2(l) 5 10-2002 1981-624-TC-137  4- 7-81 1 10-2002 2 10-2061(e) 3 10-2061(k) 4 10-2061(k)(2), (3) 5 10-3074(a)(2)f 1981-654  5- 5-81 1 5-3007(a) 1981-657A  5- 5-81 1 11-2182(e) 1981-666-TC-139  5-19-81 1 10-2065.1(1) 1981-667-TC-140  5-19-81 1 10-2002 2 10-2072(d) 3 10-3003 1981-668-TC-141  5-19-81 1 10-2064(b)(2)a 1981-669-TC-142  5-19-81 1, 2 10-2002 3 10-2028(e) 4 10-2073(c)(21) 5 10-2073(c)(21)c 6 10-2036 1981-670  5-19-81 1 8-2031(b) 1981-677-TC-143  6- 2-81 1 10-2065.7(1) 2 Rpld 10-2065.7(2), (3), (5) Rnbd (4) as (2) 3 10-2039(9) 1981-679  6- 2-81 1 7-4081(b) 1981-687  6-16-81 1 7-3006(b) 2 7-3007 1981-688  6-16-81 1 Rpld 2-3001(b)(3) Rnbd (4) as (3) 2 2-3001(c)(3)a 1981-691  6-16-81 1, 2 11-2174(a), (b) 3 11-2212(6) 1981-697-TC-144  7- 7-81 1 10-2026(f)(2)v 1981-699  7- 7-81 1 1-4003(a) 1981-700  7- 7-81 1 9-7002(a) 1981-709  7-21-81 1 9-2025 1981-714-TC-145  7-21-81 1 10-3050(a) 1981-716-TC-146  7-21-81 1 Rpld 10-2062(e) 2 10-2074(b)(1) 1981-717  8- 4-81 1 11-2132(d)(1) 1981-723-TC-147  8- 4-81 1 10-2073(c)(8) 1981-724-TC-148  8- 4-81 1 10-3012(c) 1981-725  8- 4-81 1 12-5002(b) 2 10-5002(d)(1) 3 12-5002(d)(3) 1981-735  9- 1-81 11-2182(note) 1981-747  9-15-81 1, 2 7-4081(b) 1981-761-TC-149 10- 8-81 1 7-4024(b)(2) 1981-772-TC-150 10-20-81 1 10-3071(b)(6)b 1981-781-TC-151 11- 3-81 1 10-2002 2 10-2024(p) 3 10-2033(a) 4 Rpld 10-2073(c)(23) 1981-782-TC-152 11- 3-81 1—4 7-4032(a)—(d) 5 7-4039(d)(1)a 1981-783-TC-153 11- 3-81 1 10-2094(d)(1) 1981-784-TC-154 11- 3-81 1 10-2061(a)(3)q 2 10-2002 3 10-2065.7(2) 1981-785 11- 3-81 1 13-2016 1981-786 11- 3-81 1 13-2016(b) 1981-788 11- 3-81 1 11-2058 1981-806 12- 8-81 1 Rpld 12-1001(a)(3)h 2 Rnbd 12-1001(a)(3)i as h 1982-821  1- 5-82 1 11-2171(b)(13) 1982-827  1-19-82 1 9-2001(6) 1982-834  2- 2-82 1 11-2182(e) 1982-847-TC-155  2-16-82 1 10-2040(3) 2 10-2041(3) 1982-848-TC-156  2-16-82 1 10-3056(a) 1982-849-TC-157  2-16-82 1 10-3057(d)(1)—(3) 2 10-3049(g), (h) 3 10-3052(b)(3) 4 10-4002(2) 5 10-4002(4) 6 10-4002(6) 7 10-4003(b) 8 10-4005(a)(2) 9 10-4005(f) 10 10-3057(a), 10-4008(2)d 11 10-4009(6) 12 10-4010(a) 13 10-4017(a)(1) 14 7-4034(a) 15 7-4035(e) 16, 17 7-4037(b)(1), (2) 1982-860  3- 9-82 2 1-1051(h) 1982-871-TC-158  3-23-82 1 10-2064(a)(2) 1982-872-TC-159  3-23-82 1 10-2073(c)(12)h 1982-873-TC-160  3-23-82 1 Rpld 10-4006(5)—(8), (10), Rnbd (9), (11), (12) as (5)—(7) 2 10-4006(4) 3 10-4006(2) 1982-874  3-23-82 1 5-2044(c) 1982-876  3-23-82 1 5-2044(a) 2, 3 5-2044(b) 1982-876  3-23-82 1 11-2175(e) 1982-883  4- 6-82 1 12-4001 1982-884A  4- 6-82 1 9-7004(a) 1982-890-TC-161  4-20-82 1 10-2024(s) 2 10-2072(b) 3 10-3071(b) 4—6 10-3071(b)(2)—(4) 1982-901-TC-162  5- 4-82 1 10-2002 1982-913-TC-163  6- 1-82 1 10-2002 2 10-2073(c)(18) 3, 4 10-2002 5 10-2028(f) 1982-914  5-18-82 1 Rpld 2-2032(1) 2 Rnbd 2-2032(2)—(4) as (1)—(3) 1982-933  6-29-82 1 Rpld 11-2171(b)(13) 1982-938  7- 6-82 1 7-4081(b) 1982-941  7-20-82 1 12-3007 2 12-3011(a) 1982-946-TC-164  7-20-82 1 10-2002 2 10-2075.1 3 10-2061(b) 4 10-2029 5 10-2030(a) 6 10-2031 7 10-2075(f) 8 10-2075(d)(3)b 9 10-2002 10 10-2026(e) 11 10-2075(a) 1982-947-TC-165  7-20-82 1 10-3019 1982-949  7-20-82 1 12-2120(e) 1982-955-TC-166  8- 3-82 1, 2 10-2002 3 10-2061(a)(3)q 4 10-2065.2(j)(2)c 5 10-2065.3(a)(2)f 1982-956-TC-167  8- 3-82 1 10-2075(b)(2) 1982-962  9- 7-82 1 8-2114(e) 1982-971-TC-168  9- 7-82 1 10-3003 2 6-2012(1)c 1982-992 10- 5-82 1 11-5001—11-5011 1982-993 10- 5-82 1 2-2071(b) 1982-4-TC-169 10-19-82 1 10-2042(1)a 2 10-2044(1)a 1982-5 10-19-82 1 6-2012(2)a 2 6-2021(1)e 3 6-2021(2)e 4 6-2021(3)a 1982-6 10-19-82 1 2-3001(c)(3)b 1982-16-TC-170 11- 2-82 1 10-2113(n) 1982-28 12- 7-82 1 2-2074 1982-33-TC-171 12- 7-82 1 10-2043(b)(1)a 2 10-2063(a)(table) 1982-39 12-21-82 1 9-2001(6) 1982-46-TC-172 12-21-82 1 10-2023(l)n 2 10-2073(c)(23) 1982-47-TC-173 12-21-82 1 12-3031 1982-49-TC-174 12-21-82 1 10-1034(a)(3) 2 10-2049(b) 3 10-2049(c)(2) 4 10-2049(e)(3)b, n 5 10-2049(e)(3)p 6 10-2049(g) 7 7-2002, 10-2061(c), 10-2062(a), (b) 1983-62-TC-175  2- 1-83 1 10-2111 1983-63  2- 1-83 1 8-2004 1983-65-TC-176  2-15-83 1 10-3011(b) 2 10-3012(e) 3 10-3020 1983-75-TC-177  3- 1-83 1 10-2023(1)o 2 10-2033(h) 3 10-2046(b)(6) 4 10-2064(b)(1)a 1983-81-TC-178  3-15-83 1, 2 10-2063(a)(table) 1983-83  3-15-83 1 11-2207(a) 1983-88  4- 5-83 1 7-3004(a)(3)b 1983-95-TC-179  4-19-83 1 10-2024(s) 2 10-2025(e) 3 10-2072(b) 4 10-2075.1(c)(1) 5, 6 10-3003 7 10-3071(b) 8 10-3072(a) 9 10-2072(c) 10 10-3073(b) 11 10-3071, 10-3074 1983-97-TC-180  4-19-83 1—4 10-2061(c) 1983-98  4-19-83 1 7-2001(a)(3) 2 9-7004(a) 3 12-4007 4 9-7007 1983-108  5- 3-83 1 12-4001 2 12-4002—12-4004 1983-109-TC-181  5- 3-83 1 10-2043(b)(1)h 1983-111  5- 3-83 1, 2 12-2043(1)a, b 3 12-2043(4) 1983-115-TC-182  5-17-83 1—3 10-2002 4 10-2026(i), (j) 5 10-2061(a)(1)i 6 10-2061(a)(2)f 7 10-2061(a)(2)j 8 10-2063(a)(table) 1983-117-TC-183  5-17-83 1 7-4121(c)(9), (20) 2 7-4122(1)a—c 3 7-4122(2)a 4 Rpld 7-4122(2)c Rnbd (2)d, e as (2)c, d 5 7-4122(3)a 6 7-4122(3)j 7 7-4122(4)e2 8 7-4122(4)e4 9 Rpld 7-4122(4)e5 10, 11 7-4124(a), (b) 12 7-4124(b)(4) 13 7-4125(c) 14, 15 7-4129(b) 16 7-4131, 7-4132 17 Rpld 7-4134 1983-119  5-17-83 1 7-4081(b) 1983-126-TC-184  6- 7-83 1, 2 7-4039(c), (d) 3 7-4039(e)—(k) 4 7-4079 5 7-4106 1983-127-TC-185  6- 7-83 1 10-2002 1983-128-TC-186  6- 7-83 1 10-2002 2 10-2024(l) 1983-129-TC-187  6- 7-83 1, 2 10-2113(b), (c) 1983-151-TC-188  7-19-83 1 10-2075(e) 2 10-2075.1(e) 3 10-3071(b)(6) 1983-152-TC-189  7-19-83 1 10-2002 2 10-2045(1)f 3 10-2073(c)(28) 1983-153-TC-190  7-19-83 1 10-2045.1—10-2045.3 2 10-2002 3 Added 10-2011r; Rnbd 10-2011r—t as s—u 4 10-2063(a)(table) 5 10-2064(a)(8) 6 10-2064(b)(2)c 7, 8 10-2066.1(3)d, e 9 10-2073(c)(23) 10, 11 10-2073(c)(25), (26) 12 10-3003 13 10-3058 14 7-2004(e)(1) 15 12-5003 1983-154  7-19-83 1 Rpld 8-2111—8-2119; Added 8-2111—8-2121 1983-160-TC-191  8- 2-83 1 10-2075(d)(3)a 2 10-3073(b)(3)g 1983-162-TC-192  8- 2-83 1 10-3022(b) 1983-163-TC-193  8- 2-83 1 10-2113(i) 1983-166-TC-194  8- 2-83 1 10-3071(b) 2 10-3072(a) 3 10-2072(c) 1983-167  8- 2-83 1 9-9001—9-9005 1983-179-TC-195  9- 6-83 1 10-3072 2 10-3074(a)(1) 1983-198-TC-197 10- 4-83 1—4 7-4032(a)—(d) 1983-200 10- 4-83 1 8-2033 1983-210-TC-198 10-18-83 1 10-2066—10-2066.4 2 Rpld 10-2044(1)b 3 10-2044(2) 4 10-2045(2)h 5 Rpld 10-2045.1(1)b; Rnbd 10-2045.1(1)c—k as b—j 6 10-2045.1(1)j 7 10-2045.1(3)c 8 10-2045.1(3)d2 9 10-2045.1(4)g 10 10-2045.1(5)a3 11 10-2045.1(5)a10 12 10-2045.3 13 10-2002 14 10-2064(a)(8) 15 10-2066.1(3)d, e 16 10-2046(b)(5) 17 10-2064(a)(5) 18 10-2064(b)(5) 19 10-2002 1983-216-TC-199 11- 3-83 1 10-2002 2 10-2023(1)k, 10-2039(9), (9)a, 10-2042(4)b, 10-2043(4)b, 10-2065.3(a)(2)b, 3 10-2039(9)b 4 10-2039(9)e, f 5 10-2039(9)g, h 6 10-2065.2(c) 7 Rnbd 10-2065.2(c)(6) as (7) Added 10-2065.2(c)(6) 1983-217-TC-200 11- 3-83 1 Rpld 10-2045(1)f 2 Rpld 10-2073(c)(28) 3 10-2044(1)b 4 10-2044(3)c 1983-218 11- 3-83 1, 2 9-9002, 9-9003 3 9-9004(6) 1983-220-TC-201 11- 3-83 1 10-2073(c)(2)c 1983-230-TC-202 11-15-83 1 10-2073(c)(12)h, (c)(14)d, (c)(20)d, (c)(22)c, (c)(23)h 1983-234-TC-203 11-15-83 1 10-3005 1983-239 12- 6-83 1 8-2113(a)(2) 2 8-2115(c) 1983-244-TC-204 12- 6-83 1 10-3047(a) 2 10-3049(a) 3 10-3049(a), (c) 1983-245-TC-205 12- 6-83 3 Pt. 7(title), Pt. 7, Ch. 2(title) 4 7-1002(4) 5 Rpld 7-1002(6) 6 7-2005(c) 7 7-2002(caption), Rpld 7-2002(1), Rnbd 7-2004(a) as 7-2002(a), Rnbd 7-2002(2)—(5) as (b)—(e), 7-2002(d)(1)c 8 Rnbd 7-2004(d)—(g) as 7-2002(f)—(i), Rnbd 7-2004(i), (j) as 7-2002(j), (k) 9 Rnbd 7-2003 as 12-1037.1 10 7-2004 12 Part 7, Ch. 4, Art. B(title) 13 7-4021 14 Rpld 7-4022(2), Rnbd 7-4022(3)—(5) as (2)—(4) 15 7-4023(caption) 16 7-4023(a) 17 Rnbd 7-4022 as 7-4023, Rnbd 7-4023 as 7-4022 19 7-4032(a) 21 7-4039(a) 22 7-4040(2), (4)—(6) 24 7-4052(2) 25 7-4053(a) 27, 28 7-4054, 7-4055 29 Rpld 7-4071(d), Rnbd 7-4071(e) as (d) 30, 31 7-4075(a) 32 7-4075(c) 33 7-4075(g) 34 7-4075(h), 7-4151(g) 35 7-4081 36 Rnbd 7-4109, 7-4110 as 7-4026, 7-4027 37 7-4121(a) 38 7-4121(c) 39 7-4121(c)(9) 41 7-4122(4)(h), 7-4123(a)(2), (3) 42 7-4124(b)(4) 43 7-4125(a) 44 7-4126 45 7-4132 46 Rpld 7-4138 47 7-4151(d) 48 Rnbd 7-4151, Art. H as 7-4095, Art. F Rnbd Arts. F, G as G, H 49 Rnbd Part 7, Ch. 4, Art. J as I 51 Rnbd 7-5001—7-5004 as 12-6001—12-6004 53 10-2049(i)(2) 54 10-2061(a) 55 10-2091, 10-2092 57 Rnbd 7-2002, 7-2004 as 10-7001, 10-7002, Rnbd 7-4001—7-4172 as 10-6001—10-6172 58 7-2005—7-2010 as 7-2002—7-2007 1983-249-TC-206 12-20-83 1, 2 1-3001, 1-3002 1984-260  1- 3-84 1 4-3003 1984-261  1- 3-84 1 11-2132(b) 1984-269  1-17-84 1 8-2118 1984-277-TC-207  2- 7-84 1 10-2111 1984-278-TC-208  2- 7-84 1 10-6024(b)(2) 1984-280  2- 7-84 1 5-2044(b) 1984-294  2-21-84 1 Rpld 11-2028, 11-2029 2 12-7001—12-7014 1984-304-TC-209  3-20-84 1 10-2073(c)(12)i 1984-307  3-20-84 1 Part 12, Ch. 3, Art. B(title) 2 12-3011(b), (c) 3 12-3016—12-3018 4 12-3021 5 12-3069 1984-308-TC-210  3-20-84 1 Rnbd 10-3071(b)(7), (8) as (8), (9) Added 10-3071(b)(7) 2 10-3074(a)(2)h 1984-318-TC-211  4- 3-84 1 10-2073(c)(20) 2 10-2073(c)(20)c 3 10-2073(c)(20)f, g 1984-319-TC-212  4- 3-84 1, 2 10-2037(2), (3) 1984-320-TC-213  4- 3-84 1, 2 10-2002 3 10-2028(g) 4 10-2049(e)(3)q 5 10-2061(a)(1)f 6 10-2073(c)(16) 7 10-6123(b) 1984-337-TC-214  4-17-84 1 10-2033(title) 2 10-2033(g) 3 10-2033.1 4 10-2035(a),(c), 10-2038(a),(c) 5 10-2042.1 6 10-2044(1)b.6 7 Rnbd 10-2044(3)a, b as 10-2045(3)a, b Rpld 10-2044(3)c Rnbd 10-2044(4) as (3) 8 10-2044.1 1984-338  4-17-84 1 8-2001 2 8-2031(a) 3 8-2031(c) 4 8-2033 5, 6 8-2038(a), (b) 7 8-2066 8 8-2092 9—11 8-2094(a)—(c) 1984-343-TC-215  5- 1-84 1 8-2065 2 8-2072 3 10-6081(g) 1984-348-TC-216  5-15-84 1 10-2073(c)(4) 1984-349-TC-217  5-15-84 3 10-2002 4 10-2064(b)(1)a 5 10-2073(c)(3) 1984-366-TC-218  6-19-84 1 10-2074(b)(5) 2 10-2031 3 10-2063(a)(table; notes) 4 10-2064(a)(6) 5 10-2072(a) 10-2075(e), 10-2075.1(e) 1984-367-TC-219  6-19-84 1 10-3071(b)(6) 2 10-2045(1)f 1984-368  6-19-84 1 10-2072(e) 5-2044(c) 1984-383  7-17-84 1 9-2016 1984-384  8- 7-84 1 2-3005 1984-389-TC-220  8- 7-84 1 10-2027(1)(c) 2 10-2027(1)(c)2 3 10-3074(a) 1984-390-TC-221  8- 7-84 1 10-2065.2(b)(1) 2 10-2065.2(h) 1984-392  8- 7-84 1 1-4002(g) 1984-407-TC-222  9- 4-84 2 10-3012(d) 3 10-3012(title), (g) 4 10-3013(b)(6)(vi) 5 10-3013(b)(12) 6, 7 10-3015, 10-3016 8 Rpld 10-3071(b)(8)e Rnbd f as e 9 10-2022(3) 10-2033.1(b) 10-2035(b) 10-2038(b) 10-2042.1(b) 10-2043(3)(b) 10-2044(1)b6 10-2044.1(b) 10-2045.1(5)c 10 10-2043 16 10-2092(b)(4)e(note), 10-3012(note) 1984-415  9-18-84 1, 2 12-1022(a) 3 12-1022(b) 1984-423-TC-223 10- 2-84 1 10-5013(a)(1) 1984-424-TC-224 10- 2-84 1 10-2027(4)(e) 2 10-2027(4)(h) 3 10-2075(g)(3) 4 10-2075(i) 5 10-2075.1(f) 1984-431-TC-225 10-16-84 1 10-2049(b) 1984-438-TC-226 11- 6-84 1 10-2002 2 Rnbd 10-2011(j)—(u) as (k)—(v) Added 10-2011(j) 3 10-2030.1 4 10-2063(a) (table; note) 5 10-2064(a)(9) 6 10-2072(f) 7 10-2073(c)(16), (18), (21), (24) 1984-445 12- 4-84 1 1-3001, 1-3002 1984-448-TC-227 12- 4-84 1 10-2061(3)i 2 10-2061(3)n 3 10-2061(3)m 1984-450-TC-228 12- 4-84 1 10-2022(1)k 2 10-2065.2(g)(2) 3 10-2065.2(k) 4 10-2065.4 1984-452 12- 4-84 1 11-2207 2, 3 11-2209, 11-2210 4 Rpld 11-2181(a)(3), (4) 1984-453 12- 4-84 1 2-3004 2 2-3006 1984-463-TC-229 12-18-84 1 10-2074(b)(1) 1984-469 12-18-84 1 9-9002 1984-470 12-18-84 1 8-2031(d) 2 8-2061(l) 3 8-2092 4 8-2093(b) 1985-476  1-15-85 1 9-9002 1985-477  1-15-85 1 8-2066 1985-478  1-15-85 1 8-2061(3) 1985-488  2- 5-85 1 5-1003, 5-2003 1985-504  3- 5-85 1 2-2071(b) 1985-509-TC-230  3- 5-85 1 10-2033(a) 2 10-2034(1) 3 10-2063(a) (table; note) 4 10-2072(a)(3), (e) 5 10-2072(g) 6 10-2094(d)(2)—(4) 7, 8 10-2094(d)(8), (9) 1985-510-TC-231  3- 5-85 1 10-6032(f)(4) 2 10-5003 3 10-5008(b) 4, 5 10-5011 6, 7 10-5013(a)(1) 1985-511-TC-232  3- 5-85 1 10-2002 2 10-2011(and note) 3 10-2024(b) 4 10-2024(c)(3) 5 10-2024(d)(3) 6 10-2067 7 10-2072(c), (d) 8 10-3003 9 Added 10-3005(a)(7) Rnbd (a)(7)—(10) as (8)—(11) Added 10-3005(b)(7) Rnbd (b)(7)—(10) as (8)—(11) 10 10-3013(b)(13)—(15) 11 10-3016 12, 13 10-3049(a) 14 10-3049(g)(7) 15 10-3049(i) 16 10-3052(b)(6), (7) 17 10-3052(c) 18 10-3059 19 10-2072(b), 10-3071(b) 20 10-3071(b)(2)d 21 10-3071(b)(6) 22 10-3074(a)(2)b2 23, 24 10-5003 25 10-5006 26 10-5006(1) 27 10-5006(10) 28 10-5006(12) 29 10-5007 30, 31 10-5009 32 10-6032(f)(2) 33 10-6035(f) 34 Rnbd 12-6002(14) as (15) Added 12-6002(14) 1985-522  3-19-85 1 9-4004(d) 1985-529-TC-233  4- 2-85 1 Rpld 10-3049(b)(3)—(7) Rnbd (b)(8) as (3) 2 10-3049(b)(4) 1985-530-TC-234  4- 2-85 1 10-6071(d)(6) 2 10-6080(a) 3 10-6080(b), 10-6082(b) 4 10-6081(title), 10-6082(title) 5, 6 10-6081(b), (c) 7 10-6081(d)(1) 8 10-6081(d)(5) 9 Rpld 10-6081(d)(6), (e) Added 10-6081(e), (f) 10 10-6081(g) 11 10-6082(title) 12 10-6082(a), (b), (d) 13 10-6082(b), (c) 14 10-6082(b) 15 10-6082(c) 16 10-6083 17 10-3014(b)(3) 1985-531-TC-235  4- 2-85 1 10-2075(j) 2 10-2075.1(g) 1985-542-TC-236  4-16-85 1 10-2023(1)m 2 Rnbd 10-2026(f)(1)(i)—(v) as (f)(1)a—e Rnbd 10-2026(f)(2)(i)—(v) as (f)(2)a—e 3 10-2073(c)(27) 4 Rpld 10-2073(c)(27)d Rnbd (c)(27)e—h as d—g 5, 6 10-2073(c)(27)d, e 7 10-2075(e) 8 10-3071(b)(6) 9 10-3072(a) 10 10-3073(b) 11 10-3073(b)(2) 1985-543  4-16-85 1 Rnbd 8-2001 as 8-2002 Added 8-2001 2, 3 Rnbd 8-2002, 8-2003 as 8-2003, 8-2004 4 Rnbd 8-2004 as 8-2038 5 8-2005 6 8-2006(4) 7, 8 8-2007(3), (4) 9 8-2007(5), (6) 10 Rnbd 8-2007(6) as 8-2010 11 8-2011, 8-2012 12 Pt. 8, Ch. 2, Art. B, Div. 1(title) 13 Rnbd 8-2031, 8-2032 as 8-2092, 8-2093 14 Rnbd 8-2033 as 8-2031 15 Rnbd 8-2034 as 8-2032, 8-2033 16 Rnbd 8-2035—8-2037 as 8-2034—8-2036 17 Rnbd 8-2038 as 8-2037 18 Rnbd 8-2039 as 8-2075 19 Rnbd 8-2040 as 8-2063 20, 21 Rnbd 8-2041, 8-2042 as 8-2076, 8-2077 22 Rpld 8-2043 23 Rpld 8-2044, 8-2045 24 Pt. 8, Ch. 2, Art. B, Div. 2(title) 25 Rnbd 8-2061 as 8-2071 26 Pt. 8, Ch. 2, Art. B, Div. 3(title) 27 Rpld 8-2091 28 Rnbd 8-2092 as 8-2091 29, 30 Rnbd 8-2093, 8-2094 as 8-2094, 8-2095 32 10-6080(a) 33 10-6082(a) 34, 35 8-1002(5), (6) 1985-553  5- 7-85 1—3 7-3006(b)(1)—(3) 4 7-3007(b) 1985-577-TC-237  6- 4-85 1 10-3049(a) 2 10-3054(b), 10-3055(b) 3 8-2063(d), 10-3054(d) 1985-578-TC-238  6- 4-85 1 10-6035(g) 1985-579-TC-239  6- 4-85 1 10-2002 2 10-2044(1)b3 1985-585  6-18-85 1 8-2092(a) 1985-592-TC-240  6-18-85 1 10-2002 2 10-2075(e), 10-2075.1(e) 3 10-2075.1(e) 4 10-3071(a) 5 10-3071(b)(6) 1985-594  6-18-85 1 4-1004(a) 1985-595  6-18-85 1—4 9-1011—9-1014 7 Rpld 9-1011—9-1021 1985-596-TC-241  6-18-85 1 10-2002 2 10-2026(k) 3 10-2072(b) 5 10-3071(b)(2)b, c 1985-598  6-18-85 1 12-1001(b)(3) 1985-600-TC-242  7- 2-85 1 10-2002 2 10-2011 3 10-2012(f), (g) 4 10-2030.1 10-2064(a)(9) 10-2072(f), 10-2073(c)(16), (18), (21), (24) 5 10-2064(chart) 6 10-2073(c) 7, 8 10-2092(a), (b) 9 10-2112 10 Rnbd 10-2113(b)—(n) as (c)—(o) Added 10-2113(b) 11 10-2113(d) 12 10-2113(i) 13—15 10-2113(k) 16 10-2115.1 1985-603-TC-243  7- 2-85 1 10-5009 2 10-6035(f) 1985-613  7-16-85 1 6-2002(b)(4) 2 6-2022 3 Rnbd 6-2023 as 6-2024 4 6-2023 5 7-2002 1985-614  7-16-85 1 10-6081(b) 1985-621-TC-244  8- 6-85 1 10-3012(d) 2 10-3071(b)(8)c 3-6 10-3071(b)(9)a—d 7 10-3072(c) 8 10-3073(b)(4) 1985-622-TC-245  8- 6-85 1 10-2011(15) 2 10-2050 2 Rnbd 10-2065.2(d)(6) as (7) Added 10-2065.2(d)(6) 3 10-2073(c)(12), (13) 4 10-2073(c)(18), (21) 5 10-2079(a) 6, 7 10-2080(a) 1985-623-TC-246  8- 6-85 1 10-2033(f), 10-2034(2) 2 10-2040(2) 1985-628  9- 3-85 1 8-2092 1985-634-TC-247  9- 3-85 1 10-4010(c) 1985-639A  9-17-85 1 7-2001(a)(3) 2, 3 7-2001(b)(1), (2) 4 7-2001(e)(2) 5 7-2001(i) 7—9 12-1022(a) 1985-645 10- 1-85 1—3 12-1001(a)(2)a—c 1985-656-TC-248 11- 5-85 1 10-2022(3) 2 10-2027(2), 10-2033.1(b), 10-2035(b), 10-2038(b), 10-2042.1(b) 3 10-2044.1(b) 4 10-2045.1(5)c 5 10-6032(f) 6 10-6032(f)(5) 1985-658-TC-249 11- 5-85 1 10-2113(e) 1985-659-TC-250 11- 5-85 1 10-3019 1985-660-TC-251 11- 5-85 1 10-2072(b), 10-3071(b) 1985-661-TC-252 11- 5-85 1 5-2038 2 10-5006(6)a 3, 4 10-6003(b), (c) 5—7 10-6004—10-6006 8—14 10-6009(b)(1)—(7) 15 10-6022(a) 16, 17 10-6024(e) 18 10-6039(c) 19 Rnbd 10-6039(d)—(k) as (e)—(l) added (d) 20 10-6039(m) 21 10-6053(a) 22 10-6055 23 10-6075(c) 24, 25 10-6075(g), (h) 26 10-6081(d)(1) 27 10-6081(e) 28 10-6095(d) 29, 30 10-6095(g), (h) 31 10-6101(b) 32 10-6104 33, 34 10-6104(3), (4) 35 10-6125(c) 1985-662-TC-253 11- 5-85 1 10-2023(1)o 2 10-2033(h) 4 10-2092 5 10-2094(b) 6 10-2094(d) 7, 8 10-2094(d)(1) 9 10-2094(d)(9) 1985-664 11- 5-85 1 13-3011 1985-675-TC-254 11-19-85 1 10-2043(1)a 2 10-2045.1(1)j 3 10-2045.1(3)c 4 10-2063(a)(table) 5 10-2072(g) 6 10-2072(g)(1) 7 10-2072(g)(5) 1985-677 11-19-85 1 2-2016(c) 1985-678-TC-255 11-21-85 1 10-2063(a) 2 10-2063(c) 3 10-3016 4 10-3018 1985-679-TC-256 12- 3-85 1 10-2011 2, 3 10-2032.1, 10-2032.2 4 10-2063(a)(table) 5 10-2064(a)(1) 1985-681 12- 3-85 1 8-2092(note 1) 1985-684-TC-257 12- 3-85 1 10-2073(d)(1) 2 Rnbd 10-2073(d)(1)o as p Added 10-2073(d)(1)o 3 10-2073(d)(2) 4 10-2073(e) 1985-685-TC-258 12- 3-85 1 10-2061(k)(2) 1985-699-TC-259 12-17-85 1 10-2045(3) 2 10-2002 3 10-2022(3)d, 10-2033.1(a)(4), 10-2035(a)(4), 10-2038(a)(4), 10-2042.1(a)(4), 10-2043(3)a.2, 10-2044.1(a)(4), 10-2045.1(5)a.2 4 10-2064(a)(3) 1985-700-TC-260 12-17-85 1, 2 10-5003 3 10-5006(4) 4 10-5006(8)f 5 10-5009, 10-6032(f)(2) 6 10-6032(f)(1) 7—9 10-6033(g) 10 10-6034(b)(8) 1986-717-TC-261  1-21-86 1 10-2002 1986-723-TC-262  2- 4-86 1 10-2042(1)b 2 10-2042.1(c)(6) 3 10-2043(3)(a), (b) 4 10-2043(3)(c) 5 10-2045(3)(c)7 6 10-2061(a) 7 10-2061(a)(3)r 1986-724-TC-263  2- 4-86 1 10-2033(h) 2 Rpld 10-2045.2(2)d.4 Rnbd 10-2045.2(2)d.5, 6 as 4, 5 1986-725-TC-264  2- 4-86 1—4 10-2113(c) 5 10-2113(f) 6 10-2113(l) 7 Rpld 10-2113(o) 1986-734  2-18-86 1, 2 11-2132(a)(1), (2) 3 11-2132(a)(7) 1986-735  2-18-86 2 7-1002(1) 3 7-2008 4 12-1037.1 1986-736  2-18-86 1 1-1051(note) 2 1-1051(h) 1986-740  3- 4-86 1 2-4003 2 2-4004 1986-746  3-18-86 1 8-2002 2 8-2005 3 8-2013 1986-754  4- 1-86 1 8-2092(a) 1986-758-TC-265  4- 1-86 1 10-1011(b) 1986-760  4- 1-86 1 13-3011(b) 1986-761  4- 1-86 1 1-4002(g) 2 1-4003(a) 1986-774  4-15-86 1 Rpld 11-2024 2 11-2025(a) 3 Rpld 11-2025(g) Rnbd 11-2025(h) as (g) 4 11-2170 5 11-2200 1986-775  4-15-86 1 8-2078 2 Rnbd 8-2112 as 8-2013 3 Rpld 8-2013 4 8-2014 5 8-2005 1986-778  5- 6-86 1 8-2061 1986-783-TC-266  5- 6-86 1 10-3003 2 10-3014(b)(2) 3, 4 10-3016 5 10-3025 1986-799-TC-267  6- 3-86 1 10-2068—10-2068.9 2 10-2064(a)(1), (5), (6) 3 10-2064(a)(8) 4—6 10-2002 7 10-2022(1)(j) 8, 9 10-2023(1)0.5 10 10-2023(1)0.6 11 10-2026(j)(1)b 12 10-2026(j)(2) 13 10-2030.1(2)(a) 14 10-2032.2(a)(4) 15 10-2022(3)d, 10-2033.1(a)(4), 10-2035(a)(4), 10-2038(a)(4), 10-2042.1(a)(4), 10-2043(3)a.2, 10-2044.1(a)(4), 10-2045.1(5)a.2 16 10-2033(g)(2) 17 10-2037(2) 18 10-2043(1)h.6 19 10-2045.1(1)h, i 20 Rpld 10-2045.1(1)j.2—6 Rnbd 10-2045.1(1)j.7 as 2 21 Rpld 10-2045.1(3)d.1 Rnbd 10-2045.1(3)d.2—4 as 1—3 22 10-2045.1(5)a.3 24 10-2045.1(5)a.10 25 Rnbd 10-2045.2(1)b, c as c, d 26 Rpld 10-2045.2(4)c Rnbd 10-2045.2(4)d, e as c, d 27 Rpld 10-2045.2(2) Rnbd 10-2045.2(3), (4) as (2), (3) 28 10-2046(b)(1)a 29 10-2046(b)(1)c 30—33 10-2061(b)—(e) 34 10-2063(a)(table) 35 10-2071(1) 36 10-2072(f)(7) 37 10-2073(c)(20)f, g 38 10-2073(c)(27)d 39 10-2074(b)(1) 40 10-2074(b)(5)b 41 10-2075(b)(4) 42 10-2075(d)(3)c 43 10-2075(e) 44 10-2077 45 10-2080(a), (b) 46 10-2092(b)(3) 47 10-3049(e), 10-3052(b)(3), 10-3054(c), 10-3055(c), 10-7001(g)(1) 48 10-3058(d) 49 10-7001(c)3, (e)5 50 Rpld 12-2120(c) Rnbd 12-2120(d)—(g) as (c)—(f) 1986-810-TC-268  6-17-86 1 10-2024(l)(1) 2 10-2024(l)(4) 3, 4 10-2002 5 10-2033(i) 6 10-2036 7 10-2042(1)c 8 10-2002 9 10-2025(f) 10 10-2026(l) 11 10-2028(h) 12 10-2029 13 10-2044(1)b 14 10-2044(1)b.6, 7 Rnbd 10-2044(1)b.6 as 8 15 10-2044.1(b) 16 10-2061(a)(1)f 17 10-2073(c)(21)c 1986-812  6-17-86 1 7-3007 1986-821  7- 1-86 1 Rpld 5-2004(b), (c) 2 5-2004 1986-825A  7-15-86 1 2-2080—2-2087 1986-825B  8- 5-86 1 2-2090—2-2095 1986-830  8- 5-86 1 10-6081(d)(1) 1986-835-TC-269  8- 5-86 1 10-6039(d)—(m) 2 10-6079 3 10-6096 4 10-6106 1986-836-TC-270  8- 5-86 1 10-2061(a)(3)i 1986-837-TC-271  8- 5-86 1, 2 10-2046(b)(1) 3 12-7002(4)—(6) 4 Rnbd 12-7002(7) as (9) 5 Added 12-7002(7), (8) 1986-840  8- 5-86 1 10-6081(b) 1986-846-TC-272  9- 2-86 1 10-3024 1986-847-TC-273  9- 2-86 1 10-2002 2 10-2011 3 10-2051 4 10-2052 5 10-2045.1(3)d 6 10-2045.2(3)a 7 10-3058 1986-855  9-16-86 1 6-2021(4) 2 6-2022 1986-856-TC-274  9-16-86 1 10-2011 2 Rnbd 10-2011(12)—(21) as (13)—(22) Added 10-2011(12) 3 10-2053 4 10-2061(k) 5 10-2064(a) 6 10-2065.3 7 10-7001(f)(2) 8 10-7001(d)1.e 9 12-1025 1986-858-TC-275  9-16-86 1 10-3051(a)(2) 2, 3 10-3051(a)(3) 1986-860 10- 7-86 1 8-2092 1986-866 10- 7-86 1 13-2016(a) 5 13-2016(a)(note) 1986-867-TC-276 10- 7-86 1 10-2034(2) 3 10-2042(1)b 4 10-2061(a)(2)e 5 10-2072(h) 1986-870 10- 7-86 1 13-3005(a) 1986-880-TC-277 10-22-86 1 10-2072(a) 2 10-2072(a)(1) 3 10-2072(a)(1)c 4 10-2072(a)(3) 5 10-2075.1(c)(1) 6, 7 10-3043(b) 8 10-2025(b), 10-2026(b) 9 10-2028(d) 10 10-2063 11 10-2072(b)(2)d 1986-884-TC-278 11- 4-86 1 10-2033(f) 2 10-2033(j) 3 Rnbd 10-2040(3) as (4) Added 10-2040(3) 4 Rnbd 10-2040(2)d—h as e—i Added 10-2040(2)d 1986-892 11-18-86 1 8-2063(b) 1987-912  2- 3-87 1 11-2183 1987-913  2- 3-87 1 10-6101(b) 1987-915  2- 3-87 1 Rpld 12-2155—12-2161 1987-927-TC-279  2-17-87 1 10-3057(d)(1), (3) 2 10-3057(d)(2)a 3 10-4002(2) 4 10-4005(b) 5 10-4005(a) 1987-928-TC-280  2-17-87 10-4003(note) 1987-929-TC-281  2-17-87 1 10-2113(e) 1987-932-TC-282  2-17-87 1 10-4002(7) 2 10-4002(10) 3 Rnbd 10-4002(9) as (11), (10), (11) as (14), (15) Added 10-4002(9), (10), (12), (13) 4, 5 10-4004 6 10-4007 7 10-4008(2)b 8 10-6032(e) 9, 10 10-6037(a) 11 10-6037(c) 12 10-2071(5) 13 10-6172 1987-935  3-17-87 1, 2 10-6081(b) 1986-942-TC-283  3-17-87 1 10-2002 2 10-2033(b) 3 10-2033(d) 4 10-2033.1(b), 10-2035(b) 5 10-2037(4) 6 10-2072(i) 1987-943-TC-284  3-17-87 1 10-3049(g)(1) 1987-944-TC-285  3-17-87 1 10-2113(b) 2, 3 10-2113(c) 1987-946-TC-286  4- 7-87 1—8 10-2002 9 10-2022(1)k 10 10-2023(1)l 11 10-2023(2)b 12 10-2027(3)j 13 10-2039 14 10-2039(5) 15 10-2039(9) 16 Rnbd 10-2039(12) as (13) Added 10-2039(12) 18 10-2041(5) 19 10-2042(4), 10-2043(4) 20 10-2043(1)g 21 10-2043(4)b 22 10-2044(1)c 23 10-2065.1(1) 24 10-2065.1(2)a 25 10-2065.1(4) 26 10-2065.2(a) 27—29 10-2065.2(b)(1) 30 10-2065.2(c) 31 10-2065.2(d)(1) 32 10-2065.2(e) 33 10-2065.2(f)(6) 34 10-2065.2(g)(2) 35 10-2065.2(h) 37 10-2002, 10-2965.2(i)(4) 38, 39 10-2065.2(j)(2)a, b 40 10-2065.2(m) 41 10-2065.3 42 10-2065.6(a) 44 Rnbd 10-2065.6(b), (c) as (c), (d) 45 Added 10-2065.6(b) 46 Rpld 10-2065.7 47 10-2073(c)(12)h, (16)d, (20)d, (22)c, (23)h 48 10-2073(c)(28) 49 10-2074(b)(1) 50 10-2080(a)(7) 51 10-6033(7)c 52 12-1001(a)(1) 1987-950-TC-287  4- 7-87 1 10-5002(1) 2—7 10-5003 8 10-5004(a)(3) 9 10-5006(title) 10 10-5006(1st para.) 11 10-5006(2), (3) 12 10-5006(4)a 13, 14 10-5006(5) 15 10-5006(6)b 16, 17 10-5006(7), (8) 18 10-5006(8)a 19 10-5006(8)a.3 20 10-5006(8)b.1 21, 22 10-5006(9), (10) 23 Rpld 10-5006(11) Rnbd 10-5006(12) as (11) 10-2067(c), 10-3052(b)(7), 10-3059(b), 10-5006(1) 24 10-5007(a) 25, 26 10-5008(a), (b) 27, 28 10-5009 29 10-5010(c) 30, 31 10-5011, 10-5012 32—34 10-5013(a)(1) 36 10-6022(f) 37 10-6023(4) 38 10-6032(f)(1)b 39 10-6032(f)(1)d 40 10-6032(f)(1) 41, 42 10-6033(8) 43 10-6032(f)(2), 10-6033(8) 44, 45 10-6033(8) 46—48 10-6034(b)(8) 49 10-6034(b)(9) 50 14-1002(12) 1987-951  4- 7-87 1 13-3011(a) 1987-952-TC-288  4-21-87 1 10-2002 2 10-2024(l) 3 10-2002 4 10-2036 5 10-2068.8(c)(3)g 1987-954  4- 7-87 1 11-2206 1987-955  4-21-87 1 8-2092(a) 1987-975-TC-289  4-21-87 1 10-2032.1(2)b 1987-976-TC-290  4-21-87 1 10-2045.1(3)e 1987-983  5-19-87 1 7-3001(1) 2, 3 7-3001(5), (6) 4, 5 7-3007(b), (c) 6 7-3007(e) 7 7-3007(k)(1) 8 7-3007(k)(2)h 1987-989-TC-291  5-19-87 1 Rnbd 10-1034(a)(5) as (6) Added 10-1034(a)(5) 2 10-1034(b) 3 10-2049(h)(3) 4 Rnbd 10-2049(d)—(k) as (e)—(l) Added 10-2049(d) 1987-4-TC-292  6-16-87 1 10-3071(b)(6) 2 10-3073(b)(2) 1987-5-TC-293  6-16-87 1 10-2024(e)(4) 2 10-2061(b) 3 10-6032(g) 1987-6  6-16-87 1 13-2016(a) 1987-576A  6-18-87 1, 2 1-1024(a), (b) 3 Rpld 1-1024(c) 1987-20  7-21-87 1 8-2141—8-2156 1987-21  7-21-87 1 2-2041 2, 3 2-2042(a), (b) 4 Rpld 2-2042(c)—(i) 5 2-2043, 2-2044 6, 7 2-2045(1), (2) 9 Rpld 2-2047, 2-2048 1987-22  7-21-87 1 12-2120(d) 1987-25  8- 4-87 1 7-2002 2 5-2035(a) 1987-33  8- 4-87 1 6-2014 1987-29-TC-294  8- 4-87 1 10-2092 2 10-2073(c) 3 Rpld 10-2022(3) 4 10-2024(k) 5 Rpld 10-2027(2) Rnbd 10-2027(3)—(5) as (2)—(4) 6 Rpld 10-2027(6) Added 10-2027(5) 7 Rpld 10-2032.2 10-2033.1 10-2035 10-2038 10-2042.1 8 Rpld 10-2043(3) Rnbd 10-2043(4) as 10-2043(3) 9 Rpld 10-2044.1 10 Rpld 10-2045(3) 10-2045.1(5) 10-2051(8) 10-2052(6) 10-2053(e) 11 10-6032(f)(5) 1987-30-TC-295  8- 4-87 1 10-8001—10-8006 1987-31-TC-296  8- 4-87 1 Pt. 10, Ch. 3(title) 2 10-3001(a) 3—5 10-3003 6 10-3004 7, 8 10-3011(a) 9 10-3012(a) 10 10-3012(a)(2) 11 10-3012(b) 12—14 10-3012(c) 15 10-3012(d)—(f) 16 10-3012(g) 17 10-3013(b)(2), (5), (7) 10-3015(5) 18 10-3016 19 Pt. 10, Ch. 3, Art. C (title) 20 10-3018 21 10-3019 22 10-3020 23 10-3021 24 10-3022(a) 25, 26 8-2075(b) 10-3022(b), (c) 27 8-2075(b) 10-3022 (b), (c), (f) 28 Rpld 10-3022(b)(1) Rnbd 10-3022(b) (2)—(4) as (1)-(3) 29 8-2077(d) 10-3022(g) 30 Rnbd 10-3022(g) as 10-3022(i) 31 10-3022(g), (h) 32 10-3041(a), (b) 33 10-3041(a) 34 10-3041(c) 35 10-3043(a) 36 10-3044 (catchline) 37 10-3044(a) 38 10-3046(a) (1), (2) 39 Rnbd 10-3046(a) (3)—(8) as (4)—(9) 40 10-3046(a)(3) 41 10-3047(a) (1), (2) 42 Rnbd 10-3047(a) (3)—(5) as (4)—(9) 43 10-3047(a)(3) 44—47 10-3049(a) 48 Rnbd 10-3049(b) (3)—(5) as (4)—(6) 10-3049(b)(3) 49 10-3049(c) 50 10-3049(e) 51 10-3049(i) 52 10-3049(j), (k) 53 10-3050(a) 54 10-3050(d) 10-3052(b) 1987-31-TC-296  8- 4-87 55 10-3050(e) 56 10-3051(a) 57 10-3052(b)(1) 58 10-3052(b)(4) 59 10-3054 10-3055 60 10-3057 61 Rnbd 10-3058(a)—(d) as 10-3058(a) (1)—(4) 62 10-3058(a)(1) 63 10-3058(b), (c) 64 10-3060 10-3061 10-3062 65 10-3072(c)(3) 66 10-2002 67 10-2022(2)f 68 10-2022(2)g 69 10-2026(f)(1)d 70 10-2043(1)(h) 71 10-2061(a)(2)g 72 10-2061(a)(3)m 73 10-2061(a)(2)b 10-2061(a)(3)p 74 10-2061(a)(3)p 75 10-2063(c) 10-2063(c) (1), (2) 76 10-2063(c)(3) 77 10-2063(c)(4) 10-2063(c)(4)(a) 78 10-2063(c) (5), (6) 10-2063(c)(7) 79 10-2063(d) 80 10-2072(c) 81 10-2073(d)(2) 83 10-7001(g)4 1987-33  8- 4-87 1 6-2014 1987-36  9- 1-87 1 12-1022(a) 1987-42-TC-297  9- 1-87 1 10-6024(a)(1) 1987-43  9- 1-87 1 9-5006(c) 1987-54A  9-15-87 1 6-2021(1)e 6-2021(3)a 2 6-2021(1)e, 6-2021(3)a 4 6-2021(note) 1987-60-TC-298 10- 6-87 1 10-6121(24) 2 10-2002 3 10-2061(a)(2)e 1987-61-TC-299 10- 6-87 1 10-3043(b) 1987-69 10-20-87 1 6-2002(b)(4) 2 6-2021(1)c 3 6-2012(2)a 4 Rpld 6-2013(2) Rnbd 6-2013(3)—(7) as (2)—(6) 5 6-2015(b) 6 Rnbd 6-2024 as 6-2025 Added 6-2024 1987-70-TC-300 10-20-87 1, 2 10-2002 3 10-2045.1(1)k 4 10-2092(b)(1)c 5 10-2092(b)(1)d 6 10-2092(b)(3)c 7 10-2092(b)(4) 8 10-2092(b)(4)c (catchline) 9 10-2092(b)(4)c 10 10-2092(b)(4)c. 1, 3, 6 10-2092(b)(4)d. 2, 10 11 10-2092(b)(4)c. 5(iii) 12 10-2092(b)(4)c. 5(x) 13 10-2092(b)(4)d 1987-75-TC-301 11- 4-87 1 10-2002 2 10-2061(a)(1)g 3 10-2061(a)(2)g 4 10-2061(k)(1) 5 10-2061(k)(5) 1987-76-TC-302 11- 4-87 1 10-2072(a)(1)a 2, 3 10-2075(e) 4, 5 10-2075.1(e) 6 10-3071(b)(6)a 7 10-3071(b)(9)b 10-3072(c)(2) 10-3073(b)(4)b 1987-79 11-19-87 1 Rpld 2-2032 2 Rnbd 12-2122 as 12-2123 Added 12-2122 3 Rpld 12-2120(f) 1987-92 12- 1-87 1 1-1036 1987-96 12- 1-87 1 12-1006 1988-98  1- 5-88 1 12-1052(a) 1988-102-TC-303  1- 5-88 1 10-6039(c) 2 10-6039(d)—(m) 3 10-6079(a) 4 10-6096(a) 5 10-6106(a) 1988-103  1- 5-88 1 11-2121 1988-105-TC-304  1- 5-88 1 10-2022(1)f, i 2 10-2023(1)c.4 3 10-2023(1)e 4 10-2023(1)h, n 5 10-2024(f), (l)— (o), (q) 6 10-2033(g)(2), (3) 7 10-2067(b) 8 10-2067(d) 9 10-2073(c)(12), (13) 10 10-2073(c)(14), (15), (21) 1988-106  1- 5-88 1 4-1004(a) 1988-110  1- 5-88 1 4-3003 1988-113  1-19-88 1 12-4008 1988-117A  1-19-88 1 10-4003(note) 1988-121  2- 2-88 1 Rpld 12-2120(d) Rltd 12-2120(e) as 12-2120(d) 1988-128  2-16-88 1 7-2008 1988-133-TC-305  3- 1-88 1 10-2002, 10-3003, 10-5003 2, 3 10-2067(a), (b) 4 10-2067(c), 10-3059(b), 10-5006(11)a 5 10-2067(c), 10-3059(b) 6 Rpld 10-2067(d) 7 Rnbd 10-2067 as 10-2054 8 10-2073(c)(27)h, 10-2072(j) 9 10-2072(g) Rnbd 10-2072(g)(5) as (6) Added 10-2072(g)(5) 10 Rpld 10-2092(b)(2)i.11 11 10-3050(d)(1) 12 10-3052(c) 13 10-3059(a) 15 10-3071(b) 16 10-5006(11)a 17 10-5006(11)c 18 10-5006(11)c.ii 19, 20 10-5006(11)d, e 1988-141  4- 5-88 1 9-9002 1988-145  4-19-88 1 8-2092(a) 1988-146  4-19-88 1—3 7-3007(c)—(e) 1988-150-TC-306  4-19-88 1 10-2051(b) 2, 3 10-2051(d)(4)a.1, 2 4 Rpld 10-2051(d)(3) Rnbd 10-2051(d)(4)—(7) as (3)—(6) 5, 6 10-2052(d)(2)a.1, 2 7 Rpld 10-2052(d)(1) Rnbd 10-2052(d)(2)—(5) as (1)—(4) 1988-151-TC-307  4-19-88 1 10-2043(b) 1988-152  4-19-88 1 13-3012 1988-166-TC-308  5- 3-88 1 10-2032.1(1)g 2, 3 10-2061(k)(1) 4 10-2061(a)(1)h 1988-167  5- 3-88 1 Rpld 9-6015 2 13-3005 3 13-3004 1988-168  5- 3-88 1 Rpld 12-2117 1988-169  5- 3-88 1 4-3001, 4-3003—4-3005 1988-173  5-17-88 1 11-3004 2 11-3008(6)—(8) 1988-175-TC-309  5-17-88 1 10-2002 2 10-2033(d) 1988-176-TC-310  5-17-88 1 10-6125(d), (e) 1988-177-TC-311  5-17-88 1, 2 10-2063(c)(2), (3) 3 10-2063(c)(5), (d)(5) 1988-182  6- 7-88 1 11-2132(a)(11) 2 Rltd 11-2132(f) as (g) Added 11-2132(f) 1988-192-TC-312  6-21-88 1 10-2077 2, 3 10-2079(a), (b) 5 10-2080(c) 7 10-2081(d) 8 10-6032(a) 9 10-6032(h) 10, 11 10-6039(d) 12 10-6039(f) 1988-195-TC-313  6-21-88 1 Rpld 10-6009 1988-196-TC-314  6-21-88 1 10-2068.3 1988-197-TC-315  6-21-88 1 10-2033(b) 2 10-2036(1) 3 10-2041(6) 4 10-2043(2)h 1988-198  6-21-88 1 Rnbd 11-5009— 11-5011 as 11-5010— 11-5012 2 11-5009 1988-201  6-29-88 1 2-2028(d) 1988-205  7- 5-88 1 8-2111(28) 2 8-2113(a)(1), (2) 3, 4 8-2113(b), (c) 5 8-2113(e) 6 8-2114(a) 7 8-2114(c) 8 8-2114(e) 1988-210-TC-316  7- 5-88 1 10-6122(5) 1988-211-TC-317  7- 5-88 1 10-2027(2)(f) 2 10-2027(4) 3 10-3071(b)(6)d 4 10-6121(c)(3) 1988-212  7- 5-88 1 12-3064(b) 1988-214  7-19-88 1 10-6082(b) 1988-220  7-19-88 1 12-2030(a) 2 12-2052(a) 3, 4 12-2053(a), (b) 5 12-2055 7 12-2082(b)(5) 1988-211-TC-318  7-19-88 1 Rnbd 10-2072(b)(3) as (4) 2 10-2072(b)(3) 1988-231  8- 2-88 1 7-3001(5) 2—4 7-3007(c)—(e) 5 Rpld 7-3007(k)(2)h 1988-232  8-31-88 1 12-4007 1988-237-TC-320  9- 6-88 1 10-3003 2 10-3041(i) 3 10-3049(1) 4 10-3057(d) 1988-238-TC-321  9- 6-88 1 10-3050(d)(2) 2, 3 10-5006(6)a, b 4, 5 10-5006(8)a.1, 2 6 10-5006(8)c 7 10-5006(11)c.i 8 10-6034(b)(8) 1988-239-TC-322  9- 6-88 1 10-2094(d)(1) 1988-240  9- 6-88 1 Rpld 2-2071—2-2075 2 2-2071—2-2074 1988-246-TC-323  9-20-88 1, 2 10-2002 2 10-2065.2(h)(1) 1988-257 10-18-88 1 9-7022 1988-263-TC-325 10-18-88 1 Rpld 10-6101(c) 1988-270 11-15-88 1 9-2025 2 13-3013 3 12-4001 1988-271 11-15-88 1 Rpld 11-2006 1988-278-TC-326 11-15-88 1 10-2002 2 10-2022(1)g 3 10-2023(1)g 4 10-2036(1) 5 Rpld 10-2045.1(1)c 6 10-2045.1(1)f 7 10-2046(b)(3) 8 10-2068.8(c)(1)e 9 10-2092(a)(1)d 10 10-2092(b)(1)a 1988-281 12-13-88 1 9-2001(6) 1988-291-TC-327 12-13-88 1 10-2002 2 10-2011 3 10-2024.1 4 10-2025(a) 5 10-2025.1 6 10-2026(a) 7 10-2063 8 10-2072(b), 10-3071(b) 9 10-2072(b)(4) 10 10-2002, 10-3003 11 10-3071(b)(2)c, (8)c 12 10-4003(a) 13 8-2092(a) 14 12-5003(a) 1988-292-TC-328  1- 3-89 1 10-2002 2 10-2011 3 10-2055 4 10-2079(a) 5 10-2113(c) 6 10-2113(e) 7 10-3006 8, 9 10-3043(b) 1988-293 12-13-88 1 Rpld 6-2031(c), (d) 1989-293A 12- 3-88 1 6-2021(2)e 1989-304  2- 7-89 1 12-1053(3) 1989-309-TC-330  2- 7-89 1 10-2002 2 10-2050(c)(5), (6) 3 10-2050(e) 1989-310-TC-331  2- 7-89 1 10-2033(a), 10-2034(1), 10-2043(1)a, 10-2045.1(3)c 2, 3 10-2072(a) 4 10-2063 1989-316-TC-332  2-21-89 1 10-2061(b) 1989-317-TC-333  2-21-89 1 10-6039(c) 2 10-6039(d)—(n) 3 10-6039(a) 4 10-6096(a) 5 10-6106(a) 1989-318-TC-334  2-21-89 1 10-2002 2 10-2092(b)(2)j.8 3 10-3003 4 10-3049(d) 5 10-3056(a), (b) 1989-319-TC-335  2-21-89 1 10-2002 2 10-2026(j)(3) 3 10-2072(k) 4 10-2075(a), 10-2075.1(a) 1989-320-TC-336  2-21-89 1 10-2072(b)(3) 1989-346-TC-337  4-18-89 1 Rpld 10-2049(k), (l) 2 10-2094(d)(1) 3 Rpld 10-2114 Rnbd 10-2115.1 as 10-2114 4 Rpld 10-2115(b) 5 10-2116 1989-350  4-18-89 1 9-2014 1989-351  4-18-89 1 7-3005(5) 1989-375  6- 6-89 1 8-2092(a) 1989-382-TC-338  6- 6-89 1 10-6037(b)(4) 2 10-6037(b)(3) 1989-383  6- 6-89 1 Rpld 12-2071—12-2076 3—6 12-2071—12-2074 7 12-2034(a) 8 12-2022(15) 1989-387-TC-339  6-20-89 1 Added 10-1031 Rnbd 10-1031—10-1042 as 10-1032—10-1043 2 10-1032(c) 3 10-1034(c)(3) 4 10-1035(a)(1) 5 10-1035(a)(3) 6 10-2049 7 10-2116(a) 1989-389  6-20-89 1 12-4009 1989-390-TC-340  6-20-89 1 10-2011 2 10-2056 4 10-2092(b)(1)a 5 10-2092(b)(1)c 6 10-2092(b)(2)l.8 7 10-3005(a)(7), (b)(7) 8 10-3013(b)(16) 9 10-3049(g)(7) 10 10-6035(f) 11 13-3003(a) 1989-392A  6-26-89 1 2-3001(a) 1989-398-TC-341  7- 5-89 1 10-2021 2, 3 10-2063(a), (b) 4 Rltd 10-2063(c), (d) as (d), (e) 5 10-2063(c) 6 10-2072(b) 7 10-3071(b)(1) 8 10-3071(b)(8)c 1989-399-TC-342  7- 5-89 1 10-3043(b) 1989-400  7- 5-89 1 12-4002 1989-415-TC-343  8- 1-89 1 10-2002 2 10-2026(g) 3 10-2028(c) 4 10-2033(c) 5 10-2061(k)(1) 6 Added 10-2072(l) 7 10-2023(1)m, 10-2073(c)(27) 8 10-2092(a)(2) 9 10-2092(b)(1)a 10 Added 10-2092(b)(1)e 11 10-2092(b)(1) 1989-417  9- 5-89 1 8-2036(b) 1989-418  9- 5-89 1 8-2092(a) 1989-424  9- 5-89 1—3 Added 11-2207(b)(6)—(8) 1989-425  9- 5-89 1 12-4003, 12-4004 1989-427  9- 5-89 1 11-2205 1989-433  9-19-89 1 2-2093 1989-438-TC-344 10- 3-89 1 10-2053(b) 1989-440-TC-345 10- 3-89 1 10-2027(2)(e) 2 Rpld 10-2027(2)(g), (h) Rltd 10-2027(2)(i)—(l) as 10-2027(2)(g)—(j) 3 10-2063 4 10-2063(d)(4)b. 5 10-2063(c) Rltd 10-2063(e) as 10-2063(f) 6 Added 10-2063(e) 7 10-2072(b), 10-3071(b) 8 10-2072(b)(2) 9 10-2072(b)(2)a 10 10-2075(b)(2)—(4) 11 10-2075(d)(3)b, c 12 10-2075.1(b)—(d) 13—15 10-3003 16 Added 10-3012(e) Rltd 10-3012(e)—(g) as 10-3012(f)—(h) 17 10-3041(a) 18 10-3041(e) 19 Added 10-3041(j)—(l) 20 10-3046(a)(7) 21 10-3047(b) 22 10-3048(a) 23 10-3048 24 Added 10-3051(c) 25 10-2072(b)(2), 10-3071(b)(2)b 26, 27 10-3071(b)(2)c, d 28 10-3071(b)(3), (4) 29 10-3072(b)(5) 30 10-3071(b)(7) 31 10-3071(b)(8)d 32 10-3073(b) 33 Rpld 10-3074 Added 10-3074 34 10-2002 35 10-7001(e)3 36 10-7001(e)6 37 10-7001(i) 1989-441 10- 3-89 1, 2 12-1024, 12-1025 1989-442 10-19-89 1 9-7003 2 Added 9-7008 1989-447 11- 7-89 1 Added 8-2119(g) 1989-452-TC-346 11- 7-89 1 10-5006(6)b. 1989-456 11- 7-89 1 11-2025(f) 1989-461 11-21-89 1 Added 13-2029 1989-462 11-21-89 1 Added 1-4002(h) 1989-465-TC-347 12- 5-89 1 10-6039(f)(1) 1989-467 12- 5-89 1 Added 11-2184 1990-468  1- 2-90 1—3 1-1024(a)—(c) 1990-469  1- 2-90 1 1-3002 1990-474-TC-348  1- 2-90 1 Rpld 10-2045.2(2)e 2 10-2092(a)(1)a, e, f 3—5 10-2092(a)(1)b—d 6 Added 10-2092(a)(1)e Rltd 10-2092(a)(1)e, f as 10-2092(a)(1)f, g 7 Added 10-2092(a)(1)f Rltd 10-2092(a)(1)f, g as 10-2092(a)(1)g, h 8 10-2092(b)(1)a—d 9 Added 10-2092(b)(1)f 10 Added 10-2092(b)(2)n6 Rnbd 10-2092(b)(2)n7 as 10-2092(b)(2)n7 11 10-2092(b)(3)a 12 10-2092(b)(3)b1—9 13 Rltd 10-2092(b)(4)a9a—i as 10-2092(b)(4)a9(i)—(ix) Amnd 10-2092(b)(4)a9(vii) 14 10-2092(b)(4)c 15 10-2092(b)(4)d.12, 13 16 10-3003 17 10-3061 18 Rnbd 10-7001(a)1—3, (b)1—3, (c)1—11, (d)1, (e)1—6, (f)1—3, (g)1—4, (h)1, 2, (i)1—5 as 10-7001(a)(1)—(3), (b)(1)—(3), (c)(1)—(11), (d)(1), (e)(1)—(6), (f)(1)—(3), (g)(1), (h)(1), (2), (i)(1)—(5) 19 10-7001(g)(i) 20 Added 10-7002(b) Rltd 10-7002(b)—(e) as 10-7002(c)—(f) 21—24 10-8003(a) 25 Added 10-8004(c) Rltd 10-8004(c)—(f) as 10-8004(d)—(g) 26 10-8005(b)(3) 1990-475  1- 2-90 1 9-9002 1990-477  1- 2-90 1, 2 11-2025(f) 1990-495A  2-20-90 1 Added 6-3001 1990-499-TC-349  3- 7-90 1 10-2002 2—4 10-2068.2(a) 5 10-2068.2(a)(2) 6 10-2068.2(a)(1) Rnbd 10-2068.2(a)(1) as 10-2068.2(a)(3) Rnbd 10-2068.2(a)(2), (3) as 10-2068.2(a)(1), (2) 7 10-2068.3 8 10-2068.4(b) 9—11 10-2068.4(b)(1)—(3) 12 10-2068.4(f) 13 10-2068.5(a) 14 10-2068.5(b)(1) 15 10-2068.5(b)(2)c. 16 10-2068.2(a)(3), 10-2068.5(b)(2)b., d., e., (c), 10-2068.7(a)(2)b., d., e., 10-2068.8(b)(2), (e)(2) 17, 18 10-2068.5(c)(3) 19 10-2068.5(c)(4), 10-2068.6(c)(4), 10-2068.9(b)(4)d. 20 10-2068.5(c)(5) 21 10-2068.7(a)(1) 22 10-2068.7(a)(2)c. 23 Added 10-2068.7(b) 24, 25 10-2068.8(a) 26 10-2068.8(b)(1) 27 10-2068.8(a) 28, 29 10-2068.8(b) 30, 31 10-2068.8(c) 32 Rltd 10-2068.8(c)(1)l., m. as 10-2068.8(c)(1)m., n. Added 10-2068.8(c)(1)l. 33 10-2068.8(c)(2)a. 34 10-2068.8(c)(3)a. Rltd 10-2068.8(c)(3)h. as 10-2068.8(c)(3)i. Added 10-2068.8(c)(3)h. 35 10-2068.8(d) 36 10-2068.8(e)(1) 37, 38 10-2068.8(e)(2) 39—41 10-2068.8(e)(3)—(5) 42 10-2068.9(b)(1) 43 10-2068.9(b)(4)e. 44 10-2068.9(b)(5) 45, 46 10-2068.9(c) 47 10-2056(c)(3) 48, 49 10-2002 50 10-2074(b)(1) 51 10-2068.6(a) 52 10-2002 53 10-2068.8(b) 1990-500-TC-350  3- 7-90 1 10-2044(1)b.3. 2 10-2044(1)b.6. 3 10-2073(c)(21)c. 1990-504  3- 7-90 1 Rnbd 12-1056(3) as 12-1056(4) Added 12-1056(3) 1990-505-TC-351  3- 7-90 1 Rnbd 10-2063(e)(4) as 10-2063(e)(5) Added 10-2063(e)(4) 1990-514  3-20-90 1 Added 13-3004(c) 1990-515  3-20-90 1 11-2057 1990-534  4-17-90 1 13-3004(c) 1990-521  4- 3-90 1 5-2042 1990-527-TC-352  4-17-90 1 10-2002 1990-528-TC-353  4-17-90 1, 2 10-2002 3 Added 10-2023(1)p., q. 4 10-2033(a) 5 10-2036(1) 6 10-2046(b)(4)b. 1990-533  4-17-90 1 Added Pt. 13, Ch. 4 2, 3 Added 13-4001, 13-4002 1990-534  4-17-90 1 13-3004(c) 1990-541  5- 1-90 1 12-2043(1) 2 12-2043(1)a. 3 12-2043(1)b. 4 Rpld 12-2043(2) 5 Rnbd 12-2043(3), (4) as 12-2043(2), (3) 1990-591  6- 5-90 1 11-2171(b)(1) 1990-592-TC-354  6- 5-90 1 10-6039(c) 2 10-6039(d)—(p) 3 10-6079(a) 4 10-6096(a) 5 10-6106(a) 6 10-7002(d) 1990-593  6- 5-90 1 7-3007(c)—(e) 1990-594  6- 5-90 1 5-2044 1990-599  6-19-90 1 8-2092(a) 1990-606-TC-355  6-19-90 1—5 10-3057(d) 1990-607-TC-356  6-19-90 1 10-2072(m) 2 10-2061(b) 1990-613  6-19-90 1 13-3004(a)(5) 1990-616  7- 3-90 1 2-4003 1990-628-TC-357  7-17-90 1 10-8002 2 10-8005(a) 1990-642  9- 4-90 1, 2 13-2016 1990-652 10- 2-90 1 Added 13-4002 Rnbd 13-4002 as 13-4003 1990-664-TC-358 10-16-90 1 10-2023(1)o.2. 1990-671-TC-359 11- 6-90 1 10-2032.1(1)h. 2 Rpld 10-2045.1(2)a. Rltd 10-2045.1(2)b.—f. as 10-2045.1(2)a.—e. 3 Added 10-2068.8(c)(3)h. Rltd 10-2068.8(c)(3)h., i. as 10-2068.8(c)(3)i., j. 4 10-2073(c)(12) 5 10-2073(c)(12)c. 1990-673 11- 6-90 1 9-7004(b) 1990-674 11- 6-90 1 12-2022(16) 2 12-2023 3 12-2028(6) 4 Added 12-2043(2) Rnbd 12-2043(2), (3) as 12-2043(3), (4) 1990-691-TC-360 12-11-90 1 10-2072(h)(5) 2 10-2054(b) 3 10-2054(b)(3) 4 10-2054(b)(4) 5 10-3051(3) 6 10-3059(a) 1990-692-TC-361 12-11-90 1 10-2002 1990-693-TC-362 12-11-90 1 10-2002 1990-695 12-11-90 1 9-8002—9-8005 9-8007—9-8011 1990-696 12-11-90 1 7-3007(k)(2)h., i. 1990-697 12-11-90 1 7-3007(c)—(e) 1991-709  1- 2-91 1 2-2001 1991-713-TC-363  1-15-91 1 Rpld 10-2072(b)—(d) Rltd 10-2072(e)—(m) as 10-2072(b)—(j) Added 10-2075.2—10-2075.4 2, 3 10-2002 4 10-3003 5 10-2075(e) 6 10-3073(b) 7, 8 10-3012(c) 9 10-3012(h) 10 10-3016 11 10-3022(g) 12, 13 10-3041(k), (l) 14 10-3042(b) 15 10-3049(e) 16 10-3050(d) 17, 18 10-3051(b), (c) 19 10-3071(b)(2) 20 10-3071(b)(6)a. 21 10-3071(b)(6)e. 22 10-3071(b)(8)c.1. 23 10-3071(b)(9)a. 24 10-3071(b)(9)e., f. 25 10-3072(c)(1) 26 10-3072(c)(5), (b) 27 10-3073(b) 28 10-3073(b)(4)a. 29 10-3073(b)(4)e., f. 1991-715  1-15-91 1 12-2134(d), 12-2136(e) 2 12-2134(e), 12-2136(f) 3 12-2135(a) 4 12-2135(a)(1)—(6) 5 12-2136(g) 6 12-2137 7 12-2142 1991-716  1-15-91 1 6-2014 2 6-2016 1991-718  2- 5-91 1 8-2092 1991-724-TC-363  2- 5-91 1 10-6003(a) 2 Rltd 10-6003(b)—(d) as 10-6003(d)—(f) 3 Added 10-6003(b), (c) 4—6 10-6004—10-6006 7, 8 10-6008, 10-6009 9 10-6010(a) 10 10-6010(c) 11 10-6010(f)—(h) 12 10-6032(c) 13 10-6033(4) 14 10-6034(a) 15 10-6075(a) 16 Pt. 10, Ch. 6, Art. F (tit.), 10-6095(a) 17 10-6101(b) 18 10-617(b)(1) 1991-735-TC-364  2-19-91 1 10-2032.1(1)i. 2 10-2032.1(2)c. 3 10-2072(k) 1991-736  2-19-91 1 9-4001—9-4019 1991-741-TC-365  3- 5-91 1 10-3022(h)(1) 2, 3 10-8003(a) 1991-142  3- 5-91 1 13-3015 1991-743  3-19-91 1 7-3001(12) 2 7-3007(c) 1991-747  3-19-91 1 Rpld 11-2007 2 12-6001 3 Rnbd 12-6002(15) as 12-6002(16) Added 12-6002(15) 4 13-3014 1991-764-TC-366  4-16-91 1 10-3019 2 10-3061(c) 3 10-6035(g) 1991-765-TC-367  4-16-91 1 10-2002 2 10-2033(d) 1991-766-TC-368  4-16-91 1 10-2061(1) 1991-767-TC-369  4-16-91 1 10-6003(e) 2 10-6007 3 10-6010(d) 4 10-6010(i) 5 Rpld 10-6023(1), (2) Rnbd 10-6023(3), (4) as 10-6023(1), (2) 6 Rpld 10-6024(a)(2)b.—g. Added 10-6024(a)(2)b. 7 Rpld 10-6024(c)—(e) 8 10-6031 9 10-6032(a)—(e) 10 Rltd 10-6032(e)—(h) as 10-6032(f)—(i) 11 10-6033(1)—(5) 12 Rpld 10-6041 13 Rpld 10-6071—10-6074 14, 15 10-6075(a) 16 10-6075(h) 17 Rpld 10-6076, 10-6078 18 10-6081(a) 19 10-6095(a), (g) 20 10-6013(a) 21 10-6104(3) 22 Rpld 10-6105 23, 24 Rpld 10-6107, 10-6108 25 Rpld 12-2113—12-2116 26 Rpld 12-2119(a)—(c) 12-2119(d) Rltd 12-2119(d)—(g) as 12-2119(a)—(d) 27 12-2120(a) 28 10-4002(11), (15) 29 10-6037(a)—(c) 30 10-6172 1991-768  4-16-91 1 8-2063(b) 1991-781  5-21-91 1 9-2061 1991-782  5-21-91 1, 2 7-3007(c) 4 7-3007(g) 1991-792-TC-370  6- 4-91 1 10-6039(c) 2 10-6039(d)—(p) 3 10-6079(a) 4 10-6096(a) 5 10-6106(a) 6 10-7002(d) 1991-795  6- 4-91 1 12-3014(a) 2 12-3017(a) 1991-806  6-28-91 1 2-2071 1991-807  6-28-91 1 7-3006 1991-808  6-28-91 1 7-3004(a)(3)d.—f. 1991-809  6-28-91 1 7-3006 2 2-3001(a) 1991-817  7-16-91 1 2-3003 1991-818  7-16-91 8-2092(e) 1991-823-TC-371  7-16-91 1, 2 10-3043(a), (b) 3 10-2025.1(b), (c)(3), (d)(3) 4 10-2026(b), (c)(3), (d)(3) 5 10-2028(d) 6 10-2063 7—9 10-2075.2(b)(2)a.—c. 10 10-2075.2(b)(3)d. 11 10-2074(a)(1) 12 10-2073(c)(17)e. 1991-825  7-16-91 1 11-2132(a)(8) 1991-826  8- 6-91 1 9-2026 1991-831  8- 6-91 1 13-2030 1991-841-TC-372  9- 3-91 1 5-2031—5-2040 1991-843-TC-374  9- 3-91 1 10-2002 2 Rpld 10-2092(b)(2)e.9. Rnbd 10-2092(b)(2)e.10. as 10-2092(b)(2)e.9. Added 10-2092(b)(2)e.10. 3 10-3015(6) 1991-848  9-17-91 1, 2 13-3004(d) 1991-849-TC-375  9-17-91 1, 2 10-2092(b)(4)e., f. 3 10-3012(h) 1991-850 10- 1-91 1 12-3002(a)(6) 2 12-3014(c) 3 12-3017(c) 1991-865-TC-376 11- 5-91 1 10-2002 1991-867-TC-377 11- 5-91 1 10-2002, 10-6121(c)(15) 2 10-2073(c)(24)(intro para.) 3 10-2073(c)(24)f, g 4 10-6123(b)(5), (6) 1991-868-TC-378 11- 5-91 1 10-2057 2 10-2002 3 10-2011.j(Overlay) 4 10-2045.1(1)k 5 10-2072(d), (f) 6 10-2072(j) 7 10-2073(i)(16), (18), (21) 8 10-2092(b)(1)c.1 9 10-2092(b)(1)f 10 10-2113(e)(4) 11 10-3004 12 10-3016 13 10-2092(b)(2)e.10 1991-869-TC-379 11- 5-91 1 10-2040(2)c 2 10-2040(2)g 3 10-2042(1)d 4 10-2045.1(1)a 5 10-2045.1(3)b 6 10-2061(a)(3)q 7 10-2072(m) 8 10-2072(a)(3)i, (b)(12), (d)(3), (e)(3), (h)(6) 9 10-2092(b)(1)c.1 10 10-2092(b)(1)d 11 10-2092(b)(1)f 12 10-2092(b)(1)(4th para.) 13 10-2092(b)(3)b.2 1991-873 11-19-91 1 11-2025(f) 1991-879-TC-380 11-19-91 1 Added 10-2001—10-2166 2 Pt. 10, Ch. 2(note) 3 Rnbd 10-2001—10-2116 as 10-2001A—10-2116A 1991-879A-TC-384 11-19-91 1 10-1051, 10-1061 1991-879B-TC-385 11-19-91 1—4 10-3003 5, 6 10-3005(a), (b) 7 10-3013(b)(13)—(15) 8 10-3013(b)(16) 9 10-3049(a) 10 10-3049(e) 11 10-3049(g)(7) 12 10-3052(b)(3), 10-3054(c), 10-3055(c), 10-3056(c) 13 10-3052(b)(6) 14 10-3052(c) 15 10-3058(a)(4) 16 10-3050(title) 17—20 10-3059(a) 21, 22 10-3059(b), (c) 23 10-3071(a) 24 10-3071(a)(note) 25 Rpld 10-3071(b)(1)—(3) Added 10-3071(b)(1)—(4) 26 Rnbd 10-3071(b)(4)—(9) as (5)—(10) Amd 10-3071(b)(5) 27 10-3071(b)(7)a 28 10-3071(b)(7)d 29 10-3071(b)(8) 30 10-3071(b)(8)(note) 31 10-3071(b)(9)(b)(title) 32 10-3071(b)(9)d 33 10-3073(b)(2) 34 10-3074(a)(1) 35 10-3074(e)(1)a 36 10-3074(e)(2) 37 10-3074(e)(4) 1991-879C-TC-386 11-19-91 1 10-1037 2 Pt. 10, Ch. 4(note) 3 10-4003(a) 4 10-4010 5 10-5006(10) 6 10-5006(11)(intro. para.), a 7, 8 10-5006(11)b, c 9 10-5006(11)d, e 10 10-5006(11)e 11 10-6023(1) 12 10-6081(e) 13 10-7001(d)(1)a 14 10-7001(d)(1)e 15 10-7001(g)(1) 16 10-7001(i)(note) 17 10-7002(b) 18 10-8003(a)(note 4) 19 10-8003(b)(6) 20 10-8004(f) 1991-879D-TC-387 11-19-91 1 14-1001 2 14-1002(6), (9), (12) 3 14-1002(12) 4 Rnbd 14-1002(18)—(21) as (19)—(22) Added 14-1002(18) 5 Rnbd 14-1002(23),(24) as (24), (25) Added 14-1002(23) 1991-879E-TC-388 11-19-91 1 13-2005(i) 2 Rpld 13-3008 1991-882-TC-381 11-19-91 1 5-2041 2 10-6040(7) 1991-883 12- 3-91 1 2-2028(e) 1992-887 12- 3-91 1 Added 11-2025(c)(ii) 2 Rnbd 11-2025(c)(ii)—(iv) as (iii)—(v) 3 11-2025(e)(1), (2) 4 11-2025(f) 1991-889-TC-381 12- 3-91 1 10-1035(b)(1), (2), 10-2049(j)(3) 1991-890-TC-382 12- 3-91 1 10-2074(a)(1) 1991-892 12- 3-91 1 8-2119(intro para.) 2 8-2119(a) 3 8-2119(e) 4 8-2119(f)(1) 5, 6 8-2119(g), (h) 1991-893 12- 3-91 1 5-2040(c)(3) 1991-894 12- 3-91 1—3 8-2039 1991-895-TC-383 12- 3-91 1—6 10-2002 7 10-2029(intro para.) 8 10-2032.1(1)a 9 10-2033(k) 10 10-2036(1) 11 10-2042(3)j 12 10-2043(1)a 13 10-2043(2)m 1992-898  1- 7-92 1 13-2028 1992-904  1- 7-92 1 Rpld 2-2090—2-2095 2—6 Added 2-2090—2-2094 1992-908  1-21-92 1 2-2028(a) 1992-920-TC-389  2- 4-92 1 10-2002 2 10-2146.2(a)(6) 3 10-6008 4 10-6023 5 10-6171(a) 6 10-6171(note) 1992-921-TC-390  2- 4-92 1 10-4002(14) 2 10-4002(1)—(4), (12)—(14), (20), (22)—(24) 3 10-4005(a) 4 Rpld 10-4006(7) 5 10-6037(a) 6 10-6037(d) 1992-924  2- 4-92 1 Rpld 12-2136(c)(3) 2 12-2136(e)(1) 3 Rpld 12-2136(e)(5) Rnbd 12-2136(e)(6) as (5) 4 Rpld 12-2136(g) 5 Rpld 12-2137(2), (3) 6 Rnbd 12-2137(4) as (2) 1992-930  3- 3-92 1 12-1001(a)(2)a 2, 3 12-1001(a)(2)c, d 4, 5 12-1001(a)(3)b, c 1992-934  3- 3-92 1 13-3016 1992-946-TC-391  4- 7-92 1 Rpld 10-6081(b) Rnbd 10-6081(c)—(g) or (b)—(f) 1992-966  5- 5-92 1 8-2092 1992-982  6- 2-92 1—5 12-2101—12-2105 1992-988  6- 2-92 1 11-2207(b)(9) 1992-998  6-16-92 1 Rnbd 13-3016(h)—(l) as (i)—(m) 2 Added 13-3016(h) 1992-999  6-16-92 1 6-2021(1)e, (3)a 2 6-2021(2)e 3 6-2022(a) 1992-1  6-23-92 1 7-3007(c)—(e) 1992-3  7- 7-92 1 8-2141 2 8-2147(a)(3) 3, 4 8-2147(b), (c) 5 8-2148(b) 6 8-2154 1992-7  7- 7-92 1 13-3016(b)(1)e 1992-8  7- 7-92 1 13-2010(b) 1992-14-TC-392  7-21-92 1 10-3051(a)(1) 2 Rnbd 10-3051(a)(3) as (4) Added 10-3051(a)(3) 3 Amd 10-3051(a)(4) 4 Added 10-3051(a)(5), (6) 5, 6 10-3051(b), (c) 1992-15-TC-393  7-21-92 1, 2 10-2144(b) 1992-28-TC-394  8- 4-92 1 10-2072(b) 1992-29-TC-395  8- 4-92 1 10-1035(a)(3) 2 10-2052(e)(4) 3 10-2075(b)(Sched.) 4 10-2076(a)(Sched.) 5 10-2144(b) 1992-30-TC-396  8- 4-92 1 10-2002 2 10-2021(b)(3)a, 10-2022(b)(3)a, 10-2023(b)(3)a, 10-2024(b)(3)a, 10-2025(b)(3)a, 10-2032(b)(3)a, 10-2035(b)(3)a 3 10-2144(b) 1992-31  8- 4-92 1 12-2155—12-2160 1992-35  8- 4-92 1 7-3005(1)b 1992-36  8- 4-92 1 7-3007(k)(2)j 1992-39  9- 1-92 1 9-2021 1992-43-TC-397  9- 1-92 1 10-2015(d)(3), 10-2016(d)(3), 10-2017(d)(3), 10-2018(d)(3), 10-2019(d)(3), 10-2020(d)(3), 10-2021(d)(3), 10-2022(d)(3), 10-2023(d)(3), 10-2024(d)(3), 10-2025(d)(3), 10-2030(d)(3), 10-2031(d)(3), 10-2032(d)(3), 10-2035(d)(3), 10-2036(d)(3), 10-2040(d)(3), 10-2042(d)(3), 10-2046(d)(3), 10-2047(d)(3) 2 10-2045(d)(3) 3—5 10-2076(a) 1992-44  9- 1-92 1 13-3016(a)(20) 2 Rnbd 13-3016(f)—(m) as (g)—(n) Added 13-3016(f) 1992-46  9- 1-92 1 12-7010 1992-47  9- 1-92 1 7-3005(1)b 1992-61-TC-398  9-15-92 1 10-2072(b)(4), (7) 1992-66-TC-399 10- 6-92 1 Rpld 10-1031—10-1043 1992-67 10- 6-92 1 5-2042 2 5-2040(c)(3)f 3 5-2043 1992-68 10- 6-92 1 7-3007(l) 5 7-3007(note) 1992-74A 10- 6-92 1 5-2037 1992-75 10-20-92 1 8-2036(a) 1992-81 11- 4-92 1 8-2039 1992-86 11- 4-92 1 5-1003 2 5-2003 1992-87-TC-400 11- 4-92 1 10-2002 2 10-2046(b)(2), 10-2047(b)(2) 3 10-2046(b)(3)b, 10-2047(b)(3)b 4 10-2071 5 10-2072(Intro para.), (b) 6 10-2082.9(e)(1)h 7 10-2145(Intro para.), (b) 8 10-2144(c)(2)f, 10-2145(c)(2)f 1992-88-TC-401 11- 4-92 1 Title 10, Ch. 2, T of C(10-2145(b)) 2, 3 10-2011(b)(1)(Schedule) 4 10-2032(b)(3)b 5 10-2035(b)(3)b(note), 10-2036(b)(3)b(note), 10-2041(b)(3)b(note) 6 10-2043(b)(3)b 7 10-2046(b)(3)b, 10-2047(b)(3)b 8 10-2046(c), 10-2047(c) 9 10-2046(d)(2), 10-2047(d)(2) 10 10-2051(c), 10-2055(c) 11 10-2051(h) 12 10-2051(e) 13 10-2055(b) 14 10-2071 15 Rpld 10-2073(d)(1) Rnbd 10-2073(d)(2)—(11) as (1)—(10) Amd 10-2073(d)(1) 16 10-2081(Schedule) 17 10-2081(c)(3) 18 10-2081(c)(4)b 19 10-2081(c)(4)a 20 10-2102(f) 21 10-2103(c)(4)b 22 10-2103(e)(2) 23 10-2132.2(d)(8)b 24 10-2055(d)(4) 25 10-2145(Intro para.) 26—28 10-2145(b) 1992-94 11-17-92 1 6-2024 1992-104 12- 8-92 1 7-3007(k)(2)k 2 7-3007(m) 1992-110-TC-41 12- 8-92 1 10-5003 2 10-5004(a)(Intro para.) 3 10-5004(a)(2), (b)(Intro para.) 4 Rpld 10-5004(b)(5) Rnbd 10-5004(b)(6) as (5) 5 10-5005 6 10-5006(1) 7 10-5006(3) 8 10-5006(4)a 9 10-5006(5) 10 10-5006(7)a, b 11 10-5006(8)(Intro para.) 12, 13 10-5006(8)a 14—16 10-5006(8)c—e 17 10-5006(8)f.3 18, 19 10-5006(9), (10) 20 10-5006(11)—(13) 21 10-5006(a) 22 10-5006(b) 23 10-5009 Rnbd 10-5008, 10-5009 as 10-5009, 10-5008 24 10-5010(a) 25 Added 10-5010(d) Rnbd 10-5010(d) as (e) 26, 27 10-5011, 10-5012 28, 29 10-5013(a)(1) 30 10-5013(a)(2) 31 10-5013(a)(3), (4) 32 10-5015 33 10-6032(g)(2), 10-6033(8) 34 10-6032(g)(2) 35 10-6032(g)(3)b 36 10-6033 37 10-6035(c) 38 10-6035(i) 39 10-2056 40 10-2075(e) 41 10-3059(b) 1992-111-TC-42 12- 8-92 1—11 10-2002 12 10-2011(a)(13) 13 10-2032(d)(1)c 14 10-2035(e)(4), 10-2036(e)(4) 15 10-2045(e)(2) 16 10-2041(d)(1)b 17 10-2050(c) 18 10-2051(d)(3)b.1 19 10-2053(a) 20 10-2055(a) 21 10-2055(e)(6) 22 10-2057(b)(2), (c)—(e) 23, 24 10-2057(d)(1)a, b 25 10-2057(f)(2) 26, 27 10-2071 28—30 10-2072(h) 31 10-2073(b) 32 10-2074(e) 33 10-2075(b) 34, 35 10-2075(e) 36 10-2081(b)(5) 37 10-2082.3(c)(note) 38 10-2082.5(c)(4) 39 10-2082.5(d)(3) 40 10-2083.2(m)(1)c 41 10-2084.1(e)(2)a 42 10-2101(b)(2)(note) 43 10-2101(b)(4)(note) 44 10-2101(b)(5) 45 10-2101(b)(6)c.5, g 46 10-2003(c)(6) 47 10-2103(e)(1)—(3) 48 10-2103(f)(1) 49 10-2109(b), (c) 50 Rpld 10-2132.1(a)(3)c Added 10-2132.1(a)(9) 51 10-2132.2(a) 52 Amd 10-2132.2(b)(1)a Rpld 10-2132.2(b)(2) Rnbd 10-2132.2(b)(3)—(6) as (2)—(5) Amd 10-2132.2(b)(2)c 53 10-2132.2(b)(5) 54 10-2132.2(c)(1)6 55 10-2132.2(d)(1)c 56 10-2132.2(f)(4)h, p, z, aa(note) 57 10-2132.2(g) 58 10-2141(g) 59 10-2144(b) 60 10-2144(b)(note) 61 10-2145(b) 62 10-2165(d)(1) 1993-121-TC-43  1-19-93 1 10-3012(c)(1) 2 10-3012(c)(3)f. 3 10-3043(b) 1993-125  2- 2-93 1 7-3007(c)—(e) 1993-130-TC-44  2- 2-93 1 10-2083.2(Schedule) 2 10-2083.2(k)(4) 3 10-2083.2(k)(5) 1993-131  2- 2-93 1 4-3003 1993-132-TC-45  2- 2-93 1—3 10-2002 4 10-2083.1(h) 5 10-2083.2 6 10-2083.2 7 10-2083.2(l)(1) 8 10-2083.2(o) 9 10-2083.4(a)(2) 1993-133-TC-46  2- 2-93 1—3 10-2002 4 10-2011(b)(3)i., j. 5 10-2011(b)(3)i. 6 10-2011(b)(3)i., j.(note) 7 10-2011(b)(3)k., l. 8 10-2058(d)(2), 10-2059(d)(2) 9 10-2058(d)(2) 10 10-2058(e)(2) 11 10-2059(b) 12 10-2059(d)(2) 13 10-2059(e)(2) 14 10-2059(f)(1) 15 Added 10-2060, 10-2061 16 10-2058(b), 10-2059(b), 10-2075(c)(1)b., 10-2075(d)(4)(title), 10-2075(d)(5)(title), 10-2075(d)(5)b., 10-2082.4(b), 10-2082.5(d)(4), (note) 10-2089, 10-2145 10-2145(b)(1), 10-2145(b)(2)a., 10-2145(b)(2)b.1. 17 10-2075(b) 18 10-2075(b)(Schedule) 19 10-2075(c)(4) 20 10-2076(a) 21 10-2082.4(b) 22 10-2082.5(d)(4)(note) 23 10-2082.6(b)(1) 24 10-2082.9(c)(2) 25 10-2082.9(d)(4) 26, 27 10-2082.10(c)(3) 28, 29 10-2145(b) 30, 31 10-2146.1(note) 32 10-2146.3(a)(7) 33 10-2146.5(a) 1993-134-TC-47 1 10-2046(b)(3)a., 10-2047(b)(3)a. 2 10-2046(b)(3)b., 10-2047(b)(3)b. 3 10-2071(Schedule) 4 10-2144 5, 6 10-2144(b) 7 10-2144(b), 10-2145(b) 8 10-2145 1993-135  2-16-93 1 Added 12-4010 1993-146  3-16-93 1 12-2091(b) 1993-149-TC-48  3-16-93 1 10-2002 2 10-2082.8(a)(3) 1993-151  4- 6-93 1 Added 11-2175(f) 1993-157-TC-50  4- 6-93 1 10-2088 1993-158-TC-51  4- 6-93 1 10-2002 1993-159-TC-52  4- 6-93 1 10-2081(a)(Schedule) 1993-160-TC-53  4- 6-93 1 10-2081(c)(8) 1993-161  4- 6-93 1 1-4002(d) 1993-178-TC-54  4-20-93 1 10-2002 2 10-2071(Schedule) 1993-185-TC-54A  5- 4-93 1 10-2002 2 10-2083.1(b)(2) 3 10-2083.2(k)(1) 4 10-2083.2(k)(2) 1993-186-TC-55  5- 4-93 1 10-2002 1993-187-TC-56  5- 4-93 1 10-2035(b)(3)b. 2 10-2036(b)(3)b. 3 10-2037(b)(3)b. 4 10-2040(b)(3)b. 5 10-2041(b)(3)b. 6 10-2042(b)(3)b. 7 10-2043(b)(3)b. 8 10-2045(b)(3)b. 9 10-2046(b)(3)b. 10 10-2047(b)(3)b. 11 10-2071(Schedule) 12 10-2145 13 10-2145(b) 1993-188  5- 4-93 1 Added 13-2010(d) 1993-196  6- 1-93 1 13-3016(a)(6) 2 Added 13-3016(a)(4) 1993-199  6- 1-93 1 8-2092(a) 1993-204-TC-57  6- 1-93 1—6 10-3003 7 10-3022(g), (g)(2), (g)(2)a., (g)(2)b. 8 Added 10-3041(b) Rnbd 10-3041(b)—(1) as (c)—(m) 9 Rpld 10-3042(b) 10 Added 10-3046(6) Rnbd 10-3046(6)—(8) as (7)—(9) 11 Added 10-3047(6) Rnbd 10-3047(6)—(8) as (7)—(9) 12 10-3048(a) 13 10-3049(j)(2) 14 10-3051(a)(2) 15 10-3051(a)(4) 16 10-8001 17, 18 10-8002 19 10-8003(table)(titles) 20 10-8005(a), (b)(1) 1993-206-TC-58  6- 1-93 1, 2 10-2072(b) 3 10-2144(b) 1993-207-TC-59  6- 1-93 1 10-2032(e) 2 10-2072, 10-2072(b) 3 10-2083.1(a)(5), (a)(6) 4 10-2083.1(h) 5 10-2083.2 6 10-2083.2(Schedule) 7 10-2083.2(f)(7) 8 10-2083.2(h)(7) 9 10-2083.2(i)(7) 10 Added 10-2083.2(j) Rnbd 10-2083.2(j)—(o) as (k)—(p) 11 10-2083.2(n) 12 10-2083.2(p)(2) 13 10-2083.4(a)(2) 14 10-2083.4(e) 15 10-2085(a)(2)(note) 16 10-2105(b)(9) 17 10-2106(b)(7) 18 10-2144(note) 19 10-2145(note) 20 10-2146.3(a)(s) 21 Added 10-6032(h) Rnbd 10-6032(h), (i) as (i), (j) 22 10-6033(7)d. 23 10-6039(d) 1993-218-TC-60  6-15-93 1 10-2056(d)(1) 2, 3 10-2056(d)(2) 4 10-2056(e)(2)b. 5 10-2056(e)(2)b.1(i) 6 10-2056(e)(2)b.2.(ii) 7 10-2056(f)(3) 8 10-2075(e) 9—11 10-3052(c) 12—14 10-3059(a) 15 10-3059(b) 16 10-3059(b)(1)a. 17 10-3059(b)(2)b. 18 10-3059(c) 19 10-3071(b)(7)d. 20 10-5005(a)(1) 21 10-5006(a)(11), (a)(11)b., (a)(11)c. 22 10-5006(a)(11)a. Rnbd 10-5006(a)(11)b. and c. as 2. and 4. 23 Added 10-5006(a)(11)b.—e. 24 Rpld 10-5006(a)(11)d., e. 25 10-5007(c)(4) 26 10-5010(a) 27 10-2002, 10-3003, 10-5003 1993-223-TC-61  7- 6-93 1 10-2074(b)(3) 2 10-2101(b)(3) 3 10-2106(b) 4 10-2108(c) 5 10-2109(d) 6, 7 10-3003 8 10-3046(a)(4)—(a)(7) Rpld 10-3046(a)(9) 9 10-3047(a)(4)—(a)(7) Rpld 10-3047(a)(9) 10 10-3048(a) 11 10-3049(b)(4) Rpld 10-3049(b)(5) Rnbd 10-3049(b)(6) as (b)(5) 12 10-3050(a) 13 10-3050(b) 14 Rpld 10-3050(d) Rnbd 10-3050(e) as (d) 15 10-3056(b), (c) Rnbd 10-3056(c) as (d) 16 10-3071(b)(7) 1993-224  7- 6-93 1 1-1026(a)(1)—(12) 1993-225  7- 6-93 1, 2 12-2118 1993-226  7- 6-93 1 9-7025 1993-15-TC-49  4- 6-93 1 10-8003(b)(3) 1993-240  7-20-93 1 12-5002(a) 2 12-5001 3, 4 12-5003(a), (c) 5 Rnbd 12-5003(d), (e) as (c), (d) 1993-246-TC-62  8- 3-93 1 Rpld 10-2132.2(g)(3) Added 10-2132.2(g)(3)—(7) 1993-247-TC-63  8- 3-93 1, 2 10-2083.1(d)(1) 3, 4 10-2083.1(d)(3) 5, 6 10-2083.2(g), (h)(7) 7, 8 10-2083(o), (o)(4)b. 9 10-2132.2(d)(5)j. 10 10-2144 11 10-2144(b)(title), 10-2144(b)(1), (6) Added 10-2144(b)(8) 1993-248-TC-64  8- 3-93 1 10-2015(b)(3)a., 10-2016(b)(3)a., 10-2017(b)(3)a., Ordinance Number Date Section Section this Code 10-2018(b)(3)a., 10-2019(b)(3)a., 10-2020(b)(3)a., 10-2021(b)(3)a., 10-2022(b)(3)a., 10-2023(b)(3)a., 10-2024(b)(3)a., 10-2025(b)(3)a. 2 10-2071(Schedule) 3, 4 10-2072(b)(4), (b)(5) 5 10-2076(c)(3)a.5. 6 10-2144, 10-2144(b) 1993-249  8- 3-93 1 Added 9-2027 1993-259  9- 7-93 1 12-2134(b)(2) 1993-263-TC-65  9-21-93 1, 2 10-2002 3 10-2075(c)(3) 4 10-2075(e)(Schedule), 10-2075(e)(footnote p., v.) 5 Rnbd 10-2082.5(d)(3), (4) as (4), (5) Added 10-2082.5(d)(3) 6 10-2132(a)(1), (3)b. 10-2132.1(a)(2)b., (7), (8)a. 7 10-2132.1(a)(8)b. 8 Added 10-2132.2(c)(3) 9, 10 10-3003 11, 12 10-3018, 10-3019 13, 14 10-3022(b), (h)(1) 15 10-3022(h)(1), (2), (footnote 4) 16 Added 10-3022(h)(4) 17 10-3046(a) Rnbd 10-3046(a)(1)—(9) as (4)—(12) Added 10-3046(a)(1)—(3) 18 10-3046(a) 19 10-3046(a)(6) 20 10-3048(a) 21, 22 10-8003(a), (footnote 7) 23 10-8005(a) 1993-267  9-21-93 1, 4 Added 13-2010.1 1993-272-TC-66 10- 6-93 1 10-6007 1993-279-TC-6 11- 3-93 1 10-2058(d)(2) 2 10-2059(d)(2) 3 10-2075(c)(2)b. 1993-281 11- 3-93 1 2-4003 1993-286 11-16-93 1—3 7-3007(c)—(e) 1993-289 11-16-93 1—3 7-3007(c) 1993-290 12- 7-93 1 1-1036 1993-291 12- 7-93 1 2-2071 1993-296-TC-68 12- 7-93 1 10-2015(b)(2), 10-2016(b)(2), 10-2017(b)(2), 10-2018(b)(2), 10-2019(b)(2), 10-2020(b)(2), 10-2021(b)(2), 10-2022(b)(2), 10-2023(b)(2), 10-2024(b)(2), 10-2025(b)(2), 10-2031(b)(2), 10-2032(b)(2), 10-2035(b)(2), 10-2036(b)(2), 10-2037(b)(2), 10-2040(b)(2), 10-2041(b)(2), 10-2042(b)(2), 10-2043(b)(2), 10-2045(b)(2), 10-2046(b)(2), 10-2047(b)(2) 2, 3 10-2071, 10-2072 4 10-2072(b) 5 10-2088 6 10-2081(a)(1) 7 Added 10-2081(b)(1)b.3. 8 Added 10-2082.1(b)(3) 9 10-2132.1(a)(9) 10 12-2118(1) 1993-297-TC-69 12- 7-93 1 Rpld 10-3059(a)(2) 2 10-5006(a)(11)b.1.[table] 3 10-5006(a)(11)c.3. 4 10-2056(d)(2)[note], 10-3059(a)(4)[note], 10-3059(a)(4)[note], 10-3059(a)(5)[note], 10-5006(a)(11)b.2.[note], 10-5006(a)(11)c.3.[note], 10-5006(a)(11)a.2. 1994-306  1- 4-94 1 8-2147(a)(3) 1994-331-TC-70  2- 1-94 1 10-6039(d) 1994-340  2-15-94 1 12-2156(a) 1994-347  3- 1-94 Rpld 8-2111—8-2121 Added 8-2111—8-2140.12 1994-365-TC-71  4- 5-94 1 10-2002(b) 2 10-2002(b), 10-2002(b)[note] 3 10-2002(b) 4 10-2002(b) 5 10-2011(b)(1) 6 10-2015(b)(2), 10-2015(b)(2)[note] 7 10-2016(b)(2), 10-2016(b)(2)[note], 10-2017(b)(2), 10-2017(b)(2)[note], 10-2018(b)(2), 10-2018(b)(2)[note], 10-2019(b)(2), 10-2019(b)(2)[note], 10-2020(b)(2), 10-2020(b)(2)[note], 10-2021(b)(2), 10-2021(b)(2)[note], 10-2022(b)(2), 10-2022(b)(2)[note], 10-2023(b)(2), 10-2023(b)(2)[note], 10-2024(b)(2), 10-2024(b)(2)[note], 10-2025(b)(2), 10-2025(b)(2)[note], 8 10-2021(b)(3)a., 10-2021(b)(3)a.[note], 10-2022(b)(3)a., 10-2022(b)(3)a.[note], 10-2023(b)(3)a., 10-2023(b)(3)a.[note], 10-2024(b)(3)a., 10-2024(b)(3)a.[note], 10-2025(b)(3)a., 10-2025(b)(3)a.[note], 9 10-2035(b)(2), 10-2035(b)(2)[note], 10-2040(b)(2), 10-2040(b)(2)[note] 10 10-2035(b)(2), 10-2035(b)(2)[note], 10-2036(b)(2), 10-2036(b)(2)[note] 11 10-2035(b)(3)a., 10-2035(b)(3)a.[note], 10-2036(b)(3)a., 10-2036(b)(3)a.[note] 12 10-2071 13 10-2072, 10-2072[note] 14 10-2072(b) 15 10-2072(b) 16 10-2072(b) 17 10-2081(a) 18 10-2081(b)(2) 19 10-2144, 10-2144[note] 20 10-2144(b) 21 Added 12-2161 1994-366  4- 5-94 1 Added 7-3007(k)(2)l. 2 Added 7-3007(n) 1994-372-TC-72  4-19-94 1 10-2071 2 10-2088 3 10-2145(b) Added 10-2145(b)(6) 1994-389-TC-73  5- 3-94 1 10-6121(c) 2 Rpld 10-6122(d)(1) Added 10-6122(d)(1) 1994-393  5- 3-94 1 Rnbd 11-2232(a)(2) as (a)(3) Added 11-2232(a)(2) 2 11-2232(b) 3 11-2232(c) 4 Rnbd 11-2232(c)—(e) as (d)—(f) Added 11-2232(c) 5 11-2233(a)(1) 6 11-2233(a)(2) 7 11-2234(a) 8 11-2239 9 11-2241[title] 10 11-2243(b) Added 11-2243(b) 11 11-2245(b) 12 Added 11-2245(c) 1994-406-TC-73  6- 7-94 1 Added 10-6032(k) 2 10-6039(c) 3 10-6039(d)—(p) 4 10-7002(d) 1994-407-TC-74  6- 7-94 1 10-2072(b) 2 10-2072(b) 1994-408-TC-75  6- 7-94 1 10-2002(b) 2 10-2032(b)(1), 10-2035(b)(1), 10-2036(b)(1), 10-2037(b)(1), 10-2040(b)(1), 10-2041(b)(1), 10-2042(b)(1), 10-2043(b)(1), 10-2045(b)(1), 10-2046(b)(1), 10-2047(b)(1) 3 10-2035(c), 10-2036(c), 10-2037(c) 4 10-2071 5 10-2072(b) 6 10-2088 7 10-2144, 10-2144(b) 8 10-2144(b) 1994-427-TC-76  6-21-94 1 10-2145(b) 1994-428-TC-77  6-21-94 1 Rpld 10-2086 Added 10-2086 1994-429-TC-78  6-21-94 1 Added 10-2045(d)(2) Added 10-2058(d)(2) Added 10-2059(d)(2) Added 10-2060(d)(2) Added 10-2061(d)(2) 2 10-2045(e)(2) 3 10-2058(d)(2), 10-2059(d)(2), 10-2060(d)(2), 10-2061(d)(2) 4 10-2058(e)(2)a., 10-2059(e)(2)a., 10-2060(e)(2)a., 10-2061(e)(2)a. 1994-430-TC-79  6-21-94 1 10-6032(i) 2 10-6032(j) 3 10-6039(d) 1994-433-TC-80  6-21-94 1 10-2002 2 10-2081(a) 1994-434-TC-81  6-21-94 1 10-2083.2(n)(2)b. 2 Rpld 10-2083.2(n)(2)c., d. Rnbd 10-2083.2(n)(2)e., f. as c., d. Rpld 10-2083.2(n)(2)c. Added 10-2083.2(n)(2)c. 1994-436A  6-28-94 1 11-2025(e) 1994-440-TC-82  7- 5-94 1—5 10-4002 6 10-4003(a) 7 10-4004 8 10-4005(a) 9 10-3057(d)(2)a 1994-446-TC-83  7-19-94 1 20-2075(e) Added 10-2075(e)w. 2 10-2081(b)(4) 1994-447  7-19-94 1 Added 12-1026(d) 1994-452-TC-84  8- 2-94 1 10-2002 2 10-2057(c) 3 10-2057(d)(3) 4 10-2057(e)[note] 5 10-2057(f)(1) 6 Rpld 10-2057(f)(2) Rnbd 10-2057(f)(3)—(6) as (2)—(5) 7 10-2057(f)(3) 8 10-2057(f) 9 10-2058(title), 10-2058(d)(2) 10 10-2059(b) 11, 12 10-2165(d)(5) 1994-453-TC-85  8- 2-94 1 10-2032(b)(1), 10-2032(b)(2), 10-2035(b)(1), 10-2035(b)(2), 10-2036(b)(1), 10-2036(b)(2), 10-2037(b)(1), 10-2037(b)(2), 10-2040(b)(1), 10-2040(b)(2), 10-2041(b)(1), 10-2041(b)(2), 10-2043(b)(1), 10-2043(b)(2), 10-2045(b)(1), 10-2045(b)(2), 10-2046(b)(1), 10-2046(b)(2), 10-2047(b)(1), 10-2047(b)(2) 2 10-2071 3 10-2072, 10-2072(b) 1994-454-TC-86  8- 2-94 1 10-2083.2(f)(1), 10-2083.2(h)(1), 10-2083.2(i)(1) 1994-455-TC-87  8- 2-94 1 10-2081(b)(2)b. 1994-462-TC-88  8- 2-94 1 10-2002 2 10-2081(a) 1994-483-TC-90  9-20-94 1 10-2132.2(b)(2)a.4. 2 Rpld 10-2132.2(f)(2)a. Added 10-2132.2(f)(2)a. 3 10-2132.2(f)(2)b.—d. 1994-484-TC-91  9-20-94 1 10-2144 1994-361A  3-16-94 1 7-3004(a)(1)a. 2 7-3004(a)(1)c. 3 Rpld 7-3004(a)(2)c., e. Rnbd 7-3004(a)(2)d. as c. 7-3004(a)(2)c. 4 Rpld 7-3004(a)(3)d., f. Rnbd 7-3004(a)(3)e. as d. 7-3004(a)(3)d. 4 7-3001(e) 1994-398  5-17-94 1 8-2092(a) 1994-402  5-17-94 1 Rpld 2-3003 2 Added 2-3003 3 2-3004 4 2-3001(c)(3)a. 1994-495 10-19-94 1 Added 13-2031 1994-515-TC-92 12-13-94 1 10-2083.1(a) 2 10-2124(c)¶ 1994-516-TC-93 12-13-94 1 Added 10-6043 1994-520-TC-96 12-13-94 1 Added 10-2082.8(c) 2 10-2082.9(b) 3 10-2082.9(e)(1)o., 10-2082.9(e)(2)j., 10-2082.9(e)(3)k. 4 Added 10-2145(b)[x-ref] 1994-517-TC-94 12-13-94 1 Added 10-2075(b)(1)[2nd ¶] 1994-518-TC-95 12-13-94 1 10-2076(c)(3)a.6. 1994-521 12-13-94 1 12-1022(b)(3) 1995-543-TC-97  1-17-95 1 10-2101(b)(6)d. 1995-544-TC-98  1-17-95 1 10-2045(e)(5)a. 1995-550-TC-99  2- 7-95 1 10-2165(c)(1) 2 10-2165(g) 1995-555-TC-100  2- 7-95 1 10-2035(b)(1), 10-2036(b)(1), 10-2037(b)(1) 2 10-2071 1995-556-TC-101  2- 7-95 1 10-2083.2(n)(1)e. 2 10-2083.2(n)(1)e. 1995-568  3- 7-95 1 12-2043(b) 1995-573  3- 7-95 1 Rnbd 12-6002(p) as (q) Added 12-6002(p) 2 Added 13-5001—13-5008 1995-577  3- 7-95 1 Rpld 13-3004(d)(1) Rnbd 13-3004(d)(2) as (d)(1) Rnbd 13-3004(d)(3) as (d)(2) 2 13-3004(d)(1) 1995-582-TC-102  3-21-95 1 10-2083.1(b)(2) 1995-587-TC-103  3-21-95 1 Rpld 10-6121—10-6238 Added 10-6121—10-6138 2 Added 5-2041(note) 1995-591-TC-104  4- 4-95 1 10-2132.2(b)(5)d. 1995-592-TC-105  4- 4-95 1 Added 10-2081(b)(1)b.4. 1995-593-TC-106  4- 4-95 1 10-2071 1995-594-TC-107  4- 4-95 1 10-3014(b)(9) 2 10-3016 1995-595-TC-108  4- 4-95 1 10-2121(b) 1995-600  4- 4-95 1 12-2119(d) 2 12-2120(b) 1995-605-TC-109  4-18-95 1 10-2165(b) 2 10-2165(i)(3) 1995-607  4-18-95 1 11-2179(a) 1995-624  5- 2-95 1 8-2092(a) 1995-628-TC-110  5- 2-95 1 10-6039(c) 2 10-6039(d) 3 Rnbd 10-6039(h)—(p) as (i)—(q) 4 Added 10-6039(h) 1995-639  5- 2-95 1 12-2103(a) Added 12-2103(a)(1)—(6) 1995-659  6-20-95 1 Rpld 9-2023 1995-660  6-20-95 1 6-2021(a)(5), 6-2021(c)(1) 2 6-2021(b)(5) 3 6-2022(a) 1995-673-TC-111  7- 5-95 1 10-2103(a)(4) 2 10-2103(c)(6) 3 10-2144(b) 4 10-2145, 10-2145(list)(note) 5 10-2145(list)(note), 10-2145(b) 1995-674-TC-112  7- 5-95 1 Rpld 10-3022(h)(1) Added 10-3022(h)(1), (note) 1995-678  7- 5-95 1 12-1026(d) 1995-679  7- 5-95 1 Added 12-2103(a)(7) 1995-686  7-18-95 1 Rpld 12-4001 Added 12-4001 1995-669  7- 5-95 1 8-2094(b) 2 Added 8-2094(c) 1995-692-TC-113  8- 1-95 1 10-2031(b)(2), 10-2032(b)(2) 10-2035(b)(2)—10-2037(b)(2) 10-2040(b)(2)—10-2043(b)(2) 10-2045(b)(2)—10-2047(b)(2) 2 10-2071 3 10-2072 4 10-2072(b) 5 10-2088 6 10-2145(b) 7 10-2145(b) 1995-693-TC-114  8- 1-95 1 10-2085(b)(3) 1995-694-TC-115  8- 1-95 1 10-2072(b) 1995-695-TC-116  8- 1-95 1 10-2132.2(d) 2 10-2141(a)(1) 3 10-2165(c)(3) 4 10-3012(a) 1995-696-TC-117  8- 1-95 1 5-2034(a) 2 10-2076[map] 1995-697-TC-118  8- 1-95 1 10-2081(c)(3) 2 10-2081[map] 1995-714  9- 5-95 1 Added 11-2216 1995-734-TC-119 10- 3-95 1 10-2074(a)(7) 2 10-2074(b) 3 10-2074(c)(7) 4 10-2074(d)(5) 1995-736-TC-120 10- 3-95 1 10-6039(c) 2 10-6039(f) 1995-743 10-18-95 1 1-3002 1995-748-TC-121 10-18-95 1 10-2072(b) 1995-749 10-18-95 1 13-2010(d) 1995-760-TC-122[TC-20A-95]* 11-21-95 1 Rpld 10-3001—10-3006 Rpld 10-3011—10-3017 Rpld 10-3018—10-3025 Rpld 10-3041—10-3062 Rpld 10-3071—10-3074 Added 10-3001—10-3010 Added 10-3012—10-3017 Added 10-3020—10-3024 Added 10-3031—10-3034 Added 10-3041, 10-3042 Added 10-3051—10-3059 Added 10-3071—10-3074 1995-760-TC-122[TC-20B-95] 11-21-95 1—3 10-2002(b) 4 Rpld 10-2045(e)(5) Rnbd 10-20459(e)(6), (7) as (5), (6) Rpld 10-2058(e)(5)     *Note: Many of the Pt. 10, Ch. 3 sections repealed by Ord. No. 1995-760-TC-122[TC-20A-95] were removed to the Street, Sidewalk and Driveway Handbook, on file with the City Clerk. (For more detailed information, see the editor's note to Pt. 10, Ch. 3.) Rnbd 10-2058(e)(6), (7) as (5), (6) Rpld 10-2059(e)(5) Rnbd 10-2059(e)(6), (7) as (5), (6) Rpld 10-2060(e)(5) Rnbd 10-2060(e)(6), (7) as (5), (6) Rpld 10-2061(e)(5) Rnbd 10-2061(e)(6), (7) as (5), (6) 5 10-2054(f)(2)i.[x-ref] 6 10-2056(f)(3)b. 7 10-2057(b)(2)[x-ref] 8 10-2057(f)(4)c.2. 9 10-2057(f)(4)j.2. 10 10-2057(f)(4)j.3. 11 10-2072(b) 12 10-2073(c)(1)c. 13 10-2073(d)(4) 14 10-2074(a)(9) 15 10-2075(b) 16 10-2075(e) 17 Added 10-2075(e)[note g.10.] 10-2075(e)[note h.7.] 10-2075(e)[note j.] 10-2075(e)[note r.] 10-2075(e)[note p.] 10-2075(e)[note q.] 10-2075(e)[note t.] Added 10-2075(e)[note x.] 18 10-2081(b)(2)b. Rpld 10-2081(b)(2)b.1.—3. Rpld 10-2081[parking schedules] 19 10-2082.10(c)(1) 20 Added 10-2083.2(f)[x-ref] Added 10-2083.2(h)[x-ref] Added 10-2083.2(i)[x-ref] 21 Rpld 10-2083.2(h)(9) Rnbd 10-2083.2(h)(10) as (9) 22 Rpld 10-2083.2(i)(9) 23 10-2086(a) 24 Added 10-2086(b)[x-ref] 25 10-2101(b)(6)c.4. Rpld 10-2101(b)(6)e. Rnbd 10-2101(b)(6)f., g. as e., f. 26 10-2101(b)(7) 27 10-2101(b)(7) 28 Added 10-2101(b)(8) Added 10-2101(b)(9) 29 10-2103(c)(3)d.[x-ref] 30 10-2103(c)(5) 31 10-2103(d) 32 10-2103(e)(1)[x-ref], 10-2105(d)(1)b. 33 10-2105(b)(5)c. 34 10-2105(c)(1), 10-2105(c)(4) 35 Added 10-2108(g) Added 10-2122(e) 36 10-2108(a), 10-2122(a) 37 10-2108(f)[x-ref] 38 10-2109(h) 39 10-2109(b) 40 Rpld 10-2122(a)[x-ref] 41 10-2122(d)[x-ref] 42 Added 10-2132.2(d)(7)[x-ref] 43 Added 10-2132.2(f)(4)a. 44—46 10-2144(b) 47, 48 10-2145(b) 49 10-2146.5(a)[x-ref] 50 10-2165(b) 51 Pt. 10, Ch. 4[note] 52 10-4012[title] 10-4012 53 10-5003 54 10-5005(a)(1) 55 10-5006(a)(11)b.3. 56 10-5006(a)(11)d.6.[x-ref] 57 Pt. 10, Ch. 7[title] 58 10-7001(a) 59 10-7001(c)(2), 10-7001(c)(5), 10-7001(c)(11), 10-7001(e)(6), 10-7001(i)(4), 10-7001(j) 60 10-7001(c)(3), 10-7001(e)(5) 61 10-7001(f), (g) 62 Rpld 10-7001(h) Rnbd 10-7001(i)—(k) as (h)—(j) 63 10-7001(h)(5) 64 10-7001(h)(5)[x-ref] 65 10-7001[x-ref] 66 10-7002(e) 67 Added 10-7003 68 10-8002 69 10-8005(a) 1995-760-TC-122[TC-20C-95] 11-21-95 1 1-1021 2 6-1002(b)(7), (8) Added 6-1002(b)(13) 3 6-2012(a)(1)—(4) 4 60-2012(b)(1)—(3) 5 Rpld 6-2013(f) Rnbd 6-2013(d), (e) as (e), (f) Added 6-2013(d) 6 6-2014 7 6-2021(a)(5) 8 6-2021(b)(5) 9 6-2021(d) Rpld 6-2021(d)(5) Rnbd 6-2021(d)(6) as (5) 10 Rpld 6-2022(b)(5) Rnbd 6-2022(b)(6) as (5) 11 6-2032[x-ref, note] 12 7-2001(a)(2)[x-ref] 13 8-2001 14 8-2004, 8-2063(d) 8-2075[title], 8-2076[title], 8-2077[title] 15 8-2071[x-ref] 16 8-2075(b), 8-2076 17 8-2075(b)(1), (2) 18 8-2075(b)(3) 19 8-2075[note], 8-2076[note] 20 8-2076 21—23 8-2075(b)(1)—(3) 24 8-2076 25 Rpld 8-2077(a) Rpld 8-2077(b) Rnbd 8-2077(c), (d) as (a), (b) 8-2077(a) 26 8-2077(a), 8-2077(c), 8-2077[note] 27 14-1002 28 14-1002[x-ref] 29 14-1008(b) 30 14-1008(b)[x-ref] 31 14-1008(b)[st. law ref.] 1995-763 11- 8-95 1 12-5011(b) 1995-785 11-21-95 1 Rpld 12-6001—12-6004 Added 12-6001—12-6005 1995-572  3- 7-95 1 Added 5-2035(d) 2 5-2043 1995-623  5- 2-95 1 Added 12-4011 1995-788 12- 5-95 1 13-2010(a) 1995-792-TC-124 12- 5-95 1 Added 10-6058 1995-793-TC-125 12- 5-95 1, 2 10-2002 10-2144(b)(4) Added 10-2144(b)(6) 1996-808-TC-126  1-16-96 1—3 10-5004(a)(1)—(3) 4 Added 10-5004(a)(4) 5 10-5008 6 10-5009(b) 10-5013(a)(1), (2) 7, 8 10-5011, 10-5013(a)(1) 9 10-5012 10—12 10-5013(a)(1) 13 10-5013(a)(2) 14 Rpld 10-5013(a)(3) Rnbd 10-5013(a)(4) as (a)(3) 15 10-5013(c)(2) 16 Added 10-5013(d) 17 Rpld 10-6033(8)c. Rnbd 10-6033(8)d.—f. as c.—e. 18 10-6033(8)c. 19 10-6034(b)(8) 20, 21 10-6035(i) 22 14-1002 1996-809-TC-127  1-16-96 1 Added 10-6122(c)(14)b., c., r. 1996-814  2- 6-96 1 6-2022 2 6-2024 3 6-2025 1996-819  2- 6-96 1 Rpld 9-2001 1996-820  2- 6-96 1 11-2182(d) 1996-833  2-20-96 1 12-3004 1996-843  3-19-96 1 12-2119(d) 1996-851-TC-128  4- 2-96 1, 2 10-2002 3 10-2002, 10-2011(b)(1), 10-2011(b)(2)[3rd para], 10-2012(a), 10-2030(title), 10-2030, 10-2030(b), 10-2030(c), 10-2030(d)(1), 10-2071, 10-2073(c)(1)c., 10-2074, 10-2074(d), 10-2075(e), 10-2076(c)(3)b., 10-2076(a), 10-2082.9(b)(3), 10-2082.9(g)(1)b., c., 10-2083.2(m)(1)a., 10-2132.2(d)(7)f., 10-2132.2(d)(8)h., 10-2132.2(d)(9)f., 10-2132.2(f)(2)a.2., 10-2132.2(f)(2)e., 3., 10. 10-2132(f)(4)g., 10-2144(b), 10-7002(b) 4 10-2011(b)(1) 5 10-2012(a) 6 10-2030(c), 10-2045(c), 10-2053(c), 10-2058(c), 10-2059(c), 10-2060(c), 10-2061(c) 7 10-2045(d)(2) 8 10-2045(e)(2) 9 10-2053(d)(2), (d)(2)a., 10-2053(e)(4)c. Added 10-2053(e)(7) 10 Added 10-2058(e)(2)d. Added 10-2059(e)(2)d. Added 10-2060(e)(2)d. Added 10-2061(e)(2)d. 10-2058(e)(2)a.1., 10-2059(e)(2)a.1., 10-2060(e)(2)a.1., 10-2061(e)(2)a.1. 11 10-2059(d)(2) 12 10-2060(e)(2)c.3., 10-2061(e)(2)c.3. 13 10-2075(b) 14 10-2081(b)(1)b.2., 10-2082.1(c)(6) 15 Added 10-2082.1(c)(7) 10-2082.1(c)(8) 16 10-2082.5(c)(3) 17 10-2082.5(c)(5) 18 10-2082.5(e) 19 10-2082.5(f) 20 10-2082.6(c)(1) 21 10-2082.6(c)(5) 22 10-2082.6(c)(7) 23 10-2082.8(a)(2)e. 24 10-2082.9(b)(3) Rpld 10-2082.9(b)(3)a., b. 25 Added 10-2082.9(b)(5) 26 Added 10-2082.11 Added 10-2082.12 27 10-2132.2(d)(8)f., h. 28 10-2152(5)a. 29 10-3058(a) 30 10-3059(e) 31 10-6035(f) 32 10-7001(f) 33 10-7002(b) 1996-855-TC-129  4- 2-96 1 10-2015(b)(3)a. 2 10-2031(b)(3)a. 3 10-2071 4 10-2081(a) 5 10-2144(a) 6 10-2144(b) 1996-873  5- 7-96 1 8-2039 1996-877-TC-130  5- 7-96 1 10-2002 2 10-2015(b)(3)a., 10-2016(b)(3)a., 10-2017(b)(3)a., 10-2018(b)(3)a., 10-2019(b)(3)a., 10-2020(b)(3)a., 10-2021(b)(3)a., 10-2022(b)(3)a., 10-2023(b)(3)a., 10-2024(b)(3)a., 10-2025(b)(3)a. 3 10-2071 4 10-2072(b) 5 10-2144 6 10-2144(b) 7 10-2144(b) 1996-879  5- 7-96 1 Rnbd 12-2120(d) as (f) 2 12-2120(c) 3 Added 12-2120(d) Added 12-2120(e) 4 12-2123(a) 5 Rnbd 12-2123(b) as (c) Added 12-2123(b) 1996-891  5-21-96 2 8-2094(c) 1996-901-TC-131  5-21-96 1 10-2002 2 10-2032(e) 3 Added 10-2057(f)(4)k. 4 10-2083.1(a)(5) 5 10-2083.1(a)(6) 6 10-2083.1(b) 7 10-2083.1(h) 8—13 10-2083.2 14 10-2083.4(a)(2), 10-2084(a)(2) 15 10-2083.4(e) 16 10-2085(a)(2) 17 10-2144(b) 18 10-2145(b) 19 10-2146.3(a)(5) 1996-909-TC-133  6- 4-96 1 10-6039(h) 1996-910-TC-134  6- 4-96 1 5-2034(a) 2 10-2002 3 10-2043(d)(3) 4 10-2072(b) 5 10-2076 1996-911-TC-135  6- 4-96 1.a.—1.e. 10-6003(a)—(e) 1.f., g. Added 10-6003(g), (h) 2 10-6004, 10-6005 3 10-6006 4 10-6009 1996-922-TC-136  6-18-96 1 Added 10-2082.3(d)(4) 1996-924  6-18-96 1 12-2120(d) 1996-930-TC-137  7- 2-96 1 10-2083.1(b) 2 10-2083.1(b)[x ref.] 3 10-2083.1(b) 4 10-2083.2 5 10-2132.2(d)(5)j.3. 1996-931-TC-138  7- 2-96 1, 2 10-2002 3 10-2071 4 10-2072 5, 6 10-2072(b) 7 10-2082.9(e)(2)b. 8 10-2081 9, 10 10-2145(b) 11 10-8003(a) 1996-972-TC-139 10- 1-96 1 10-2076(c)(3)b.1. 2 Added 10-2076(c)(3)b.3. 1996-974-TC-140 10- 1-96 1 10-2011(c) 2 10-2161, 10-2162 3 10-2165(c)(2)a. 1996-991-TC-141 10-16-96 1 10-2073(b) Rpld 10-2073(d)(8) Rnbd 10-2073(d)(9) as (8) 2 Rpld 10-2075(b)(2)e. Rnbd 10-2075(b)(2)f., g. as e., f. 3 10-2075(e) 4 10-2081(b)(1)b.4. 5 10-2083.1(c)(2)d. 6 10-2105(a) 7 10-2105(b) 8 Rpld 10-2105(b)(2) Rnbd 10-2105(b)(3)—(11) as (2)—(10) 9 10-2105(b)(2) 10 Rpld 10-2105(b)(4)a., b. Rnbd 10-2105(b)(4)c. as a. 11 10-2105(b)(4)a. 12 10-2105(b)(4)a.1.—4. Added 10-2105(b)(4)a.5. Added 10-2105(b)(4)b. 14 10-2105(b)(5) 15 10-2105(b)(6) 16—18 Added 10-2105(b)(11)—(13) 1997-38  1-21-97 1 Added 7-3001(m) 2 Added 7-3005(a)(5) 1997-48-TC-143  2- 4-97 1 Rpld 10-2165(c)(2)b. 1997-49  2- 4-97 1 12-2156(a) 2 12-2157(a) 3 12-2159(a)(1) 1997-55  2-18-97 1 8-2039 1997-60-TC-145  2-18-97 1 Added 10-2082.5(c)(7) 1997-76  3- 4-97 1 11-2174 1997-81  4- 1-97 1 2-3003(a) 1997-86-TC-146  4- 1-97 1 10-3059(c) 1997-87-TC-147  4- 1-97 1 10-2081(a) 2 10-2081(a) 3 10-2081(a) 1997-88-TC-148  4- 1-97 1 10-2002 10-6121(c)(9) 1997-107-TC-149  5- 6-97 1 Added 10-6059 2 Added 10-6133 1997-133-TC-150  6- 3-97 1 10-2081(c)(3) 1997-134-TC-151  6- 3-97 1 10-2088 1997-135-TC-152  6- 3-97 1 10-6039(b) 2 Added 10-6044 1997-137-TC-153  6-17-97 1 10-2002 2 10-2002 10-2032(b)(1) 10-2035(b)(2) 10-2035(b)(3)b. 10-2035(d)(1)c. 10-2036(b)(2) 10-2036(b)(3)b. 10-2036(d)(1)c. 10-2037(b)(2) 10-2037(d)(1)b. 10-2040(b)(1) 10-2041(b)(1) 10-2042(b)(1) 10-2043(b)(1) 10-2045(b)(1) 10-2046(b)(1) 10-2047(b)(1) 10-2052(2)(d) 10-2057(d)(1)b. 10-2072 10-2072(b) 10-2081(c)(2)a. 10-2083.2 10-2141(a)(1) 10-2142(a)(1) 10-2144 10-2144(b) 10-2145(b) 3 10-2002 4 10-2002 5 10-2015(a)—10-2025(a) 10-2030(a)—10-2037(a) 10-2040(a)—10-2047(a) 10-2050(a)—10-2052(a) 10-2054(a) 10-2056(a) 10-2058—10-2061 6 10-2024(b)(2) 7 10-2024(b)(3)b. 8 10-2030(b)(1) 9 10-2030(c) 10 10-2030(d)(1) 11 10-2030(d)(2) 12 Added 10-2030(e)(4)—(6) 13 10-2032(b)(2) 14 10-2032(b)(3)b. 15 10-2035(b)(2) 10-2036(b)(2) 16 10-2035(b)(3)b. 10-2036(b)(3)b. 17 10-2036(b)(3)b. 18 10-2035(d)(1)[x-ref] 10-2036(d)(1)[x-ref] 10-2040(d)(1)[x-ref] 10-2041(d)(1)[x-ref] 10-2042(d)(1)[x-ref] 10-2043(d)(1)[x-ref] 10-2045(d)(1)[x-ref] 19 10-2045(b)(2) 20 10-2045(b)(3)b. 21 10-2046(b)(2) 10-2047(b)(2) 21 10-2046(b)(2) 10-2047(b)(2) 22 10-2046(b)(3)a. 10-2047(b)(3)b. 23 10-2046(b)(3)b. 10-2047(b)(3)b. 24 10-2046(c)[x-ref] 10-2047(c)[x-ref] 25 10-2051(b) 26 10-2051(b)[x-ref] 27 10-2051(d)(1)a. 28 10-2051(e)(1) Rpld 10-2051(e)(1)[x-ref] 29 Added 10-2051(e)(2) 30 Rnbd 10-2145(b)[maps] to 10-2051(e) 31 10-2053(a) 10-2055(a) 32 10-2053(e)(4)a. 10-2053(e)(4)b. 33 10-2053(e)(4)c. 34 10-2053(e)(5) 35 10-2055(b) 36 10-2055(d)(1)a., b. 39 10-2057(c) 40 10-2057(f)(3) 41 10-2058(b)—10-2061(b) 42 10-2058(e)(2)c.3. 43 10-2059(e)(2)c.3. 44 10-2060(e)(2)c.3. 45 10-2071 46 10-2072 47—51 10-2072(b) 52 10-2072 53, 54 10-2072(b) 55 10-2072 56 10-2072(b) 57 10-2074(a)(1) 58 10-2074(a)(2) 59 Rpld 10-2074(a)(7) Rnbd 10-2074(a)(8), (9) as (7), (8) 60 10-2074(b) 10-2074(b)(3) 10-2074(b)(5) 61 10-2074(c)(7) 62 10-2074(d)(1) Rpld 10-2074(d)(5) Rnbd 10-2074(d)(6) as (5) 63 10-2075(b) 64 10-2075(b) 65 10-2075(b) 66 10-2075(b)g. 67 10-2075(e) 68 10-2075(e)i.[ft. note] 69 10-2075(e)r.[ft. note] 70 10-2075(e)u.[ft. note] 71 Added 10-2075(e)y.[ft. note] 72 10-2076(a) 73 10-2076(b) 74 10-2076(c)(3) 75 10-2081(a) 76 10-2081(c)(7)a. 77 10-2082.9(e)(1)f. 78 Rnbd 10-2082.9(e)(1)l.—o. as n.—q. Added 10-2082.9(e)(1)l., m. 79 Rpld 10-2082.9(e)(2)e. Rnbd 10-2082.9(e)(2)f.—i. as e.—h. 10-2082.9(e)(2)e. 80 10-2082.10[worksheet] 81 10-2082.2(7) 82 10-2083.2(1) 83 Rpld 10-2083.2(1)a. Rnbd 10-2083.2(1)b.—d. as a.—c. 84 10-2089 85 Added 10-2090 Added 10-2091 86 10-2103(h) 10-2107(c) 87 10-2108(f) 88 10-2121 10-2121(b) 10-2121(c) 89 Added 10-2123(d) 90 10-2123(c) 91 10-2124(a)(2) 10-2124(c)(1)—(3) 10-2124(c) 92 10-2132.2(a) 93 Rnbd 10-2132.2(e)—(h) as (h)—(k) 10-2132.2(b)—(d) Added 10-2132.2(e)—(g) Rpld 10-2132.2(i)(4) 94 10-2132.2(i)(2)a. 95 10-2132.2(i)(2)a.2. and c. 96 10-2132.2(i)(2)e.3. and (2)e.10. 97 10-2132.2(i)(3)j. 98 10-2132.2(i)(3)p. 99 10-2132.2(j) 10-2132.2(j)(1) 10-2132.2(j)(7) 100, 101 10-2144 102, 103 10-2144(b) 104 10-2144 10-2144(b) 105 10-2145 10-2145(b) 106 Added 10-2146.2(a)(11) 107 Rpld 10-2146.3(a)(5) Rnbd 10-2146.3(a)(6)—(8) as (5)—(7) 108 10-2146.3(a)(7) 109 10-2146.5(a) 110 10-2165(d)(4) 111, 112 10-3003 113 10-3004 114 10-3005(a)(7) 10-3005(b)(7) 10-3005[x-ref] 115 10-3013(b)(1) 10-3013(b)(1)a. 10-3013(b)(1)b. Added 10-3013(b)(1)e. 116 10-3013(b)(2)a. 117 Rpld 10-3013(b)(3)a. Rpld 10-3013(b)(3)h. Rnbd 10-3013(b)(3)b.—g. as a.—f. Added 10-3013(b)(3)g. 118 10-3013(c)(2) 119 Rpld 10-3013(c)(4)a. Rnbd 10-3013(c)(4)b.—e. as a.—d. 120 10-3013(c)(4)a.1. 121 10-3013(c)(4)a. 122 Rpld 10-3015 Added 10-3015 123 Rpld 10-3016 124 10-3017(b)(1) 125 10-3032(c)(1) 126 10-3032(d) 127 10-3051(b)(6) 128 10-5006(a)(11) 129 10-5006(a)(11)a. 10-5006(a)(11)a.1. 130 10-5006(a)(11)a.2.(i) 131 10-5006(a)(11)a.3. 132 10-5006(a)(11)a.4. 10-5006(a)(11)a.4.(ii) 133 10-5006(a)(11)b.[title] 134 10-6032(g)(5) 135 10-8003(b)(5) 1997-138-TC-154  6-17-97 1 Rpld 10-3032(d) Rnbd 10-3032(e) as (d) 2 10-3005 3 Rpld 10-3013(b)(1)b. Rnbd 10-3013(b)(1)c., d. as b., c. 4 Rpld 10-3013(b)(3)h. 1997-148  6-17-97 1 12-2120(c) 2 12-2120(d) 3 12-2120(e) 1997-149  6-17-97 1 12-2121(c) 1997-112  5-20-97 1 8-2092(a) 1997-113  7- 1-97 2 8-2094(c) 1997-154  7- 1-97 7-3005(d)(2) 1997-170-TC-155  8- 5-97 1 10-3013(c)(2)¶ 2 10-3013(c)(2)c. 1997-164  8- 5-97 8-2039 1997-182  9- 2-97 1 13-2016 1997-187-TC-156  9- 2-97 1 10-6122(c)(14)c. 1997-196  9- 2-97 1 12-3014(a) 2 12-3017(a) 1997-219-TC-157 10-21-97 1 10-5006(a)(7)b. 2 10-5011 3 10-5013(a)(1) 4 10-6039(d) 1997-220-TC-158 10-21-97 1, 2 10-2002 1997-241 11-18-97 1 12-2120(c) 1997-242-TC-159 12- 2-97 1 10-6007 1997-248-TC-160 12- 2-97 1 10-2071 2 10-2072(1)b., c. 3 10-2072(2)b., c. 1997-249-TC-161 12- 2-97 1 Rpld 10-6079(b) 2 Rpld 10-6096(b) 3 Rpld 10-6106(b) 1998-258  1- 6-98 1 8-2092 1998-276-TC-162  2- 3-98 1 10-4002 1998-283-TC-163  2-17-98 1—3 10-2075(e) 1998-301-TC-164  4- 7-98 1 10-2071 1998-302-TC-165  4- 7-98 1 10-2002 1998-303-TC-166  4- 7-98 1 10-2002 1998-305  4- 7-98 1 Added 13-3011(c) 2 13-3011(a) 1998-309  4-21-98 1 12-4011(title) 2 12-4011 1998-315  4-21-98 1, 2 6-2024 1998-327  5- 5-98 1 Added 12-2120(g) 2 Added 12-2120(h) 3 Added 12-2120(i) 6 Added 12-2120(note) 1998-334  6- 2-98 1 8-2092(a) 1998-335  6- 2-98 1 8-2094(c) 1998-336  6- 2-98 1 8-2039 1998-340  6- 2-98 1 8-2123(a) 2 Added 8-2123(b) 1998-359  6-11-98 1 8-2112(17) Added 8-2112(18), (19) 2 8-2124(a)(4),(5) 1998-360  6-11-98 1 Added 8-2040 1998-361  6-11-98 1 7-2001 2 7-2001(c) 3 Added 7-2001(c)(3) 4 7-2001(e)(2) 5 7-2001(h) 6 7-2001(i) 1998-370-TC-167  7- 7-98 1 10-2035(b)(3)b. Added 10-2035(b)(3)b. [note] 2 10-2035(d)(1)b. 3 10-2036(b)(3)b. Added 10-2036(b)(3)b. [note] 4 10-2036(d)(1)b. 5 10-2041(b)(3)b. Added 10-2041(b)(3)b. [note] 6 10-2041(d)(1)b. 7 10-2045(b)(3)b. Added 10-2041(b)(3)b. [note] 8 10-2045(d)(1)b. 9 10-2046(c) 10 10-2047(c) 11 10-2051(e)(2)b.5. 12 10-2071 13 10-2073(b) 14 10-2073(c)(2)[note] 15 10-2073(d)(1) 16 10-2075(e) 17 10-2082.9(e) 18 10-2082.9 19 10-2083.1(b) 20 10-2101(b)(7) 21 10-2101(b)(8)[x-ref] 22 10-2102(f) 24 Rnbd 10-2103(h) as (i) 10-2103(i)[x-ref] 23 Rpld 10-2103(a)—(g) Added 10-2103(a)—(h) 25 10-2107(a) 26 10-2107(c) 27 10-2108(c)(1) 28 Added 10-2132.2(c)(1)g., h. 29 10-2132.2(e) 30 10-2144(b)(1) 31 10-2145 10-2145(b) 32 10-2146.1[x-ref] 33 10-3032(c)(1) 34 10-3071(b)(5)a. 35 10-3071(b)(5)b. 36 10-3071(b)(6) 37 10-3072(b)(2) 38 10-3072(b)(3) 39 10-3074(e)(3)[x-ref] 1998-377  7-21-98 1 Rpld 6-2024(c) 2 Added 6-2024(c)—(g) 3 6-2024 4 Rpld 6-2031 1998-383-TC-168  8- 4-98 1 10-2083.1(b)e. 1998-384-TC-169  8- 4-98 1 10-3013(c)(2) 2 10-3013(c)(2)c. 1998-385-TC-170  8- 4-98 1 10-2024(d)(2) 2 10-2075(b) 1998-386-TC-171  8- 4-98 1 10-6003(a) 1998-414  9-15-98 1, 2 8-2112 1998-421 10- 6-98 1 8-2148(a) 1998-430 10- 6-98 1 6-2024 1998-431-TC-172 10-11-98 1 10-2072(b) 1998-439 10-21-98 1 9-2025 1998-440 10-21-98 1 9-2025 2 Rltd 9-2022(b)—(d) as (c)—(e) Added 9-2022(b) 1998-454 11- 4-98 1 1-1026(a) 2 1-1036 3, 4 1-3001, 1-3002 5 2-1002(c) 6 Pt. 4(title) 7 4-1002 8 6-1002(b)(11) 10 Rnbd 7-2001—7-2008 as 11-6001— 11-6008 9 Rpld 7-1001, 7-1002, 7-3001—7-3005 Added 7-1001, 7-1002, 7-2001—7-2005 Rnbd 7-3006, 7-3007 as 7-2006, 7-2007 11 Rnbd 7-1002(b) as 11-1003(d) 12 Rnbd 7-3005(c)(3) as 12-1040 13 Added 9-1003(l) 14 Added 9-1002(7)—(9) 15 9-5002(c) 16 Pt. 9, Ch. 6(title) 17 11-2175(e) 18 11-2245(b) 19 12-1002, 12-1003 12-1005(b)(1) 12-1022(a) 12-3068 12-6002(n) 12-6004(b)(9) 1998-460 12- 1-98 1 11-6001(c)(3) 1998-465-TC-173[TC-13-98] 12- 1-98 1 10-6039(f) 1998-466-TC-174[TC-16-98] 12- 1-98 1 10-2072(b) 1998-470-TC-175[TC-12-98] 12- 1-98 1 10-5006(a)(2) 1998-471 12- 1-98 1 12-2120(g)(2) 1999-482  1- 5-99 1 12-1001(a)(1) 2 12-1022(a) 1999-486-TC-176[TC-15-98]  1- 5-99 1 10-2165(c)(1) 2 10-2165(c)(3) 3 10-2165(d)(1) 4 Added 10-2165(d)(1)e. 5 10-2165(d)(4) 6 Added 10-2165(d)(6) 7 Rpld 10-2165(e) Rnbd 10-2165(f)—(i) as (e)—(h) 8 10-2165(h)(3) 1999-489-TC-177[TC-14-98]  1- 5-99 1 10-2071 2 10-2072 10-2072(b) 1999-536-TC-177  4- 6-99 1 10-2141(a)(1) 2 10-2141(a)(8) 1999-538  4- 6-99 1 Added 12-5007(p) 1999-539  4- 6-99 1 Rpld 12-2118—12-2123 Added 12-2118—12-2125 1999-544  4-20-99 1 5-2031(a) 1999-545  4-20-99 1 8-2092(a) 1999-550  5- 4-99 1 8-2094(c) 1999-557  5- 4-99 1 8-2039 1999-558  5-18-99 1 8-2005 1999-570-TC-178[TC-5-99]  6- 1-99 1 10-2144(b)(9) 1999-598-TC-180  7- 6-99 1, 2 10-6039(d), (e) 3, 4 10-6039(n), (o) 5 Added 10-6039(r) 1999-616-TC- 181[TC-3-99]  8- 3-99 1 10-2002 2 10-2011(b)(1) 3 10-2015(b)(3)b. 10-2016(b)(3)b. 10-2017(b)(3)b. 10-2018(b)(3)b. 10-2019(b)(3)b. 10-2020(b)(3)b. 10-2021(b)(3)b. 10-2022(b)(3)b. 10-2023(b)(3)b. 10-2024(b)(3)b. 10-2025(b)(3)b. 4 10-2032(d)(1)c. 5 10-2035(b)(3)a. 10-2036(b)(3)a. 10-2037(b)(3)a. 6 10-2035(d)(1)c. 10-2036(d)(1)c. 7, 8 10-2036(d)(2) 9 10-2043(d)(3) 10 10-2045(d)(2) 11 10-2051(c) 12 10-2053(e)(6) 13 10-2054(c) 14 10-2054(e)(5) 15 10-2056(d)(1) 16 10-2057(a) 17 10-2057(b)(2) 18 10-2057(f)(4)b.2. 19 10-2057(f)(4)a. 20 10-2057(f)(4)b.4. 21 10-2058(d)(1)c. 22—27 10-2071 28 10-2072 29—39 10-2072(b) 40 10-2073(c)(3)b. 41 10-2074(b)(3) 42 10-2075(b) 43, 44 10-2075(c)(3)a., b. 45, 46 10-2075(d)(4), (5) 47, 48 10-2075(e) 49 10-2076(a) 50 Added 10-2076(c)(5) 51—53 10-2081(a) 54 10-2081(a)(2)b. 55 10-2082.2 56 10-2082.6(a)(2) 57 10-2082.11(b)(2) 58 10-2082.12(f) 59 10-2083.2 60 10-2101(b)(6)c. 61, 62 10-2107(b)(2)a., b. 63 10-2123 64 Added 10-2132.1(a)(2)c. 65 10-2132.1(a)(4) 66 10-2132.2(b) 67 10-2132.2(b)(2) 68 10-2132.2(c)(1)b. 69, 70 10-2132.2(c)(1)c. 71 10-2132.2(c)(1)e. 72 Added 10-2132.2(c)(1)i. 73 10-2312.2(d)(2) 74 10-2312.2(g) 75—78 10-2132.2(i)(2) 79 10-2312.2(i)(3) 80 10-2144(b) 81 10-2144 82 10-2144(b) 83—86 10-2165(b) 87 10-2165(g) 88 10-3003 89 10-3005(a)(1), (b)(1) 90 10-3009(b)(1) 91 10-3013(a)(2) 92, 93 10-3013(c)(2) 94 Added 10-3017(b)(34), (35) 95 10-3024(b)(2) 96 10-3032(d)(5) 97 10-3071(b)(3)c. 98 10-3072(b)(2) 99 10-3073(c)(2) 100 10-8003(a) 1999-617-TC- 182[TC-10-99]  8- 3-99 1 Added 10-2082.6(c)(9) 1999-618-TC- 183[TC-13-99]  8- 3-99 1 10-7002(d) 1999-619  8- 3-99 1 6-2015(a)(4) 1999-630-TC- 184[TC-12-99]  9- 7-99 1 10-6081(c)(1) 1999-647-TC- 185[TC-7-99] 10- 6-99 1 10-3003 10-3071(a)(2) 10-3072(a)(2) 2 10-3014(c)(1) 3 10-3042(a) 4—7 10-3071(b)(9) 8 10-3071(b)(10)d. 9 10-3072(b)(6), (7) 10 10-3072(b) 11 10-3073(b) 12 10-3073(b)(10), (11) 13, 14 10-3073(b) 15 10-5007(c) 1999-658 10-19-99 1 8-2012 2 Added 8-2015 1999-672 11- 3-99 1 8-2112 2 8-2119(b)(3) 1999-673 11- 3-99 1, 2 8-2112, 8-2113 3 8-2113(b) 4—7 8-2140.5—8-2140.8 1999-683 11-16-99 1 Added 8-2034(e) 1999-690-TC- 186[TC-9-99] 11-16-99 1 Added 10-2057(b)(3) 2 Rnbd 10-2057(f)(2)p. as q. Added 10-2057(f)(2)p. 1999-691 11-16-99 1 12-2024(b) 2, 3 12-2025 4 12-2030 5 Added 12-2030(d) 6 12-2040 7 12-2060(b) 8 12-2082(a)(2) 9, 10 12-2082(b)(2), (3) 11 12-2082(b)(5) 12 12-2085(b), (c) 13 12-2086(c)—(g) 14 12-2091 1999-696-TC-187 12- 7-99 2 10-6122(c)(14)c. 2000-732-TC-188[TC-17-99]  2-15-00 1, 2 10-2071, 10-2072 3 10-2072(b) 4—8 10-2072(b) 9 Added 10-2132.1(e) 10—15 10-2145(b) 2000-734-TC-189[TC-2-00]  2-15-00 1 2-3001(c)(3)b. 8-2006(i) 8-2148(b) 10-2001[x-ref] 10-2002 10-2011(b)(2 10-2015(b)(2) 10-2015(c) 10-2016(b)(2) 10-2016(c) 10-2017(b)(2) 10-2017(c) 10-2018(b)(2) 10-2018(c) 10-2019(b)(2) 10-2019(c) 10-2020(title) 10-2020(b) 10-2020(b)(note) 10-2020(b)[x-ref] 10-2020(c) 10-2021(b)(2) 10-2021(c) 10-2022(b)(2) 10-2022(c) 10-2023(b)(2) 10-2023(c) 10-2024(b)(2) 10-2024(c) 10-2025(b)(2) 10-2025(c) 10-2030(c) 10-2031(c) 10-2032(c) 10-2035(c) 10-2036(c) 10-2037(c) 10-2040(c) 10-2041(c) 10-2042(c) 10-2043(c) 10-2045(c) 10-2046(c) 10-2047(c) 10-2051(d)(2)[x-ref] 10-2071, 10-2072 10-2072(b) 10-2073(b) 10-2073(c)(2) 10-2073(e) 10-1074(b)(2) 10-2075(e) 10-2081 10-2081(b)(1)b.4. 10-2081(b)(2) 10-2083.2 10-2088 10-2088[x-ref] 10-2091 10-2105(a)—(e) 10-2105(b)(3)[x-ref] 10-2105(e)[x-ref] 10-2106(a)—(c) 10-2106(b)(4)[x-ref] 10-2106(c)[x-ref] 10-2144(b) 10-2146.2(a)(6) 10-2146.3(a)(5) 10-3022(d)(2)a. 10-3024(b)(1) 10-3059(b) 10-3073(c) 10-3074(title) 10-3074(a)—(c) 10-4003(a) 10-6171(b), (c) 10-6172(c)(1), (2) 10-8002 10-8003(a) 10-8003(b)(3) 2 8-2092(a) 10-2001[x-ref] 10-2002(b) 10-2032(c) 10-2072(b) 10-2081(b)(1)b.4. 10-2081(b)(2)a. 10-2082.9(e)(1)f. 10-2083.1(c)(2)d. 10-2101(a) 10-2101(b)(3) 10-2105(a), (b) 10-2106(a), (b) 10-2108(e) 10-2146.2(a)(6) 10-2146.2(a)(6)[x-ref] 10-3003 10-3071(a)(1) 10-3071(a)(2)b. 10-4008[x-ref] 10-6039(d) Pt. 10, Ch. 6, Art. I(title) 10-6171(a) 10-6171(d) 10-6172(c)(1), (2) 4 10-6023(c) 5 10-8002 2000-737  2-15-00 1 12-2043(a)(1) 2000-740-TC-190[TC-1-99]  2-18-00 1 10-2055(c) 10-2055(d)(3) 2 10-2055(e)(1) 3 10-2055(e)(2)—(4) 4, 5 10-2055(e)(5), (6) 6 10-2055(e)(7)d. 7 10-2055(e)(9), (10) 8 10-2055(f) 10-2055(f)(2) 9 10-2081(c)(4)a. 2000-746-TC-191[TC-4-00]  3- 7-00 1 10-4017(a)(1) 2 10-5006(a)(3) 3 10-5006(a)(4)a. 4 10-5006(a)(4)c. 5 10-5006(a)(5) 6 10-5006(a)(6)a. 7 Added 10-5006(a)(14) 8 10-5006(a)(10)[st. law ref.] 9 10-5007(a) 10 10-5008 11 10-5009(b) 10-5011 12 10-5011 13 10-5013(a) 14 Rltd 10-5013(a)—(d) as (c)—(e) Added 10-5013(b) 15 Rnbd 10-5014, 10-5015 as 10-5015, 10-5016 Added 10-5014 16 10-6032(g)(1)b. 17 10-6032(g)(2) 18 10-6032(g)(5) 19, 20 10-6033(a)(8)b., c. 2000-747  3- 7-00 1 12-1006 2000-754-TC-192[TC-14-99]  3-21-00 1 10-2081(c)(3) 2000-781-TC-193[TC-3(a)-00]  4-18-00 1 10-2132.2(c)(1)b. 2 10-2132.2(d) 3 10-2132.2(i)(2)a. 4 Added 10-2132.2(i)(2)g., h. 2000-786-TC-194[TC-1-2000]  5- 2-00 1 7-2004(a) 2 7-2005(b)(1)—(3) 3 10-2101(b)(9) 4 10-2103(f) 5 10-2105(c)(5) 6 10-6122(d)(7), (8) 7 14-1002[x-ref] 2000-793  5- 2-00 1 12-2119(note) 2000-794  5-16-00 1 8-2094(c) 2000-795  5-16-00 1 8-2092(a) 2000-800  5-16-00 1 12-1001(a)(1) 2 12-1001(a)(1)[x-ref] 2000-804-TC-195[TC-11-99]  5-16-00 1 10-2082.5(a) 2 Added 10-2082.5(d)(6) 3 10-2082.12(b) 4 10-2082.12(d) 2000-805  6- 6-00 1 8-2005 2000-830  7- 5-00 1 Rnbd 6-2024(3), (4) as (4), (5) Added 6-2024(3) 2000-831  7- 5-00 1 8-2039 2000-843  7-18-00 1 12-3004 2000-848  7-18-00 1 Added 13-3017 2000-851-TC-196  8- 1-00 1 10-6039(d) 2000-852-TC-197[TC-6-00]  8- 6-00 1 10-2051 2000-881 10- 3-00 1 Added 11-3009 2000-905 12- 5-00 1 6-2021(a)(5) 2 6-2021(b)(5) 3 6-2021(c)(1) 4 6-2022(a) 2000-912-TC-198[TC-10-00] 12- 5-00 1 10-6128 2000-913-TC-199[TC-11-00] 12- 5-00 1 Added 10-5005(c) 2 10-5013(a)(1) 3 10-6032(g)(6) 2000-914-TC-200[TC-12-00] 12- 5-00 1 10-2075(a) 2 10-2075(c) 3 10-3032(c)(1) 4 10-3032(d)[x-ref] 2001-16-TC-207[TC-7-01]  6- 5-01 1 10-2017(b)(1) 10-2018(b)(1) 10-2019(b)(1) 10-2020(b)(1) 2 10-2071 2001-26-TC-208[TC-5-01]  6-19-01 1 10-2002(b) 10-1052—1055 10-2051(e)(2)c.5. 10-2052 10-2072 10-6035(h) 10-6180 10-6181 2 10-2052(e)(4) 3 10-2075(b) 4 10-2075(d)(3) 5 10-2075(e) 6 10-2076(a) 7 10-2076(c) 8 10-2081(b)(1)b. 9 10-2083.1(b) 10 Dltd 10-7001(h)[x-ref] Added 10-7001[x-ref] 2001-27-TC-209[TC-9-01]  6-19-01 1 10-6039(f) 2 10-6039(g) 2001-44  7-17-01 1 12-2084(c) 2001-56  7-17-01 1 Added 11-2207(b)(10) 2001-67  9- 4-01 1, 2 6-2021(a)(5) 6-2021(b)(5) 2001-88  8- 7-01 1 2-4004 2001-90 10- 2-01 1 5-2034(a) 2001-108 11- 7-01 1—3 Added 11-2134—11-2136 2001-123-TC-210[TC-3-01] 11-20-01 1 10-2089 2 10-2146.1 III. 3 10-2146.5(a) 2001-928  1-16-01 1 Added 9-5007(e) 2001-933-TC-201[TC-7-00]  2- 6-01 1 10-2076(c)(3)a. 2 10-2075(c)(3)d. 3 Added 10-2076(c)(6) 4 10-2082.9(e)(1)e. 2001-934-TC-202[TC-2-01]  2- 6-01 1 10-2002 2 10-2081(a) 3—5 10-2124(a)—(c) 2001-935  2- 6-01 1 12-2131 2 Rpld 12-2132—12-2145 3 Added 12-2132—12-2144 4 Rpld 2-2016(c)(7), (8) 2001-945-TC-203[TC-9-00]  2-20-01 1 10-2081(a) 2001-948-TC-204[TC-13-00]  2-20-01 1 10-2105(a) 2—4 10-2105(b)(12) 2001-961  3-20-01 1 Rpld 12-4002—12-4004, 12-4008, 12-4010, 12-4011 2 Added 12-4002 2001-970  4- 3-01 1 Rnbd 13-2031(c) as (d) Added 13-2031(c) 2001-973  4- 3-01 1 Added 11-2185 2001-990  4-17-01 1 12-2120(a)(5)(d) 2001-991-TC-206[TC-8-00]  5- 1-01 1 Added 10-9001—10-9009, 10-9021—10-9028, 10-9041—10-9044 2, 3 10-2002(b) 4 10-2030(d)(2)b. 5, 6 10-2053(d)(2)a.. b. 7 10-2056(e)(2) 8 10-2075(b)(2)f. 9 10-2075(e) 10 10-2132.2(i)(2)a.1. 11 10-3005[x-ref] 12 10-3013(a)(2)[x-ref] 13 10-3017(b) 14 10-3051(b)(3) 10-3051(b)[note] 15 Added 10-3051(d) 16, 17 10-3051(b)(6), (7) 18, 19 10-3052(b) 20 10-3052[x-ref] 21 10-3053(c), (d) 10-3053[x-ref] 10-3053[note] 22 10-3058(b) 10-3058(b)[note] 23 10-5003 24 10-5004(a)(2) 25 10-5006(a)(1) 26 10-5006(a)(10) 10-5006(a)(10)[x-ref] 27, 28 10-5006(a)(11)a. 29—31 10-5008 32 10-6032(g)(1)b. 33 10-6032(g)(2) 34 Rltd 10-6032(k) as (l) Added 10-6032(k) 35 10-6033(a)(8)c. 36 Added 10-6033(a)(9) 37 10-6035(f) 38 10-6039(d) 39 Added 10-6040(h) 2001-992  5- 1-01 1 8-2094(c) 2001-993  5- 1-01 1 8-2039 2001-994  5- 1-01 1 8-2092(a) 2002-140-TC-211[TC-14-01]  1- 2-02 1 10-2132.2(c)(1)h. 2 10-3003 3 10-3032(d)(3) 2002-149-TC-212[TC-12-01]  1-15-02 1 10-2002 10-2082.2 2, 3 10-2082.3(d)(4) 4 10-2082.5(c)(3) 5 10-2082.5(d)(3) 6 11-6008(b) 2002-152-TC-213[TC-13-01]  2- 5-02 1—3 10-2109(d) 2002-154-TC-214[TC-1-02]  2- 5-02 1 10-2072(b)(2) 2 10-2103(e) 2002-162  2-19-02 1 9-2025 2002-181-TC-215[TC-7-02]  4- 2-02 1 10-6032(g)(5) 2 10-2132.1(a) 2002-192-TC-517[TC-4-02]  4-16-02 1, 2 10-2165(b) 3 10-2165(d)(4) 4 10-2132.2(c)(3) 10-3013(b)(3) 5 10-3013(b)(3) 2002-194  4-16-02 1 12-4007 2002-195  5- 7-02 1 8-2092(a) 2002-196  5- 7-02 1 8-2061 2002-197  5- 7-02 1 8-2040 2002-198  5- 7-02 1 8-2039 2002-199  5- 7-02 1 8-2094(c) 2002-200  5- 7-02 1 8-2005 2002-203-TC-218[TC-5-02]  5- 7-02 1 10-2002(b) 2 10-2082.8(a) 3 10-2082.9(e)(1) 4, 5 10-2082.9(e)(2) 6 Added 10-2092 2002-204-TC-219[TC-6-02]  5- 7-02 1, 2 10-2103(c)(1), (2) 3 10-2103(c)(5) 4 10-2103(h) 5 10-2132.2(e) 2002-206  6- 1-02 1, 2 9-5004(b) 2002-207  5-21-02 1 5-2034(a) 2002-216-TC-220[TC-9-02]  6- 4-02 1 10-2081(a) 2002-217-TC-221  6- 4-02 1 10-6012 2002-218  6- 4-02 1 Rpld 9-7021 2002-234  6-18-02 1 4-2002(a)(2) 4-2004(a)—(h) 2 4-2005(a) 2002-235  6-18-02 1 11-4002 2002-240-TC-222[TC-8-02]  6-18-02 1 10-2132.2(c)(1) 2002-248-TC-223[TC-11-02]  7- 2-02 1 10-2085(b)(3) 2 Added 10-2085(b)(4), (5) 2002-265-TC-224[TC-13-02]  8- 6-02 1 10-2144(b) 2002-266-TC-225[TC-14-02]  8- 6-02 1—9 10-6039 2002-267  8- 6-02 1 12-2119(d) 2002-277  9- 3-02 1 13-2010 2002-290  9-17-02 1, 2 7-2004 2002-297-TC-226[TC-20-02] 10- 1-02 1 10-2082.1 2 10-2082.5 3 10-2082.8 2002-298-TC-227[TC-15-02] 10- 1-02 1 10-3053(d) 2 10-4002 3 10-6023 2002-309-TC-228[TC-17-02] 10-15-02 1 10-2132.2 2 10-2165 3 10-3013 4, 5 10-3014 2002-310-TC-229[TC-18-02] 10-15-02 1—3 5-2040 4, 5 5-2043 6 Added 5-2044 7 Added 5-2045 2002-320-TC-230[TC-19-02] 11- 6-02 1, 2 10-5006 2002-331 11-19-02 1 12-6003 2002-332 11-19-02 1 12-2082 2002-346 12-18-02 1 5-2004 2002-350 12-18-02 1 Added 12-7015 2002-351 12-18-02 2, 3 13-4001 3, 4 13-4002 5—9 13-4003 2003-373-TC-231[TC-23-02]  2- 4-03 1 10-2002 2 10-2011(b)(1) 3 10-2036(d)(3) 4 10-2052(e)(3) 5 10-2055(e)(9), (10) 6 10-2057(f)(2) 7 10-2057(f)(2) 10-2057(f)(4) 8—10 10-2071 11 10-2072(b) 10-2144 12, 13 10-2072(b) 14, 15 10-2073(b) 16 10-2073(c)(2) 17—19 10-2075(e) 20—22 10-2076(a) 23 10-2058(e)(2) 10-2059(e)(2) 10-2060(e)(2) 10-2061(e)(2) 10-2082.5(f)(2) 24 10-2082.6(c)(5) 25 10-2082.9(f)(2) 26 10-2082.11(a)(8) 27 10-2083.1(b) 28 10-2083.1(b)(1)[x-ref] 29 10-2083.1(g)[x-ref] 30 10-2083.1(h) 31—33 10-2083.2 34 10-2090(3) 35, 36 10-2103(h), (i) 37 10-2107(c) 38 10-2132.2(c)(1)g. 39 10-3052(a)[note] 40 10-5006(a)(11)c. 41 10-5006(a)(11)c.3.[note] 42 10-6032(g)(5) 43 10-6033(a)(8) 44 10-9006(a)(1), (2) 45 10-9025(c) 46 10-9027(b) 47 10-9028 48 10-9044(c) 2003-374-TC-232[TC-24-02]  2- 4-03 1, 2 10-2074 2003-375-TC-233[TC-2-03]  2- 4-03 1 10-6001 10-6002(a) 2—8 10-6003 9—12 10-6004—10-6007 13 10-6009 14—22 10-6010 23 10-6011 10-6022(a) 24 10-6021 25 10-6023 26 10-6024(a)(2)b. 27 10-6024(b)(3) 28 10-6031 29 10-6032(a)—(e) 30 10-6033(1)—(5) 31 10-6034(b) 32 10-6035(c), (d) 10-6038 10-6040 10-6042 33 10-6037(a) 34 10-6039(h) 35 10-6079 36 10-6095(b) 37 10-6096 38 10-6101(b) 39 10-6103(b) 40 10-6106 2003-376-TC-234[TC-3-03]  2- 4-03 1 10-2165(b) 2003-388  2-18-03 1, 2 12-6003(a) 3 12-6003(b) 2003-390  2-18-03 1 11-2184 2 Added 12-2030(e) 3 12-2082(a)(8) 2003-394-TC-235[TC-21-02]  3- 4-03 1 10-2132.2(b) 2 10-3071(b)(3)c. 2003-396  3- 4-03 11-2025(a) 2003-397  3- 4-03 1 13-4003(a) 2003-400  3-18-03 1 12-3004 2003-409  3-18-03 1 12-2024(b)(1) 2003-410  3-18-03 1 12-2105(d) 2003-411  3-18-03 1 Added 12-3009 2003-412  3-18-03 Added 13-3008 2003-417-TC-236[TC-7-03]  4- 1-03 1 10-3013(c)(2) 2003-432[TC-1-03]  4-15-03 1—3 10-9002 4 10-9006(e) 5 10-9008(b) 6 10-9021(1), (2) 7, 8 10-9023(b)(1), (2) 9 10-9024(b) 10-9044(b) 10, 11 10-9025(b), (c) 12 10-9026(a) 13, 14 10-9027(b) 15 10-9027(c) 16, 17 10-9027(c)(2), (3) 18 10-2072(b) 19 10-3003 10-3071(a)(2)c. 10-3072(a)(2)c. 20 10-3003 10-3071(a)(2) 21—25 10-3017(b) 26 10-3051(c) 27 Added 10-3051(e) 28 Added 10-3073(a)(6) 29 10-3073(b)[x-ref] 30—33 10-5007(c) 2003-433  4-15-03 1 Rpld 12-3069, 12-3070 2 Added 12-3069 2003-434  5- 6-03 1 11-2135(c) 2, 3 11-2136(a), (b) 2003-435  5- 6-03 1 5-1003 2003-436  5- 6-03 1 8-2092(a) 2003-437  5- 6-03 1 8-2094(c) 2003-438  5- 6-03 1 8-2039 2003-439  5- 6-03 1 8-2005 2003-440  5- 6-03 1 8-2040 2003-441  5- 6-03 1, 2 8-2123 2003-445-TC-237[TC-4-03]  5-20-03 1 10-2132.2(c)(1) 2003-461  6-17-03 1 8-2011 2003-474[TC-5-03]  7- 1-03 1 10-2002 2003-477  7-15-03 1 5-2034 2003-490-TC-238[TC-6-03]  8- 5-03 1 10-2041(b)(2) 10-2042(b)(2) 10-2043(b)(2) 10-2045(b)(2) 10-2046(b)(2) 10-2047(b)(2) 2, 3 10-2071, 10-2072 4 10-2072(b) 5 10-2146.1[x-ref] 2003-497  9- 2-03 1 11-2135(c) 2, 3 11-2136(a), (b) 2003-501-TC-239[TC-9-03]  9- 2-03 1 10-2083.2 2 10-2124(c) 2003-504-TC-240[TC-8-03]  9-16-03 1 10-2002(b) 2 10-2071 3 10-2088 4, 5 10-2090, 10-2091 6 10-2102(d) 7 10-2104(d) 8 Added 10-2102(j) 9 Added 10-2104(h) 10 10-3003 10-3071(2)b. 2003-516  9-16-03 1 Rnbd 1-2021(g) as (h) Added 1-2021(g) 2003-519-TC-241[TC-10-03] 10- 8-03 1 10-2071 2 10-2072 3 10-2072(b) 2003-536 11- 5-03 1 Rpld 13-4001—13-4003 2 Added 13-4001—13-4017 2003-537 11- 5-03 1 6-1002(b) 2 Added Pt. 6, Ch. 2, Art. A(title) Added 6-6011 3 Added 6-4001—6-4009 2003-538 11- 5-03 1 Added 9-5007(b)(8) 2004-559  1-20-04 1 5-2009 2004-567-TC-242[TC-1-04]  2- 3-04 1 10-2132.2(c)(1) 2004-571-TC-243A[TC-2-04]  2-17-04 1—3 10-2072(b) 4 10-9023(a) 5, 6 10-9023(b) 7 10-9023[note] 2004-577  2-17-04 1 Pt. 13, Ch. 4[note] 2004-580-TC-244[TC-3-04]  3- 2-04 1 10-6033(a) 2 10-6039(d) 2004-583  3- 2-04 1 9-5004(a) 2004-591  4- 6-04 1—5 4-3001—4-3005 2004-596-TC-245[TC-14-03]  4- 6-04 1 10-2002(b) 2 Added 10-2011(b)(3)m. 3 10-2055(c) 4 Added 10-2062 5 10-2071 6, 7 10-2083.1(b) 8 10-2085(b)(5) 9 10-2132.2(b) 10 10-2132.2(c)(1) 11 10-2145 12—14 10-2145(b) 15, 16 10-2146.3(a)(7) 2004-619  5- 4-04 1, 2 8-2123 2004-620  5- 4-04 1 8-2092(a) 2004-621  5- 4-04 1 8-2094(c) 2004-622  5- 4-04 1 8-2039 2004-623  5- 4-04 1 8-2005 2004-624  5- 4-04 1 8-2040 2004-627-TC-246[TC-12-03]  5- 4-04 1 Added 10-2082.13 2 10-2146.5(a) 3 10-3073(a)(6)d. 2004-628  5- 4-04 1 7-2004(a) 2 7-2005 2004-629  5- 4-04 1 12-6002(s) 2 12-6005 3 12-7011 2004-637-TC-247  6- 1-04 1—5 10-6039(c)—(g) 6 10-6039(n) 2004-647-TC-248[TC-4-04]  6- 1-04 1, 2 10-2002(b) 3 10-2015(b)(3)a. 10-2016(b)(3)a. 10-2017(b)(3)a. 10-2018(b)(3)a. 10-2019(b)(3)a. 10-2020(b)(3)a. 10-2021(b)(3)a. 10-2022(b)(3)a. 10-2023(b)(3)a. 10-2024(b)(3)a. 10-2025(b)(3)a. 10-2032(b)(1) 10-2035(b)(1) 10-2036(b)(1) 10-2037(b)(1) 10-2040(b)(1) 10-2041(b)(1) 10-2042(b)(1) 10-2043(b)(1) 10-2045(b)(1) 10-2046(b)(1) 10-2047(b)(1) 4 10-2050(c) 5 10-2056(d)(2) 6 10-2071 7 10-2072(b) 8 10-2081(a) 9 10-2082.9(e)(3) 10 10-2083.2 11 10-2144 12, 13 10-2144(b) 2004-649-TC-249[TC-11-04]  6- 1-04 1 10-2132.2(b)(9) 2004-650  6- 1-04 1 Rpld 13-4001—13-4017 Added 13-4001—13-4003 2004-666A  6-29-04 1—8 11-2025(e)(1)—(8) 9—12 11-2205(a)—(d) 2004-669-TC-250[TC-9-04]  7- 6-04 1 10-2002(b) 2 10-2083.2 2004-671  7- 6-04 1 Added 12-7016 2004-676-TC-251[TC-8-04]  7-20-04 1 10-2132.2(d) 2004-677  7-20-04 1 Rpld 13-4001—13-4003 2 Added 13-4001—13-4011 2004-681-TC-252[TC-12-04]  8- 3-04 1 10-2152(5)a. 2 10-2152(5)e. 3 10-6058(b) 4 10-6137(c) 5 10-6137(d) 6 Added 10-6137(e) 2004-682-TC-253[TC-15-04]  8- 3-04 1 Added 10-2075(d)(8) 2 10-2075(e) 3 10-2081(a) 2004-699-TC-255[TC-14-04]  9- 7-04 1 Added 10-2075(d)(9) 2004-700-TC-265[TC-19-04]  9- 7-04 1 Added 10-2083.1(b)(8) 2 10-2083.2(5), (8) 2004-701-TC-257[TC-21-04]  9- 7-04 1 10-6039(c) 2004-713  9-21-04 1 Added 8-2161—8-2175 Added 8-2180 2004-714  9-21-04 1, 2 8-2039 2004-718-TC-258[TC-17-04] 10- 5-04 1 Added 10-2153 2 10-6125(c) 3 Added 10-6060 4 Added 10-6138 5 Added 12-6006 6 14-1005(a) 7 Added 14-1012 2004-719-TC-259[TC-23-04] 10- 5-04 1 10-2132.2(c)(1)j., k. (note) 2004-720 10-19-04 1 Added 12-2162—12-2171 2004-721[TC-16-04] 10- 5-04 1 10-2032(b)(1), (2) 10-2035(b)(1), (2) 10-2036(b)(1), (2) 10-2037(b)(1), (2) 10-2040(b)(1), (2) 10-2041(b)(1), (2) 10-2042(b)(1), (2) 10-2043(b)(1), (2) 10-2045(b)(1), (2) 10-2046(b)(1), (2) 10-2047(b)(1), (2) 2 10-2071 3 10-2072 4, 5 10-2072(b) 6 10-2144(b) 2004-736 11-16-04 1 Added 12-7002(e) 2 12-7015 3, 4 Added 12-7015(c), (d) 2004-746-TC-261[TC-20-04] 12- 7-04 1 Added 10-2011(b)(3)n. 2 Added 10-2063 3 10-2075(b) 4 Added 10-2132.2(b)(10), (11) 5 Added 10-2132.2(c)(1)l., m. 6 10-2132.2(e) 7 Added 10-2165(d)(7) 2004-747-TC-262[TC-25-04] 12- 7-04 1 10-2132.2(c)(1)h. 2004-748-TC-263[TC-26-04] 12- 7-04 1 10-2132.2(c)(1)j., k. (note) 2005-762-TC-264[TC-7-04]  1- 4-05 1 10-2002 10-2082.2 2—4 10-2002 5 10-2053(e)(4)b.2. 6 10-2058(e)(2)b.2.(ii) 10-2059(e)(2)b.2.(ii) 10-2060(e)(2)b.2.(ii) 10-2061(e)(2)b.2.(ii) 10-2082.5(f)(2) 7 10-2071 8 10-2072(b) 9 10-2082.3(d)(4) 10 10-2082.4(a) 11 10-2082.4(b) 12 10-2082.9(b)(3) 13 10-2082.9(g)(1) 14 Added 10-2082.9(g)(3)d. 15 10-2082.12(b), (c), (f) 16 Added 10-2082.14 17 Rpld 10-2103(d)(1)—(3) Rnbd 10-2103(d)(4)—(7) as 10-2103(d)(1)—(4) 18 10-2132.2(c)(1)j., k. 19 10-2151(a)(1), (3) 20 10-3006 21 10-5003 22 Rpld 10-6032(g)(5) Rnbd 10-6032(g)(6), (7) as 10-6032(g)(5), (6) 23 Added 10-6032(l) Rnbd 10-6032(l) as 10-6032(m) 24 Added 10-6033(10) 25 10-6035(f) 26 Added 10-6035(j) 27 10-6039(d) 2005-770  1-18-05 1 12-2164(i) 2005-774-TC-265[TC-1-05]  2- 1-05 1 Added 10-2165(d)(8) 2005-775-TC-266[TC-4-05]  2- 1-05 1 10-2132.2(c)(1)j., k. (note) 2005-782-TC-267[TC-2-05]  2-15-05 1 10-2132.2(e) 2 Added 10-2132.2(i)(2)a.7. 2005-785  3- 1-05 1 Added 12-5004(i), (j) 2 12-5007 2005-799-TC-266[TC-8-05]  4- 5-05 1 10-6006 2005-817-TC-267[TC-7-05]  4-19-05 1, 7 Added 10-2064 2 Added 10-2011(b)(3)o. 3 10-2056(b) 4 10-2056(c) 5 10-2056(d)(1), (2) 6 10-2056(e)(1)a., b. 8 10-2073(c)(2) (note) 9 10-3005(a)(7), (b)(7) 10-3017(b)(23) 10 10-3024(b)(2) 11 10-3052(a) 12 10-3052(c)(3) Added 10-3052(c)(4) 13 Added 10-3052.1 14 10-5006(a)(10) 15 10-5006(a)(11)b. 16 10-5006(a)(11)c.2. 17 10-5006(a)(11)c.3.(i) 18 Added 10-5006(a)(12) Rnbd 10-5006(a)(12)—(14) as 10-5006(a)(13)—(15) 19 10-5010(a) 20 10-6032(j) 21 10-9024(b) 10-9044(b) 22 Added 10-9040(c) 23 10-9041(a) 10-9041(a)(2) 10-9041(a)(11)a.—c. 24 10-9041(b), (c) 25 10-9044(a), (b) 2005-822  5-17-05 1, 2 8-2123 2005-823  5-17-05 1 8-2092(a) 2005-824  5-17-05 1 8-2094(c) 2005-825  5-17-05 1 8-2005 2005-826  5-17-05 1 8-2040 2005-827  5-17-05 1 Added 8-2041 2005-828  5-17-05 1, 2 Added 8-2125(5) 2005-838  5-17-05 1 Added 12-8000, 12-8001 2005-851  6- 7-05 1 12-2118 2, 3 12-2119(d) 2005-869-TC-268[TC-11-05]  7- 5-05 1 10-2083.2 2 10-2144 2005-870  7- 5-05 1 12-6006 2 12-6005 2005-875-TC-269  7-19-05 1 10-2057(d)(1)a. 2 Rnbd 10-2057(f)(2)l.—p. as 10-2057(f)(2)m.—q. 3 Added 10-2057(f)(2)l. 4 10-2057(f)(4)g. 5 Added 10-2073(d)(9) 2005-882-TC-270[TC-9-05]  8- 2-05 1 10-2083.1(b)(6)j. 2 10-2083.2 2005-883-TC-271[TC-13-05]  8- 2-05 1 10-2152(5) 2005-897-TC-272[TC-12-05]  9-20-05 1—3 10-3003 10-3071(a)(2)c.(1)—(3) 10-3072(a)(2)c.(1)—(3) 4 10-3003 10-3071(a)(2)c.(4) Added 10-3071(a)(2)c.(6), (7) 10-3072(a)(2)c.(4) Added 10-3072(a)(2)c.(6), (7) 5 10-3014 6 10-3071(b)(5)a. 7 10-3071(b)(5)d. 8 10-3071(b)(8) 9 10-3071(b)(9)a. 10 10-3071(b)(9)a., (10)d. 10-3073(b) 11 10-3071(b)(9), (10) 12 10-3071(b)(9)b. 13 10-3071(b)(9)c.2. 14 10-3071(b)(9)c.5. 15 10-3071(b)(10)a. 10-3072(b)(7)a. 16 10-3071(b)(10) 10-3072(b)(7) 17 10-3072(b)(2) 18 10-3072(b)(6) 19 10-3073 (title) 20 10-3073(a) 21 10-3073(a)(1) 22 10-3073(a)(1), (2), (4) 23 10-3073(a)(1) 24 10-3073(a)(2) 25 10-3073(a)(2)a. 26 10-3073(a)(2)b. 27 10-3073(a)(5) 28 Added 10-3073(a)(7) 29 10-3073(b)(1) 30 10-3073(b)(3) 31 10-3073(b)(4) 32 10-3073(b)(6) 33 10-3073(b)(11) 34 Added 10-3073(b)(12)—(16) 35 10-3073(b) 36 10-3074(c) 37 10-3074(d) 38 10-9027(b)(4) 39 10-9027(c) 2005-905-TC-273 10- 4-05 1 10-6039(d) 2005-920-TC-274 11- 1-05 10-2101(b)(6)3. 2 10-2101(b)(6)5. 2005-932-TC-275[TC-6-05] 11-15-05 1 Pt. 10, Ch. 2 (analysis) 2 Rpld 10-2011(b)(3)b. Rnbd 10-2011(b)(3)n. as 10-2011(b)(3)b. 3 10-2032(d)(2) 4 10-2035(d)(1)c. 10-2036(d)(1)c. 10-2037(d)(1)b. 5 10-2040(d)(1) 10-2041(d)(1) 10-2042(d)(1) 10-2043(d)(1) 10-2045(d)(1) 6 10-2045(b)(2) 7 10-2046(c) 10-2047(c) 8 Rpld 10-2051 Rnbd 10-2063 as 10-2051 9 10-2051(b), (d)(1)b.1. 10 10-2055(d)(1)a., b. 11 10-2051(d)(1)b.2. 10-2051(d)(1)b.2.(i), (ii) 12 Added 10-2072(b)(5) 13 10-2073(d)(1) 14 10-2075(d) 15 Added 10-2075(d)(10) 16 10-2076(a) 17 10-2076(c)(5) 18 Rpld 10-2081(c)(3) Rnbd 10-2081(4)—(8) as 10-2081(3)—(7) 19 10-2081(c)(3)a., b. 20 10-2081(c)(6)b. 21 Added 10-2081(c)(6)c. 22 10-2083.1(b)(1) 23 10-2083.1(b)(4) 24 10-2103(b)(3)b.—d. 25 10-2132.2(b)(4) 26 Rpld 10-2132.2(b)(5) Rnbd 10-2132.2(6)—(11) as 10-2132.2(5)—(10) 27 10-3071(b)(5)a. 28 10-3071(b)(5)b.1., 2. 2005-939-TC-276 12- 6-05 1 Added 10-2141(a)(6) Rnbd 10-2141(a)(6)—(8) as 10-2141(a)(7)—(9) 2 Added 10-2143(a)(4), (5) 3 Added 10-2165(d)(9) 4 10-2165(e) 5 10-2165(h)(5) 6 10-2165(h)(6) 7 10-3002(2)—(4) 8 10-3003 9 10-3009 2005-940-TC-277[TC-15-05] 12- 6-05 1 10-9023(a) 2006-952-TC-278[TC-18-05]  1- 3-06 1 10-2002(b) 2 10-2081(a) 3 10-2132.2(i)(3)d. 2006-953-TC-279[TC-22-04]  1- 3-06 1 10-3005(a), (b) 2 10-3017(b)(20) 3 10-3017(b)(22) 4 10-4002 5 10-4008 2006-961-TC-280[TC-16-05]  1-17-06 1, 2 10-2075(e) 2006-977  3- 7-06 1 12-1056(b) 2 12-1057 2006-985-TC-584[TC-17-05]  4- 4-06 1 10-2002(b) 2 10-2071 3 10-2072 4 10-2072(b) 5 10-2088 6 10-6039(e) 2006-990  3-21-06 1 11-2177(a) 2 Added 11-2177(e) 2006-998  4-18-06 1 11-2174 2 11-2206 2006-999-TC-282[TC-4-06]  4-18-06 1 Pt. 10, Ch. 4 (analysis) 2 10-4001(3), (5) 3—10 10-4002 11 10-4003 12, 13 10-4003(a) 14 10-4003(b) 15—17 10-4004 18 10-4005(a), (b) 19 10-4005(f) 20, 21 10-4008 22 10-4008(c) 23 10-4008(c)(5) 24 10-4008(c)(7) 25 10-6023(d) 26 10-6033(a)(6)a. 27 10-6034(b)(5) 2006-1-TC-283[TC-5-06]  4-18-06 1 10-2051(d)(1)c.2. 2006-2-TC-284[TC-7-06]  5- 2-06 1 10-3022(d) 2 10-3024(b)(1) 3 10-8003(a) 4 10-3022(d) 5 10-3024(b)(1) 6 10-8003(a) 7 Added 10-3022(f) 8 Added 10-3024(d) 9 Added 10-8003(c) 2006-11-TC-285[TC-2-06]  4-18-06 1 10-2103(c)(4) 2 10-2103(g)(1)e. 2006-12  5- 2-06 1 8-2123(a) 2 8-2123(b) 2006-13  5- 2-06 1 8-2092(a) 2006-14  5- 2-06 1 8-2094(c) 2006-15  5- 2-06 1 8-2005 2006-16  5- 2-06 1 8-2040 2006-24  5-16-06 1 12-2123 2006-27  5-16-06 1 12-6001 Added 12-6001.1 12-6002—12-6006 2006-31-TC-285[TC-8-06]  6- 6-06 1, 2 10-6003(a), (b), (e), (h) 3, 4 10-6004, 10-6005 10-6009 10-6012 5 10-6003(d) 2006-33-TC-286[TC-6-06]  6- 6-06 1 Added 10-2083.1(b)(1)b. 2, 3 10-2083.1(h) 2006-54  7-11-06 1 12-2163(l)(3) 2 12-2163(l)(4) 3 12-2163(l)(8) 4 12-2163(l)(9) 5 12-2163(l)(10) 6 Rnbd 12-2163(m) as 12-2163(n) 7 Added 12-2163(m) 8 Added 12-2163(o) 9 12-2165(a) 10 12-2166(e) 11 12-2168 12 12-2169 13 Added 12-2170(c), (d) 14, 15 12-2164—12-2168 2006-55  6-20-06 1, 2 7-2004(a)(3)b. 2006-56  6-20-06 1 Added 1-4011—1-4014 2006-67  8- 8-06 1 11-2177(e)(ii) 2 11-2177(e)(iii) 2006-70-TC-288[TC-9-06]  8- 8-06 1 10-2165(b) 2006-71-TC-289[TC-11-06]  8- 8-06 1 10-5006(a)(12) 2 10-5006(a)(3) 2006-72-TC-290[TC-12-06]  8- 8-06 1 10-2152(5) 2 10-2152(5)e. 2006-73-TC-291[TC-15-06]  8- 8-06 1 10-2057(f)(4)b.4. 2 Added 10-2057(f)(5)d. 2006-81  9- 5-06 1 2-2071 2006-83  9- 5-06 1 11-6001(i) 2 12-1022(a) 2006-92-TC-292[TC-3-06]  9- 5-06 1 10-9022(c) 2006-99  9-19-06 1 12-2043(a) 2006-100  9-19-06 1 8-2180 Added 8-2181—8-2204 Added 8-2241—8-2243 2 8-2078(a) 2006-104-TC-293[TC-18-06] 10- 3-06 1 Pt. 10 TOC 2 Pt. 10, Ch. 2 (analysis) 3 10-2141(a)(1) 4 10-2132.2(g) 5 10-2332.2(k) 6 10-2165(c) Rpld 10-2165(c)(3) 7 10-2167—10-2170 8 Added 10-2171 9 Pt. 10, Ch. 3 (analysis) 10 10-3013(a)(1) 11 10-3013(c)(2) 12 10-3013(c)(2)c. 13 10-3014(c)(1) 14 Rpld 10-3014(c)(2) Rnbd 10-3014(c)(3) as 10-3014(c)(2) Rpld 10-3014(c)(2)a. Rnbd 10-3014(c)(2)b. as 10-3014(c)(2)a. 15 10-3075—10-3080 16 Added 10-3081 17—22 10-6039(d) 23 10-6039(e), (n) 24 10-6075(h) 10-6095(g) 10-6104(c) 25 10-7002(d) 2006-105-TC-294[TC-16-06] 10- 3-06 1 10-2002(b) 2 10-2051(d)(1)a. 3 10-2051(d)(1)b.1. 4 10-2051(d)(1)c. 5 10-2051(d)(5) 6 10-3032(c)(1) 2006-121 11- 7-06 1 12-2043(a) 2006-125-TC-295[TC-17-06] 11- 7-06 1 10-2035(d)(3) 2 10-2036(d)(3) 3 10-2035(d)(3) 10-2036(d)(3) 4 10-2076(a) 2006-126 11- 7-06 1 12-6003(a), (b) 2 12-6005 3 12-6006 4 Added 12-6007 5 Added 12-6008 2006-134-TC-296[TC-10-06] 11-21-06 1—6 10-4002 7 10-4005(b) 8 10-4006 9 10-4007 10 10-4008(a)(3) 11 10-4008(c)(4)a.3.(i) 12 10-4008(c)(5) 13 10-4009 14 10-4009 15 10-4009 16 10-4009(a) 17 10-4010 18 10-4010(a)(2) 19 10-4010(b) 20 10-6023(d) 2006-139-TC-297[TC-20-06] 12- 5-06 1 10-2051(b) 2 10-2051(d), (d)(1) 3 Added 10-2051(d)(1)a.5. 2006-140-TC-298[TC-21-06] 12- 5-06 1 10-2057(d)(1)b. 2 Rnbd 10-2057(f)(2)m.—q. as 10-2057(f)(2)n.—r. Added 10-2057(f)(2)m. 3 Added 10-2074(f) 2007-159  1-23-07 1 Added 11-2186 2007-161  1-23-07 1 7-2005(d)(1) 2007-165-TC-299[TC-1-07]  2- 6-07 1 8-2077(a) 8-2092(a) 8-2094(c) 2 10-2171 3—5 10-3081 6 10-6039(d) 7 Added 10-6039(s) 8 10-7002 9 10-3022(f) 10-3024(d) 10-8003(c) 2007-178-TC-300[TC-19-06]  3- 6-07 1 10-2071 2 10-2072 3 10-2072(b) 4 10-2081(a) 5 Added 10-2081(b)(1)b.6. 10-2081(b)(2) 6 10-2132.1(a)(5) 2007-179  3- 6-07 1 Added 11-2187 2007-182  3-20-07 1 11-2182(e) 2007-184  3-20-07 1 13-3016(b)(1)e. 2007-197-TC-301[TC-1-06]  4- 3-07 1 10-3013(b)(1)b. Added 10-3013(b)(3)h. 2007-216  5- 1-07 1, 2 8-2123 2007-217  5- 1-07 1 8-2094(c) 2007-218  5- 1-07 1 8-2005 2007-219  5- 1-07 1 8-2040 2007-222  5- 1-07 1, 2 12-2105(d) 2007-223  5- 1-07 1 8-2092(a) 2007-235  5-15-07 1 Rpld 8-2161—8-2175 Added 8-2161—8-2177 2007-240  6- 5-07 1 Added 11-2188 2007-250  6-11-07 1, 2 8-2123 2007-251  6-19-07 1 8-2175(c)(1) 2007-262-TC-302[TC-2(A.2)-07]  7-10-07 1 10-2002(b) 2 10-2043(d)(3) 3 10-2051(a) 4 10-2051(d)(1)a. 5 10-2051(d)(1)b.2. 6, 7 10-2051(d)(1)c. 8 10-2051(d)(5) 9 10-2051(e)(1) 10 10-2055(b) 11 10-2081(c)(6)c. 12 10-2132.1(c) 13 10-2132.2(a) 14 10-2132.2(c)(1) 15 10-2132.2(c)(1)m. 2007-268  7-24-07 1 11-2025(e)(1)g. 2 11-2025(e)(2) 3 11-2025(e)(3) 4 11-2025(e)(4) 5 11-2025(e)(5) 6 11-2025(e)(6) 7 11-2025(e)(7) 8 11-2025(e)(8) 2007-269  7-24-07 1 7-2006(note) 2007-276-TC-303[TC-6-07]  8- 7-07 1 10-2083.2 2007-277-TC-304[TC-7-07]  8- 7-07 1 Rpld 10-2083.1(b)(1)b. 2 10-2083.2 2007-278-TC-305[TC-4-07]  8- 7-07 1, 2 10-2165(c)(1) 2007-279  8- 7-07 1 4-3003 2007-280  8- 7-07 1 8-2175(c)(1) 2007-281  8- 7-07 1 2-2071 2007-322-TC-306[TC-3-07] 11- 7-07 1—5 10-2051(d)(1)b.1. 2007-327 11-20-07 1 Added 13-3018 2007-329 12- 4-07 1 Rpld 8-2111—8-2140.12 Added 8-2111—8-2140.11 2008-350-TC-307[TC-2(B)-07]  2- 5-08 1 10-2051(d)(1)b.1. 2 10-2051(e)(1)e., g. 3 10-2055(e)(1) 4 10-2055(e)(6) 5 10-2081(c)(6)b. 6 10-2081(c)(6)c.5., 7. 2008-358  3- 4-08 1 1-4012 2008-362-TC-308[TC-9-07]  3- 4-08 1 10-2041(b)(2) 10-2042(b)(2) 10-2043(b)(2) 10-2045(b)(2) 10-2046(b)(2) 10-2047(b)(2) 2 10-2071 3 10-2072 4 10-2072(b) 5 10-2146.1 2008-363  3- 4-08 1 Added 8-2113(e) 2008-375  4-15-08 1, 2 8-2123.1 2008-376  4-15-08 1 8-2092(a) 2008-377  4-15-08 1 8-2094(c) 2008-378  4-15-08 1 8-2005 2008-379  4-15-08 1 8-2040 2008-386  4-15-08 1 Rpld 8-2113(e) 2008-392-TC-309[TC-7-08]  5- 6-08 1, 2 10-2165(e) 2008-394-TC-310[TC-6-08]  5- 6-08 1 10-2165(d)(1) 2 10-2165 2008-399-TC-311[TC-5-08]  5-20-08 1 10-3022(d) 2 10-3024(a) 3 10-3024(b)(1) 4 10-8002 5 10-8003(a) 6 10-8005(a) 7 10-8005(b)(1) 2008-405-TC-312[TC-3-08]  6- 3-08 1 10-2015(b)(3)a. 10-2016(b)(3)a. 10-2017(b)(3)a. 10-2018(b)(3)a. 10-2019(b)(3)a. 10-2020(b)(3)a. 10-2021(b)(3)a. 10-2022(b)(3)a. 10-2023(b)(3)a. 10-2024(b)(3)a. 10-2025(b)(3)a. 10-2032(b)(3)a. 10-2040(b)(3)a. 2 10-2031(b)(3)a. 10-2035(b)(3)a. 10-2036(b)(3)a. 10-2037(b)(3)a. 10-2041(b)(3)a. 10-2042(b)(3)a. 10-2043(b)(3)a. 10-2045(b)(3)a. 10-2046(b)(3)a. 10-2047(b)(3)a. 3 10-2015(b)(3)b. 10-2016(b)(3)b. 10-2017(b)(3)b. 10-2018(b)(3)b. 10-2019(b)(3)b. 10-2020(b)(3)b. 10-2021(b)(3)b. 10-2022(b)(3)b. 10-2023(b)(3)b. 10-2024(b)(3)b. 10-2025(b)(3)b. 10-2031(b)(3)b. 10-2032(b)(3)b. 10-2035(b)(3)b. 10-2036(b)(3)b. 10-2037(b)(3)b. 10-2040(b)(3)b. 10-2041(b)(3)b. 10-2042(b)(3)b. 10-2043(b)(3)b. 10-2045(b)(3)b. 10-2046(b)(3)b. 10-2047(b)(3)b. 4 10-2035(b)(2) 10-2036(b)(2) 10-2037(b)(2) 10-2040(b)(2) 10-2041(b)(2) 10-2042(b)(2) 10-2043(b)(2) 10-2045(b)(2) 10-2046(b)(2) 10-2047(b)(2) 5 10-2035(b)(3)b. 10-2036(b)(3)b. 10-2037(b)(3)b. 10-2040(b)(3)b. 10-2041(b)(3)b. 10-2042(b)(3)b. 10-2043(b)(3)b. 10-2045(b)(3)b. 10-2046(b)(3)b. 10-2047(b)(3)b. 6, 7 10-2071 8 10-2072 9 10-2072(b) 10 10-2144 11 10-2144(b) 12 10-2145 13 10-2145(b) 2008-415  7- 1-08 1 12-2162(a) 2 12-2163(b) 3 12-2163(l) 4 Added 12-2163(p) 5 Rpld 12-2164(i) 6 12-2170 2008-415A  6-17-08 1 Added 13-3017(d)—(f) 2008-415B  7- 1-08 1 Added 12-2175—12-2185 2008-417  6-17-08 1 Rpld 12-2119(a) 12-2119(b) 2 12-2120 2008-422  7- 1-08 1 10-2171 10-3081 10-6039(c)—(f), (h), (i), (m), (n), (p), (r) 10-7002(d) 2008-423  7- 1-08 1 8-2113(b)(13) 2008-427  7- 1-08 1, 2 8-2123.1 2008-428-TC-313[TC-4-08]  7- 1-08 1 10-2002(b) 2 10-2054 3 10-2073(d)(2) 4 10-2165(d)(3) 5 10-3032(b) 6 10-3032(d)(4) 2008-434  8- 5-08 1 11-2175(b) 2 11-2175(c) 2008-438-TC-314[TC-10-08]  8- 5-08 1 Rnbd 10-9027(c)(5)—(8) as 10-9027(c)(6)—(9) Added 10-9027(c)(5) 2008-439-TC-315[TC-12-08]  8- 5-08 1, 2 10-2057(d)(1)b. 3—5 10-3071(b)(9)a. 6—8 10-3071(b)(9)b. 9 10-3071(b)(10) 10—12 10-3072(b)(6) 13 10-3072(b)(7) 14—16 10-3073(b) 17 10-9027(b)(4) 2008-450-TC-316[TC-11-08]  9- 2-08 1 Rpld 10-2051(d)(1)b.1. Rnbd 10-2051(d)(1)b.2.—5. as 10-2051(d)(1)b.1.—4. 2 10-2051(d)(1)c.6.(i) 3 10-2051(d)(5) 4 10-2055(d)(4) 5 10-2055(e)(5) 2008-451  9- 2-08 1 13-3004(a)(2) 2008-458  9-16-08 1 8-2175(c) 2008-463 10- 7-08 1 6-2024 2008-467-TC-317[TC-14-08] 10- 7-08 1 10-2064(f)(3)b. 2 10-2064(g) 3 10-3052(b) 4 10-3052.1(a)(1) 5 10-5003 6 10-5006(a)(12)b.1. 7 10-5006(a)(12)b.4. 8 Added 10-5006(a)(12)b.5. 9 10-5006(a)(12)c.1. 10 10-5006(a)(12)e.2. Added 10-5006(a)(12)e.3. 11—13 10-9040(c) 2008-469 10- 7-08 1 12-7015(b) 2008-503 11-18-08 1 Added 10-6187—10-6208 2009-530-TC-318[TC-19-08]  1-22-09 1—6 10-2071 7 Rpld 10-2074(b)(1) Rnbd 10-2074(b)(2)—(5) as 10-2074(b)(1)—(4) 8 10-2132.1(a)(1) 9 10-2132.1(a)(3)b. 10 10-2132.1(a)(7) 11 Added 10-2132.2(b)(11) 12 10-2132.2(c)(1)h. 13 10-2132.2(i)(2) 2009-531-TC-319[TC-15-08]  1-22-09 1 10-1052(a) 2009-536-TC-320[TC-17-08]  2-17-09 1 10-2043(b)(1) 10-2045(b)(1) 10-2046(b)(1) 10-2047(b)(1) 2 10-2071 2009-550-TC-321[TC-18-08]  3- 3-09 1 10-2057(f)(4)c. 2009-551-TC-322[TC-20-08]  3- 3-09 1 10-1011(b) 2009-552  3- 3-09 1 12-3004 2 12-3007 2009-553  3-17-09 1 8-2123.1(b) 2009-554  3-17-09 1 8-2092(a) 2009-555  3-17-09 1 8-2094(c) 2009-556  3-17-09 1 8-2005 2009-557  3-17-09 1 8-2040 2009-558  3-17-09 1 8-2039 2009-563  3-17-09 1 Added Pt. 9, Ch. 10, Art. A(tit.) 2 Added 9-10006—9-10011 2009-564  4- 7-09 1 Added 9-2028 2009-568  4- 7-09 1 8-2123.1(b) 2009-572  4-27-09 1 8-2123.1(b) 2009-578-TC-323[TC-6-09]  5- 5-09 1 10-2132.2(j) 2009-583  5-19-09 1 13-3017 2 12-5011 2009-593-TC-324[TC-8-08]  5-19-09 1 10-9002 2 10-9023(c) 3 10-2165(a) 2009-595  5-19-09 1 9-6011 2009-597  6- 2-09 1 9-10002 2009-608  6-16-09 1 2-3001(a) 2 Added 2-3001(b)(4) 3 Added 2-3001(c)(4) 4 2-3003(a) 5 7-2006(a) 6 8-2011 2009-609  6-16-09 1 8-2172 2009-612  6-16-09 1, 2 8-2123.1(b) 2009-641  9- 1-09 1 11-6001(b)(1) 2, 3 12-1022(a) 2009-642  9- 1-09 1, 2 12-2122 2009-643  9- 1-09 1 9-10006 2009-652-TC-325[TC-5-07]  9-15-09 1 10-2035(b)(3)b. 10-2036(b)(3)b. 10-2041(b)(3)b. 10-2043(b)(3)b. 10-2045(b)(3)b. 2 10-2035(d)(2) 10-2040(d)(2) 10-2042(d)(2) 10-2043(d)(2) 10-2045(d)(2) 3 10-2036(d)(2) 4 10-2046(d)(2) 10-2047(d)(2) 5 10-2072(b) 6 10-2088 7 10-2122 2009-656-TC-326[TC-9-09] 10- 7-09 1 10-2132.2(j)(1)e., (2)e. 2 10-3013(c)(4)a. 2009-661-TC-327[TC-4-09] 10- 7-09 1 10-2002(b) 2 10-2011(b)(3)b. 3 10-2051(d)(2) 4 10-2051(d)(3)c. 5 10-2051(d)(4)b. 6 10-2051(d)(5)b. 7 10-2051(e)(1)g. 8 10-2057(f)(4)g. 9 10-2057(f)(5) 10 10-2059(f)(1) 11 10-2064(b) 12 10-2072(a) 13 10-2072(b) 14 10-2075(c)(3)a. 15 10-2075(c)(3)b. 16 Rpld 10-2075(d)(9) Rnbd 10-2075(10) as 10-2075(9) 17 10-2075(9) 18 10-2076(c)(5) 19 10-2081(c)(6)c.7. 20 10-2082.5(d)(3)b. 21 10-2132.2(c)(1)b. 22 10-2132.2(c)(1)m. 23 10-2132.2(d)(2) 24 Rpld 10-2132.2(d.1) 25 10-2132.2(e)(3)—(5) 26 10-2132.2(i)(2)a. 27 Rpld 10-2132.2(i)(2)h. 28 10-2165(b) 29 Rpld 10-2165(d)(8) Rnbd 10-2165(9) as 10-2165(8) 30 10-3003 31 10-3032 32 10-3055(d) 33 10-3056(d) 34 10-4002 35 10-5006(11)a. 36 10-5006(12)a. 37 10-8001 38 10-9040(a) 39 10-9040(c) 2009-665 10-20-09 2 2-3001 2009-669-TC-328[TC-8-09] 11- 3-09 1 10-2035(b)(2) 10-2036(b)(2) 10-2037(b)(2) 10-2040(b)(2) 10-2041(b)(2) 10-2042(b)(2) 10-2043(b)(2) 10-2045(b)(2) 10-2046(b)(2) 10-2047(b)(2) 2 10-2035(b)(3)b. 10-2036(b)(3)b. 10-2037(b)(3)b. 10-2040(b)(3)b. 10-2041(b)(3)b. 10-2042(b)(3)b. 10-2043(b)(3)b. 10-2045(b)(3)b. 10-2046(b)(3)b. 10-2047(b)(3)b. 3 10-2002(b) 4 10-2046(b)(3)b. 10-2047(b)(3)b. 5 10-2071 6 10-2082.9(e)(1)b. 7 10-2145 8 10-2145(b) 2009-670-TC-329[TC-12-09] 11- 3-09 1 10-2035(d)(1)c. 2 10-2036(d)(1)c. 3—6 10-2072(b) 2009-671 11- 3-09 1 12-2022(a) 2 12-2022(d) 3 12-2022(i) 4 Added 12-2022(q) 5 12-2023 6 12-2024(b) 7, 8 12-2024(b)(3) 9 Added 12-2024(c)—(f) 10 12-2025 11 12-2028(a) 12 12-2028(c) 13 12-2028(d) 14 12-2028(f) 15 Added 12-2028(g)—(m) 16—18 21-2029 19 12-2031 20 12-2032 21 12-2039 22 12-2042 23 12-2045 24 12-2052(a) 25 12-2052(a)(1) 26 12-2052(a)(7)—(14) 27 12-2060(b) 28 12-2082(a)(4) 29 12-2082(a)(6) 30 12-2082(b)(5) 31 Added 12-2082(b)(7) 32 12-2083 33 12-2084(c) 34 12-2085(e) 35 Rpld 12-2085(g) 36 12-2086 12-2091 37 12-2086(b) 38 12-2086(h) 39 12-2087(g) 40 Rpld 12-2089(d) 41 12-2091(a)(7) 42, 43 12-2091(a)(9) 44 12-2092(b) 45 12-2093(a) 46 12-2093(d) 2009-672 11- 3-09 1 12-2052(14) 2009-676 11-17-09 1 Rpld 9-9001—9-9005 2010-685  1-19-10 1, 2 2-3003(a) 2010-688  1-19-10 1 8-2170 2 8-2171 3 Added 8-2175(c) Rnbd 8-2175(c) as 8-2175(d) 4 Added 8-2178 2010-694-TC-330[TC-1-08]  1-19-10 1 10-2035(d)(1)c. 2 10-2036(d)(1)c. 3 10-2072 4—7 10-2072(b) 2010-704  2-16-10 1, 2 8-2163 3 8-2169 2010-705  2-16-10 1 11-2179(a) 2010-706-TC-331[TC-1-10]  2-16-10 1 Rpld 10-2132.1(a)(8)c. 2 10-2132.2(a)—(d) 3 Added 10-2132.2(i)(2)h. 4 10-2051(a) 5 10-2051(d)(1)a. 6 10-2051(d)(1)b. 7 10-2051(d)(1)c.6.(i) 8 10-2051(d)(2), (d)(3)c., (d)(4)b., (d)(5)b., (e)(1)e., (e)(1)g. 9 10-2041(d)(2) 10 10-2053(a) 10-2055(a) 11, 12 10-2055(d)(4)b. 13 10-2057(a) 14 10-2057(b)(2) 15—17 10-2072(b) 18 10-2073(b) 10-2073(c)(2) 19 10-2103(h) 20 10-2141(a)(2), (6), (7), (9) 21 10-2171 22 10-3004 23 10-3013(a), (b) 24 10-3032(d)(4), (5) 25 10-3081 2010-715  4- 6-10 1, 2 8-2123.1(b) 2010-716  4- 6-10 1 8-2092(a) 2010-717  4- 6-10 1 8-2094(c) 2010-718  4- 6-10 1 8-2005 2010-719  4- 6-10 1 8-2040 2010-720  4- 6-10 1 8-2039 2010-724  4-20-10 1 11-2025(c) 2010-732  5- 4-10 1 Added 13-3019 2010-739-TC-332[TC-11(A)-09]  5-18-10 1, 2 10-5003 3 10-5006(a)(2) 4 10-5006(a)(3) 5 Added 10-5006(a)(4)d. 6 10-5006(a)(13)b. 7 10-6032(g)(6) 8 10-6032(m) 9 10-9002 10 10-9023(a) 11 10-9023(b)(1) 12 10-9023(b)(4) 2010-742-TC-333[TC-2-10]  6- 1-10 1 10-2165(b) 2 10-2165(c)(1) 3 10-2165(c)(2) 4 Added 10-2165(c)(3) 5 10-2165(h)(3) 6 10-2165(e) 2010-745-TC-334[TC-11(B)-09]  6-15-10 1 10-5006(a)(5) 2010-752  6-28-10 1 2-2071 2010-753  6-28-10 1 10-2171 10-3081 10-6039(c)—(f), (h)—(n), (p), (r) 10-7002(d) 2010-770-TC-335[TC-3-10]  8- 3-10 1 10-2082.5(d) 2 10-2091 2010-771-TC-336[TC-7-10]  8- 3-10 1—3 10-2054(g)(3) 2010-773  8- 3-10 1 12-1024 2010-774  9- 7-10 1 2-2071 2010-788  9-21-10 1 12-2119(b) 2010-791-TC-337[TC-5-10] 10- 5-10 1 10-3017(b)(28) 2—4 10-3051(c) 5 10-3051(e) 6 10-3073(b)(3) 7 10-3073(b) 8, 9 10-5006(a)(11)d. 10 Rpld 10-5006(a)(11)d.1.—6. 11, 12 10-5006(a)(12)d. 13 10-5007(c) 14 Rpld 10-5007(c)(1)—(7) 15 10-9002 16 10-9003 17 10-9006(a)(1), (2) 10-9028 18 10-9025(b) 19 10-9026(b)e. 20 10-9027(a) 21 10-9027(b) 22 10-9027(c) 2010-793 10-19-10 1 Added 8-2016 2 8-2171 3 8-2173 4 Added 8-2176(a)9. Rnbd 8-2176(a)9.—14. as 8-2176(a)10.—15. 5 Rpld 8-2178 Added 8-2178 2010-806-TC-338[TC-8-10] 11-16-10 1 10-2056(f)(3)a. 10-3051(c) 10-3052(a) 10-3052(a)(1) 10-9041(a)(7) 10-9042(b) 10-9042(b)(3) 2 10-2064(f)(3)a. 10-2064(g) 10-3052.1(a) 10-3052.1(a)(1) 10-3052.1(c) 10-5006(a)(1) 10-5006(a)(1)b. 3 10-2064(f)(3)a. 4 10-5006(a)(1) 10-5006(a)(1)c. 5 10-5003 6 Rpld 10-5006(a)(11), (12) Rnbd 10-5006(a)(13)—(15) as 10-5006(a)(11)—(13) 7 10-5010(a) 8 Added 10-10001—10-10009, 10-10021, 10-10022 2010-815 12- 7-10 1 12-1024(a) 2011-820  1- 4-11 1 7-2004(a)(3)b. 2011-821  1- 4-11 1 Added 7-2004(c) 2011-822  1- 4-11 1 Added 7-2002.1 2 Added 7-2002.2 3 Added 7-2002.3 4 7-2005(c)(1) 5, 6 7-2005(d)(3) 7 7-2006(b) 2011-823  1- 4-11 1 1-3001 2 1-3002 2011-829  1-18-11 1 9-4009(a) 2 9-4011 3 Added 9-4020 4 Added 9-4021 2011-831-TC-340[TC-6-10]  1-18-11 1, 2 10-2002(b) 10-2082.2 3—5 10-2002(b) 6 Added 10-2030(d)(2)c. 7 10-2053(d)(2), (e)(4) 8 Added 10-2057(f)(2)r. Rnbd 10-2057(f)(2)r. as 10-2057(f)(2)s. 9 10-2072(b) 10 10-2082.3(d)(4) 11 10-2082.5(f) 12 10-2082.12(c)(1)f. 13 10-2082.12(c)(3) 14 10-2082.14(a)(2)a. 15 10-2082.14(b)(1)c. 16 10-2082.14(b)(2)f. 17 10-2082.14(c) 18 10-2082.14(d) 19 10-2082.14(e) 20 10-2082.14(f)(2) 21 10-2082.14(f)(3) 22 10-2082.14(f)(3)b. 23 10-2082.14(g) 24 10-2082.14(h) 25 10-2165(b)(2) 26 10-10021(g)(1) 27 10-6032(l) 28 10-9040(b) 29 10-9041 2011-833-TC-341[TC-9-10]  2- 1-11 1 10-3051(d) 2 10-9002 3 10-10002 4 10-10021(d) 2011-834  2- 1-11 1 Added 13-3016(b)(1)j. 3 13-3016(m) 2011-835  2- 1-11 1 Added 12-1024(e)—(j) 2011-836  2- 1-11 1 13-2007 2 13-2031(a)(1), (2) 3 13-2031(c) 2011-837  2- 1-11 1 13-3013 2011-844  2-15-11 1 13-5003 2 13-5005 3 13-5007(a)(1) 4 13-5007(a)(2) 5 13-5007(a)(4) 6 13-5007(a)(5) 7 13-5007(a)(10) 8 13-5007(a)(12) 9 Added 13-5007(a)(15)—(17) Rnbd 13-5007(a)(15), (16) as 13-5007(a)(18), (19) 10 13-5007(a)(19) 11 13-5007(a) 12 13-5008(a) 13 13-5008(b)(1)a., b. 14 13-5008(b)(2)a. 15 13-5008(b)(2)b. 16 13-5008(b)(2)d. 17 13-5008(b)(3) 18 13-5008(b)(4) 19 Added 13-5008(e) 2011-867  4-19-11 1 Added 12-5004(k) 2011-868  5- 3-11 1 8-2063(b) 2011-871-TC-342[TC-1-11]  5- 3-11 1 10-2071 2 10-2072 3 10-2072(b) 4 10-6032(j) 2011-872-TC-343[TC-2-11]  5- 3-11 1 10-2083.1(b)(3)e. 2011-873-TC-344[TC-6-11]  5- 3-11 1 5-2031—5-2048 2011-874  5- 3-11 1 9-10007 2011-878  5-17-11 1 8-2094(c) 2011-879  5-17-11 1 8-2123.1(b) 2011-880  5-17-11 1 8-2040 2011-881  5-17-11 1 8-2039 2011-882  5-17-11 1 8-2092(a) 2011-883  5-17-11 1 8-2005 2011-901-TC-345[TC-4-11]  6- 7-11 1 10-2132.1(a)(1)—(3) 2 Added 10-2132.1(a)(10), (11) 3 Added 10-2074(g) 4 10-2081(a) 5 10-2082.10(b) 6 10-2091 7 10-7002(f)(2) 2011-914  6-21-11 1 11-2207(b)(2) 2011-918  6-21-11 1 10-2171 10-3081 10-6039(c)—(f), (h)—(n), (p), (r) 5-2041(b), (c) 5-2042(b) 5-2043(a) 2011-919  6-21-11 1 10-8003(a) 2011-920  6-21-11 1 10-8003(a) 2011-931  7-19-11 1 Rpld 2-2028(b)—(d) Rnbd 2-2028(e) as 2-2028(b) 2011-941-TC-341[TC-5-11]  9- 6-11 1 10-2002(b) 2 10-2071 3 10-2072 4, 5 10-2072(b) 6 10-2088 7 10-6039(e) 2011-942  9- 6-11 1 2-2023 2011-952 10- 4-11 1 9-10006 2 9-10007 3 9-10008 2011-953 10- 4-11 1, 2 12-2161 2011-958 11- 1-11 1 1-3001 2 1-3002 2011-961-TC-347[TC-7-11] 11- 1-11 1 10-1011(b) 2011-962-TC-348[TC-8-11] 11- 1-11 1 Rpld 10-6034.1(b) Rnbd 10-6034.1(c) as 10-6034.1(b) 2011-963-TC-349[TC-10-11] 11- 1-11 1 Pt. 10, Ch. 1, Art. E (tit.) 10-1052 10-1053 10-1054 10-1055 10-2052 10-2083.1(b)(2) 10-2132.2(i)(3)h. 10-3013(b)(2)a.2. 10-6035(h) 10-6181 2011-964-TC-350[TC-11-11] 11- 1-11 1 10-6003 2 10-6004 10-6005 3 10-6007 4 10-6009 2011-967 11-15-11 1 1-3001(h) 2 1-3002 2011-980 11-15-11 1 Added 12-2176(j) 2 12-2177(b) 3 12-2177(c) 4 12-2178(a) 2011-981 12- 6-11 1 8-2111—8-2140.11 2011-982 12- 6-11 1 8-2163 2 Rpld 8-2171 3 8-2172 2011-989 12- 6-11 1 12-1060(b) 2 9-2021 3 9-2022(e) 2012-3  1-17-12 1, 2 11-2025 2012-8-TC-351[TC-1-12]  2- 7-12 1 10-2132.2(c)(1)b. 2 10-3013(b)(2)b. 2012-9-TC-352[TC-2-12]  2- 7-12 1 10-2021(b)(3)a. 10-2022(b)(3)a. 10-2023(b)(3)a. 10-2024(b)(3)a. 10-2025(b)(3)a. 10-2032(b)(2) 10-2035(b)(2) 10-2036(b)(2) 10-2040(b)(2) 10-2041(b)(2) 10-2042(b)(2) 10-2043(b)(2) 10-2045(b)(2) 2 10-2071 3 10-2072 10-2072(b) 4 10-2144 10-2144(b) 2012-16  2-21-12 1 12-2161 2012-19  3- 6-12 1 12-1039 2012-29  3-20-12 1 13-2007 2 13-2031(a)(2) 2012-31  4- 3-12 1 3-1001 2 3-1002 3 1-3001(r) 2012-35  4- 3-12 1 Added 11-2174(c) 2012-38  5- 1-12 1 8-2094(c) 2012-39  5- 1-12 1 8-2040 2012-40  5- 1-12 1 8-2039 2012-41  5- 1-12 1 8-2005 2012-42  5- 1-12 1 8-2123.1(b) 2012-48  5-14-12 1 Rpld 8-2175(d)(1) Rnbd 8-2175(d)(2), (3) as 8-2175(d)(1), (2) 2 Added 8-2176(a)1. Rnbd 8-2176(a)1.—15. as 8-2176(a)2.—16. 2012-49  5-14-12 1 8-2123.1(b) 2012-52  5-14-12 1 8-2092(a) 2012-57  6- 5-12 1 11-2025(c) 2 11-2025(f) 2012-59  6- 5-12 1 12-3002(a) 2 Rpld 12-3013—12-3018 3 12-3036(b) 4 12-3064 5 12-3074 2012-65  6-18-12 1 10-2171 10-3081 10-6039(c)—(f), (h)—(n), (p), (r) 10-7002(d) 5-2041(b), (c) 5-2042(b) 5-2043(a) 2012-66  6-18-12 1 10-8003(a) 10-3024(b) 2012-69  6-18-12 1 1-1024 2012-70  6-19-12 1 8-2093 2012-81  6-19-12 1 8-2077(a) 2 8-2077(a) 8-2094(c) 3 8-2092(a) 2012-82-TC-353[TC-7-09]  6-19-12 1 Added 10-2065 2 10-2081(b)(1)a. 3 10-2081(b)(1)b.4. 4 Added 10-2081(c)(8) 5 10-6032(j) 2012-87  7- 3-12 1 12-1024(b) 2012-97  8- 7-12 1 8-2172 2012-100  9-18-12 1 12-4002 2012-108 10- 2-12 1 12-3031 2012-116 11- 6-12 1 8-2172 2012-120 11- 6-12 1 Added 13-3016(b)(1)k. 2012-122 11-20-12 1 11-2001 2 Added 11-2171(b)(13) 2012-134-TC-354[TC-4-12] 12- 4-12 1 10-2051(b) 2 10-2072(b) 2012-135-TC-355[TC-6-12] 12- 4-12 1—3 10-2072(b) 4—9 10-2083.2 2012-137 12- 4-12 1 7-2004(a)(2) 2 7-2005(d)(1) 2013-148-TC-356[TC-5-12]  2- 5-13 1 10-2002(b) 2, 3 10-2071 4, 5 10-2072 6, 7 10-2072(b) 8 10-2081 9 10-2088 10—12 10-2083.2 13 10-2144 14 10-2144(b) 15 10-6032(j) 2013-151-TC-357[TC-3-12]  2-18-13 13(a) Rpld 10-1001, 10-1002, 10-1011, 10-1021, 10-1051—10-1055, 10-1061 (b) Rpld 10-2054(g)(1) Rpld 10-2082.14 Rpld 10-2132.2(b)(12), (13), (16) Rpld 10-2151—10-2153 Rpld 10-2161—10-2166 (c) Rpld 10-3001—10-3010, 10-3012—10-3017, 10-3020—10-3059, 10-3071—10-3074, 10-3081 (d) Rpld 10-4001—10-4017 (e) Rpld 10-5001—10-5016 (f) Rpld 10-6001—10-6012, 10-6021—10-6027, 10-6031—10-6044, 10-6051—10-6060, 10-6075—10-6085, 10-6095, 10-6096, 10-6101—10-6108, 10-6121—10-6138, 10-6171, 10-6172, 10-6180—10-6186, 10-6187—10-6208 (g) Rpld 10-7001—10-7003 (h) Rpld 10-8001—10-8006 (i) Rpld 10-9001—10-9009, 10-9021—10-9028, 10-9040—10-9044 (j) Rpld 10-10001—10-10009, 10-10021, 10-10022 2013-154-TC-358[TC-1-13]  2-19-13 1 10-2165(c)(1) 2013-157  2-19-13 1 12-3004 2 Added 12-3022 2013-171  4-16-13 1 7-2005(f) 2013-172  4-16-13 1 8-2094(c) 2013-173  4-16-13 1 8-2040 2013-174  4-16-13 1 8-2039 2013-175  4-16-13 1 8-2005 2013-176  4-16-13 1 8-2077(a) 2013-179  4-16-13 1 Pt. 8, Ch. 2, Art. B, Div. 3 (tit.) 2 8-2091 3 8-2092 4 8-2123.1 2013-184  5- 7-13 1 10-2171 10-3081 10-6039(c)—(f), (h)—(n), (p), (r) 10-7002(d) 5-2041(b), (c) 5-2042(b) 5-2043(a) 2013-185  5- 7-13 1 10-8003(a) 10-3024(b) 2013-197  6-18-13 1 8-2091 2 Rpld 8-2093 3 8-2092 4 8-2092(a) 5 8-2094 (tit.) 6 8-2094(a) 7 8-2094(b) 8 8-2095 2013-208  6-18-13 1 1-1024(a) 2 1-1024(b) 3 1-1024(c) 2013-209  7- 2-13 1 9-1001 2013-210  7- 2-13 1 Rpld 8-2065 Added 8-2065 2013-221  9- 3-13 1 1-1024(d) 2013-239 11- 5-13 1 Rpld 9-7022 2 11-2001 11-2171 11-2174(a) 3 11-3001—11-3007 4 Added 11-2137 2014-253  1- 7-14 1 5-2034 5-2038 5-2039(a) 5-2046 5-2048 2 5-2048(c)(1) 3 Added 5-2049—5-2051 2014-262  1-21-14 1 8-1002 2—9 8-2001—8-2008 10 8-2009(c) 11—17 8-2010—8-2016 18—24 8-2031—8-2037 25—27 8-2039—8-2041 28—31 8-2061—8-2064 32 Rpld 8-2066 33 8-2068 34 8-2070 35—37 8-2074—8-2076 38 8-2078 39 8-2148(a) 40 8-2163 41—45 8-2181—8-2185 46 8-2186(2) 47 8-2188 48 8-2193 49 8-2196, 8-2197 50 8-2198 51(1) 8-2141 8-2144, 8-2145 8-2147(b) 8-2148(b) 8-2149(b) 8-2153(b) 8-2154 8-2155(b) 8-2163 8-2166—8-2168 8-2170 8-2172 8-2173 8-2175(d)(2) 8-2177(b) 8-2201 8-2203 8-2204 8-2241—8-2243 51(2) 8-2007(d), (f) 8-2202 2014-282  4- 1-14 1 Added 9-2029 2014-284  4-15-14 1 Added 9-5006(d) 2014-285  4-15-14 1 7-2005(d)(1) 2 7-2005(d)(3) 3 Added 7-2005(d)(4) 2014-289  4-15-14 1 Rpld 1-3001—1-3003 3 Added 1-3001 2014-294  5- 6-14 1 8-2094(c) 2014-295  5- 6-14 1 8-2040 2014-296  5- 6-14 1 8-2039 2014-297  5- 6-14 1 8-2005 2014-298  5- 6-14 1 8-2077 2014-303  5-20-14 1 5-2041(b), (c) 5-2042(b) 5-2043(a) 10-2171 2014-319  6- 9-14 1 1-1024(a) 2 1-1024(b) 3 1-1024(c) 2014-337  9- 2-14 1—3 8-2001 4 8-2003 5 8-2004 6 8-2014 7 Added 8-2017 8 8-2078 9 8-2198 2014-340-TC-360[TC-3-14]  9- 2-14 1 10-2131 2 10-2141 3 10-2142 4 10-2143 5 Rpld 10-2171 6 10-2144 7 Rpld 10-2145 10-2144 8 Rpld 10-2146 2014-343  9-16-14 1 11-2188 2—5 11-2207(b) 6 11-2208 7 12-1052(a) 8—11 12-1053 12 12-1059 13 Added 12-1061 14 12-4001 15 12-4002 16 12-5007 17 12-5008 2014-349 10- 7-14 1 Added 12-2117 2 12-2118 3 12-2119(b) 4 12-2119(d) 5 12-2120 6 12-2122(a) 7 12-2123 8 12-2124 9 Rpld 12-2125 10 Added 12-2126—12-2130 11 12-5001 12 12-5006 2014-360 10-21-14 1 4-1004(a) 2014-370 12- 2-14 1 12-2129(c) 2014-371 12- 2-14 1 9-6011 2015-386  1- 6-15 1 9-6001 2 9-6002(a) 9-6007 2015-396  2-16-15 1 8-2091 2 8-2094 3 Added 8-2096 2015-397  2-16-15 1 Rpld 8-2141—8-2156 Added 8-2141—8-2156 2015-401  3- 3-15 1 Rpld 9-8001—9-8014 Added 9-8001—9-8010 2015-414  4- 2-15 2 5-2041(b), (c) 5-2042 5-2043 2015-416  4- 7-15 1 8-2094(c) 2015-417  4- 7-15 1 8-2040 2015-418  4- 7-15 1 8-2039 2015-419  4- 7-15 1 8-2005 2015-420  4- 7-15 1 8-2077(a) 2015-423-TC-364[TC-1(A)-14]  4- 7-15 1 10-2002 2, 3 10-2083.2 4 Added 10-2083.3(13), (14) Rnbd 10-2083.3(13) as 10-2083.3(15) 5 10-2083.4(a)(2) 2015-424-TC-365[TC-1(B)-14]  4- 7-15 1 10-2002 3, 6 10-2083.2 8 10-2083.1(h) 10 Added 10-2083.4(a)(5) 2015-435-TC-368[TC-5-15]  5- 5-15 1 5-2041 2 5-2042 3 5-2043 4 Rpld 10-2132.2(j) 5 Rpld 10-2132.2(k) 2015-439  5-19-15 1 Added 9-2023 2015-454  6-15-15 1 1-1024(a) 2 1-1024(b) 3 1-1024(c) 2015-479  8- 4-15 1 12-2121 2 9-7002(a) 3 9-7007 2015-489  9-15-15 1 12-1024(b) 2015-491 10- 7-15 1 8-2154 2015-492 10- 7-15 1 Rnbd 5-2047—5-2051 as 5-2048—5-2052 2 Added 5-2047 2015-502 10-20-15 1 12-4002 2015-519 11-17-15 1 Added 12-1041 3 Rpld 12-2121 4 Rpld 9-7007 2015-525 12- 1-15 Added 11-2177(f) 2016-532  1- 5-16 1 Rpld 1-1036 2 Rpld 1-1051(note) 2016-552  3- 1-16 1—5 12-3004 6 Pt. 12, Ch. 3, Art. C (tit.) 7 12-3022 8 Added 12-3023—12-3025 9 12-3067 10 12-3069(b) 2016-555  3-15-16 1 Added 12-1024.1 2016-562  3-21-16 1 8-2077 2016-563  3-21-16 1 8-2040 2016-565  3-21-16 1 8-2039 2016-566  3-21-16 1 8-2005 2016-567  3-21-16 1 8-2094(c) 2016-594  6- 7-16 1—6 12-1041 2016-595  6- 7-16 1 12-1041 2016-604  6-20-16 1—3 1-1024(a)—(c) 2016-606  6-20-16 1 9-10007 2 9-10008 2016-607  6-21-16 1 12-4002 2016-612  6-21-16 1 12-6003(d) 2016-613  6-21-16 1 Added 11-2189 2 Added 11-2171(b)(14) 2017-662  1-17-17 1 12-1039 2017-663  1-17-17 1 9-2018 2017-665  2- 7-17 1 8-2074 2017-682  3-15-17 1 8-2077(a) 2017-683  3-15-17 1 8-2040 2017-684  3-15-17 1 8-2005 2017-685  3-15-17 1 8-2039 2017-686  3-15-17 1 8-2005 2017-687  3-15-17 1 8-2094(c) 2017-688  3-21-17 1 12-4002 2017-697  4-18-17 1 8-2096(f) 2017-725  7- 5-17 1 Added 12-4003 2017-735  9- 5-17 1 8-2092 2 Added 8-2092.1 2018-817  4-17-18 1 11-2182 2018-823  5- 1-18 1 12-1041(a) 2 12-1041(c) 2018-835  6- 5-18 1 8-2092 2 8-2092.1 2018-841  6-11-18 1 8-2039 2018-842  6-11-18 1 8-2005(a) 2018-843  6-11-18 1 8-2094(c) 2018-844  6-11-18 1 8-2077(a) 2018-845  6-11-18 1 8-2040 2018-846  6-11-18 1 8-2096(f) 2018-850  6-11-18 1 1-1024 2018-857  6-19-18 1 12-1024.1(a), (f) 2018-874  9-18-18 1 8-2141 2 8-2147(b), (c) 3 8-2148(c) 4 8-2155(b) 5 8-2149(d) 6 8-2150 2018-881 10- 2-18 1 Added 13-2032 2018-895 11-20-18 1 11-3003 2 11-3004 3 11-3005 2019-911  1- 8-19 1 13-3016(a) 2 13-3016(b) 2019-923  3- 5-19 1 8-2004 2019-938  4-16-19 1 8-2091 2 8-2095 2019-949  6- 4-19 1(Att. A) 5-2041(b), (c) 5-2042(b) 5-2043(a), (d) 5-2044 6-2021(a)(5), (b)(5), (c)(1) 6-4007(b) 7-2004(a)(3)b.1., 2. 8-2005(a) 8-2204 9-4002(c) 9-5002(c) 12-1024(b)(1), (e) 12-1024.1(b)(3) 12-1041(d)(2)a. 2 5-2042(b) 3 5-2043(a) 4 6-4004(b) 5 6-2022(a) 6 7-2004(c)(2) 7 9-4002(b) 8 9-6007 9 9-7004(c) 10 11-2188 11 11-6001(c) 12 12-1061(b) 13 12-2122(b) 14 12-2128(e) 15 14-1002 2019-960  6-10-19 1 8-2005 2019-961  6-10-19 1 8-2039 2019-962  6-10-19 1 8-2077 2019-963  6-10-19 1 8-2040 2019-964  6-10-19 1 8-2041 2019-966  6-10-19 1 8-2094(c) 2019-967  6-10-19 1 8-2096(f) 2019-968  6-10-19 1 8-2204 2 8-2125(5) 2019-970  6-18-19 1 9-1003(a) 2 9-7001 3 9-7002 2019-20 11-19-19 1 12-1057(d) 2019-24 11-19-19 1—3 11-2001 2019-25 11-19-19 1 11-2201—11-2216 2019-35 12- 3-19 1 Rnbd 6-6011 as 6-1011 2 Rnbd 6-1003—6-6010 as 6-1003—6-1010 3 6-1011(a) 2020-17  3-17-20 1 11-2188 2020-57  2-18-20 1—4 1-1021—1-1023 5, 6 1-1025, 1-1026 7 1-1028 8—18 1-1030—1-1035 19 1-1038 20, 21 1-1041 2020-64  3- 3-20 1, 2 12-1024(h) 2020-76  4- 7-20 1 12-1022(a) 2 2-4003 2020-96  6-15-20 1 2—4 2-3001 4 2-3003 5 2-3004 2-3006 6 8-2004(a) 7, 8 8-2005 9 8-2011 10—12 8-2039—2041 13 8-2061 14 8-2077(a) 15, 16 8-2092(a), (b) 17 8-2094 18 8-2096 19 8-2125 20 8-2154 21 14-1002 2020-101  6-15-20 1, 2 5-2047 2020-123  8-18-20 1—3 11-3003 4 12-1007 2020-114  7- 7-20 1 12-3004 2 12-3007(b) 3 Added 12-3013 4 12-3009 5 Added 12-3010 6 12-3069(d) 2020-134 10- 6-20 1 4-3003 2020-166 12- 1-20 1 11-2021—11-2027 2020-167 12- 1-20 1 11-2170—11-2190 2021-175  1- 5-21 1 4-1004(e) 2021-189  2- 2-21 1 12-1024.1(c)(7) 2021-204  3- 2-21 1 Rpld 6-3001 Added 6-3001—6-3003 2021-208  3-16-21 1 Added 9-6001.1 2021-221  4-20-21 1 4-2002 2021-258  7- 6-21 1 5-2047 2021-262  7- 6-21 1 4-1004(a) 2021-266  8-18-21 1 1-1026(a) 2021-272  9- 7-21 1 12-7002 2 12-7015 2021-287 10- 5-21 1 12-4002 2021-305 11-16-21 1 12-1024(h)(10) 2022-321  1-18-22 1 11-2177 2022-332  2- 1-22 1 12-7015 2022-339  2-15-22 1 2-2041 2 8-2002 3 8-2013 4 9-2013 5 9-2014 6 9-2015 7 9-2016 8 9-2018 9 9-9022 10 9-9025 11 9-4012 12 9-6018 13 9-7003 14 9-7023 15 9-7024 16 9-7025 17 9-7026 18 9-7027 19 11-2026 20 11-2071 21 11-2072 22 11-2091 23 11-2092 24 11-2132 25 12-1001 26 12-1005 27 12-1006 28 12-1021 29 12-1024 30 12-1025 31 12-1026 32 12-1035 33 12-1036 34 12-1037 35 12-1038 36 12-1039 37 12-1040 38 12-1056 39 12-1057 40 12-1058 41 12-1060 42 12-2117 43 12-3007 44 12-3011 45 12-3021 46 12-4001 47 12-4002 48 12-5002 49 12-5003 50 12-5006 51 12-5007 52 12-5011 53 12-7003 54 12-7004 55 13-2001 56 13-2002 57 13-2007 58 13-2010 59 13-2010.1 60 13-5007 61 13-3013 62 14-1005 63 14-1011 2022-340  2-15-22 1 9-8009 2 12-2024 3 12-2124 4 12-2144 5 12-2159 6 12-7015 2022-346  3-15-22 3 12-1041 4 added 5-2035(b)(4) 2022-359  4-19-22 1 11-2188 1985-665 11- 5-85 1 Art. B(tit.) 2 9-1011, 9-1012 2022-364  5-17-22 1 Added 1-4021—1-4024 2022-387  6-13-22 1 Rpld 12-2131—12-2144 2022-395  7- 5-22 1 12-3004 2 Added 12-3075 3 Added 12-3076 4 Added 12-3077 2022-398  7- 5-22 1 7-1002 7-2001 7-2002.1—7-2002.3 7-2003—7-2006 2022-399  7- 5-22 1 14-1002 2 Added 12-4012 3 12-4001 2022-401  8-16-22 1 12-4001 2022-429 10-18-22 1 Added Pt. 6, Ch. 5 2 Added 6-5001 3 Added 6-5002 2022-441 11-15-22 1 1-1024(b) 2023-474  3- 7-23 1 Added 11-2025(e) 2 Added 11-2191 (2023) 490  4- 4-23 1 Added 13-2033 (2023) 514  6- 6-23 1 9-6007 (2023) 524  6-12-23 1 11-2025 (2023) 525  6-20-23 1 12-4012(a) (2023) 532  7- 5-23 1 1-1021 2 1-1026 3 Added 1-1036 (2023) 535  7- 5-23 1 11-2182