NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 702

HOUSE BILL 772

 

 

AN ACT REVISING THE PROCEDURES FOR ADOPTION OF COUNTY ORDINANCES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 153-9(55) is amended by striking out the second paragraph and inserting in lieu thereof the following:

"No ordinance adopted pursuant to authority granted by this section may be finally passed at the meeting at which it is introduced unless it receives the unanimous approval of all the members of the board (not including the chairman if he does not participate in the vote). An ordinance which is approved by less than a unanimous vote shall be voted upon again at the next regular meeting of the board, and shall be adopted if it then receives a majority of the votes cast. This paragraph does not apply to ordinances adopted under authority of other portions of the General Statutes or of local acts."

Sec. 2.  G.S. 153-9(55) is amended by deleting the third paragraph and inserting in lieu thereof the following:

"The board of commissioners shall cause the clerk to the board to keep an ordinance book which shall be separate from the commissioners' minute book and in which shall be recorded all county ordinances. No ordinance, whether adopted pursuant to this subdivision or another law, shall be effective until it is recorded and indexed in the ordinance book."

Sec. 3.  The third sentence of the first unnumbered paragraph of G.S. 153-9(55) is rewritten to read as follows: "Nothing herein shall confer upon any county any power or authority (not now possessed by such county) relating to the regulation or control of vehicular or pedestrian traffic on streets and highways under the control of the State Highway Commission, nor to the regulation or control of highway rights of way in any manner inconsistent with State law or ordinances of the State Highway Commission, nor to the regulation of the rights-of-way or rights-of-passage of public utilities, electric membership corporations or public agencies of the State."

Sec. 4.  This act shall become effective on July 1, 1971.

In the General Assembly read three times and ratified, this the 30th day of June, 1971.