Part I. SESSION LAWS, Code of Ordinances, Burke County (2024)

Of the North Carolina General Assembly

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

SESSION LAW 2004-29

HOUSE BILL 1425

AN ACT TO ALLOW THE BROUGHTON POLICE DEPARTMENT TO ENTER INTO MUTUAL AID AGREEMENTS WITH THE CITY OF MORGANTON POLICE DEPARTMENT AND THE BURKE COUNTY SHERIFF'S OFFICE, AND TO ALLOW THE BROUGHTON POLICE DEPARTMENT TO EXERCISE ITS POWERS AT WESTERN PIEDMONT COMMUNITY COLLEGE.

The General Assembly of North Carolina enacts:

SECTION 1.(a)

The Broughton Police Department (the "joint security force" created under G.S. 122C-430) shall be considered a law enforcement agency under G.S. 160A-288(b)(2).

SECTION 1.(b)

This section applies only to the City of Morganton and to Burke County.

SECTION 2.(a)

G.S. 122C-430 reads as rewritten:

"§ 122C-430. Joint security force.

(a)

The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143-116.6 or G.S. 143-116.7 or pursuant to the authority granted the Department by any other law on the territory of the Broughton Hospital, North Carolina School for the Deaf, Western Regional Vocational Rehabilitation Facility, Western Carolina Center, and the surrounding grounds and land adjacent to Broughton Hospital allocated to the Department of Agriculture and Consumer Services, all in Burke County. After taking the oath of office for law enforcement officers as set out in G.S. 11-11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory embraced by the named facilities. These special police officers may arrest persons outside the territory of the named institutions but within the confines of Burke County when the person arrested has committed a criminal offense within that territory for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.

(b)

With the agreement of the board of trustees of Western Piedmont Community College and the Department of Health and Human Services, these special police officers may exercise any and all of the powers enumerated in this Part upon or in pursuit from the property owned or operated (or both) by the trustees of Western Piedmont Community College."

SECTION 2.(b)

This section applies only in Burke County .

SECTION 3.

This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 28th day of June, 2004.

GENERAL ASSEMBLY OF NORTH CAROLINA

1995 SESSION

CHAPTER 143

SENATE BILL 556

AN ACT TO SPECIFY HOW THE PROCEEDS OF THE BURKE OCCUPANCY TAX SHALL BE DIVIDED BETWEEN THE TWO PURPOSES FOR WHICH THEY MAY BE USED.

The General Assembly of North Carolina enacts:

Section 1.

Section 1(e) of Chapter 422 of the 1989 Session Laws reads as rewritten:

"(e)

Use of tax revenue. Burke County shall use the net proceeds of the occupancy tax only to promote economic development and travel and tourism in Burke County. The county shall allocate the net proceeds one-half for economic development and one-half for travel and tourism. As used in this subsection, 'net proceeds' means gross proceeds less the cost to the county of administering and collecting the tax, as determined by the finance officer."

Sec. 2.

Effective July 1, 1996, Section 1(e) of Chapter 422 of the 1989 Session Laws, as amended by this act, reads as rewritten:

"(e)

Use of tax revenue. Burke County shall use the net proceeds of the occupancy tax only to promote economic development and travel and tourism in Burke County. The county may allocate the net proceeds one-half for economic development and one-half for travel and tourism or in any other ratio the board of commissioners considers appropriate. As used in this subsection, 'net proceeds' means gross proceeds less the cost to the county of administering and collecting the tax, as determined by the finance officer."

Sec. 3.

Section 2 of this act becomes effective July 1, 1996. The remainder of this act becomes effective July 1, 1995.

In the General Assembly read three times and ratified this the 1st day of June, 1995.

GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

CHAPTER 478

HOUSE BILL 815

AN ACT AUTHORIZING VARIOUS COUNTIES TO ASSIST THOROUGHFARE PLAN IMPLEMENTATION .

The General Assembly of North Carolina enacts:

Section 1.

A county may expend funds, not otherwise limited as to use by law, and may exercise the power of eminent domain, following procedures authorized to counties by general law, for the purpose of acquiring land or rights-of-way for thoroughfare construction and improvement projects which have been included in:

(1)

A Department of Transportation annual construction program or a multiyear transportation improvement program;

(2)

A roadway corridor official map adopted by the Board of Transportation or a municipal governing board;

(3)

A comprehensive street system plan, collector street plan, or thoroughfare plan adopted by local governments or their planning agencies; or

(4)

A transportation improvement plan adopted by a metropolitan planning organization.

Sec. 2.

A county may accept donations and dedications of land or rights-of-way for the construction and improvement of streets, highways, or other thoroughfares included in the official plans and programs listed in Section 1 of this act.

Sec. 3.

A county may, pursuant to the authority of G.S. 160A-461, for interlocal undertakings, enter into agreements with municipal governments in the county to provide funding assistance to them for the purpose of acquiring land or rights-of-way for the design, construction, or improvement of streets, highways, or other thoroughfares included in the official plans or programs listed in Section 1 of this act.

Sec. 4.

Any land or rights-of-way acquired by a county, pursuant to this act, shall, prior to use for street, highway, or thoroughfare construction or improvement, be transferred to the governmental agency (Department of Transportation or municipality) which is carrying out the construction or improvement.

Sec. 5.

Nothing in this act shall be construed to authorize a county to undertake actual construction or improvement of streets, highways, or thoroughfares.

Sec. 5.1.

This act applies only to Burke, Cabarrus, and Mecklenburg Counties.

Sec. 6.

This act is effective upon ratification.

In the General Assembly read three times and ratified this the 23rd day of July, 1993.

GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

CHAPTER 496

HOUSE BILL 624

AN ACT TO MODIFY THE AUTHORITIES OF MCDOWELL COUNTY, BURKE COUNTY AND FORSYTH COUNTY AND THE MUNICIPALITIES THEREIN TO UNDERTAKE LOCAL DEVELOPMENT ACTIVITIES.

The General Assembly of North Carolina enacts:

Section 1.

G.S. 158-7.1 reads as rewritten:

"§ 158-7.1. Local development.

(a)

Each county and city in this State is authorized to make appropriations for the purposes of aiding and encouraging the location of manufacturing enterprises, making industrial surveys and locating industrial and commercial plants in or near such city or in the county; encouraging the building of railroads or other purposes which, in the discretion of the governing body of the city or of the county commissioners of the county, will increase the population, taxable property, agricultural industries and business prospects of any city or county. These appropriations may be funded by levy of property taxes pursuant to G.S. 153A-149 and G.S. 160A-209, by the allocation of general fund and utility fund revenues, and by the allocation of other revenues unless the use of the other revenues for local development purposes has been expressly prohibited by law.

(b)

A county or city may undertake the following specific economic development activities. (This listing is not intended to limit by implication or otherwise the grant of authority set out in subsection (a) of this section). The activities listed in this subsection (b) may be funded by the levy of property taxes pursuant to G.S. 153A-149 and G.S. 160A-209 and by the allocation of other revenues whose use is not otherwise restricted by law.

(1)

A county or city may acquire and develop land for an industrial park, to be used for manufacturing, assembly, fabrication, processing, warehousing, research and development, office use, or similar industrial or commercial purposes. A county may acquire land anywhere in the county, including inside of cities, for an industrial park, while a city may acquire land anywhere in the county or counties in which it is located. A county or city may develop the land by installing utilities, drainage facilities, street and transportation facilities, street lighting, and similar facilities; may demolish or rehabilitate existing structures; and may prepare the site for industrial or commercial uses. A county or city may engage in site preparation for industrial properties or facilities, whether the industrial property or facility is publicly or privately owned. A county or city may convey property located in an industrial park pursuant to subsection (d) of this section.

(2)

A county or city may acquire, assemble, and hold for resale property that is suitable for industrial or commercial use. A county may acquire such property anywhere in the county, including inside of cities, while a city may acquire such property inside the city or, if the property will be used by a business that will provide jobs to city residents, anywhere in the county or counties in which it is located. A county or city may convey property acquired or assembled pursuant to this paragraph pursuant to subsection (d) of this section.

(3)

A county or city may acquire options for the acquisition of property that is suitable for industrial or commercial use. The county or city may assign such an option, following such procedures, for such consideration, and subject to such terms and conditions as the county or city deems desirable.

(4)

A county or city may acquire or construct one or more "shell buildings," which are structures of flexible design adaptable for use by a variety of industrial or commercial businesses. A county or city may convey or lease a shell building or space in a shell building pursuant to subsection (c) of this section.

(5)

A county or city may extend or may provide for or assist in the extension of utility services to an industrial facility, whether the utility is publicly or privately owned.

(6)

A county or city may extend or may provide for or assist in the extension of water and sewer lines to industrial properties or facilities, whether the industrial property or facility is publicly or privately owned.

(c)

Any appropriation or expenditure pursuant to subsection (b) of this section must be approved by the county or city governing body after a public hearing. The county or city shall publish notice of the public hearing at least 10 days before the hearing is held. The notice shall describe the interest to be acquired, the proposed acquisition cost of such interest, the governing body's intention to approve the acquisition, the source of funding for the acquisition and such other information needed to reasonably describe the acquisition.

(d)

A county or city may lease or convey interests in real property held or acquired pursuant to subsection (b) of this section in accordance with the procedures of this subsection (d). A county or city may convey or lease interests in property by private negotiation and may subject the property to such covenants, conditions, and restrictions as the county or city deems to be in the public interest or necessary to carry out the purposes of this section. Any such conveyance or lease must be approved by the county or city governing body, after a public hearing. The county or city shall publish notice of the public hearing at least 10 days before the hearing is held; the notice shall describe the interest to be conveyed or leased, the value of the interest, the proposed consideration for the conveyance or lease, and the governing body's intention to approve the conveyance or lease. Before such an interest may be conveyed, the county or city governing body shall determine the fair market value of the interest, subject to whatever covenants, conditions, and restrictions the county or city proposes to subject it to; the consideration for the conveyance may not be less than the value so determined.

(e)

All appropriations and expenditures pursuant to subsections (b) and (c) of this section shall be subject to the provisions of the Local Government Budget and Fiscal Control Acts of the North Carolina General Statutes, respectively, for cities and counties. The budget format for each such governing body shall make such disclosures in such detail as the Local Government Commission may by rule and regulation direct.

(f)

All appropriations and expenditures pursuant to subsections (b) and (c) of this section shall be subject to the following limitations: No county or city shall have an aggregate investment outstanding at any one time which exceeds one-half of one percent (0.5%) of the outstanding assessed property tax valuation for the governing body as of January 1 of each year, beginning January 1, 1986.

(g)

Repealed by Session Laws 1989, c. 374, s. 1."

Sec. 2.

This act applies to McDowell County, Burke County and Forsyth County and the municipalities therein only.

Sec. 3.

This act is effective upon ratification.

In the General Assembly read three times and ratified this the 2nd day of July, 1991.

GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

CHAPTER 422

SENATE BILL 395

AN ACT TO AUTHORIZE BURKE COUNTY TO LEVY A ROOM OCCUPANCY AND TOURISM DEVELOPMENT TAX .

The General Assembly of North Carolina enacts:

Section 1. Occupancy tax.

(a)

Authorization and scope. The Burke County Board of Commissioners may by resolution, after not less than 10 days' public notice and after a public hearing held pursuant thereto, levy a room occupancy tax of three percent (3%) of the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the county that is subject to sales tax imposed by the State under G.S. 105-164.4(3). This tax is in addition to any State or local sales tax. This tax does not apply to accommodations furnished by nonprofit charitable, educational, or religious organizations.

(b)

Collection. Every operator of a business subject to the tax levied under this section shall, on and after the effective date of the levy of the tax, collect the tax. This tax shall be collected as part of the charge for furnishing a taxable accommodation. The tax shall be stated and charged separately from the sales records, and shall be paid by the purchaser to the operator of the business as trustee for and on account of the county. The tax shall be added to the sales price and shall be passed on to the purchaser instead of being borne by the operator of the business. The county shall design, print, and furnish to all appropriate businesses and persons in the county the necessary forms for filing returns and instructions to ensure the full collection of the tax. An operator of a business who collects the occupancy tax levied under this section may deduct from the amount remitted to the county a discount of three percent (3%) of the amount collected.

(c)

Administration. The county shall administer a tax levied under this section. A tax levied under this section is due and payable to the county finance officer in monthly installments on or before the 15th day of the month following the month in which the tax accrues. Every person, firm, corporation, or association liable for the tax shall, on or before the 15th day of each month, prepare and render a return on a form prescribed by the county. The return shall state the total gross receipts derived in the preceding month from rentals upon which the tax is levied.

A return filed with the county finance officer under this section is not a public record as defined by G.S. 132-1 and may not be disclosed except as required by law.

(d)

Penalties. A person, firm, corporation, or association who fails or refuses to file the return required by this section shall pay a penalty of ten dollars ($10.00) for each day's omission. In case of failure or refusal to file the return or pay the tax for a period of 30 days after the time required for filing the return or for paying the tax, there shall be an additional tax, as a penalty, of five percent (5%) of the tax due in addition to any other penalty, with an additional tax of five percent (5%) for each additional month or fraction thereof until the tax is paid. The board of commissioners may, for good cause shown, compromise or forgive the additional tax penalties imposed by this subsection.

Any person who willfully attempts in any manner to evade a tax imposed under this section or who willfully fails to pay the tax or make and file a return shall, in addition to all other penalties provided by law, be guilty of a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000), imprisonment not to exceed six months, or both.

(e)

Use of tax revenue. Burke County shall use the net proceeds of the occupancy tax only to promote economic development and tourism in Burke County. As used in this subsection, "net proceeds" means gross proceeds less the cost to the county of administering and collecting the tax, as determined by the finance officer.

(f)

Effective date of levy. A tax levied under this section shall become effective on the date specified in the resolution levying the tax. That date must be the first day of a calendar month, however, and may not be earlier than the first day of the second month after the date the resolution is adopted.

(g)

Repeal. A tax levied under this section may be repealed by a resolution adopted by the Burke County Board of Commissioners. Repeal of a tax levied under this section shall become effective on the first day of a month and may not become effective until the end of the fiscal year in which the repeal resolution was adopted. Repeal of a tax levied under this section does not affect a liability for a tax that was attached before the effective date of the repeal, nor does it affect a right to a refund of a tax that accrued before the effective date of the repeal.

Sec. 2.

This act is effective upon ratification.

In the General Assembly read three times and ratified this the 23rd day of June, 1989.

GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

CHAPTER 1002

HOUSE BILL 2172

AN ACT TO ALLOW THE CITIES OF KINSTON AND MORGANTON, AND THE COUNTIES OF BURKE AND LENOIR TO ACQUIRE LAND FOR INDUSTRIAL DEVELOPMENT AND DISPOSE OF SAME WITHOUT PUBLIC SALE.

The General Assembly of North Carolina enacts:

[Sections 1 through 3.1 of this bill are not printed, being irrelevant to Burke County.]

Sec. 3.2.

(a)

A county may acquire real property for industrial development purposes, and in sale, lease or other conveyance of such real property for industrial development purposes are exempt from all provisions, restrictions and limitations required to effectuate sales, leases or other conveyances of real property provided for in Article 12 of Chapter 160A and Article 1 of Chapter 158 of the General Statutes. Any sale, lease or other conveyance by a county as grantors or lessors involving real property previously acquired for industrial development purposes which would have been permitted under the provisions of this act are confirmed, validated and ratified.

(b)

This section applies only to the County of Burke.

Sec. 4.

This act is effective upon ratification.

In the General Assembly read three times and ratified this the 28th day of June, 1988.

GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

CHAPTER 326

HOUSE BILL 635

AN ACT TO PERMIT BURKE COUNTY TO USE REVENUE RECEIVED FROM ONE-HALF PERCENT LOCAL SALES AND USE TAXES FOR ANY PUBLIC PURPOSE WHICH IS AUTHORIZED BY LAW.

The General Assembly of North Carolina enacts:

Section 1.

Notwithstanding G.S. 105-487, revenue received by Burke County from one-half percent (½%) local sales and use taxes levied under Article 40 of Chapter 105 of the General Statutes may be used by the county for any public purpose for which Burke County is authorized by law to expend funds. All revenue received by Burke County before the enactment of this act that has been reserved for public school capital outlay purposes, as required by G.S. 105-487, may be used for any public purpose for which Burke County is authorized by law to expend funds. Notwithstanding Section 1.1 of Chapter 273, Session Laws of 1983, as added by Section 127 of Chapter 1034, Session Laws of 1983, the amount distributed to Burke County shall be divided among the county and its municipalities in accordance with the method specified under the last paragraph of Section 1 of Chapter 273, Session Laws of 1983 unless modified in accordance with G.S. 105-472.

Sec. 2.

This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 5th day of June, 1985.

NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

CHAPTER 763

HOUSE BILL 169

AN ACT TO PROVIDE THAT WHEN VACANCIES OCCUR IN THE OFFICES OF COUNTY COMMISSIONER, SHERIFF, REGISTER OF DEEDS, CORONER, OR PARTISAN SCHOOL BOARD RACES , THE APPOINTING BOARD OR PERSON MUST APPOINT THE PERSON RECOMMENDED BY THE POLITICAL PARTY EXECUTIVE COMMITTEE OF THE VACATING OFFICER, AND BY REQUIRING A DISTRICT BAR TO NOMINATE CANDIDATES FOR DISTRICT COURT JUDGES OF THE SAME PARTY OF THE VACATING JUDGE.

The General Assembly of North Carolina enacts:

[Sections 1-3 of this law are omitted, due to being irrelevant to Burke County.]

Sec. 4.

Chapter 115C of the General Statutes as enacted by Chapter 423, Session Laws of 1981, is amended by adding a new section to read:

"§ 115C-37.1. Vacancies in offices of county boards elected on a partisan basis.

(a)

All vacancies in the membership of county boards of education which are elected by public or local act on a partisan basis shall be filled by appointment of the person, board, or commission specified in the act, except that if the act specifies that appointment shall be made by a party executive committee, then the appointment shall be made instead by the remaining members of the board.

(b)

If the vacating member was elected as the nominee of a political party, then the person, board, or commission required to fill the vacancy shall consult with the county executive committee of that party and appoint the person recommended by that party executive committee, if the party executive committee makes a recommendation within 30 days of the occurrence of the vacancy.

(c)

Whenever only the qualified voters of less than the entire county were eligible to vote for the member whose seat is vacant (either because the county administrative unit was less than countywide or only residents of certain areas of the administrative unit could vote in the general election for a district seat), the appointing authority must accept the recommendation only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the territory of the vacating school board member."

Sec. 5.

G.S. 152-1 is amended by adding the following new language at the end of the second paragraph:

"If the coroner were elected as the nominee of a political party, then the county commissioners shall consult with the county executive committee of that political party before filling the vacancy, and shall appoint the person recommended by that committee if the party makes a recommendation within 30 days of the occurrence of the vacancy."

Sec. 6.

Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A-27.1. Vacancies on the board of commissioners.

(a)

If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy. If the number of vacancies on the board is such that a quorum of the board cannot be obtained, the chairman of the board shall appoint enough members to make up a quorum, and the board shall then proceed to fill the remaining vacancies. If the number of vacancies on the board is such that a quorum of the board cannot be obtained and the office of chairman is vacant, the clerk of superior court of the county shall fill the vacancies upon the request of any remaining member of the board or upon the petition of any registered voters of the county.

(b)

If the member being replaced was serving a two-year term, or if the member was serving a four-year term and the vacancy occurs later than 30 days before the general election held after the first two years of the term, the appointment to fill the vacancy is for the remainder of the unexpired term. Otherwise, the term of the person appointed to fill the vacancy extends to the first Monday in December next following the first general election held more than 30 days after the day the vacancy occurs; at that general election, a person shall be elected to the seat vacated for the remainder of the unexpired term.

(c)

To be eligible for appointment to fill a vacancy, a person must (i) be a member of the same political party as the member being replaced, if that member was elected as the nominee of a political party, and (ii) be a resident of the same district as the member being replaced, if the county is divided into electoral districts.

(d)

If the member who vacated the seat was elected as a nominee of a political party, the board of commissioners, the chairman of the board, or the clerk of superior court, as the case may be, shall consult the county executive committee of the appropriate political party before filling the vacancy, and shall appoint the person recommended by the county executive committee of the political party of which the commissioner being replaced was a member, if the party makes a recommendation within 30 days of the occurrence of the vacancy.

(e)

Whenever because of G.S. 153A-58(3)b or because of any local act, only the qualified voters of an area which is less than the entire county were eligible to vote in the general election for the member whose seat is vacant, the appointing authority must accept the recommendation only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the territorial area of the district of the county commissioner.

(f)

The provisions of any local act which provides that a county executive committee of a political party shall fill any vacancy on a board of county commissioners are repealed.

(g)

Counties subject to this section are not subject to G.S. 153A-27."

Sec. 7.

(a)

Chapter 267, Session Laws of 1979, is repealed.

(b)

Section 3 of Chapter 202, Session Laws of 1975, is repealed.

Sec. 8.

G.S. 161-5 is amended by adding a new subsection to read:

"(a1) When a vacancy occurs from any cause in the office of register of deeds, the board of county commissioners shall fill such vacancy by the appointment of a successor for the unexpired term, who shall qualify and give bond as required by law. If the register of deeds were elected as the nominee of a political party, the board of county commissioners shall consult the county executive committee of that political party before filling the vacancy and shall appoint the person recommended by that committee, if the party makes a recommendation within 30 days of the occurrence of the vacancy. Counties subject to this subsection are not subject to subsection (a)."

Sec. 9.

(a)

Chapter 868, Session Laws of 1975, is repealed.

(b)

Section 2 of Chapter 202, Session Laws of 1975, is repealed.

Sec. 10.

G.S. 162-5 is amended by deleting the words, "the first meeting of the county commissioners next succeeding such vacancy," and is further amended by adding the following new sentence immediately following the first sentence:

"If the sheriff were elected as a nominee of a political party, the board of commissioners shall consult the county executive committee of that political party before filling the vacancy, and shall elect the person recommended by the county executive committee of that party, if the party makes a recommendation within 30 days of the occurrence of the vacancy."

Sec. 11.

(a)

Chapter 405, Session Laws of 1969, is repealed.

(b)

Section 1 of Chapter 202, Session Laws of 1975, is repealed.

[Section 12 of this session law is omitted due to its being irrelevant to Burke County.]

Sec. 13.

All local acts in conflict with this act are repealed to the extent of the conflict.

Sec. 14.

Sections 4 through 11, and Section 13, of this act shall apply only in the following counties: Alamance, Alleghany, Beaufort, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Cherokee, Clay, Cleveland, Davidson, Davie, Graham, Guilford, Haywood, Henderson, Jackson, Madison, McDowell, Mecklenburg, Moore, New Hanover, Polk, Randolph, Rockingham, Rutherford, Stanly, Stokes, Transylvania, Wake, and Yancey.

Sec. 15.

This act shall become effective July 1, 1981, and applies to vacancies occurring on or after that date.

In the General Assembly read three times and ratified, this the 1st day of July, 1981.

NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

CHAPTER 1141

HOUSE BILL 1501

AN ACT CONCERNING LIBRARIES IN BURKE COUNTY.

The General Assembly of North Carolina enacts:

Section 1.

Section 1 of Chapter 1168, Session Laws of 1977 (Second Session 1978) is amended by deleting "14 members," and inserting in lieu thereof "15 members."

Sec. 2.

Any governmental unit or agency in Burke County is authorized to appropriate financial support for the Burke County Public Library, Inc.

Sec. 3.

This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1982.

NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

CHAPTER 1168

HOUSE BILL 1568

AN ACT TO INCREASE THE MAXIMUM NUMBER OF LIBRARY BOARD MEMBERS IN BURKE COUNTY FROM 12 TO 14.

The General Assembly of North Carolina enacts:

Section 1.

Notwithstanding the provisions of G.S. 153A-265, any library board of trustees established by Burke County or by any municipality in Burke County may have not more than 14 members.

Sec. 2.

This act shall apply only to Burke County and to municipalities within Burke County.

Sec. 3.

This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1978.

NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 907

HOUSE BILL 1569

AN ACT TO ADD BURKE COUNTY TO THE PROVISIONS OF ARTICLE 9B OF CHAPTER 44 OF THE GENERAL STATUTES RELATING TO ATTACHMENT OR GARNISHMENT AND LIEN FOR AMBULANCE SERVICES IN CERTAIN COUNTIES .

The General Assembly of North Carolina enacts:

Section 1.

G.S. 44-51.8 as the same appears in Volume 2A of the 1973 Cumulative Supplement to the General Statutes is hereby amended by adding the word "Burke" after the word "Buncombe," and by adding the word "Cherokee" after the work "Catawba."

Sec. 2.

This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 28th day of February, 1974.

CHAPTER 268

HOUSE BILL 754

AN ACT TO AUTHORIZE THE ESTABLISHMENT OF A COUNTY POLICE DEPARTMENT IN BURKE COUNTY.

The General Assembly of North Carolina enacts:

Section 1.

The Board of County Commissioners of Burke County is hereby authorized to establish a Burke County Police Department, to establish policies and regulations to govern the operation of the Department, to appropriate funds for its operation and to authorize the county manager to appoint a police chief and such other officers and employees as may be necessary.

Sec. 2.

The police chief and the members of the county police department shall have all the powers and authority of peace officers and law enforcement officers provided for under the Constitution, the laws and common law of the State of North Carolina. It shall be the duty of the county policemen, under the general control and direction of the police chief, to patrol and police the County; to detect and prevent the violation of criminal laws of any and every kind; to make arrests upon his own initiative as well as upon information and complaints; to report his acts and all known or suspected violations of the criminals laws to the Chief of Police of the County; to obtain warrants for arrests for and to prosecute all persons who have violated any of the criminal laws; and they shall at all times obey and carry out the orders and instructions of the police chief, when not inconsistent with the law and with this act. The county policemen shall have the power and authority and shall be required to serve all criminal processes and indictments issued by any lawful authority and placed in their hands for service, and may perform civil duties when directed by the chief.

Sec. 3.

Nothing in this act shall be construed in any way as limiting or restricting the powers, duties or authority of the Sheriff of Burke County or any of his deputies.

Sec. 4.

The law enforcement powers of the county police shall be limited to the areas outside of municipalities except that such powers may be exercised within any municipality where there is a written agreement between the county and the municipality to that effect.

Sec. 5.

A merit board may be established and its members appointed by the county commissioners which shall oversee procedures for recruiting and testing applicants for appointment to the County Police Department and shall certify qualified applicants to the designated appointing official.

Sec. 6.

All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 7.

This enabling act shall become effective upon ratification, provided, that a Burke County Police Department shall not be created unless and until such time as the Board of County Commissioners shall authorize the establishment of such police department by resolution or by the adoption of an ordinance.

In the General Assembly read three times and ratified, this the 25th day of April, 1973.

NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

CHAPTER 509

HOUSE BILL 541

AN ACT TO PROHIBIT PARKING, DRIVING AND OCCUPYING MOTOR VEHICLES, OR THROWING OR DEPOSITING ANY TRASH, DEBRIS, BEER CANS, EMPTY BEVERAGE CONTAINERS OR LITTER IN OR ON ANY CEMETERY OR GRAVEYARD IN MOORE, CALDWELL, BURKE , NASH AND CARTERET COUNTIES.

The General Assembly of North Carolina do enact:

Sec. 1.

It shall be unlawful for any person or persons to drive, park, or occupy any motor vehicle, ride or lead any horse, or loiter in or on any cemetery, or graveyard, in Moore, Caldwell, Burke, Nash or Carteret County. Provided Section 1 of this act shall not affect anyone who enters such cemetery or graveyard and remains only so long as may be reasonably necessary to attend to any legitimate business in relation to the normal use of such cemetery or graveyard.

Sec. 2.

Any person, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined a sum not exceeding fifty dollars ($50.00), or imprisoned for a period not to exceed 30 days, or both in the discretion of the court.

Sec. 3.

This act shall apply only to Moore, Caldwell, Burke, Nash and Carteret Counties.

Sec. 4.

All laws and clauses of law in conflict with this act are hereby repealed.

Sec. 5.

This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 4th day of June, 1971.

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 430

HOUSE BILL 765

AN ACT TO BROADEN THE HOME RULE POWERS OF THE BOARD OF COUNTY COMMISSIONERS TO FIX THE COMPENSATION OF CERTAIN OFFICIALS OF BURKE COUNTY.

The General Assembly of North Carolina do enact:

Section 1.

The purpose and intent of this Act is to broaden the home rule powers of the Board of Commissioners of Burke County to fix the compensation of certain officials of Burke County, and is in compliance with the request of said board to the General Assembly of North Carolina.

Sec. 2.

The first sentence of Section 1 of Chapter 1095 of the 1959 Session Laws is hereby amended to read:

"The Board of County Commissioners of Burke County is authorized, in its discretion, to fix the annual compensation of the Sheriff and Register of Deeds in identical amounts of not more than ten thousand dollars ($10,000.00) each per year."

Sec. 3.

Section 2 of Chapter 1095 of the 1959 Session Laws is hereby amended to read as follows:

"The Board of County Commissioners of Burke County is authorized, in its discretion, to fix the annual compensation of the Chief Deputy Sheriff of Burke County in an amount of not more than seven thousand dollars ($7,000.00) per year. Said board is further authorized to fix a travel allowance not in excess of that fixed for the rural policemen of said county. Provided, however, the combined annual compensation and travel allowance of the Chief Deputy Sheriff shall not exceed the combined annual compensation and travel allowance of the Sheriff of said county."

Sec. 4.

Inasmuch as both the Sheriff and Register of Deeds are elected officials for a term of years, nothing contained in this Act shall authorize the Board of County Commissioners to lower the annual compensation of said officials during their respective terms of office.

Sec. 5.

Section 3 of Chapter 1095 of the 1959 Session Laws is hereby repealed.

Sec. 6.

The compensation and expense allowances authorized by this Act shall be paid out of the General Fund of Burke County.

Sec. 7.

All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8.

This Act shall be in full force and effect from and after July 1, 1967.

In the General Assembly read three times and ratified, this the 12th day of May, 1967.

NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 440

HOUSE BILL 499

AN ACT TO PROVIDE COMPENSATION FOR MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OF BURKE COUNTY FOR A MAXIMUM OF FOUR MEETINGS PER MONTH.

The General Assembly of North Carolina do enact:

Section 1.

Section 6 of Chapter 1095 of the Session Laws of 1959 is hereby amended by striking out the word "two," in line 3, and inserting the word "four" in lieu thereof.

Sec. 2.

All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.

This Act shall be in full force and effect upon its ratification.

In the General Assembly read three times and ratified, this the 7th day of May, 1965.

NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 912

HOUSE BILL 497

AN ACT TO PROHIBIT DISCHARGE OF RAW SEWAGE, GARBAGE OR REFUSE IN THE WATERS OF LAKE JAMES IN BURKE AND MCDOWELL COUNTIES, AND TO PROMOTE PUBLIC HEALTH BY REGULATING SEWAGE DISPOSAL ON AND NEAR THE WATERS OF LAKE JAMES IN SAID COUNTIES.

The General Assembly of North Carolina do enact:

Section 1.

It shall be unlawful for any person or group of persons to occupy, use, or permit to be used, upon the waters of Lake James in Burke and McDowell Counties, any boathouse, houseboat, or raft containing an enclosed area for living quarters, or any other water craft containing living quarters without such craft being equipped with chemical toilets approved by the health department of either Burke or McDowell Counties, or other sanitary toilet facilities which will prevent the discharge of any raw sewage into the waters of the said Lake.

Sec. 2.

It shall be unlawful for any person or group of persons to place upon the waters of Lake James in Burke or McDowell Counties any boat, houseboat, or raft without having had the same inspected by the health department of either Burke or McDowell Counties for the existence of sanitary toilet facilities meeting the requirements of the said health departments and of this Article.

Sec. 3.

It shall be unlawful for any person, firm or corporation to erect, use, or permit to be used, any outdoor privy within 150 feet of the shore line of Lake James in Burke or McDowell Counties, or to erect, use or permit to be used any toilets or privys so constructed that untreated sewage may be discharged therefrom into the waters of Lake James in Burke and McDowell Counties.

Sec. 4.

It shall be unlawful for any person or group of persons to discharge or permit to be discharged from any pier, boathouse, water craft, shore structure or from the banks adjoining the waters of Lake James any untreated sewage, refuse, or garbage, or any other material which is, or is likely to be, deleterious to the health of persons swimming, fishing, boating or otherwise using the waters of the said Lake.

Sec. 5.

The Public Health Departments of Burke and McDowell Counties are hereby authorized and directed to inspect water craft, structures and buildings located on or near the shore of Lake James in said counties to determine whether toilet facilities meeting the sanitary requirements of this Act have been provided, and, if any violation of the sanitary requirements is determined to exist, shall notify the sheriff of the county in which such violation has occurred.

Sec. 6.

Violation of any of the provisions of this Act shall constitute a misdemeanor, punishable by fine or imprisonment in the discretion of the court. After the owner has been notified of such violation, each day in which the water craft, structures or buildings not meeting the sanitary requirements of this Act is permitted by the owner to continue without remedial action being taken, shall constitute a separate violation.

Sec. 7.

The county commissioners of Burke and McDowell Counties are authorized to appropriate funds for the enforcement of this Act.

Sec. 8.

The Public Health Departments of the counties concerned shall cause the provisions of this Act to be printed and posted at piers, docks, landings, access areas, and other places bordering the shores of Lake James in Burke and McDowell Counties.

Sec. 9.

All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10.

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 13th day of June, 1963.

NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

CHAPTER 1016

HOUSE BILL 1052

AN ACT AUTHORIZING THE ESTABLISHMENT OF GLEN ALPINE GRADED DISTRICT IN BURKE COUNTY AS A RECREATION DISTRICT AND THE LEVYING OF A RECREATION SYSTEM TAX .

The General Assembly of North Carolina do enact:

Section 1.

That area in Burke County known and described as the Glen Alpine Graded School District is hereby designated as the Glen Alpine Graded School Recreation District of Burke County for the purpose of carrying out the provisions of this Act. A petition signed by at least fifteen per cent (15%) of the resident freeholders living within this area and registered to vote in the Glen Alpine Graded School District elections may be filed with the Board of County Commissioners of Burke County requesting it to do the following:

Levy any annual tax of not more than ten cents (10¢) on each one hundred dollars ($100.00) of assessed valuation of the taxable property within the district for the purpose of providing, conducting and maintaining a supervised recreation system in said district.

When the petition is filed, the board of county commissioners shall cause notice to be given by posting at the courthouse door, and at three public places in such proposed recreation district, and by three weekly publications in a newspaper circulating in such proposed recreation district, that on a date named in such notice, which shall not be earlier than twenty days after the first posting and publication of such notice, it will hold a public hearing at a designated place within the proposed recreation district, upon the question or questions petitioned for and set forth in such notice, and that any taxpayer or other interested person may appear and be heard at the time and place set forth in such notice. At the time and place stated in such notice the board shall hear all interested persons and may adjourn the hearing from time to time.

When the petition is filed, it shall be the duty of the board of county commissioners to cause the question petitioned for to be submitted to the voters at a special election to be held in the district within one hundred twenty (120) days from the date of filing. The cost of holding said election shall be paid by the Town of Glen Alpine.

Sec. 2.

If said election is held pursuant to a petition requesting the levy of a tax for recreation purposes, the form of the question, stated on the ballot, shall be substantially the words: "For District Recreation Tax" and "Against District Recreation Tax." Such affirmative and negative forms shall be printed upon one ballot, containing squares opposite the affirmative and negative forms, on one of which squares the voter may make a cross (X) mark.

Sec. 3.

If a majority of the qualified voters, voting at said election, shall vote "For District Recreation Tax," then the board of county commissioners is authorized and directed, on the basis of a budget submitted to the board by the Recreation District Commission, to levy and collect a tax in said district in such amounts as it may deem necessary, not exceeding ten cents (10¢) on the one hundred dollar ($100.00) valuation of property in said district from year to year. At least once a month, the tax collector of the county shall deposit the proceeds of such tax in a bank designated by the Recreation District Commission. The officer or officers having charge or custody of the funds of the district shall require said bank to furnish security for the protection of such deposits as provided for in Section 159-28. Withdrawals from such account shall be made by vouchers signed by the chairman and the treasurer of the Recreation District Commission for the purposes of establishing and conducting of a system of supervised recreation for such district; the acquisition and improvement of any lands, buildings, or equipment; the construction, operation, equipping and maintaining of parks, playgrounds, recreation centers and recreation facilities, and all buildings and structures necessary or useful in connection therewith.

Sec. 4.

If a majority of the qualified voters voting at any special election provided for in this Act shall vote in the affirmative, then said Glen Alpine Graded School Recreation District of Burke County shall be in existence, have legal status and be a legal entity and shall be subject to all the legal powers, duties and obligations and shall exercise all of the authority given or conferred by this Act, and the appointing authorities named in this Act shall proceed to appoint a commission to act as the governing authority of said recreation district in accordance with the provisions of Section 5 of this Act. The said commission may pass a resolution, fixing or designating its title or name to be used in the administration of all of its affairs and business.

Sec. 5.

The commission shall consist of five members. Two of the members shall be appointed by the governing body of the Town of Glen Alpine, two members shall be appointed by the Board of Commissioners of Burke County and the remaining member shall be appointed by the Glen Alpine District School Board. At least two of the members shall serve for a term of one year, at least two of the members for a term of two years and the remaining member for a term of three years. The board of county commissioners shall designate the original terms of the members. Upon the expiration of their original terms of office, each succeeding term shall be for three years and until their successors are appointed and qualify for office. Vacancies on the commission shall be filled for the unexpired term by appointment of the governing body of the town or the school district which made the original appointment. The members shall serve without compensation. The Recreation Commission at its first meeting shall appoint a chairman, a treasurer, and such other officers as may be deemed proper for the conduct of its business and shall adopt rules and regulations to govern its procedures, and may adopt rules and regulations from time to time for the purpose of governing the use of parks, playgrounds, recreation centers and recreation facilities. The treasurer shall be required to furnish bond in some surety company authorized to do business in North Carolina, in an amount to be fixed by the Recreation District Commission, which bond shall be approved by the Recreation District Commission and shall be conditioned upon the true accounting for all funds which may come into his hands as such treasurer.

Sec. 6.

The board of commissioners of the county shall order the County Board of Elections to conduct the election so called as provided in Section 1, which said board of elections shall provide one or more polling places in said district, shall provide for a registrar or registrars and judges of election at said voting places, shall cause to be prepared the necessary ballots for voting at said election, shall fix the time and place for holding the same, and shall conduct said election in every respect according to the provisions of the laws governing general elections so far as they may be applicable. The costs of holding the election shall be paid by the county and the Town of Glen Alpine in equal proportions.

Sec. 7.

At the close of the polls in any election provided for in this Act, the election officers shall count the votes and make returns thereof to the County Board of Elections which board shall, as soon as practicable after the election, judicially pass upon the returns and judicially determine and declare the results of such election. The returns shall be made in duplicate, one copy of which shall be delivered to the County Board of Elections and the other filed with the Clerk of the Superior Court of the county in which the Recreation District is situated. The County Board of Elections shall prepare a statement showing the number of votes cast for and against the bonds, and declaring the result of the election, which statement shall be signed by the chairman of the board and attested by the clerk, who shall transmit it to the board of county commissioners who shall record it in the minutes of the board and file the original in his office and publish it once in a newspaper published or circulating in such district.

Sec. 8.

No right of action or defense founded upon the invalidity of such election or the invalidity of any proceedings or steps taken in the creation of such district shall be asserted nor shall the validity of such election or the validity of the creation of such district be open to question in any court upon any ground whatever, except in an action or proceeding commenced within thirty (30) days after the publication of such statement of results as provided in the preceding Section.

Sec. 9.

This Act shall apply only to Burke County.

Sec. 10.

All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 11.

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 17th day of June, 1961.

NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 1213

HOUSE BILL 804

AN ACT TO AMEND G.S. 153-9 SO AS TO AUTHORIZE THE COUNTY COMMISSIONERS IN SEVERAL NAMED COUNTIES TO ASSIST FINANCIALLY THE SOIL CONSERVATION SERVICES.

The General Assembly of North Carolina do enact:

Section 1.

G.S. 153-9 is amended by adding a new paragraph immediately following subsection 35 thereof, to be designated as subsection 35½ and to read as follows:

"To Promote Farm Soil Conservation Work. To cooperate with the State and national soil conservation services, agencies or districts to promote soil conservation work, and to appropriate from non-tax revenues such sums as they may deem advisable for this purpose."

Sec. 2.

This Act shall apply only to the following Counties: Alamance, Alexander, Anson, Ashe, Beaufort, Bladen, Brunswick, Burke, Cabarrus, Camden, Caswell, Chatham, Chowan, Clay, Cleveland, Columbus, Craven, Cumberland, Dare, Davidson, Duplin, Edgecombe, Franklin, Gaston, Gates, Greene, Halifax, Haywood, Henderson, Hertford, Hoke, Hyde, Iredell, Johnston, Jones, Lee, Lenoir, Macon, Mitchell, Madison, Nash, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Randolph, Richmond, Rowan, Sampson, Stanly, Surry, Swain, Transylvania, Union, Vance, Wake, Warren, Wayne, and Yadkin.

Sec. 3.

All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.

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 19th day of June, 1959.

NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 922

HOUSE BILL 1077

AN ACT TO AUTHORIZE BURKE COUNTY AND THE MUNICIPALITIES THEREIN TO EXPEND FUNDS SO AS TO EXTEND CERTAIN WATER, SEWER, AND ELECTRICAL FACILITIES TO INDUSTRIAL SITE AREAS.

The General Assembly of North Carolina do enact:

Section 1.

The governing body of any incorporated town in Burke County is hereby authorized, in its discretion, to extend water, sewer, and electrical facilities to industrial site areas outside the corporate limits when, in the opinion of any such governing body, it appears probable that such area is likely to be included within the corporate limits at some future time, and to expend funds therefor.

The Board of County Commissioners of Burke County and the governing body of any incorporated town in Burke County are authorized to enter into contracts providing for sharing or distribution of the cost of the extension of the above referred to facilities, or to provide for reimbursem*nt or partial reimbursem*nt by the county of expenses incurred by an incorporated town. The board of county commissioners is authorized to expend funds for the above referred to purpose.

Neither the board of county commissioners nor the governing body of an incorporated town shall expend any ad valorem tax funds or levy any ad valorem taxes for the purposes of this Act, unless the same is approved at an election thereon in the governmental unit proposing to levy ad valorem taxes therefor, which election shall be called and conducted as nearly as possible in conformity with the procedure set forth in Sections 153-92 through 153-100 of the General Statutes when a county election is required and G.S. 160-387 when a municipal election is required.

Sec. 2

This Act shall apply only to Burke County and the incorporated towns therein.

Sec. 3.

All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.

This Act shall be in full force and effect on and after its ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1959.

Part I. SESSION LAWS, Code of Ordinances, Burke County (2024)

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