GENERAL PROVISIONS

Charlotte City Code ch. 1

in effect

Charlotte City Code § 1-1 Designation and citation of Code.

Sec. 1-1. - Designation and citation of Code. The provisions in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Charlotte, North Carolina" and may be so cited. Such Code may also be cited as "Charlotte Code." (Code 1985, § 1-1)

Charlotte City Code § 1-2 Definitions and rules of construction.

Sec. 1-2. - Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the city council or the context clearly requires otherwise: Bond. When a bond is required, an undertaking in writing shall be sufficient. Charter. The term "Charter" shall mean the Charter of the City of Charlotte, North Carolina, as printed in part I of this volume. City. The term "city" shall mean the City of Charlotte, in the County of Mecklenburg and the State of North Carolina, except as otherwise provided. City council, council. The terms "city council" and "council" shall mean the city council of the City of Charlotte, North Carolina, or the governing body thereof. City limits, corporate limits. The terms "city limits" and "corporate limits" shall mean the legal boundary of the City of Charlotte, North Carolina. City manager means the city manager of the City of Charlotte, or his designated representative. Code. The terms "the Code" and "this Code" shall mean the Code of Ordinances, City of Charlotte, North Carolina. Computation of time. In computing any period of time prescribed or allowed by this Code or by order of court, the day of the act, event, default or publication after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday. Eastern Standard Time shall be the official time except during that period when what is commonly known as daylight saving time is in effect, through adoption by the city council or otherwise. County. The terms "the county" and "this county" shall mean Mecklenburg County, State of North Carolina. Daytime; nighttime. The term "daytime" means the period of time between sunrise and sunset, and the term "nighttime" means the period of time between sunset and sunrise. Gender. Words importing the masculine gender shall include the feminine and neuter. Joint authority. All words giving a joint authority to three or more city officers or other persons shall be construed as giving such authority to a majority of such officers or other persons. Keeper and proprietor. The terms "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or as a servant, agent or employee. Month. The term "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. Words used in the singular include the plural, and the plural includes the singular. Oath. The term "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 such cases the terms "affirm" and "affirmed" shall be equivalent to the terms "swear" and "sworn." Officials, boards, commissions, etc. Whenever reference is made to an "official," a "board" or a "commission" by title only, it shall be deemed to refer to the official, board or commission of the City of Charlotte. Or, and. The term "or" may be read "and," and the term "and" may be read "or," if the sense requires it. Owner. The term "owner," when applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land. Person. The term "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. Personal property. The term "personal property" includes every species of property except real property as defined in this section. Preceding; following. The terms "preceding" and "following" mean next before and next after, respectively. Property. The term "property" shall include real and personal property. 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 he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence. Right-of-way. The term "right-of-way" shall mean land that is dedicated or otherwise legally established for public use. Roadway. The term "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic. Shall; may. The term "shall" is always mandatory and not merely directory; the term "may" is permissive. Sidewalk. The term "sidewalk" shall mean that portion of the street right-of-way which is improved and designated for the use of pedestrians. Signature and subscription. The terms "signature" and "subscription" shall include a mark where a person cannot write. State. The term "the state" and "this state" shall be construed to mean the State of North Carolina. Statute references. Whenever reference is made, for example, to G.S. 160A-272, it shall be construed to refer to General Statutes of North Carolina, section 160A-272, as amended, or to whatever section is cited. Street. The term "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, lane, path, viaduct, bridge or any other name a street is commonly known by or any public place and the approaches thereto within the city when any part thereof is open to the use of the public and established for purposes of vehicular traffic. Tenant, occupant. The terms "tenant" and "occupant," applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others. Tense. Words used in the past or present tense include the future as well as the past and the present. Title of office. The title of any office shall be construed to include the phrase "of the City of Charlotte, North Carolina." Writing, written. The terms "writing" and "written" shall include printing and any other mode of representing words and letters. Year. The term "year" shall mean a calendar year. (Code 1985, § 1-3)

Charlotte City Code § 1-3 Catchlines, history notes and references.

Sec. 1-3. - Catchlines, history notes and references. (a) 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 titles 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. (b) The history notes following sections and the references and notes scattered throughout the Code are not part of the Code but are merely for the benefit of the user of the Code. (Code 1985, §§ 1-4, 1-11)

Charlotte City Code § 1-4 Severability.

Sec. 1-4. - Severability. It is hereby declared to be the intention of the city 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 unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the phrases, clauses, sentences, paragraphs and sections of this Code would have been enacted by the city council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. (Code 1985, § 1-5)

Charlotte City Code § 1-5 Repeal, expiration and revival of ordinances.

Sec. 1-5. - Repeal, expiration and revival of ordinances. (a) The repeal of an ordinance, or its expiration by virtue of any provisions 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 repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect. (Code 1985, § 1-6)

Charlotte City Code § 1-6 Continuation of existing ordinances.

Sec. 1-6. - Continuation of existing ordinances. The provisions appearing in this Code, so far as they are the same as those of the 1985 Code of the City of Charlotte, North Carolina, and all ordinances adopted subsequent to such Code and included in this Code shall be considered as continuations thereof and not as new enactments. (Code 1985, § 1-10)

Charlotte City Code § 1-7 Supplementation of Code.

Sec. 1-7. - Supplementation of Code. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive, permanent and general parts of ordinances passed by the city council during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions. (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles. (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers. (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code). (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. (Code 1985, § 1-12)

Charlotte City Code § 1-8 Ordinances not affected by Code.

Sec. 1-8. - Ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following: (1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code; (2) Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness; (3) Any contract or obligation assumed by the city; (4) Any ordinance fixing the salary of any city officer or employee; (5) Any right or franchise granted by the city; (6) Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the city; (7) Any appropriation ordinance; (8) Any ordinance which, by its own terms, is effective for a stated or limited term; (9) Any ordinance providing for local improvements and assessing taxes for such improvements; (10) Any zoning ordinance; (11) Any ordinance dedicating or accepting any subdivision plat; (12) Any ordinance describing or altering the boundaries of the city; (13) Any ordinance relating to social security and retirement benefits for city officers and employees; (14) The administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of this Code; (15) Any ordinance levying or imposing taxes not included in this Code; (16) Any ordinance establishing or prescribing street grades in the city; (17) Any ordinance enacted after Ordinance No. 2344; nor shall such ordinance be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. (Code 1985, § 1-13)

Charlotte City Code § 1-9 Proposal of ordinances in writing; approval as to form.

Sec. 1-9. - Proposal of ordinances in writing; approval as to form. Every ordinance amending or repealing any ordinance and every new ordinance shall be proposed in writing and shall be approved as to form by the city attorney, the deputy city attorney or an assistant city attorney. (Code 1985, § 2-1)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH1GEPRFetched: 10/27/2026