USE OF CODE; RULES OF CONSTRUCTION; PENALTIES

Raleigh City Code pt. 14, ch. 1

in effect

Raleigh City Code § 14-1001 HOW CODE DESIGNATED AND CITED.

Sec. 14-1001. - HOW CODE DESIGNATED AND CITED. 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)

Raleigh City Code § 14-1002 RULES OF CONSTRUCTION; DEFINITIONS.

Sec. 14-1002. - RULES OF CONSTRUCTION; DEFINITIONS. 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 The designation Code 1959 appearing as a historical reference following Code sections shall refer to the 1959 revision and recodification of the City Code.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 district shall 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)

Raleigh City Code § 14-1003 CATCHLINES OF SECTIONS.

Sec. 14-1003. - CATCHLINES OF SECTIONS. 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)

Raleigh City Code § 14-1004 SEVERABILITY OF PARTS OF CODE.

Sec. 14-1004. - SEVERABILITY OF PARTS OF CODE. 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)

Raleigh City Code § 14-1005 CRIMINAL PENALTY, NOT EXCLUSIVE REMEDY; CONTINUING VIOLATIONS.

Sec. 14-1005. - CRIMINAL PENALTY, NOT EXCLUSIVE REMEDY; CONTINUING VIOLATIONS. (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)

Raleigh City Code § 14-1006 RULE OF CONSTRUCTION FOR CONFLICTING PROVISIONS.

Sec. 14-1006. - RULE OF CONSTRUCTION FOR CONFLICTING PROVISIONS. Conflicts and duplications among portions of this Code shall be resolved in favor of the more stringent regulation.

Raleigh City Code § 14-1007 DISCLAIMER OF LIABILITY.

Sec. 14-1007. - DISCLAIMER OF LIABILITY. 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.

Raleigh City Code § 14-1008 EXTRATERRITORIAL APPLICATION OF CODE.

Sec. 14-1008. - EXTRATERRITORIAL APPLICATION OF CODE. (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)

Raleigh City Code § 14-1009 EFFECT OF REPEAL OR EXPIRATION OF ORDINANCES.

Sec. 14-1009. - EFFECT OF REPEAL OR EXPIRATION OF ORDINANCES. (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.

Raleigh City Code § 14-1010 PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES.

Sec. 14-1010. - PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES. 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.

Raleigh City Code § 14-1011 FALSE INFORMATION.

Sec. 14-1011. - FALSE INFORMATION. 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)

Raleigh City Code § 14-1012 ADMINISTRATIVE FEE.

Sec. 14-1012. - ADMINISTRATIVE FEE. 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)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT14GEPR_CH1USCORUCOPEFetched: 11/1/2026