(a)        In all civil and criminal cases a city ordinance that has been codified in a code of ordinances adopted and issued in compliance with N.C. Gen. Stat. § 160A-77 must be pleaded by both section number and caption. In all civil and criminal cases a city ordinance that has not been codified in a code of ordinances adopted and issued in compliance with N.C. Gen. Stat. § 160A-77 must be pleaded by its caption. In both instances, it is not necessary to plead or allege the substance or effect of the ordinance unless the ordinance has no caption and has not been codified.

(b)        Any of the following shall be admitted in evidence in all actions or proceedings before courts or administrative bodies and shall have the same force and effect as would an original ordinance:

(1)        A city code adopted and issued in compliance with N.C. Gen. Stat. § 160A-77, containing a statement that the code is published by order of the council.

(2)        Copies of any part of an official map book maintained in accordance with N.C. Gen. Stat. § 160A-77 and certified under seal by the city clerk as having been adopted by the council and maintained in accordance with its directions (the clerk’s certificate need not be authenticated).

(3)        A copy of an ordinance as set out in the minutes, code, or ordinance book of the council, certified under seal by the city clerk as a true copy (the clerk’s certificate need not be authenticated).

(4)        Copies of any official lists or schedules maintained in accordance with N.C. Gen. Stat. § 160A-77 and certified under seal by the city clerk as having been adopted by the council and maintained in accordance with its directions (the clerk’s certificate need not be authenticated).

(c)        The burden of pleading and proving the existence of any modification or repeal of an ordinance, map, or code, a copy of which has been duly pleaded or admitted in evidence in accordance with this section, shall be upon the party asserting such modification or repeal. It shall be presumed that any portion of a city code that is admitted in evidence in accordance with this section has been codified in compliance with N.C. Gen. Stat. § 160A-77, and the burden of pleading and proving to the contrary shall be upon the party seeking to obtain an advantage thereby.

(d)       From and after the respective effective dates of N.C. Gen. Stat. § 160A-77 and 160A-78, no city ordinance shall be enforced or admitted into evidence in any court unless it has been codified or filed and indexed in accordance with N.C. Gen. Stat. § 160A-77 or 160A-78. It shall be presumed that an ordinance which has been properly pleaded and proved in accordance with this section has been codified or filed and indexed in accordance with N.C. Gen. Stat. § 160A-77 or 160A-78, and the burden of pleading and proving to the contrary shall be upon the party seeking to obtain an advantage thereby.

(e)        It is the intent of this section to make uniform the law concerning the pleading and proving of city ordinances. To this end, all charter provisions in conflict with this section in effect as of January 1, 1972, are expressly repealed, and no local act taking effect on or after January 1, 1972, shall be construed to repeal or amend this section in whole or in part unless it shall expressly so provide by specific reference. (1917, c. 136, subch. 13, s. 14; C.S.,? s. 2825; 1959, c. 631; 1971, c. 698, s. 1; 1973, c. 426, s. 18; 1979, 2nd Sess., c. 1247, s. 10.)

Terms Used In North Carolina General Statutes 160A-79

  • Charter: means the entire body of local acts currently in force applicable to a particular city, including articles of incorporation issued to a city by an administrative agency of the State, and any amendments thereto adopted pursuant to 1917 Public Laws, Chapter 136, Subchapter 16, Part VIII, sections 1 and 2, or Article 5, Part 4, of this Chapter. See North Carolina General Statutes 160A-1
  • Council: means the governing board of a city. See North Carolina General Statutes 160A-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Local act: means an act of the General Assembly applying to one or more specific cities by name, or to all cities within one or more specifically named counties. See North Carolina General Statutes 160A-1
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
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