Thursday, July 7, 2011

Oriental Town Charter 1899 - Road Work

At last Tuesday's meeting of Oriental's Town Board, at least two of the commissioners seemed to believe that the 1899 Charter governs, no matter what subsequent changes have been made to North Carolina laws.

Just to remind readers, the charter states that the town "shall be subject to all the provisions contained in chapter sixty-two of the Code of North Carolina...." So what does that mean?

The charter itself requires all of the town's officers to be qualified voters in the town. It requires that elections be held annually on the first Monday in May. It provides that commissioners have the right to collect taxes by levy and sale of property.

Under the charter, the mayor "shall have the power to cause all persons failing to pay fines, or who shall be imprisoned for violation of any town ordinances, to work it out on the streets...."

Under chapter sixty-two of The Code, the criminal jurisdiction of the mayor is the same as that of justices of the peace. Penalties for violating an ordinance were up to fifty dollars or up to thirty days in jail.

Anybody out there think the mayor still has that authority because of our 1899 charter?

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