ARTICLE 12-1
HEALTH PROTECTION AND DISEASE PREVENTION
GENERAL REGULATIONS
(As Amended by the Town Council on 10/10/95)
Section 1. Enforcement of this Chapter under Supervision of the Town Manager or his designee.
The enforcement of this chapter shall be under the supervision of the County Health Officer.
Section 2. Unlawful to Hinder Town Manager or His Designee
It shall be unlawful for any person to hinder, obstruct or delay the Town Manager or any of his assistants in the lawful
discharge of their duties.
Section 3. Right to Enter
The Town Manager or his assistants shall have the right to enter at any reasonable time any premises for the purpose
of making inspections or investigations as required by this Chapter.
Section 4. Property Kept Clean
(a) OWNERS OR OCCUPANTS OF PREMISES REQUIRED TO KEEP SAME CLEAN. Every person owning or
occupying any property in the corporate limits shall keep the property free from noxious weeds, trash, and all other
forms of animal or vegetable refuse which may be dangerous or prejudicial to the Public Health, or constitute a
nuisance. No owner or occupant of any property shall bury therein any animal or vegetable matter which, upon
decaying, may become dangerous or prejudicial to the public health or constitute a nuisance.
(b) PERSONS VIOLATING SECTION TO BE NOTIFIED. If any person shall violate the provisions of the proceeding
section, it shall be the duty of the Town Manager or his designee to given notice to the owner or person in possession
of such premises that within fifteen (15) days, or sooner from the date of such notice, all weeds, trash and other
offensive animal or vegetable matter be removed from said lot. Should any owner or occupant fail to comply with
notice, the Town Manager or his/her designee shall proceed to have removed and such owner or occupant shall be
responsible to the Town of Holly Ridge for the cost thereof.
(c ) WEEDS- Every person owning or occupying any property in the corporate limits shall cut down, within ten (10)
inches of the ground, all weeds, grass or other noxious growth from said property. If said weeds or other noxious
growth are not cut in compliance with this Article, the Town Manager or his designee shall proceed to have said weeds
or other noxious growth cut and the owner or person in possession of said property shall be responsible to the Town
of Holly Ridge for the cost thereof.
(d) RETENTION/ DETENTION PONDS- Every person owning or occupying any retention/ detention ponds in the
corporate limits shall keep the property free from noxious weeds, trash and all other forms of animal or vegetable
refuse which may be dangerous or prejudicial to the Public Health or which may constitute a public nuisance. If said
weeds or other noxious growth are not cut in compliance with this Article, the Town Manager or his designee shall
proceed to have said weeds or other noxious growth cut and the owner or person in possession of said property shall
be responsible to the Town of Holly Ridge for the cost thereof.
(e) CHARGES TO OWNER- The actual cost incurred by the Town in removing or otherwise remedying a public
nuisance shall be charged to the owner of such property, and it shall be the duty of the tax collector to mail a
statement of such charges to the owner or other person in possession of such property within thirty (30) days from the
receipt thereof.
(f) FAILURE TO PAY CHARGES- In the event charges for the removal or abatement of a public nuisance are not paid
within thirty (30) days after the receipt of a statement of charges as provided for in (e) above, such charges shall
become a lien upon the property where the public nuisance existed and shall be collected as unpaid taxes, as
provided in GS 160A-234
Section 5. Human Waste
No person shall urinate or deposit any human waste of any kind on any street, lot or premises except in approved
sanitary facilities.
Section 6. Stagnant Water
No person or occupant of any property shall allow stagnant water to accumulate or remain in clears or anywhere on
their property.
Section 7. Sale of Food- Eating Establishments
All persons, firms or corporations selling food of any kind or serving prepared meals shall comply with all requirements
pertaining thereto of the North Carolina State Board of Health.
Section 8. Debris from New Construction
All refuse, lumber, and debris remaining both as a result of the repair of any new buildings, or of the erection and
completion of any new buildings, shall be removed by the property owner within ten (10) days from the completion of
the aforesaid work.
ARTICLE 12-2
AN ORDINANCE FOR FEES UPON SOLID WASTE COLLECTION
AND RECYCLING FOR THE TOWN OF HOLLY RIDGE
A. DEFINITIONS
1. RECYCLABLE GARBAGE As used in this Article, this term shall mean aluminum, steel and/or metal cans, P.E.T.
Plastics, HDPE plastics (beverage containers only), newsprint and all inserts, glass (clear, brown and green),
corrugated cardboard, and magazines.
2. OTHER GARBAGE. As used in this Article, this term shall mean and include all refuse, animal, fruit, and other
vegetable matter, all cans, glassware and crockery in which such matter has been put or stored and all rags, waste
paper, floor sweepings and other combustible refuse except business materials, scraps tree trimmings, earth, furniture
and appliances. Also, not included in this definition are those materials defined as recyclable garbage in Paragraph 1
above.
3. GARBAGE. As used in this Article, this term shall mean both “recyclable garbage” and “other garbage.”
4. RESIDENTIAL CUSTOMERS. All real property used for the purpose of or held out as a dwelling unit, whether
occupied or vacant, within the corporate city limits of Holly Ridge.
5. NONRESIDENTIAL USE CUSTOMERS. Those customers such as churches, schools, institutions, fraternal or
veterans organizations, etc. that are neither commercial enterprises nor residential or small business customers, but,
that require refuse collection.
6. SMALL BUSINESS CUSTOMERS. Those businesses which receive refuse collection service which is the same as
that provided to all residential and no residential use customers.
7. INDUSTRIAL/ COMMERCIAL CUSTOMER. (amended 8/12/97) Those recipients of refuse collection service that
exceeds the maximum amount of refuse allowed for small business customers and which require the use of a dumpster
or other front end loading type container; commercial customers shall include, but, not limited to Holly Plaza and
Pinewood Campground.
8. CURBSIDE. As used in this Article, this term means the curb that faces the street address of the property.
9. MULTI-FAMILY CUSTOMERS. Units of a residential nature that receive refuse collection that exceed the maximum
amount of refuse allowed for residential customers and require the use of a dumpster or other front-end loading type
container. (amended 8/12/97)
10. DROP-OFF RECYCLING. As used in this Article, this term means the Drop-Off container site located at the Town
Hall. (212 Dyson Street) (amended 8/12/97)
B. RATES AND CHARGES
1. All residential customers shall be assessed a fee for a garbage collection services, which shall include a fee to
collect other garbage. The rates and charges for garbage collection services and/or future charges for garbage
collection services provided by the Town shall be determined by the Town Council from time to time and on file with the
Office of the Town Clerk. Said fees shall be billed and due monthly along with the water/sewer bill.
2. All commercial/industrial customers shall contract with a commercial refuse carrier approved by the Council; small
businesses and multi-family customers have the option to contract with a commercial refuse carrier, or they may use
the Town’s service as long as they do not exceed the limit of containers. (amended 8/12/97) Small business may use
the Town’s garbage service as long as they do not exceed the limit of containers. All commercial and small business
customers shall be responsible for all charges incurred thereby. Upon doing so, there shall be no assessment for
garbage collection for the time period during which garbage collection is properly effectuated by said commercial
refuse carrier. Nothing contained herein however, shall be construed to allow the disposal of refuse by the business
itself.
3. ACTIVATE/ DISCONTINUE SERVICES: When a customer has water and or sewer service activated the garbage and
recycling services will be activated as well. This is a mandatory charge for customers within the Town limits. A
customer may choose to discontinue water and or sewer services with ONWASA, which will also discontinue garbage
and recycling services.
C. RECYCLING MANDATORY.
When a recycling program is instituted by the Town Council all residential and multi-family customers are required to
separate their garbage into “recyclable garbage” and “other garbage” and shall place the “recyclable garbage” into
the designated container (located at the Town Hall)and the “other garbage” into another container. (amended 8/12/97)
D. CONTAINERS
1. Recyclable Garbage. When a recycling program is instituted by the Town Council all recyclable garbage shall be
placed into the designated containers (currently located at the Town Hall) and provided by the Town. (amended
8/12/97)
2. Other Garbage. All other garbage must be placed in roll-out trash carts which will be provided by the Town.
Initially, one cart will be issued per residence. However, if more carts are desired, or a cart is desired by a location that
is not a current water customer, the resident must pay one additional garbage charge per cart.
3. Curbside Pick-up. All container for recyclable garbage or other garbage shall be placed at the curbside as
heretofore defined and shall be picked up from that location only.
4. Drop-Off Center. Containers for co-mingled recyclables that will be at a designated location convenient for
customers to drop-off. (location : Town Hall)
5. Loss, Damage, or Destruction of Trash Carts or other Garbage or Recycling Containers. In the event a trash cart or
container is lost, damaged or destroyed, the trash customer shall be billed for the cost of repair or replacement of that
cart or container at the Town’s discretion. The cost will be the current rate for repair or replacement. Payment to be
made to the Town of Holly Ridge, North Carolina. The one exception to this policy is that damage to the
containers/carts through the negligence of trash haulers will not be assessed against the customer. (amended 6/14/94)
6. Failure to pay. In the event any customer of garbage collection services fails to pay their bill when due, all water,
sewer and garbage services shall be disconnected and terminated until such bill is paid in full and the reconnect
charge is paid.
This ordinance shall be in full force and effect from and after the date of its adoption.
This ordinance was adopted April 13, 1993 and original on file.
This ordinance was amended at a Public Hearing on April 10th, 2007
ARTICLE 12-3
AN ORDINANCE FOR THE HANDLING OF LITTER AND OTHER FORMS OF
SOLID WASTE, FOR THE SCREENING OF SALVAGE AND JUNKYARDS, AND
THE RESPONSIBILITY FOR ENFORCEMENT THEREOF
Be it ordained by the Holly Ridge Town Council that the following ordinance regulating depositing, storing, collection,
and disposal of solid waste matter is hereby adopted pursuant to authority granted by the North Carolina General
Statues. This ordinance shall be known and may be cited as the Holly Ridge “Litter, Salvage, & Junk Control
Ordinance.”
SECTION 1 PURPOSE
It has been determined by Keep America Beautiful researchers that most litter is generated from the following sources:
motorists, pedestrians, household and business putouts, commercial putouts, loading/unloading areas, construction
sites, and uncovered vehicles. It is the purpose of this ordinance to insure that these sources are regulated in such a
manner as to:
A. Reduce the generation of litter in the Town and to protect the public safety, health, welfare, and environment.
B. Preserve and enhance the aesthetic beauty and quality of the environment in Holly Ridge for the benefit of the
general public.
C. Screen from public view unsightly accumulated junk and to prevent the establishment of new, unscreened
accumulation of junk.
SECTION 2. DEFINITIONS
1. For the purpose of this ordinance, the following terms, phrases, words, and their derivatives shall have the meaning
given herein. When not inconsistent with the context, words used in the present tense include the future, words in the
plural number include singular number, and words in the singular number include the plural number. The word “shall”
is always mandatory and not merely directory. Words used in the Ordinance which are not found in this definition
Article take the generally accepted meaning found in a standard dictionary.
2. The following definitions shall apply in the interpretation and the enforcement of this ordinance.
(a) Abandoned Vehicle- a motor vehicle shall be determined to have been abandoned when:
(1) It has been left upon a street or highway in violation of a law or ordinance prohibiting; or
(2) It is particularly dismantled or wrecked; or
(3) It is incapable of self-propulsion of being moved in the manner for which it was originally intended; or
(4) It is left on property owned or operated by the Town for a period more than twenty- four (24) hours; or
(5) It is left on private property without the consent of the owner, occupant, or lessee thereof for a period of more
than twenty-four (24) hours; or
(6) It is left on any public street or highway of the Town for a period of more than seven (7) days.
(b) Accumulated Junk- Wrecked, scrapped, unusable, cannibalized, inoperable, un-repairable, or abandoned vehicles,
boats, boat trailers, manufactured homes, recreational vehicles as well as parts and accessories of these object;
appliances, used furniture or other used household items, equipment, used building materials, vehicle tires and all
other junk collected or stored at a private or business establishment.
(c ) Antique Vehicle- Any vehicle classified as antique and so registered under the Laws of the State of North Carolina.
(d) Bulk Container- A container that can be picked up and emptied mechanically.
(e) Business Trash- Any waste accumulation of dust, paper, cardboard, excelsior, rags, or other accumulations which
are usually attendant to the operation of stores, offices, and similar businesses.
(f) Cannibalize- To dismantle a machine or device for parts to be used as replacements in another machine or device.
(g) Commercial Establishment- Any retail, manufacturing, wholesale, institutional, religious, governmental, or other
nonresidential establishment at which garbage, trash, salvage material and junk may be generated.
(h) Commercial Vehicle Wrecker or Towing Service- Any person or company that provides wrecker or towing service
within Onslow County.
(I) Construction Debris- Any discarded material such as lumber, brick, plastic, aluminum, Styrofoam, plaster, paper,
sheet rock, vinyl, or other substances accumulated as a result of repairs or additions to existing structures or
buildings, construction or new structures or buildings, or demolition of existing structures or buildings.
(j) County- Onslow County, North Carolina
(k) Currently Awaiting Repairs- A period of time during which active effort is expended to place a device or mechanism
back in operation through replacement of parts, repair of operating systems and circuits, fabrication and repair of
broken structural members and testing. If parts or materials are not available or on order, the item is not currently
under repair. A device or mechanism which has remained un-repaired for six (6) months is considered un-repairable
unless procurement of long lead time replacements parts can be demonstrated.
(l) Detachable Container- A unit which is used for collecting, storing, and transporting construction debris,
business/commercial trash, industrial waste, hazardous refuse, or yard trash. The unit may or may not use an auxiliary
stationary packing mechanism for compaction of material into the container, and may be of the open or enclosed
variety. The distinguishing feature of the detachable container is that it is picked up by a specifically equipped truck
and becomes an integral part of the truck for transporting the waste materials to the disposal site.
(m) Disposal Site- Onslow County Landfill.
(n) Garbage- The by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and
consumption of food or other matter which is subject to decomposition, decay, putrefaction, or the generation of
noxious of offensive gases or odors, or which during or after decay, may serve as breeding or feeding material for
rodents, flies, insects, or animals.
(o) Hazardous Waste- Hazardous waste means a solid waste, or combination of solid wastes, which because of its
quality, concentration or physical, chemical or infectious characteristics may:
(I) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible of
incapacitating reversible illness; or
(ii) pose a substantial present or potential hazard to human health or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
(p) Household Trash- Every waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter of any
kind other than garbage, which is usually attendant to housekeeping.
(q)Industrial Waste- All waste, including solids, semi-solids, sludges, and liquids created by factories, processing
plants, or other manufacturing enterprises.
(r ) Junk- Old or scrap copper, brass, rope, rags, batteries, paper products, trash, rubber, debris waste or junked,
dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous materials
except for property impounded under the state requirement, wood scraps.
(s) Junkyard- An establishment or place of business which is maintained, operated, or used for storing, keeping,
buying or selling junk, or for the maintenance or operation of a vehicle graveyard. The term shall include garbage
dumps. An establishment or place of business which stores or keeps for a period of fifteen (15) days or more,
materials within the meaning of junk, as defined in this Ordinance, which has been derived or created as a result of
industrial activity shall be deemed to be a junkyard within the meaning of this Ordinance.
(t)Litter- Any discarded, used unconsumed, no containerized substance or waste. Litter may include, but is not limited
to any garbage, trash, refuse, debris rubbish, grass clippings, or other lawn or garden waste, newspaper, magazines,
glass, metal, plastic or paper containers, plastics, or other packaging, construction debris, motor vehicle parts,
furniture, carcass of a dead animal, cloth, any nauseous or offensive matter of any kind, any object likely to injure any
person or create a traffic hazard, or anything else which has been discarded, abandoned, or otherwise disposed of
improperly.
(u) Loading and Unloading Area- Any stream, river, or lakeside, land dock, or ramp, space, or area used by any
moving vehicle for the purpose of loading/unloading, receiving, shipping, and transporting goods, wares, commodities,
and persons.
(v) Person- Any individual, firm, company, partnership, corporation, or association.
(w) Portable Packing unit- A metal container that contains a compacting mechanism and in internal or external power
unit.
(x) Public Vehicular Area- Area as defined in North Carolina General Statue 20-4.01(32).
(y) Putout- Solid waste which has been placed by a household, commercial, or business establishment for the
purpose of being picked up by an appropriate collection agency or for pickup and delivery to an authorized disposal
area by others.
(z) Refuse- Solid waste accumulations consisting of garbage, household trash, commercial and/or business trash as
herein defined.
(aa) Refuse Receptacle- A corrosion resistant metal or plastic container, for refuse, of substantial construction, with
tight fitting lid, and provided with wheels and/or handles sufficient for safe and convenient handling. Such receptacles
shall have a capacity of not less than ten (10) gallons and shall be kept in serviceable condition at all times.
(bb) Repair Facility- A repair facility is any building or premises which is maintained and operated for the purpose of
restoring a device or mechanism to an operating condition by replacing parts, modifying its function or rebuilding
components.
(cc) Salvage- The dismantling, reclamation, or storage of used components, parts, accessories, junk, and similar
materials for the purpose of processing, resale, exchange, distribution, or disposition.
(dd) Salvage Yard- Those establishments or facilities which deal in salvage material.
(ee) Service Station- Any establishment which is maintained and operated for the primary purpose of making retail
sales of fuels, lubricants, air water and other items for the operation and routine maintenance of motor vehicles,
and/or for making mechanical repairs, servicing and/or washing of motor vehicles, and which is not used to store more
than six (6) motor vehicles that are not capable of being driven under their own power and are not being restored to
operable conditions, regardless of the length of time that individual motor vehicles are stored, or kept at such property.
(ff) Solid Waste- Useless, unwanted, or discarded material with insufficient liquid contents to be free flowing.
(gg) Solid Waste Management- The purposeful systematic control of the generation, storage, collection, transport,
separation, processing, recovery, and disposal of solid waste.
(hh) Small Dead Animals- Cats, dogs, small household pets, and other animals of similar size which are dead.
(ii) Tree and Shrubbery Trimmings- Waste accumulation of tree branches, tree limbs, parts of trees, bushes,
shrubbery, cuttings or clippings, or other items usually becoming refuse as a result of trimming, cutting, or pruning
trees or bushes.
(jj) Town- Holly Ridge, North Carolina.
(kk) Vacant Land- Land that is unoccupied by a building or used for a specific purpose.
(ll) Yard Trash- Waste accumulation of lawn grass, or shrubbery, or vine cuttings or clippings, and dry leaf rakings,
free of dirt, rocks, large branches, and bulky or noncombustible materials.
(mm) Week- That period of time between one Sunday and the following Sunday.
SECTION III. General.
It shall be unlawful for any person to trespass on the rights of another through the neglect of property:
1. By causing or allowing unsightly litter, foul odor, or potentially dangerous devices to remain on or emanate from
the property;
2. To discard, abandon, or cause litter on public property or another’s private property; and
3. For any reason to accumulate unscreened, salvageable junk on paved state maintained roads, town roads or
public vehicular areas.
SECTION IV. Receptacles And Containers Required
Every person in possession, charge, or control of any place or from which construction debris (as defined in Section
X), business/commercial trash, garbage, household trash, industrial waste, and yard trash is accumulated or produced
shall provide and at all times to keep in a suitable place adequate and suitable receptacles and/or containers capable
of holding all such waste materials.
SECTION V. Waste Disposal Practices
1. Refuse- All refuse shall be placed and maintained in containers as specified herein. All containers shall be kept
covered at all times with tight fitting covers until the refuse is disposed of.
2. Garbage- All garbage being placed in containers for collection shall have drained from it all free liquid, and shall be
wrapped, bagged, or enclosed in paper or plastic material unless otherwise specifically authorized by the Town
Manager or his designee.
3. Household Trash- All household trash shall be drained of all liquids prior to its deposit in refuser receptacles. Any
items of household trash which are too large for receptacles and cannot be reduced to a size which can be placed in a
receptacle may be placed in securely bagged or bound packages next to the receptacles.
4. Dangerous Trash Items- All dangerous trash items and all waste material of an injurious nature, including but not
limited to broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes, shall be securely
wrapped to prevent injury to collection crews and other persons.
5. Hazardous Refuse- No hazardous refuse or building materials shall be placed in any receptacle, container, or
disposal site unless authorized by State or Federal regulation.
6. Tree and Shrubbery Trimmings- Tree and shrubbery trimmings transported upon roads and streets within the
boundaries of the Town shall be securely covered or tied to prevent the depositing thereof on roads, streets,
sidewalks or road shoulders in the Town.
7. Disposal Sites- The county will establish, operate, and maintain sanitary landfills and container sites for the disposal
and storage of refuse. These are the only authorized disposal sites.
8. Scavenging- It shall be illegal for any person to enter any sanitary landfill and/or container site which may be
established by the Town except for the purpose of disposing of refuse. Any rummaging through the sanitary landfill
area or container site area and/or scavenging and removing any items there from is strictly prohibited.
9. Solid Waste Containers- It shall be unlawful for any commercial garbage or sanitation collection service, or for any
person, firm, or corporation using a vehicle larger than a ¾ ton pick up truck, to dispose of refuse in a solid waste
container or at a container site. All refuse shall be deposited in the container at a site and spillage shall be collected
and deposited in the container. Trees, stumps, tree limbs, poisons, caustic chemicals, concrete slabs or pieces, and
flammable are prohibited from being deposited in containers or at container sites.
SECTION VI. STORING OF REFUSE AND JUNK
All accumulations of refuse and junk shall be stored or placed for collection in accordance with the following provisions:
1. Public Streets and Private Property- No person shall place any accumulation of refuse or junk in any street, median
strip, alley, public vehicular area or other public place of travel, nor upon any private property except as stated herein.
2. Unauthorized Accumulations- Any unauthorized accumulation of refuse or trash items on any lot, property,
premises, public street, alley, public vehicular area or other public or private place is hereby declared to be a public
nuisance and is prohibited. Failure of owner or occupant to remove and correct any such unauthorized accumulation
of refuse shall be deemed a violation of this article.
3. Junk- It shall be unlawful for any person to place or leave outside any building or dwelling within public view any
dilapidated furniture, appliance, machinery, equipment, building material, or other item which is either in wholly or
partially rusted, wrecked, junked, dismantles, or inoperative condition, and which is not completely enclosed within a
building or dwelling. Any such item or items which remain on the property of the occupant for a period of ten (10) days
after notice of violation of this Section shall be presumed to be abandoned and subject to being removed from the
property by the Town without further notice and subject to expenses incurred in the removal of suck item or items.
SECTION VII. SCATTERING OF REFUSE AND LITTER PROHIBITED
1. It shall be unlawful for any person to: (1) Scatter refuse about or litter any public or private street or area or place,
or any public vehicular area; (2) Cast, throw, place, sweep, or deposit anywhere within the Town any refuse or trash in
such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or
other public place or into any occupied or unoccupied premises within the Town.
2. It shall be unlawful for any vehicle transporting loose materials within the Town to transport same without suitable
covers. This section shall not apply to the transportation of poultry, livestock, tobacco, and silage or other feed grain
used in the feeding of poultry or livestock.
3. If any of the material dumped in violation of this ordinance can be identified as having last belonged to, been in the
possession of, sent to or identified as having last belonged to, been in the possession of, sent to or received by, or to
have been the property of any person prior to its being dumped as prohibited therein, such identification shall be
presumed to be prima facie evidence that such owner dumped or caused to be dumped such matter and material in
violation of this Section.
SECTION VIII. COMMERCIAL ESTABLISHMENTS
1. Requirement for Containers:
All commercial establishments shall store their refuse in receptacles or containers as specified herein so as to
eliminate wind-driven debris and unsightly litter in and about their establishments. Approved methods of
containerization include refuse receptacles, bulk containers, and detachable containers. The number of containers
necessary for each commercial establishment shall be as required to maintain a clean, neat, sanitary premise. Spillage
and overflow shall be cleaned up immediately by the establishment when it occurs.
2. General Requirements for Screening:
(a) Salvage material and junk accumulations located within five hundred (500) feet of the centerline of any paved
State or Town maintained road, or public vehicular area within Holly Ridge, North Carolina shall be screened along the
road or public vehicular area frontage, and all that part exposed to public view.
(b) New commercial establishments which deal in the exchange, storage, or processing of salvage material and
accumulated junk, located within five hundred (500) feet of any residence, school, or church must be properly
screened from view.
(c ) New commercial establishments which deal in the exchange, storage, or processing of salvage materials and
accumulated junk created after the effective date of this ordinance must comply with the specific requirements set
fourth in this ordinance before a permit to operate as such an establishment will be issued by the Town Manager. New
commercial establishments include parties dealing in the exchange, storage, or processing of salvage materials and
accumulated junk as described below.
(d) Commercial Establishments Requiring Compliance:
(I) Commercial salvage yards, junkyard and vehicle graveyards, by the nature of their activities in processing
and recycling salvageable materials, parts and accessories, operate in an accumulated junk environment and shall
comply with the requirements set forth in this ordinance. The public display of salvaged parts and accessories for sale
or exchange shall be permitted outside the salvage yard, junk yard, or vehicle graveyard screen only during the
establishment’s normal hours.
(ii) New vehicle dealers and used vehicle dealers, in their activities relating to repairs and services of wrecked
and inoperable vehicles and in their exchange of vehicles may gradually accumulate wrecked, inoperable, junked, and
cannibalized vehicles to the point where they essentially become commercial salvage yards, junkyard, or vehicle
graveyards. This ordinance identifies six (6) or more disassembled, wrecked, inoperable, cannibalized, junked or
abandoned vehicles not currently awaiting repairs, so that they remain un-repaired, inoperable, or abandoned for six
(6) months or longer, to constitute accumulated junk.
(iii) Vehicle repair facilities and service stations, providing repair services for customers, may gradually
accumulate disassembled, wrecked, inoperable, cannibalized, junked, and abandoned vehicles so that they essentially
become commercial salvage yards, junkyard, and vehicle graveyards. This ordinance identifies six (6) or more
disassembled, wrecked, inoperable, cannibalized, junked or abandoned vehicles not currently awaiting repairs, so
that they remain un-repaired, inoperable, or abandoned for six (6) months or longer, to constitute accumulated junk.
(iv) Boat and boat trailer repair facilities, new boat dealers and used boat dealers may gradually accumulate
wrecked, inoperable, cannibalized boats and boat trailers to the point where they become commercial salvage yards,
or boat and boat trailer junkyard. This ordinance identifies six (6) or more disassembled, wrecked, inoperable or
cannibalized boats or boat trailers; not currently awaiting repair which have remained disassembled, wrecked, and
inoperable for six (6) months or longer to constitute accumulated junk.
(v) New appliance dealers, used appliance dealers and appliance repair facilities, used furniture and used
household item dealers may accumulate damaged, disassembled, inoperable, and cannibalized appliances or furniture
to the point where they become commercial junkyard and salvage yards. This ordinance identifies three (3) or more
disassembled, inoperable, or cannibalized appliances not currently awaiting repair for three (3) months or longer to
constitute accumulated junk. Three (3) or more items of used furniture and used household items stored in the public
view by any commercial establishment constitutes accumulated junk.
(vi) Used building materials dealers, selling or trading in used building materials, shall display these materials
in a manner used by new building materials dealers and traders. This ordinance identifies used building materials
which are stored or displayed in a disorganized, haphazard, or unsightly manner to constitute accumulated junk.
(vii) Commercial vehicle tire dealers, vehicle repair facilities, vehicle service stations, tire recapping/recycling
facilities may accumulate damaged, un-repairable, and un-serviceable vehicle tires to the point where they essentially
become vehicle tire junkyard. This ordinance identifies the accumulation of thirty (30) or more damaged and/or un-
repairable vehicle tires that have remained on the premises for more than thirty (30) days or more to constitute
accumulated junk.
(viii) Commercial aircraft repair facilities, new aircraft dealers and used aircraft dealers may gradually
accumulate wrecked, inoperable, and cannibalized aircraft to the point where they become commercial salvage yards
or aircraft junkyard. This ordinance identifies four (4) or more disassembled, wrecked, inoperable, or cannibalized
aircrafts not currently awaiting repair that have remained disassembled, wrecked, and inoperable for six (6) months or
longer to constitute accumulated junk.
(f) Commercial vehicle wrecker services which are required to store vehicles requiring a title according to city,
county, and state regulations are exempt from screening requirements when they verify that the processing for change
of ownership or sale of impounded vehicles is in progress. Vehicle impounded for one year or more will require
screening.
(g) Antique vehicles and other vehicles which are properly registered and are in a verifiable restoration process are
exempt from the standards set forth in this ordinance.
(h) In the event a property is developed adjacent to an existing establishment dealing in salvaged material and
accumulated junk, the screening requirements shall not be the responsibility of the commercial establishment.
3. SPECIFIC SCREENING REQUIREMENTS
(a) Commercial junkyard, salvage yards and accumulated junk establishments as defined in this ordinance, must
screen accumulated junk from public view. If screening is not provided by building, topographical features or dense
vegetation, man made and installed or man planted screening shall be provided.
(b) Screening shall consist of opaque fencing, buildings, dense vegetation, or a combination of these, to a minimum
height of six (6) feet, to conceal vertically accumulated junk. Screening shall be free standing and extend from the
ground level. Tarpaulins, tents or other temporary screens are not acceptable screening materials.
( c) Deteriorated screening materials and vegetation shall be replaced to maintain complete screening.
Accumulated junk establishments have two (2) months from the date of notification that screening has deteriorated to
initiate restoration on complete screening, consistent with seasonal planting conditions. Vegetation which has
seasonal changes that open the accumulated junk to public view are not sufficient to meet the requirements of this
ordinance and must be replaced by fencing or suitable vegetation.
(d) Screening materials shall be set back from the road or street right of way or the property boundaries a distance
of one (1) foot, or a sufficient distance to allow installation of the screening material between the accumulated junk and
the public. Accumulated junk shall not be used to support the screening material or comprise part of the screen itself.
(e) An owner/operator may install the screen adjacent to the accumulated junk to facilitate screening from public
view if the property boundaries are more than five (5) feet from the accumulated junk.
3. ENFORCEMENT
Enforcement of this section rests with the Town Manager or his designee. The enforcement officer shall notify the
property owner or operator of the establishment of the violation and the owner/operator shall have a period of ninety
(90) days from the date of notification to comply with this Section.
SECTION IX. LOADING AND UNLOADING AREAS
All loading and unloading areas shall be provided with refuse receptacles for loose debris, paper, packaging
materials, and other trash. The number of containers necessary for each area shall be as required to maintain a
clean, neat, and sanitary premises.
SECTION X. CONSTRUCTION SITES AND DEMOLITION SITES
All construction and demolition contractors shall provide on site refuse receptacles, bulk containers, or detachable
containers for construction debris and other trash which is capable of being moved or blown about by the wind and
which is produced by those working on the site. All such materials shall be containerized by the end of each day, and
the site shall be kept in a reasonably clean and litter free condition. Construction debris and refuse deposited upon
any public or private property as a result of construction or demolition shall be immediately removed by the contractor.
Construction sites shall be kept clean and orderly at all times.
SECTION XI. SPECIAL REFUSE DISPOSAL PROBLEMS
1. Contagious Disease Refuse- The removal of clothing, bedding, or other refuse from homes or other places
where highly infections diseases have prevailed shall be performed under the supervision and direction of the County
Health Department.
2. Ashes- Ashes that are to be transported to authorized disposal sites or landfills must have been wetted and cool
to the touch prior to disposal.
SECTION XII. COLLECTION AND DISPOSAL
All commercial collectors of refuse who desire to haul within the Town shall obtain a permit from the County Health
Department and shall use a vehicle provided with a tight cover and so operated as to prevent offensive odors or
liquids escaping there from and refuse from being dropped, blown, or spilled.
SECTION XIII. RESPONSIBILITY OF OWNERS AND AGENTS
The owners or agents, tenants or lessees, or persons in possession of all residential units and commercial
establishments shall be responsible for compliance with this ordinance.
SECTION XIV. ABANDONED MOTOR VEHICLES
1. Abandonment Unlawful- It shall be unlawful to abandon any motor vehicle on any public street, public vehicular
area or public grounds or upon any privately owned property, and it shall be unlawful for any person controlling
privately owned property to abandon or to permit the abandonment thereupon of any motor vehicle on that property.
Violation of this Section shall be a misdemeanor punishable by fine or imprisonment or both: provided, however, that
no person controlling privately owned property shall be criminally liable for the abandonment of motor vehicles
thereupon by others if he shall assist the duly designated officials and agents of the Town in disposing of said vehicles
in the manner prescribed in this Article.
2. Abandoned Vehicles Defined- A motor vehicle shall be determined to have been abandoned when:
(a) It has been left upon a street or highway in violation of a law or ordinance prohibiting parking; or
(b) It is partially dismantled or wrecked; or
(c ) It is incapable of self-propulsion or being moved in the manner for which it was originally intended; or
(d) It is left on property owned or operated by the Town for a period of not less than twenty-four (24) hours; or
(e) It is left on private property without the consent of the owner, occupant, or lessee thereof for a period of not less
than twenty-four (24) hours; or
(f) It is left on any public street or highway of the town for a period of not less than seven (7) days.
3. Junk Motor Vehicles- Any abandoned vehicle which is inoperable, dismantled, or damaged, five (5) years old or
older and worth less than one hundred ($100.00) dollars as determined by a disinterested dealer or garage man shall
be deemed a junk vehicle. A junk vehicle shall be held at least fifteen (15) days, during which time the owner may
reclaim it by exhibiting proof of ownership and paying all reasonable costs incident of removal and storage and
administrative expenses.
4. Removal-
(a) Any abandoned or junked motor vehicle found to be in violation of this ordinance may be removed to a storage
area for safekeeping by or under the direction of the Police Department or other person, firm, or corporation so
designated by the Town. Written notice by mail of such removal shall be promptly given to the registered owner of the
vehicle and to any holders of any lien of record in the office of the Department of Motor Vehicles.
5. Disposition of Vehicles
(a) The owner of any removed vehicle, before obtaining possession thereof, shall pay to the agent of the Town storing
said vehicle all reasonable costs incidental to the removal, storage, and locating of the owner.
(b) Should such owner fail or refuse to pay the costs, or should his identity or whereabouts be unknown and
unascertainable after a diligent search and after notice as herein prescribed, the stored vehicle may be sold after
twenty (20) days notice has been given to the Department of Motor Vehicles before the date of sale and after the
vehicle has been held for not less than thirty (30) days.
(c ) The vehicle may be sold by public or private sale, but no vehicle may be sold until its value has been determined
by three (3) disinterested dealers or garage.
(d) A vehicle of an appraised value of less than one hundred (100.00) dollars may be disposed of by any means in the
discretion of the storing agent of the Town.
(e) The proceeds of any sale shall be forwarded to the finance officer of the Town, who shall pay from the proceeds of
said sale the cost of removal, storage, investigation as to ownership and sale, and liens, in that order. If, after the sale,
the ownership at the time of the removal is established satisfactorily to the finance officer, the owner shall be paid so
much of the proceeds as remains after payment of the foregoing costs and liens. Otherwise, any remaining proceeds
shall be deposited in the general fund of the Town.
(f) An unclaimed junk vehicle may be destroyed or otherwise disposed of after fifteen (15) days. Notice shall be given
within fifteen (15) days after final disposition to the Department of Motor Vehicles that it was deemed a junk vehicle
and disposed of as such. This notice shall fully and accurately describe said vehicle.
(g) Any proceeds derived from the disposition of junk vehicles shall be deposited in the general fund of the Town.
6. Disposition with Owner’s Consent- with the owner’s consent, the Town may remove and dispose of any vehicle as a
junk motor vehicle regardless of value or condition of said vehicle and without waiting the aforesaid fifteen (15) day
period.
7. Immunity- No person shall be held to answer in and civil or criminal action to any owner, lien holder, or other person
legally entitled to the possession of any abandoned, lost, or stolen motor vehicle for disposing of it as contemplated
herein.
8. Penalty- In addition to and separate and apart from any other remedies set fourth and established by this Section,
any person violating the provisions of this Section shall be assessed a penalty of ten dollars ($10.00), and each and
every day during which suck violation continues, shall be a separate and distinct offense.
SECTION XV. NUISANCES: DESIGNATED
It shall be unlawful for any person to create a nuisance on his lot or a lot occupied by him, or to allow a nuisance to
remain on his lot or a lot occupied by him. Accumulated junk and inoperable equipment (except as outlined in Section
VIII), trash, refuse, construction debris, dead animals, stagnant water, decayed vegetables and fruit, filthy privies and
stables, and anything causing offensive odors or health risks to others are declared to be nuisances. Note: Normal
animal and manure odors from established farms, livestock, and poultry operations and odors associated with seafood
operations are excluded.
SECTION XVI. TRASH, DUTY OF PERSON RESPONSIBLE
1. It shall be unlawful for any person to maintain premises, including vacant lots or land, upon which trash, garbage, or
miscellaneous refuse is permitted or caused to accumulate in any manner which is, or may become a nuisance, or
cause injury to the health or welfare of residents in the vicinity or may injure neighboring property. Drive-in restaurants
and other food establishments that permit carry-out food service shall maintain at all times on their premises sufficient
receptacles for the disposal of trash, garbage, and miscellaneous garbage.
2. In the event the person or persons responsible refuse to remove the trash, the trash, garbage, or refuse from the
property on which it is allowed to accumulate trash, garbage, or refuse from the property on which it is allowed to
accumulate within ten (10) days after notice in writing has been given by the Town to the person responsible, he shall
be deemed guilty of a violation of this Section.
3. If the person responsible for the conditions names above has not acted to correct the violation the Town Attorney
shall, upon request of the Holly Ridge Town Council, apply to the appropriate division of the General Court of Justice
for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful
condition. If the defendant fails or refuses to comply with the injunction or order of abatement within the time allowed
by the court, he may be cited for contempt and the Town shall execute the order of abatement. When the Town
executes the order, it has a lien on the property in the nature of a mechanic’s and material man’s lien for the costs of
executing the order.
4. In addition to and separate and apart from the other remedies set forth in this Section, a violator of any of the above
provisions may be assessed a penalty of ten ($10.00) dollars and each and every day during which a violation occurs
shall be a separate offense.
SECTION XVII. DUTIES AND RESPONSIBILITIES FOR ADMINISTRATION AND ENFORCEMENT
1. Enforcement of this ordinance shall rest with those governmental agencies and personnel which are authorized to
exercise police powers, in accordance with Section 14-399 of the G.S. 130A-290, within the Town.
2. The provisions of this ordinance shall be enforced by the inspection of property and by the observance of those
persons who are seen to violate any of the provisions contained herein. The Holly Ridge Police Department is
empowered to issue citations, warning citations, and/or letters of warning when in their opinion any of the provisions of
this ordinance have been violated. Citations or warnings so issued may be delivered by enforcement officials in person
to the violator or mailed registered mail (return receipt requested) to the person so charged, if he or she cannot be
readily found. Any citation of violation so delivered or mailed shall direct the alleged violator to appear in District Court
on or before a specific day or hour named in the citation. The period so specified shall not be less than seventy-two
(72) hours after its delivery to the violator.
3. In all cases, prior to enforcement action, the Chief of Police shall consult with the Town Manager regarding (1)
whether or not prior enforcement action has been taken or is pending; and, (2) the interpretation of the ordinance and
the degree of enforcement action necessary.
4. In all instances where enforcement personnel determine that the violation is a first offense, a written letter or
warning citation shall be issued which shall state therein what the violation is, what corrective measures are to be
taken and the time and date when corrections are to be completed. Failure to comply with the corrective measures
stated in such warning notice shall cause enforcement personnel to issue a citation for violation of this ordinance.
5. The Town Manager or his representative shall cause all citation forms to be serially numbered and records with
respect to the said citation forms shall be maintained so that all of them can be accounted for.
SECTION XVIII. FINES AND PENALTIES
1. Any person convicted of a violation of this ordinance shall be guilty of a misdemeanor and shall, upon conviction, be
punished in addition to any other remedy by a fine of not less than fifty dollars ($50.00) or more than five hundred
dollars ($500.00) or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment.
2. In lieu of fine or imprisonment, and at the discretion of the Court, any person convicted of a violation of this
ordinance may be sentenced to clean a specific public area of trash, garbage, refuse, and/or debris within a specific
time frame.
SECTION XIX. NOTICE OF STATE LAW
The public is hereby notified of the existence of State law NC G.S. 130A-290 (SB 111) which state law provides that
many of the provisions of this Ordinance are also violation of state law and that such state law contains penalties and
sanctions up to $500 in fines and other court directed punishments.
SECTION XX. CONFLICTING ORDINANCE REPEALED
All ordinances/ regulations or parts of ordinances/ regulations in conflict with this ordinance are repealed only to the
extent necessary to give this ordinance full force and effect.
SECTION XXI. SEVERABILITY
If any provisions of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction such provision and such holding shall not affect the validity of any other provision, and to that end, the
provisions of this Ordinance are hereby declared to be severable.
SECTION XXII. EFFECTIVE DATE
This ordinance shall be effective upon the Tenth day of October, 1995.
This ordinance effective upon adoption.
ARTICLE 12-4
PRIVIES - SEPTIC TANKS
Section 1. Privies Regulated
No privy of any kind shall be permitted in the Town of Holly Ridge where Town sewer is reasonably accessible.
When privies are permitted they shall be constructed in accordance with the regulations of the North Carolina State
Board of Health. Privies altered or reconstructed shall also conform to these regulations.
Section 2. Septic Tanks Regulated
Septic tanks may be installed where sewer is not reasonably accessible, provided, such tank is constructed in
accordance with the specification of the North Carolina State Board of Health, and a permit therefore issued by the
Town Clerk.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF HOLLY RIDGE THAT THE CODE OF ORDINANCES OF THE
TOWN (THE CODE) IS HEREBY AMENDED AS FOLLOWS:
SECTION 1. A new section is hereby added to the Code as follows:
A. Pursuant to the provisions of the Administration of Smallpox Countermeasure by Health Professionals, Section 304
of the Homeland Security Act, Pub. L. No.107-296 (Nov. 25, 2002) now or hereafter to be codified at 42 U.S.C. S 233
(p) (“the Act”), and pursuant to the provisions of N.C.G.S. S160A-164.1, it is the policy of the Town of Holly Ridge that
absence from work by any “first responder” as that term is defined in the Act which is due to an adverse medical
reaction resulting from the employee receiving in employment vaccination against smallpox incident to the
administration of Smallpox Countermeasures by Health Professionals or which otherwise qualifies as an occupational
injury or disease pursuant to N.C.G.S. S 97-53 (29) shall be treated the same as any other absence arising from and
occupation injury or occupational disease as covered by N.C.G.S. Ch. 97.
B. In the event that federal regulatory or statutory provisions providing compensation and benefits to persons for
infection with smallpox, infection with vaccinia, or any adverse medical reaction incident to the Administration of
Smallpox Countermeasures by Health Professionals, Section 304 of the Homeland Security Act (citation supra) are
adopted, a condition precedent to recovery under this policy and N.C.G.S. Ch. 97 shall be that the person claiming
compensation and benefits under this act shall first seek compensation and benefits under the federal provisions, with
those provisions constituting primary coverage and the person then being entitled to compensation and benefits under
this policy not exceeding a total recovery under the federal provisions and this policy equal to the amount available
under this policy.
C. The provisions of this policy are severable. If any provision of this policy is held invalid by a court of competent
jurisdiction, the invalidity does not affect other provisions of the act that can be given effect without the invalid
provision.
D. This ordinance shall become effective upon passage.
E. The Town Clerk or other appropriate official of the Town of Holly Ridge may renumber the provisions of this
ordinance as necessary to maintain consistency within the Code.
Adopted this 9th day of September 2003.