(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 G.S. 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 G.S. 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 G.S. 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 G.S. 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 G.S. 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 G.S. 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 G.S. 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 G.S. 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 G.S. 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.)
Notes of Decisions
Shearl v. Town of Highlands, 762 S.E.2d 877 (N.C. Ct. App. 2014).
· cites it 4× “Furthermore, with respect to the type of evidence that may be presented on remand, we note that N.C. Gen. Stat. § 160A-79, entitled, “Pleading and proving city ordinances,” provides that “[c]opies of any part of an official map book” maintained in accordance with the statute…”
State v. Pallet, 198 S.E.2d 433 (N.C. 1973).
· cites it 2× “Decisions prior to the enactment of the 1917 statute on which G.S. 160A-79 (a) is based include the following: Greensboro v.”
In re Jacobs, 234 S.E.2d 639 (N.C. Ct. App. 1977).
· cites it 3× “Respondent contends that the court should have granted the motion to quash the juvenile petition based on the city code since (1) the petition did not plead the caption of the city code *197 as required by G.S. 160A-79 and (2) the ordinance is unconstitutionally vague and…”
State v. Miller, 884 S.E.2d 175 (N.C. Ct. App. 2023).
· cites it 7× “§ 8-5 states that “[i]n a trial in which the offense charged is the violation of a town ordinance, a copy of the ordinance alleged to have been violated, proven as provided in G.S. 160A-79, shall be prima facie evidence of the existence of such ordinance.”
Pitt Cnty. v. Deja Vue, Inc., 650 S.E.2d 12 (N.C. Ct. App. 2007).
· cites it 2× “§ 160A-179 applicable to county ordinances, providing that “[cjounty ordinances shall be pleaded and proved under the rules and procedures of G.S. 160A-79. References to G.S. 160A-77 and G.”
Mason v. Carteret Cnty., North Carolina, No. 4:22-cv-00130 (E.D.N.C. Aug. 25, 2023).
· cites it 3× “See N.C.G.S. § 160A-79 (requiring in state court that a codified city ordinance be pleaded by both section number and caption).”
State v. Desperados Inc., 671 S.E.2d 598 (N.C. Ct. App. 2009).
· cites it 2× “Under North Carolina law, a copy of an ordinance admitted into evidence is given the same force and effect as the original ordinance pursuant to N.C. Gen. Stat. § 160A-79(b) (2005). However, N.”
Johnson v. Town of Longview, 245 S.E.2d 516 (N.C. Ct. App. 1978).
“” See G.S. 160A-79(d). The argument must fail. The record discloses that defendant is a town of less than 5,000, and G.”
N.C. Gen. Stat. § 160A-79(a): 2 cases
State v. Pallet, 198 S.E.2d 433 (N.C. 1973).
“Decisions prior to the enactment of the 1917 statute on which G.S. 160A-79 (a) is based include the following: Greensboro v.”
State v. Miller, 884 S.E.2d 175 (N.C. Ct. App. 2023).
“§ 8-5 states that “[i]n a trial in which the offense charged is the violation of a town ordinance, a copy of the ordinance alleged to have been violated, proven as provided in G.S. 160A-79, shall be prima facie evidence of the existence of such ordinance.”
N.C. Gen. Stat. § 160A-79(b): 2 cases
In re Jacobs, 234 S.E.2d 639 (N.C. Ct. App. 1977).
“Respondent contends that the court should have granted the motion to quash the juvenile petition based on the city code since (1) the petition did not plead the caption of the city code *197 as required by G.S. 160A-79 and (2) the ordinance is unconstitutionally vague and…”
State v. Desperados Inc., 671 S.E.2d 598 (N.C. Ct. App. 2009).
“Under North Carolina law, a copy of an ordinance admitted into evidence is given the same force and effect as the original ordinance pursuant to N.C. Gen. Stat. § 160A-79(b) (2005). However, N.”
N.C. Gen. Stat. § 160A-79(b)(2): 1 case
Shearl v. Town of Highlands, 762 S.E.2d 877 (N.C. Ct. App. 2014).
“Furthermore, with respect to the type of evidence that may be presented on remand, we note that N.C. Gen. Stat. § 160A-79, entitled, “Pleading and proving city ordinances,” provides that “[c]opies of any part of an official map book” maintained in accordance with the statute…”
N.C. Gen. Stat. § 160A-79(d): 1 case
Johnson v. Town of Longview, 245 S.E.2d 516 (N.C. Ct. App. 1978).
“” See G.S. 160A-79(d). The argument must fail. The record discloses that defendant is a town of less than 5,000, and G.”
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