§ 1.4. Enumeration of certain specific powers.

The city council, among the powers granted, shall have power and authority:

(1)

Payment of debts. To provide for the payment of any existing indebtedness and of any lawful obligation that may from time to time be made by the city and to appropriate funds for that purpose.

(2)

Establishment of parks. To establish and regulate public parks and grounds for its citizens.

(3)

Establishment, maintenance of streets. To establish, construct, open, close, grade and keep in repair streets, sidewalks, public alleys, bridges, culverts, drains and conduits in the city, and regulate the construction and use of the same. In cooperating with the North Carolina Department of Transportation, to plan, design and construct new streets and sidewalks, and to widen, extend, pave and improve existing streets and sidewalks outside the corporate limits and to acquire the necessary land therefor by dedication and acceptance, purchase or eminent domain.

(4)

Obstructions and encroachments on streets. To abate any obstructions and encroachments on streets, sidewalks, public alleys, bridges, culverts, drains and conduits in the city and to punish those causing or responsible for such obstructions or encroachments.

(5)

Excavations in streets. To prevent excavations on any street, sidewalk, public alley, park or ground, unless by permission of the city council, to prescribe and exact fees for such privileges and to require satisfactory bonds or deposits in cash or securities as guarantee for the proper restoration of such street, sidewalk, park, public alley or public ground.

(6)

Lighting of streets generally. To provide for the lighting of the streets, public grounds, parks and public buildings.

(7)

Lighting of streets used by railroads. To require all railroads to light the streets over or across which their trains are operated where such lighting is deemed necessary by reason of the operation of such trains and to prescribe the kind of light to use for such lighting.

State law reference— Cost of lights and other installations at grade crossings, G.S. § 160A-298.

(8)

Speed of trains. To regulate the speed of all railroad trains and locomotives within the city, subject to the provisions of Section 62-60 of the General Statutes of the state.

State law reference— Municipal regulation of speed of trains, G.S. §§ 160A-195, 62-239; hearings, etc., of North Carolina Utilities Commission, G.S. § 62-60.

(9)

Assessments against railroads for street improvements. To levy special tax assessments upon railroads for street improvements in the same manner as against abutting property owners as provided for in this charter.

State law reference— Assessments against railroads, G.S. § 160A-222.

(10)

Gates at railroad crossings. To require railroad companies to maintain gates or watchmen at street crossings when deemed necessary.

State law reference— Safety devices at grade crossings, G.S. § 160A-298.

(11)

Railroad tracks, turnouts, switches. To regulate and control the laying and construction of railroad tracks, turnouts and switches, and to regulate, change or alter the grades of same and to require that railroad tracks, turnouts and switches be constructed and so laid as to interfere as little as possible with the ordinary travel and use of streets, and to require railroad companies of all kinds to construct, raise, lower, alter, widen, or enlarge, at their own expense, such tracks, bridges, turnouts, culverts, crossings and other things as the city council may deem necessary.

State law reference— Railroad bridges, G.S. § 160A-298.

(12)

Power engines and boilers. To control and regulate the erection and use of steam and other power engines and boilers in the city, and to adopt such rules and regulations in relation thereto as may be deemed best for the public safety and comfort.

State law reference— Boilers and pressure vessels, G.S. § 95-69.8 et seq.

(13)

Transportation of explosives and flammables. To regulate the transportation, storage and use of gasoline, benzine, dynamite and other substances which are explosive or highly flammable and dangerous to the public safety.

State law reference— Gasoline and oil, G.S. Ch. 119; labeling of household cleaners, G.S. § 66-85 et seq.; offenses relating to explosives, G.S. § 14-283 et seq.; shipment of flammable substances, G.S. § 62-211; certain vehicles stop at railroad crossings, G.S. § 20-143.1; vehicles transporting explosives, G.S. § 20-167; municipal regulation of explosives, flammables, etc., G.S. § 160A-183.

(14)

Use of bicycles and motor vehicles. To regulate the use of bicycles and motor vehicles.

State law reference— Powers of local authorities as to motor vehicles, G.S. §§ 20-169, 160A-296, 160A-300.

(15)

Permits for bicycles. To issue permits for the use of bicycles and to require the same to be numbered.

(16)

Inspection of dairies, milk and foodstuffs. To provide for inspection of all dairies doing business within the city, and to regulate and maintain a standard for milk sold in the city, to provide for and regulate the inspection of all foodstuffs offered for sale in the City of Wilmington, and to impose license fees on all persons engaged in any such businesses.

State law reference— Inspection of milk and dairy products, G.S. § 106-267 et seq.; food, drugs and cosmetics, G.S. § 106-120 et seq.

(17)

Slaughterhouses and meat markets. To regulate, license or prohibit the business of slaughtering animals and to regulate the selling of fresh meats in the city limits, to revoke such license for malconduct in business and to regulate and prescribe plans and specifications and conduct of slaughterhouses and abbattiors [abattoir] where animals are slaughtered and where fresh meats are kept or stored for use or sale within the city.

State law reference— Meat inspection, G.S. § 106-549.15 et seq.

(18)

Cleaning dairies, groceries, restaurants. To require any owner or occupant of a dairy, grocery, meat, fish or other market place, any restaurant or eating place or stable, to cleanse or operate same in such manner as may be necessary for the health, comfort and convenience of the inhabitants.

State law reference— Sanitation of restaurants, G.S. § 72-46 et seq.

(19)

Markets and market places. To establish markets and market places and provide for the government and regulation thereof.

(20)

Horses, cattle, dogs running at large. To regulate, restrain, and prohibit the running at large of horses, cattle, sheep, swine, goats, dogs and other animals in the city, to authorize the impounding and sale of the same for the cost of proceedings and the penalty incurred, to order the destruction of such thereof as cannot be sold or are not reclaimed and to impose penalties on the owners or keepers thereof for violating any ordinance. At all such sales the purchaser of any animal shall be deemed to acquire a good and valid title thereto if the provisions of the ordinance have been complied with.

State law reference— Municipal regulation of domestic animals, G.S. § 160A-186; dogs, G.S. Ch. 67; allowing livestock to run at large, G.S. § 68-16.

(21)

Sunday observance; order near churches. To provide for the due observance of Sunday and the maintenance of order in the vicinity of churches, schools and hospitals.

State law reference— Sundays, holidays and special days, G.S. Ch. 103.

(22)

Fire stations and equipment. To establish and own stations and equipment for extinguishing fires and to provide everything necessary for the efficient operation of same.

(23)

Fire prevention and extinguishment. To establish such regulations for the prevention and extinguishment of fires as it may deem expedient.

(24)

Fire limits and buildings therein. To establish fire limits and to regulate or prohibit the erection, building, placing, moving or repairing of wooden buildings within such fire limits.

State law reference— Fire limits, G.S. § 160A-435 et seq.

(25)

Theaters, tenement houses. To regulate the size, arrangement and construction of theaters, tenement houses, audience rooms, public halls and all buildings used for the gathering of a number of people, hereafter to be built.

State law reference— Construction of places of amusement, G.S. § 69-9 et seq.; municipal regulation of places of amusement, G.S. § 160A-181.

(26)

Dilapidated buildings. To declare as nuisances all dilapidated buildings which may be deemed dangerous by the city council and to require the same to be removed in such manner as the city council may direct.

State law reference— Defective and unsafe buildings, G.S. § 160A-425 et seq.; minimum housing standards, G.S. § 160A-441 et seq.

(27)

Building inspection. To provide for the inspection of all buildings in the city, and to prescribe and enforce proper regulations in regard thereto.

State law reference— Building inspection, G.S. § 160A-411 et seq.

(28)

Poles and wires. To regulate and locate the erection of all poles in the city and cause the same to be changed or removed and all wires to be placed underground, whether telegraph, telephone, light, power or otherwise.

(29)

Fire escapes. To require the construction of suitable fire escapes on or in hotels, boardinghouses, factories, schoolhouses and other buildings, whether now built or hereafter built.

State law reference— Fire escapes, G.S. § 69-8 et seq.

(30)

Construction of chimneys, boilers, furnaces. To prevent dangerous construction of chimneys, fireplaces, hearths, stoves, stove pipes, flues, boilers, furnaces and other heating apparatus, and cause the same to be removed and made safe.

(31)

Dense smoke. To prevent nuisances on account of dense smoke from boilers or furnaces.

State law reference— Local air pollution control programs, G.S. § 143-215.112; emission of pollutants or contaminants, G.S. § 160A-185.

(32)

Right of entry of city officers; correction of defects. To authorize one or more officers, agents, or employees of the city to enter in and upon all buildings and premises within the city to inspect and discover whether such buildings and premises are dangerous on account of fire hazard or otherwise, or in an unclean state, and to cause the defects to be remedied and filth and trash to be removed.

State law reference— Warrants to conduct inspections, G.S. § 15-27.2.

(33)

Nuisances generally. To define what shall be nuisances in the city, to abate them by summary proceedings and to punish the authors by penalties, fines or imprisonment.

State law reference— Nuisances generally, G.S. § 160A-174.

(34)

Incinerators. To establish one or more incinerators and to provide for the removal of all filth, carcasses of dead animals and other unhealthy substances for incineration.

(35)

Condition of premises. To require the owners and occupants of all premises to keep such premises in a clean condition.

(36)

Burial of dead. To regulate the burying of the dead in the city.

State law reference— Cemeteries, G.S. Ch. 65.

(37)

Sewerage and drainage systems. To establish, enlarge or extend systems of sewerage and drainage and to require persons owning property within a reasonable distance to connect therewith.

(38)

Sewage disposal plants. To establish works or plants for sewage disposal and to extend or build the same beyond the corporate limits of the city when deemed necessary.

State law reference— Public enterprises, G.S. § 160A-311 et seq.

(39)

Private drains, sinks and privies. To require the owners of private drains, sinks, and privies to fill up, cleanse, drain, relay, repair, remove or fix and improve the same; provided, that if necessary, the city can have such work done, and the costs of the same shall be a lien on the property and taxed up against it [sic] and collected in such manner as the city council may determine.

State law reference— Ground absorption sewage treatment and disposal, G.S. § 130-166.62 et seq.

(40)

Waterworks system. To own, maintain and operate a system of waterworks for the furnishing of a supply of water to the city and its inhabitants.

(41)

Transportation facilities. To supervise all transportation facilities in the city.

State law reference— Public utilities, G.S. Ch. 62.

(42)

Fares and taxicabs. To regulate fares for transportation by all taxicabs and other vehicles for hire in the streets of the city.

(43)

Protection of taxicab drivers, hotel keepers, against fraud. To protect drivers of taxicabs and other vehicles for hire, chauffeurs, keepers of restaurants, boardinghouses, motels, tourist courts, hotels or lodginghouses or places from being cheated, defrauded or deprived of just compensation for services rendered or accommodation furnished.

(44)

Theatricals, circuses, carnivals. To provide for regulating and restraining theatricals, circuses, carnivals and other public performances within the city and levy license taxes thereon and to enforce such provisions.

(45)

Docks, wharves and warehouses. To regulate the use of docks, wharves and warehouses and to regulate and fix the charges for the use thereof.

State law reference— Public warehouses, G.S. § 66-35 et seq.

(46)

Leases on streets bordering river. To make temporary leases of any portion of the streets of the city bordering on the river not necessary to the public use; provided, however, that:

(1)

No such lease shall be for a longer term than two (2) years;

(2)

The city council may terminate such lease upon thirty (30) days' notice to the lessee, notwithstanding the term shall not have expired.

(47)

Penalties for breach of ordinance enacted under charter. To prescribe penalties and forfeitures for the breach of any ordinance enforcing the powers granted in this charter and to provide for the recovery of such fines and forfeitures.

State law reference— Penalty for violation of ordinances, G.S. § 14-4; enforcement of ordinances, G.S. § 160A-175.

(48)

Other powers and functions. To exercise any other powers and functions granted to municipalities by the general laws of the state, not inconsistent with any specific provisions of this charter.

(Sess. Laws, 1986, Ch. 912, § 1)

County Code references— Licenses and business regulations, § 121 et seq.; division of liquor profits, § 301; game and fish, § 321 et seq.

State law reference

General powers supplementary to charters, G.S. § 160A-3.