§ 160A-79. Pleading and proving city ordinances.
§ 160A‑79. Pleading and proving city ordinances.
(a) In all civil and criminal cases a city ordinance that hasbeen codified in a code of ordinances adopted and issued in compliance withG.S. 160A‑77 must be pleaded by both section number and caption. In allcivil and criminal cases a city ordinance that has not been codified in a codeof ordinances adopted and issued in compliance with G.S. 160A‑77 must bepleaded by its caption. In both instances, it is not necessary to plead orallege the substance or effect of the ordinance unless the ordinance has nocaption and has not been codified.
(b) Any of the following shall be admitted in evidence in allactions or proceedings before courts or administrative bodies and shall havethe 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 inaccordance with G.S. 160A‑77 and certified under seal by the city clerkas having been adopted by the council and maintained in accordance with itsdirections (the clerk's certificate need not be authenticated).
(3) A copy of an ordinance as set out in the minutes, code, orordinance book of the council, certified under seal by the city clerk as a truecopy (the clerk's certificate need not be authenticated).
(4) Copies of any official lists or schedules maintained inaccordance with G.S. 160A‑77 and certified under seal by the city clerkas having been adopted by the council and maintained in accordance with itsdirections (the clerk's certificate need not be authenticated).
(c) The burden of pleading and proving the existence of anymodification or repeal of an ordinance, map, or code, a copy of which has beenduly pleaded or admitted in evidence in accordance with this section, shall beupon the party asserting such modification or repeal. It shall be presumed thatany portion of a city code that is admitted in evidence in accordance with thissection has been codified in compliance with G.S. 160A‑77, and the burdenof pleading and proving to the contrary shall be upon the party seeking toobtain an advantage thereby.
(d) From and after the respective effective dates of G.S. 160A‑77and 160A‑78, no city ordinance shall be enforced or admitted intoevidence in any court unless it has been codified or filed and indexed inaccordance with G.S. 160A‑77 or 160A‑78. It shall be presumed thatan ordinance which has been properly pleaded and proved in accordance with thissection has been codified or filed and indexed in accordance with G.S. 160A‑77or 160A‑78, and the burden of pleading and proving to the contrary shallbe upon the party seeking to obtain an advantage thereby.
(e) It is the intent of this section to make uniform the lawconcerning the pleading and proving of city ordinances. To this end, allcharter provisions in conflict with this section in effect as of January 1,1972, are expressly repealed, and no local act taking effect on or afterJanuary 1, 1972, shall be construed to repeal or amend this section in whole orin 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.)