NORTH CAROLINA GENERAL ASSEMBLY
1961 SESSION

CHAPTER 514
HOUSE BILL 417

AN ACT TO AUTHORIZE COUNTIES TO REGULATE THE COLLECTION OF GARBAGE.

The General Assembly of North Carolina do enact:

Section 1.  Chapter 153 of the General Statutes is hereby amended by adding thereto a new Article to read as follows:
"ARTICLE 22
"Garbage Collection and Disposal
"G.S. 153‑272.  Control of private collectors. The board of county commissioners of any county is hereby empowered to regulate the collection and disposal of garbage by private persons, firms, or corporations outside of the incorporated cities and towns of the county for the purpose of encouraging and attempting to insure an adequate and continuing service of garbage collection and disposal where the board deems it to be desirable. In the exercise of such power, the board may issue a license to any private person, firm, or corporation to collect and/or dispose of garbage; may prohibit the collection and/or disposal of garbage by unlicensed persons, firms, or corporations; may grant to licensed persons, firms, or corporations the exclusive right to collect and/or dispose of garbage for compensation within a specified area and prohibit unauthorized persons, firms, or corporations from collecting and/or disposing of garbage within said area; and may regulate the fees charged by licensed persons, firms, and corporations for the collection and/or disposal of garbage to the end that reasonable compensation may be provided for such services. The board may adopt regulations pursuant to the power herein granted, and the violation of any such regulation shall be a misdemeanor, subject to a fine not exceeding fifty dollars ($50.00), or imprisonment not exceeding thirty days; each week that any such violation continues to exist shall be a separate offense.
"G.S. 153‑273.  County collection and disposal. The board of county commissioners of any county is hereby empowered to establish and operate garbage collection and/or disposal facilities in areas outside of incorporated cities and towns where, in its opinion, the need for such facilities exists. The board may contract with any city or town to collect and/or dispose of garbage in any such area. In the disposal of garbage, the board may use any vacant land owned by the county, or it may acquire suitable sites for such purpose. The board may make appropriations to carry out the activities herein authorized. The board may impose fees for the use of disposal facilities, and in the event it shall provide for the collection of garbage, it shall charge fees for such collection service sufficient in its opinion to defray the expense of collection.
"G.S. 153‑274.  Powers of local boards of health unaffected. Nothing in this Article shall affect the powers of local boards of health to control the keeping, removal, collection, and disposal of garbage, insofar as the exercise of any such power is necessary to protect and advance the public health.
"G.S. 153‑275.  Powers granted herein supplementary. The powers granted to counties by this Article shall be deemed supplementary to any powers heretofore or hereafter granted by any other law, either general, special, or local, for the same or a similar purpose, and in any case where the provisions of this Article conflict with or are different from the provisions of such other law, the board of county commissioners may in its discretion proceed in accordance with the provisions of such other law, or, as an alternative method, in accordance with the provisions of this Article."
Sec. 1a.  The provisions of this Act shall not apply to Vance County.
Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3.  This Act shall be effective upon ratification.
In the General Assembly read three times and ratified, this the 26th day of May, 1961.