CHAPTER 6 -
MOTOR VEHICLES AND TRAFFIC
Article I -
Definitions and Interpretations
Section 6-1 Definitions and Rules of Construction.............................................................
Article II - Traffic
Control and Traffic Control Devices
Section 6-2 Stoplights Required at Certain Intersections
and Locations...........................
Section 6-3 Flashing Red or Yellow Lights Required at
Certain Intersections...................
Section 6-4 Stop Signs Required at Certain Intersections..................................................
Section 6-5 One-Way Streets..............................................................................................
Section 6-6 Yield-Right-of-Way Signs at Certain
Intersections..........................................
Section 6-7 Turning Regulated...........................................................................................
Section 6-8 Unlawful Passing.............................................................................................
Section 6-9 Crosswalks and Safety Zones..........................................................................
Section 6-10 Blocking Intersections and Crosswalks.........................................................
Article III - Speed
Limits
Section 6-19 General Speed Limit......................................................................................
Section 6-20 Speed Limits...................................................................................................
Article IV - Parking
Section 6-23 Parking Prohibited; No Traffic Control
Devices Required...........................
Section 6-24 Parking Prohibited on Certain Streets at
Certain Times..............................
Section 6-25 Parking Prohibited for Certain Purposes.....................................................
Section 6-26 Parking Close to Curb; Marked Spaces........................................................
Section 6-27 Angle Parking................................................................................................
Section 6-28 Loading Zones Designated............................................................................
Article V -
Miscellaneous
Section 6-30 Funeral Possessions.......................................................................................
Section 6-31 Special Provisions for Bicycles, Toy
Vehicles, et cetera................................
Article VI - Penalties
and Remedies
Section 6-35 Penalties and Remedies ................................................................................
Article VII - Off-Street
Parking Fund
Section 6-40 Off-Street Parking Fund ...............................................................................
Appendix
A - Street Lists for Traffic and Parking Regulations
Section
6A-1 State Highway System Streets.......................................................................
Section 6A-2 Stoplights.......................................................................................................
Section 6A-3 No Right Turn on Red Intersections..............................................................
Section 6A-4 Flashing Signals............................................................................................
Section 6A-5 Stop Signs......................................................................................................
Section 6A-6 Four Way Stop..............................................................................................
Section 6A-7 One Way Streets............................................................................................
Section 6A-8 Yield Intersections.........................................................................................
Section 6A-9 Turns Prohibited...........................................................................................
Section 6A-10 Crosswalks and Safety Zones......................................................................
Section 6A-11 No-Thru Trucks Designated........................................................................
Section 6A-12 Speed Limits................................................................................................
Section 6A-13 Speed Limits Adjacent to Schools...............................................................
Section 6A-14 Parking Prohibited At All Times.................................................................
Section 6A-15 Parking Prohibited During Certain Hours.................................................
Section
6A-16 Two Hour Parking Allowed........................................................................
(A) Unless otherwise
specifically provided, or unless otherwise clearly required by the context, the
words and phrases defined in this section shall have the meaning indicated when
used in this chapter.
(1) Administrator. The public works director or any other person
designated by the Board to perform the functions assigned by this chapter to
the administrator. Whenever this ordinance
authorizes or requires the administrator to install a traffic control device
controlling parking or regulating the movement of traffic on, to, or from a
state-highway-system street and the installation of such a device is in
practice a function of the State Department of Transportation, the
administrator may discharge his responsibility by requesting the State
Department of Transportation to install such device.
(2) Driver. The operator of a vehicle.
(3) Highway
or street. The
entire width between property or right-of-way lines of every way of place of
whatever nature, when any part thereof is open to the use of the public as a
matter of right for the purposes of vehicular traffic. The terms "highway" or
"street" or a combination of the two terms shall be used
synonymously.
(4) Intersection. The area embraced within the prolongation of
the lateral curb lines or, if none, then the lateral edge of roadway lines of
two or more highways which join one another at any angle whether or not one such
highway crosses the other. Where a
highway includes two roadways thirty feet or more apart, then every crossing of
each roadway of such divided highway by an intersecting highway shall be
regarded as a separate intersection.
(6) Motor
vehicle. Every vehicle that is
self-propelled and every vehicle designed to run upon the highways that is
pulled by a self-propelled vehicle.
(7) Operator. A person in actual physical control of a
vehicle that is in motion or that has the engine running.
(8) Parking
or standing. A vehicle is parked
or is permitted to stand when it is stopped and allowed to remain in a fixed
location for any duration of time, whether attended or unattended. Except where the context clearly indicates
otherwise, the limitations on parking and standing in this chapter apply only
to locations within a street right-of-way.
In no case do these limitations apply when a vehicle is stopped to avoid
conflict with other traffic or in compliance with law or the directions of a
police officer or traffic control device or as the result of an emergency or
because the vehicle is disabled.
(9) Roadway. That portion of a highway improved, designed,
or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more
separate roadways, the term "roadway" as used herein shall refer to
any such roadway separately but not to all such roadways collectively.
(10) Safety
zone. A traffic island or other
space that is officially set aside within a highway for the exclusive use of
pedestrians and that is so plainly marked or indicated by proper signs as to be
plainly visible at all times while set apart as a safety zone.
(12) Street. See "highway".
(13) Traffic
control device. Any sign,
signal, marking or other device placed or erected pursuant to a lawfully
adopted ordinance and designed to regulate, warn, guide or control traffic.
(14) Traffic
control signal. Any device
designed to regulate, guide, or control traffic through the use of alternating
or flashing lights or by some other mechanical means.
(15) Vehicle. Every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway, except devices
moved by human power or used exclusively upon fixed rails or tracks; provided,
that for the purposes of this chapter bicycles shall be deemed vehicles and
every rider of a bicycle upon a highway shall be subject to the provisions of
this chapter applicable to the driver of a vehicle except those which by their
nature can have no application.
(A) The administrator shall
erect or install mechanical stoplights to regulate vehicular and pedestrian
traffic at the intersections and locations set forth in Appendix A, Section
6A-2. The effect of such stoplights on
vehicles and
pedestrians shall be as provided in G.S. 20-158 and 20-172.
(B) The administrator shall
erect signs notifying motorists that no right-turn-on-red is permitted at the
locations designated in Appendix A, Section 6A-3. When such signs are erected, no person may
make a right turn against a red light contrary to such signs.
The administrator shall erect or install mechanical red or yellow
blinking or flashing lights at the locations specified in Appendix A, Section
6A-4. The effect of such blinking or
flashing red or yellow lights on vehicles and pedestrians shall be as provided
in G.S. 20-158 and 20-172.
(A) The second-named street in
the list of intersections set forth in Appendix A, Section 6A-5 is hereby
designated as a main traveled or through street, and the administrator shall
erect stop signs on the first named street at the entrance to the main traveled
or through street. The effect of such
stop signs on vehicles and pedestrians shall be as provided in G.S. 20-158 and
20-172.
(B) The intersections of the
streets set forth in Appendix A, Section 6A-6 are
declared to be four-way stop intersections, and the administrator shall erect
stop signs on each street at the entrance to the intersection. The effect of such a stop sign on vehicles
and pedestrians shall be as provided in G.S. 20-158 and 20-172.
(A) Whenever a street is
designated a one-way street and traffic control devices are installed in
accordance with subsection (B), no person may drive a vehicle on such street
except in the direction indicated by the traffic control devices. [Note:
G.S. 20-165.1 makes it unlawful to drive contrary to a sign erected by the
State Department of Transportation.]
(B) The streets set forth in
Appendix A, Section 6A-7 are hereby designated one-way streets, and the administrator
shall install appropriate traffic control devices at every intersection clearly
indicating the direction of lawful traffic movement.
The second named street in the following list of intersections set
forth in Appendix A, Section 6A-8 is hereby designated as a main traveled or
through street, and the administrator shall erect yield-right-of-way signs on
the first named street at the entrance to the main traveled or through
street. The effect of such
yield-right-of-way signs on vehicles and pedestrians shall be as provided in
G.S. 20-148 and 20-172.
(A) No person may make a
"U" turn upon any street except at the terminus of a dead street.
(B) Whenever, pursuant to
subsection (C), appropriate traffic control devices are installed that clearly
indicate that right or left turns, or all turns are prohibited or required from
a particular lane of traffic, no person may drive any vehicle contrary to the
directions of any traffic control device so installed.
(C) The following restrictions
on turning (as set forth in Appendix A, Section 6A-9) shall henceforth be in
effect at the indicated locations and the administrator shall install
appropriate traffic control devices that clearly and adequately notify drivers
of the turns required or prohibited.
(1)
Turns prohibited at intersections:
Appendix A, subsection 6A-9(A).
(2)
Left turns prohibited: Appendix
A, subsection 6A-9(B).
(3)
Right turns prohibited: Appendix
A, subsection 6A-9(C).
(A) Whenever, pursuant to
subsection (B), appropriate traffic control devices have been installed that
clearly indicate that no passing is allowed on a portion of any street, no
driver of a vehicle may overtake and pass another on any portion of any street
so restricted. [Note: G.S. 20-150(e) makes it unlawful to
pass contrary to signs posted by the State Department of Transportation.]
(B) The administrator may
install appropriate traffic control devices to indicate that no passing is
allowed whenever and wherever he determines that passing would be unsafe on
that portion of a street because:
(1)
The street intersects with another street;
(2)
The slope or grade of the street is such or the street curves to such an
extent that a driver's view is obstructed within a distance of 500 feet;
(3)
Any other conditions exist making passing hazardous.
The board finds that there is a particular danger to pedestrians
crossing the roadway at the locations set forth in Appendix A, Section 6A-10
and the administrator shall establish and maintain crosswalks and safety zones
at these locations by placing marks or lanes upon the surface of the roadway or
by other traffic control devices. The
effect of such crosswalks upon vehicles and pedestrians shall be provided in
G.S. 20-173 and 20-174, and other provisions of law. As provided in G.S. 20-160(b), no driver of a
vehicle may drive through or over a safety zone.
No driver may enter an intersection or marked crosswalk unless there is
sufficient space on the other side of the intersection or crosswalk to accommodate
the vehicle he is operating without obstructing the passage of other vehicles
or pedestrians.
Certain streets may
be designated “no-thru truck” streets and shall be prohibited from usage by
vehicles with greater than two (2) axles unless prior approval has been
obtained from the Police Department.
Vehicles used pursuant to municipal, county, state, or federal
government operations shall be exempt from this section. Furthermore, any vehicle used in conjunction
with construction, farming, home furnishings, moving and storage, to locations
on said “no-thru truck” streets shall be exempt from this section. However, drivers of all vehicles using town
streets shall use caution and are liable for damage. Appropriate signage shall be posted stating
“no-thru truck” designation.
A list of applicable streets designated as “no-thru truck” streets may
be established and amended from time to time by the Board of
Commissioners. A list of “no-thru truck”
streets is set forth in Appendix A, Section 6A-17.
[Adopted August 8, 2006]
Sections 6-12 through 6-18
Reserved.
As provided in G.S. 20-141(b)(1) no person may
drive a vehicle on a street or in a public vehicular area in excess of 35
miles per hour unless a different speed is established by this article.
(A) Whenever a speed limit has
been established and appropriate traffic control
devices have been installed in accordance with subsection (B), no person may
operate a vehicle on any street in excess of the posted speed.
(B) The speed limits set forth
in Appendix A, Section 6A-12 shall be applicable to
the streets named therein, and the administrator shall install appropriate
traffic control devices clearly indicating the established speed limit.
(C) The speed limits set forth
in Appendix A, Section 6A-13 shall be applicable to the streets named therein (which
are in the vicinity of a public or private elementary or secondary school), and
the administrator shall install appropriate traffic control devices clearly
indicating the established speed limit.
(1)
The reduced speed limits set forth in Appendix A, Section 6A-13 shall
not be in effect for more than 500 feet on either side of the school property
line.
(2)
The reduced speed limits set forth in Appendix A, Section 6A-13 shall be
effective only for the period running from thirty minutes before the time
school begins until thirty minutes after school ends its daily schedule.
Sections 6-21 and 6-22 Reserved.
(A) No person may park any vehicle
or permit it to stand in any of the following locations:
(1) As
provided in G.S. 20-162, in front of a private driveway;
(2) As
provided in G.S. 20-162, within 15 feet of either direction of a fire hydrant
(whether or not located in a public right-of-way) or entrance to a fire
station;
(3) As
provided in G.S. 20-162, within 15 feet of the intersection of curb lines, or
if none, then within 15 feet of the intersection of property lines at an
intersection of highways;
(4)
Within an intersection or on a marked crosswalk;
(5)
Within 30 feet of any traffic control signal or device installed at an
intersection, regardless of whether the vehicle is located within or outside of
the public right-of-way;
(6) On
a sidewalk or on the space between the sidewalk and the curb;
(7) In
any portion of a roadway intended to carry traffic at the time such vehicle is
parked or left standing;
(8) On
the roadway side of any vehicle stopped, standing, or parked at the edge of a
curb or street;
(9) Alongside
or opposite any street excavation or obstruction when such parking or standing
would obstruct traffic;
(10)
In any alley or private road in such a manner or under such conditions
as to leave available less than 10 feet of the width of the roadway for the
free movement of vehicular travel or to block the driveway entrance to any
abutting property; and
(11)
In any parking space clearly marked as reserved for the handicapped,
whether on public or private property, unless the driver of or a passenger in
such vehicle is handicapped.
(B) The administrator may
install no-parking signs, yellow curb markings or other traffic control devices
to indicate where parking and standing is prohibited as stated in subsection
(A), but enforcement of the provisions of this section is not dependent on the
installation of such devices.
(A) Whenever, pursuant to
subsection (B), the administrator has installed signs, yellow pavement
markings, or other traffic control devices clearly indicating that parking or
standing within a specified area is prohibited, or is allowed only at certain
times or for a certain duration, no person may park any vehicle or permit it to
stand contrary to the directions of those traffic control devices.
(B) The administrator shall
install no-parking signs, yellow curb markings, or traffic control devices to
indicate that parking and standing is prohibited under the circumstances and at
the locations set forth in Appendix A, Sections 6A-14
through 6A-16.
(C) A change of position of
vehicle from one point directly to another point within the same block or
parking lot shall be deemed a continuous parking period.
No person may park any vehicle or permit it to stand upon any street
for any of the following principal purposes:
(1)
Displaying it for sale, except foreclosure and judicial sales;
(2)
Washing, greasing, changing tires, or repairing such vehicle, except to
the extent necessitated by an emergency;
(3)
Storage thereof by garages, dealers or other persons when such storage
is not incidental to the bona fide use and operation of such vehicle;
(4) Storage
of any detached trailer or van, when the towing unit has been disconnected;
(5)
Transferring merchandise or freight from one vehicle to another.
(A) Except as otherwise provided
in this article, no person may park a vehicle or permit it to stand in a
roadway other than parallel with the edge of the roadway, heading in the
direction of lawful traffic movement, and with the wheels of the vehicle within
twelve inches of the curb or the edge of the roadway.
(B) The administrator may mark
any street where parking is permitted with lines that indicate the parking
space for vehicles, and no person may park any vehicle outside such lines.
(A) Whenever, pursuant to subsection
(B), pavement markings have been installed to indicate that angle parking is
permitted, no person may park or permit a vehicle to stand within an area so
marked unless the vehicle is located entirely within a marked space.
(B) The administrator may mark
for angle parking those areas where parking is permitted under this chapter
that the administrator determines are most appropriate for this form of
parking, taking into account the need to maximize the number of available
parking spaces, consistent with free flow of traffic and the safety of
pedestrians and motorists.
A loading zone designated by yellow lines and a sign stating “Loading
Zone" may be established for the purpose of providing temporary parking
for vehicles engaged in loading or off-loading merchandise or parcels to be
delivered to locations within the general area.
Such zones may be used only for the above stated purposes and then only
for such reasonable amount of time as it takes for the delivery or pick-up to
be made. Violations of this zone shall
be subject to the same fines and penalties as established for illegal
parking. Areas designated for loading
zones shall be set forth in Appendix A, Section 6A-17 of this Ordinance.
[Amended July 27, 1987]
Section 6-29 Reserved.
(A) A funeral procession shall
be identified as such in a manner determined by the chief of police to be adequate
to give notice to the other drivers of the existence of such a procession.
(B) Each driver in a funeral
procession shall drive as near to the right-hand edge of the road as
practicable and shall follow the vehicle ahead as closely as possible consistent
with obedience to traffic control signals and safe driving practices.
(C) No person may drive a
vehicle between the vehicles constituting a funeral procession when such
vehicles are in motion and are conspicuously designated as provided in subsection
(A).
(A) No person upon roller skates
or a skateboard or riding in or by means of any coaster, toy vehicle, or
similar device may go upon any roadway.
Provided, that “in-line skating” shall be allowed on Town streets,
subject to the following requirements:
(1)
All "in-line skaters" shall be required by law to wear wrist
guards and a helmet;
(2)
All "in-line skaters" shall be subject to and governed by all
traffic laws in the Town of
(3)
"In-line skating" shall be prohibited on the U.S. Highway 321
By-Pass;
(4)
"In-line skating" shall be prohibited on all town sidewalks;
and
(5) No
person shall ride or propel "in-line skates" upon a street or highway
except in a prudent and careful manner and unless such a person be capable of
efficient control and such "in-line skates" are operated with
reasonable regard to the safety of the operator and other persons upon the streets
and other public highways of the city. [Amended
May 10, 1995]
(B) No person upon roller skates
or a skateboard or riding a bicycle, coaster, toy vehicle or similar device may
attach himself or such a vehicle or device to any moving vehicle.
(C) No person upon roller skates
or a skateboard or riding a bicycle, coaster, toy vehicle or similar device may
ride or drive upon any sidewalk. [Amended June 23, 1986]
(D) The driver of a motorcycle
or bicycle when upon the street may not carry any other person upon the
handlebars, tank, or any other part of a motorcycle or bicycle not designed for
carrying passengers.
Sections 6-32 through 6-34 Reserved.
(A) Any violation of the
following sections shall constitute a misdemeanor, punishable by a fine of not
more than one hundred dollars ($100.00) or imprisonment for not more than
thirty days, or both: Sections 6-5, 6-7, 6-8, 6-10, 6-19, 6-20, 6-30, and
6-31. [Amended July 13, 1993]
(B) Any violation of Article IV
and the appendices referenced therein shall subject the offender to a civil
penalty of $5.00. If the offender fails
to pay this penalty within ten days after being cited for the violation and
notified of the penalty, the town may seek to collect it in civil action in the
nature of a debt. [Amended July 13, 1993]
Note: The civil penalty stipulated in Section 6-35(B) has been
superseded by the following parking violation fee schedule that was adopted by
the Town Council on November 9, 1999:
|
Parking Violation Fines |
|
|
Type of
Violation |
Fine |
|
Overtime |
$10.00 |
|
Two Spaces |
$10.00 |
|
Wrong Direction |
$10.00 |
|
|
|
|
No Parking |
$25.00 |
|
Parked in Street |
$25.00 |
|
Loading Zone |
$25.00 |
|
Parked on Sidewalk |
$25.00 |
|
Other |
$25.00 |
|
|
|
|
Blocking Street
(impeding traffic flow) |
$50.00 |
|
Fire Hydrant |
$50.00 |
|
Fire Lane |
$50.00 |
|
|
|
|
Handicap Zone |
$100.00 |
The Board of Commissioners may establish a fund into
which payments from individual firms, persons, corporations, or property owners
shall be deposited for the purpose of providing off-street parking facilities,
and from which appropriations shall be made exclusively for the purpose of
organizing, establishing, developing, or enlarging off-street parking
facilities within the town. The Board of Commisioners
may provide in its land use ordinance that all developers must either provide
adequate off-street parking (on site or off site) to serve their developments,
or pay a fee to the town’s off-street parking facilities fund based on the
number of required parking spaces not provided.
This off-street parking fund was explicitly and exclusively authorized
by the NC General Assembly on June 15, 2005 (see Session Law 2005-86, Senate
Bill 442).
[Adopted
August 9, 2005]