CHAPTER 20. TRAFFIC AND MOTOR VEHICLES ARTICLE I. IN GENERAL. Alley shall mean a thoroughfare through the middle of a block.

Transcription

1 Sec Definitions. CHAPTER 20. TRAFFIC AND MOTOR VEHICLES ARTICLE I. IN GENERAL The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley shall mean a thoroughfare through the middle of a block. Authorized emergency vehicle shall mean vehicles of the fire department, police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of police. Bicycle shall mean every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is over twenty (20) inches in diameter. Commercial vehicle shall mean every vehicle designed, maintained or used primarily for the transportation of property. Crosswalk shall mean that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway. A crosswalk includes any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Driver shall mean every person who drives or is in actual physical control of a vehicle. This term shall have the same meaning as operator as used in G.S (25). Highway, controlled-access shall mean every highway, street or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. Highway, through shall mean every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this act. Intersection shall mean the area embraced within the prolongation of the lateral curblines, or, if none, then the lateral edge of the roadway lines of the two (2) highways which join one another Cross references-any ordinance regulating traffic or vehicles at specific locations saved from repeal, 1-107; taxicabs, et seq.; vehicles in the cemetery, 7-111; emergency procedures, Ch. 9; fire protection and prevention, Ch. 10; specific vehicle noises prohibited, ; use of vehicles restricted in parks, ; planning, zoning and subdivision control, Ch. 17; bicycle and motorized vehicles on sidewalks prohibited, ; damage to traffic lights and signs, ; railroad crossings, et seq.; traffic, App. B. State law references-motor vehicles, G.S. Ch. 20; motor vehicles and traffic in municipalities, G.S. 160A-300 et seq.

2 at any angle whether or not one (1) such roadway crosses the other. Where a highway includes two (2) roadways thirty (30) 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. If such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. Motorcycle shall mean every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including motor scooters and motor-driven bicycles, but excluding tractors, utility vehicles equipped with an additional form of device designed to transport property, three-wheeled vehicles while being used by law enforcement agencies and mopeds, as defined in G.S (27)(d1) and Motor vehicle shall mean every vehicle which is self-propelled and every vehicle designed to run upon the highways, which is pulled by a self-propelled vehicle. This shall not include mopeds as defined in G.S. section This definition shall not apply to article XII, Abandoned, Nuisance and Junked Motor Vehicles, of this chapter. Official traffic-control devices shall mean all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Park when prohibited shall mean the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Pedestrian shall mean any person afoot. Police officer shall mean every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Private road or driveway shall mean every road or driveway not open to the use of the public as a matter of right for the purpose of vehicular traffic. Railroad shall mean a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. Railroad train shall mean a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. Right-of-way shall mean the privilege of the immediate use of the roadway. Roadway shall mean that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two (2) or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. Roadway, laned shall mean a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. Page 2 of 48

3 Sidewalk shall mean that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Stop, when required shall mean complete cessation of movement. Stop, stopping or standing, when prohibited shall mean any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. Street or highway shall mean the entire width between the boundary lines of every way publicly maintained roadway when any part thereof is open to the use of the public for purposes of vehicular travel. Streetcar shall mean a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality. Traffic shall mean pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street for purposes of travel. Traffic-control signal shall mean any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. Traffic division shall mean the traffic division of the police department of this town, or in the event a traffic division is not established, then the term whenever used in this chapter shall be deemed to refer to the police department of this town. Vehicle shall mean 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. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement, is suitable for use both inside and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the device is being operated by a person with a mobility impairment, or who uses the device for mobility enhancement. This term shall not include an electric personal assistive mobility device as defined in G.S (7a). Zone, curb loading shall mean a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Zone, freight curb loading shall mean a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers. Zone, passenger curb loading shall mean a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. Page 3 of 48

4 Zone, safety shall mean the traffic island or other space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (Code 1976, , ) Cross reference-definitions and rules of construction generally, 1-1,02. State law reference- definitions, G.S Secs Reserved. Page 4 of 48

5 Sec Traffic division established. ARTICLE II. ADMINISTRATION There is hereby established in the police department a traffic division to be under the control of a police officer appointed by and directly responsible to the chief of police. (Code 1976, 7.16) Cross reference-police, Ch. 18. Sec Duty of traffic division. It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations and all of the state vehicle laws applicable to street traffic, to make arrests for traffic violations, to investigate accidents and to cooperate with the city traffic engineer and other officers in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the division by this chapter. (Code 1976, 7.17) Sec Records of traffic violations. (a) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances or of the state vehicle laws of which any person has been charged. Such record shall be so maintained as to show all types of violations and the total of each. The record shall be kept in accordance with the Municipal Record Retention and Disposition Schedule published by the North Carolina Department of Cultural Resources. (b) All such records and reports shall be public records. (Code 1976, 7.18) Sec Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other police officers of the department to investigate traffic accidents, to attest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. (Code 1976, 7.19) Sec Traffic accident studies. Whenever the accidents at any particular location become numerous, the traffic division, in conjunction with other appropriate town staff, shall conduct studies of such accidents and determine remedial measures. (Code 1976, 7.20) Cross reference-administration, Ch. 2. Page 5 of 48

6 Sec Traffic accident reports. The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. (Code 1976, 7.21) Sec Drivers files to be maintained. (a) The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned. (b) Such records shall be kept a minimum of five (5) years and in accordance with the Municipal Record Retention and Disposition Schedule published by the North Carolina Department of Cultural Resources. (Code 1976, 7.22) Sec Traffic division to submit annual traffic-safety report. The traffic division shall annually prepare a traffic report which shall be filed with the manager. Sec Traffic division to designate method of identifying funeral processions. Repealed. State law reference-funeral processions, G.S Secs Reserved. Page 6 of 48

7 ARTICLE III. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS Sec Authority of police and fire department officials. (a) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws and all of the state vehicle laws applicable to street traffic. (b) Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (c) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic there or in the immediate vicinity. (Code 1976, 7.27) Cross references-fire department, et seq.; police department, et seq. State law reference-firemen as traffic officers, G.S. 20-1l4.1(b). Sec Obedience to police and fire department officials. No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. (Code 1976, 7.28) Sec Persons propelling push carts or riding animals to obey traffic regulations. Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application. (Code 1976, 7.29) Cross reference-animals, Ch. 4. State law reference-similar provisions, G.S Sec Use of coasters, roller skates, and similar devices restricted. No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance. (Code 1976, 7.30) Page 7 of 48

8 Sec Public employees to obey traffic regulations. In accordance with G.S , the provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the federal government, this state, county or town, and it shall be unlawful for any driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by state statute. (Code 1976, 7.31) Cross reference-officers and employees, et seq. Sec Authorized emergency vehicles. (a) The driver of an emergency vehicle as defined in G.S and , when responding to an emergency call or when in the pursuit of an actual suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the prima facie speed limits so long as he/she does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) As provided in G.S (b), the driver of a vehicle upon the highway shall yield the right-of-way to police and fire department vehicles and public and private ambulances, vehicles used by an organ procurement organization or agency for the recovery or transportation of human tissues and organs for transplantation or a vehicle operated by a transplant coordinator who is an employee of an organ procurement organization or agency when the transplant coordinator is responding to a call to recover or transport human tissues or organs for transplantation, and to rescue squad emergency service vehicles and vehicles operated by county fire marshals and civil preparedness coordinators when the operators of said vehicles are giving a warning signal by appropriate light and by bell, siren or exhaust whistle audible under normal conditions from a distance not less than 1,000 feet. When appropriate warning signals are being given, as provided in this subsection, an emergency vehicle may proceed through an intersection or other place when the emergency vehicle is facing a stop sign, a yield sign, or a traffic light which is emitting a flashing strobe signal or a beam of steady or flashing red light. (d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his/her reckless disregard for the safety of others. (Code 1976, 7.32) Page 8 of 48

9 Cross references-fire department, et seq.; police department, et seq. State law references-local control of speed limits, G.S ; when speed limit not applicable, G.S ; right-of-way exception, G.S (b). Secs Reserved. Page 9 of 48

10 ARTICLE IV. TRAFFIC-CONTROL DEVICES Sec Authority to install traffic-control devices. The town shall place and maintain traffic-control signs, signals and devices when and as required under the traffic chapter and ordinances to make effective the provisions of such ordinances, and may place and maintain such additional traffic-control devices to regulate traffic under the traffic ordinances of this town or under State law or to guide or warn traffic. (Code 1976, 7.34) Sec Specifications for traffic-control devices. All traffic-control signs, signals and devices shall conform to state regulations. All signs and signals required under this chapter for a particular purpose shall so far as practicable be uniform as to type and location. All traffic-control devices so erected and not inconsistent with the provisions of state law or this chapter shall be official traffic-control devices. (Code 1976, 7.35) Sec Obedience to official traffic-control devices. The driver of any vehicle and the motorman of any streetcar shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with this chapter and State law, unless otherwise directed by a police officer or other authorized emergency personnel, subject to the exceptions granted the driver of an authorized emergency vehicle by section (c) and G.S (Code 1976, 7.36) Sec When traffic devices required for enforcement purposes. No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. (Code 1976, 7.37) Sec Display of unauthorized signs, signals or markings. (a) No person shall place, maintain or display upon or in view of any highway or other public street any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. (b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. State law references-authority for traffic-control devices, traffic-control legend, G.S and ; pedestrian-control signals, G.S Page 10 of 48

11 (c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. (Code 1976, 7.41) Sec Interference with official traffic-control devices or railroad signs or signals. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. (Code 1976, 7.42) Sec Authority to establish play streets. (a) The council shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. (b) Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any such driver shall exercise the greatest care in driving upon any such street or portion thereof. (Code 1976, 7.43) State law reference-control over streets, G.S. 160A-296. Sec Traffic lanes. As provided in G.S , and , where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. (Code 1976, 7.44) Secs Reserved. Page 11 of 48

12 Sec Generally. ARTICLE V: SPEED REGULATIONS * (a) Except as otherwise provided in this article, it shall be unlawful to operate a vehicle in excess of thirty-five (35) miles per hour inside the corporate limits of the town. (b) A violation of the speed limits established in this article shall be punishable as provided in G.S and other applicable State law and is not subject to civil penalties pursuant to this code. (Code 1976, 7.45) Sec Exceptions. (a) It shall be unlawful to operate a vehicle in excess of the speeds listed below upon the streets or portions of streets of the state highway system listed in each designated appendix hereby made a part hereof: (1) Twenty (20) miles per hour (Appendix B, section 214); (2) Twenty-five (25) miles per hour (Appendix B, section 215); (3) Thirty (30) miles per hour (Appendix B, section 216); (4) Forty (40) miles per hour (Appendix B, section 217); (5) Forty-five (45) miles per hour (Appendix B, section 218); (6) Fifty (50) miles per hour (Appendix B, section 219); (7) Fifty-five (55) miles per hour (Appendix B, section 220). Any change to speed limits on streets that are part of the State highway system shall be made in accordance with G.S (f). (b) It shall be unlawful to operate a vehicle in excess of the speeds listed below upon the streets or portions of streets, not a part of the state highway system, listed in each designated appendix, hereby made a part hereof: (1) Twenty (20) miles per hour (Appendix B, section 221); (2) Twenty-five (25) miles per hour (Appendix B, section 222); (3) Thirty (30) miles per hour (Appendix B, section 223); * State law reference-local control of traffic and speed limits, G.S (e), and 160A-300. Page 12 of 48

13 (4) Forty (40) miles per hour (Appendix B, section 224); (5) Forty-five (45) miles per hour (Appendix B, section 225); (6) Fifty (50) miles per hour (Appendix B, section 226); (7) Fifty-five (55) miles per hour (Appendix E, section 227). (Code 1976, 7.46; Ord. No , ; Ord. No , ) Cross reference-power of local authority to set higher or lower speed limits, G.S (e). Secs Reserved. Page 13 of 48

14 Sec Turning markers. ARTICLE VI. TURNING When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. (Code 1976, 7.48) Sec Authority to place restricted turn signs. The council shall determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. Restrictions on turning movements shall be as specified in Appendix B, sections 210 through 213, hereby incorporated herein. (Code 1976, 7.49) State law reference-turning at intersections and power of local authorities and department of transportation, G.S (c). Sec Obedience to no-turn signs. Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (Code 1976, 7.50) Sec Limitations on turning around. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic. (Code 1976, 7.51) Secs Reserved. State law reference-turning at intersections and power of local authorities and department of transportation, G.S (c); control of traffic, G.S. 160A-300. Page 14 of 48

15 ARTICLE VII. ONE-WAY STREETS AND ALLEYS * Sec Authority to place signs on one-way streets and alleys. Whenever any ordinance designates any one-way street or alley there shall be signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (Code 1976, 7.52) Sec One-way streets and alleys. Upon those streets and parts of streets and in those alleys described in Appendix B, section 209, hereby made a part hereof, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. (Code 1976, 7.53) Secs Reserved. * State law reference-traffic control, G.S. 160A-300. Page 15 of 48

16 Sec Following fire apparatus. ARTICLE VIII. DRIVING RULES It shall be unlawful to follow any fire apparatus which is responding to a call, by auto mobile or any other vehicle, unless such is used for transporting firemen to the scene of fire, at a distance closer than one (1) city block, or to pass such apparatus or to park within the same block in which fire is in progress. A violation of this section shall be a violation of G.S and is not subject to civil penalties pursuant to this code. (Code 1976, 7.62) Cross reference-fire protection and prevention, Ch. 10, especially Sec Crossing fire hose. It shall be unlawful for any person to drive over or in any way damage or mutilate any fire hose while in use at a fire or otherwise. (Code 1976, 7.63) Cross reference-fire protection and prevention, Ch. 10, especially State law reference-driving over fire hose, G.B (d). Sec Driving through funeral or other procession. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers. (Code 1976, 7.64) State law reference-funeral processions, G.S Sec Drivers in a procession. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. (Code 1976, 7.65) State law reference-funeral processions, G.S Sec Funeral processions to be identified. A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division. (Code 1976, 7.66) Page 16 of 48

17 State law reference-funeral processions, G.S Sec Vehicles shall not be driven on a sidewalk. Pursuant to G.S (b), the driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway. Violation of this section shall be a violation of G.S (b) and is not subject to civil penalties pursuant to this code. (Code 1976, 7.67) Cross reference-streets, sidewalks and other public places, Ch. 19. Sec Limitations on backing. The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic. (Code 1976, 7.68) Sec Riding on motorcycles. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator. A violation of this section shall be a violation of G.S and is not subject to civil penalties pursuant to this code. (Code 1976, 7.69) State law reference-special provisions for motorcycles, G.S Sec Clinging to vehicles. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any streetcar or vehicle upon a roadway. (Code 1976, 7.70) Sec Controlled access. Pursuant to G.S , no person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. Violation of this section shall be a violation of G.S and is not be subject to the civil penalties pursuant to this code. (Code 1976, 7.71) Secs Reserved. Page 17 of 48

18 ARTICLE IX. PEDESTRIANS Sec Pedestrians subject to traffic-control signals. Pedestrians shall be subject to traffic-control signals, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this article and as provided in G.S. Chpt. 20., Art. 3, Part 11, Pedestrians Rights and Duties. (Code 1976, 7.73) State law reference-pedestrians subject to traffic-control signals, G.S Sec Right-of-way in crosswalk. (a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, which is so close that it is impossible for the driver to yield. A pedestrian's right-of-way in a crosswalk is modified under the provisions of section (b). (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked cross-walk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (Code 1976, 7.74) State law reference-pedestrians right-of-way at crosswalks, G.S (b). Sec Pedestrians to use right half of crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (Code 1976, 7.75) Sec Crossing at right angles. No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk. (Code 1976, 7.76) Sec When pedestrian shall yield (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. Page 18 of 48

19 (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (c) The foregoing rules in this section have no application under the conditions stated in section when pedestrians are prohibited from crossing at certain designated places. (Code 1976, 7.77) State law reference-similar provisions, G.S (a), (b). Sec Prohibited crossing. (a) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk. (b) No pedestrian shall cross a roadway other than in a crosswalk in any business district. (Code 1976, 7.78) State law reference-crossing at other than crosswalks, G.B (c). Sec Walking along roadways. (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. Such pedestrians shall yield the right-of-way to approaching traffic. (Code 1976, 7.79) Sec Pedestrians soliciting rides or business. No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle. (Code 1976, 7.80) State law reference-pedestrians soliciting rides or employment, G.B Sec Drivers to exercise due care. Notwithstanding the foregoing provisions of this article, every driver of a vehicle shall: (1) Exercise due care to avoid colliding with any pedestrian upon any roadway; (2) Give warning by sounding the horn when necessary; Page 19 of 48

20 (3) Exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (Code 1976, 7.81) Secs Reserved. Page 20 of 48

21 Sec Effect of regulations. ARTICLE X. BICYCLES * (a) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article. (b) These regulations shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated in this article. (Code 1976, 7.82) Sec Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles or by this chapter applicable to the driver of a vehicle, except as to special regulations in this article and except as to those provisions of laws and ordinances which by their nature can have no application. (Code 1976, 7.83) Sec Obedience to traffic-control devices. (a) Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. (b) Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. (Code 1976, 7.84) Sec Riding on bicycles. (a) A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. (b) No bicycle shall be used to carry more persons at one (1) time than the number for which it is designed and equipped. (Code 1976, 7.85) Sec Riding on roadways and bicycle paths. * State law reference-bicycles treated as vehicles, G.S (49). Page 21 of 48

22 (a) Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders shall use such path and shall not use the roadway. (Code 1976, 7.86) Sec Speed. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Code 1976, 7.87) Sec Emerging from alley or driveway. The operator of a bicycle emerging from an alley, driveway or building, shall upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. (Code 1976, 7.88) Sec Clinging to vehicles. No person riding upon any bicycle shall attach the same or himself to any streetcar or vehicle upon a roadway. (Code 1976, 7.89) Sec Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one (1) hand upon the handlebars. (Code 1976, 7.90) Sec Parking. No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic. (Code 1976, 7.91) Sec Reserved. Page 22 of 48

23 Editor's note-ord. No , adopted Dec. 11, 2006, deleted , which pertained to bicycles, skateboards, roller blades prohibited and derived from Code 1976, 7.92; and Ord. No , adopted Oct. 7, Sec Lamps and other equipment on bicycles. (a) Pursuant to G.S (e), every bicycle shall be equipped with a lighted lamp on the front thereof, visible under normal atmospheric conditions from a distance of at least 300 feet in front of such bicycle, and shall also be equipped with a reflex mirror or lamp on the rear, exhibiting a red light visible under like conditions from a distance of at least 200 feet to the rear of such bicycle, when used at night. Violation of this section shall be a violation of G.S (e) and is not subject to civil penalties pursuant to this code. (b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred (100) feet, except that a bicycle shall not be equipped with nor shall any persons use upon a bicycle any siren or whistle. (c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (Code 1976, 7.93) Secs Reserved. Page 23 of 48

24 ARTICLE XI. PARKING, STOPPING OR STANDING DIVISION 1. GENERALLY Sec Standing or parking close to curb. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as otherwise provided in this article. (Code 1976, 7.94) Sec Signs or markings indicating angle parking. (a) The council shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets, which are specified in Appendix B, section 207, hereby made a part hereof. Parking is prohibited at all times in the places designated above when signs are placed, erected or installed giving notice thereof or when the curb has been painted yellow in lieu of such signs. (b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street or upon any streetcar tracks. (Code 1976, 7.95) Sec Obedience to angle parking signs or markings. Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. (Code 1976, 7.96) Sec Lights on parked vehicles. (a) Whenever a vehicle is lawfully parked at nighttime upon any street within a business or residence district no lights need be displayed upon such parked vehicle. (b) Pursuant to G.S and , whenever a vehicle is parked upon a street or highway outside of a business or residence during the hours between one-half hour after sunset and one-half hour before sunrise, such vehicle shall be equipped with one (1) or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hundred (500) feet to the front of the vehicle and a red light visible from a distance of five hundred (500) feet to the rear. Violation of this section shall be a violation of G.S and/or and is not subject to civil penalties pursuant to this code. State law references-violations of local parking ordinances, G.S. 14-4(b); powers of municipalities in regard to parking, G.B. 160A-301, 160A-302. Page 24 of 48

25 (c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. (Code 1976, 7.97) Secs Reserved. Page 25 of 48

26 Sec Restricted parking. DIVISION 2. PROHIBITED IN SPECIFIED PLACES The council, upon recommendation of the chief of police, may from time to time specify places in town to be placarded as no parking zones. Upon such designation by council, the area or zone will be clearly shown on a map, kept specifically for the purpose of showing all no parking zones and areas within the town; a copy of which shall be kept at town hall and the police department. And upon such designation, the director of public works will provide such signs, markings, or both, as necessary to indicate to the public that parking is not allowed in the area so designated. (a) Prohibited in specified places. In addition to those places so designated by council as no parking zones, each of the places listed below is declared a no parking zone, irrespective of signs, markings, or both being posted, erected, or installed, unless otherwise indicated: (1) In front of a private driveway; (2) In any portion of a roadway intended to carry traffic at the time such vehicle is parked or left standing; (3) Upon any bridge, overpass, or other elevated structure or within any tunnel or other underpass structure; (4) Vehicles shall not protrude into a street more than eight (8) feet from the curb or edge of the roadway; (5) Vehicle shall not protrude beyond the lines of a designated parking place; (6) Parking so as to obstruct a sidewalk or crosswalk; (7) Double parking; (8) Park and remain overnight on any city street in accordance with Section (a1) Prohibited in certain places pursuant to State statute. Pursuant to G.S , no person shall park a vehicle or permit it to stand in the following places: (1) Upon a highway in front of a private driveway; (2) Within fifteen (15) feet in either direction of a fire hydrant; (3) Within fifteen (15) feet in either direction of the entrance to a fire station; (4) Within twenty-five (25) feet of the intersection of curb lines or if none, then within fifteen (15) feet of the intersection of property lines at an intersection of highways; Page 26 of 48

27 (5) In any area designated as a fire lane, provided, however, that persons loading or unloading supplies or merchandise may park temporarily in a fire land located in a shopping center or mall parking lot as long as the vehicle is not left unattended. Violation of this subsection shall be a violation of G.S and is not subject to civil penalties pursuant to this code. Cross reference-emergency towing, Section State law reference-parking in front of private driveways, fire lanes, etc., G.S (b) Unlawful moving of vehicle. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (c) Penalty for violation. If any person shall violate an ordinance (or any section thereof), of this town regulation, he/she shall be responsible for an infraction and shall be required to pay a penalty of ten dollars ($10.00) to the Town of Maiden within ten (10) days from the time the ticket was written. After ten (10) days, the ticket will be considered past due. Each ticket is a separate offense. At any given time after the ticket is past due, Town Council may choose to have the town attorney pursue litigation. Payment may be delivered in person to town hall, dropped in the designated drop box at town hall, or mailed to: Town of Maiden Town Hall 19 N. Main Avenue Maiden, NC (d) Enforcement generally. Each police employee charged with the duty of enforcing this article shall note any vehicle which is illegally parked, the vehicle tag number, the specified violations charged and the time during which such vehicle is parking in violation. He/she shall attach to the vehicle a notice to the owner thereof that such vehicle has been parked in violation of a provision of this ordinance and instructions to such owner when and where to report with reference to such violations. Each owner may, within ten (10) days of the time when such notice was attached to such vehicle, pay to the properly designated official as a penalty for and in full satisfaction of such violation, the sum of ten dollars ($10.00) for each violation. If the same is not paid within ten (10) days after the time such notice was attached to such vehicle, the penalty for the violation shall be an infraction, and each violation shall require the payment of a penalty plus court costs as applicable and as prescribed by the General Statutes. (e) Failure to comply with notice attached to vehicle. If a violator of the restrictions on parking under the laws or ordinances of this town does not appear in response to a notice affixed to such motor vehicle within a period of ten (10) days, the police department shall send to the owner(s) of the motor vehicle(s) to which the notice(s) were affixed, or shall call him/her by telephone, informing him/her of the violation and warning him/her that in the event such a letter or telephone call is disregarded, action will be taken. Page 27 of 48

28 (Code 1976, 7.98; Ord. No , ; Ord. No , ; Ord. No , ) Sec Parking not to obstruct traffic. No person shall park any vehicle upon a street, other than an alley, in such manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic. (Code 1976, 7.99) Sec Parking in alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley, in such position as to block the driveway entrance to any abutting property. (Code 1976, 7.100) Sec All night parking prohibited. No person shall park a vehicle between the hours of 1:00 a.m. and 6:00 a.m. of any day, on the streets specified in Appendix B, section 202, hereby made a part hereof. (Code 1976, 7.101) Sec Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: (1) Displaying such vehicle for sale. (2) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. (Code 1976, 7.102) Sec Parking adjacent to schools. When official signs are erected indicating no parking upon either side of a street adjacent to any school properly as authorized in this article, no person shall park a vehicle in any such designated place. (Code 1976, 7.103) Sec Standing or parking on one-way roadways. If a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. (Code 1976, 7.104) Page 28 of 48