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Asheville, NC Code of Ordinances
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Sec. 19-112. Decreasing speed under certain conditions.
The fact that the speed of a vehicle is lower than the limits prescribed in this article shall not relieve the driver from the duty to decrease speed:
(1)   When approaching or crossing an intersection;
(2)   When approaching and going around a curve;
(3)   When approaching a hillcrest;
(4)   When traveling upon a narrow or winding roadway;
(5)   When a special hazard exists with respect to pedestrians or other traffic or because of weather or street conditions;
(6)   As may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the street; and
(7)   To avoid causing injury to any person or property, either on or off the street;
in compliance with legal requirements and the duty of all persons to use due care.
(Code 1965, § 28-79)
State law reference(s)—Speed restrictions and authority of city relative thereto, G.S. 20-141.
Sec. 19-113. Inapplicability of speed limits.
(a)   The speed limitations set forth in this article shall not apply to the following:
(1)   Vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators or suspected violators of the law;
(2)   Fire department or fire patrol vehicles when traveling in response to a fire alarm;
(3)   Public or private ambulances when traveling in emergencies; or
(4)   Vehicles operated by duly authorized officers, agents or employees of the state utilities commission when traveling in performance of their duties in regulating and checking traffic and speed.
(b)   This section shall not relieve the driver of any such vehicle from the duty to drive with due regard for the safety of all persons using the street nor shall it protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
(Code 1965, § 28-80)
State law reference(s)—Similar provisions, G.S. 20-145.
Secs. 19-114—19-135. Reserved.
ARTICLE V. STOPPING, STANDING AND PARKING
DIVISION 1. GENERALLY
Sec. 19-136. Unattended motor vehicles.
(a)   No person driving or in charge of a motor vehicle shall permit it to stand unattended on a public street or highway or public vehicular area without first stopping the engine, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
(b)   Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-91; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Unattended motor vehicles, G.S. 20-163.
Sec. 19-137. Parking prohibitions at certain locations.
(a)   It shall be unlawful for the driver of a vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or with the direction of a police officer or traffic signal:
(1)   Within an intersection;
(2)   On a crosswalk;
(3)   Between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless otherwise indicated by signs or marks;
(4)   Within 25 feet of the driveway or entrance to any fire station;
(5)   Within 15 feet of any fire hydrant;
(6)   In front of any private driveway;
(7)   In a designated bicycle lane that is identified with pavement markings and/or signs.
(8)   On any sidewalk;
(9)   On any curb;
(10)   On any median strip;
(11)   On any landscaped or planted area within the right-of-way of any street, highway or roadway;
(12)   Alongside of or opposite any street excavation or obstruction, when such stopping or parking shall obstruct traffic;
(13)   On the roadway side of any vehicle stopped or parked at the edge of a street, highway or roadway, except in such instances as double parking may be allowed by the regulations of this chapter;
(14)   At any place where official traffic signs have been erected prohibiting standing or parking.
(b)   No person shall park a vehicle or permit it to stand, whether attended or unattended, upon any public vehicular area, street, highway or roadway in any area designated as a fire lane. This subsection includes designated fire lanes in shopping center or mall parking lots and all other public vehicular areas. However, persons loading or unloading supplies or merchandise may park temporarily in a fire lane located in a shopping center or mall parking lot as long as the vehicle is not left unattended. The prima facie rule of evidence created by G.S. 20-162.1 is applicable to prosecutions for violation of this section. The owner of a vehicle parked in violation of this subsection shall be deemed to have appointed any state, county or municipal law enforcement officer as his agent for the purpose of arranging for the transportation and safe storage of such vehicle. No law enforcement officer removing such a vehicle shall be held criminally or civilly liable in any way for any acts or omissions arising out of or caused by carrying out or enforcing any provisions of this subsection, unless the conduct of the officer amounts to wanton misconduct or intentional wrongdoing.
(c)   Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, §§ 28-95, 28-105; Ord. No. 2024, § 1(a), 4-27-93; Ord. No. 4576, §§ 2, 3, 4-25-17; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Similar provisions, G.S. 20-162.
Sec. 19-138. Passenger zones, loading zones and tow-away zones.
(a)   The city manager shall have the authority from time to time to determine, designate and locate passenger zones, loading zones and tow-away zones on the highways, streets and roadways within the city, and he shall direct and maintain or cause to be maintained appropriate signs indicating the zones.
(b)   It shall be unlawful for the driver of any vehicle to stop, stand or park such vehicle for any period of time longer than is necessary for the expeditious loading or unloading of passengers or freight in any place marked as a passenger zone, and it shall also be unlawful for the driver of any vehicle to stop, stand or park such vehicle for a period of time longer than is necessary for the expeditious loading or unloading of passengers or material in any place marked as a loading zone. In no case shall a stop for loading and unloading of materials exceed the space of 30 minutes, unless specially permitted by a permit issued by the traffic engineer.
(c)   Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-96; Ord. No. 4910, § 2, 11-9-21)
Sec. 19-139. Bus stops and taxicab stands.
(a)   The traffic engineer is hereby authorized to require and establish bus stops on such public streets, highways and roadways in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public. The traffic engineer is further authorized to establish taxicab stands in accord with section 18-37. Every such bus stop and taxicab stand shall be designated by appropriate sign.
(b)   It shall be unlawful for the driver of any vehicle, other than a bus, to stand or park in an officially designated bus stop or for any vehicle, other than a taxicab, to stand or park in an officially designated taxicab stand.
(c)   It shall be unlawful for the driver of any bus or taxicab to stand or park upon any highway, street or roadway in the business district in any place other than at an officially designated bus stop or taxicab stand, except that this shall not prevent the driver of any such vehicle from temporarily stopping, in accordance with other stopping or parking regulations, at any place for the purpose of and while actually engaged in loading or unloading passengers.
(d)   Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-97; Ord. No. 4910, § 2, 11-9-21)
Sec. 19-140. Clearance for other traffic.
(a)   It shall be unlawful for the driver of any vehicle to stop, stand or park such vehicle upon any street, highway, roadway or alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic, except that a driver may stop temporarily for the purpose of actually loading or unloading passengers or when necessary in obedience to traffic regulations or a traffic signal or upon direction of a traffic officer.
(b)   Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-98; Ord. No. 4910, § 2, 11-9-21)
Sec. 19-141. Stop intersections.
(a)   The traffic engineer is hereby authorized to erect stop signs at the entrances of intersections designated by him, which signs shall be located so as to indicate which vehicles approaching the intersection are required to stop. The driver of a vehicle approaching such a sign shall stop at the entrance to the intersection and shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so closely as to constitute an immediate hazard, but such driver, having so yielded, may proceed and the drivers of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding into or across the intersection.
(b)   Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-99; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Authority of city to designate stop intersections, G.S. 20-158.
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