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(a) The registered owner, or person entitled to possession, of any vehicle which has been immobilized or impounded pursuant to this section may submit a request for a hearing to the city manager by certified mail within seven calendar days from the date the notice of immobilization is affixed, as set forth in section 19-213 hereinabove, or the date of receipt of the notice of towing, as provided for in section 19-214 hereinabove, whichever is applicable. If a request for a hearing is not made within the allocated time, the right to a hearing shall have been waived.
(b) If a hearing is requested, the city manager, or his/her designee, shall send a statement to such person to inform him/her of the time and place for the hearing, of the basis for the vehicle's immobilization and/or impoundment, of the opportunity to present evidence as to why such vehicle should not have been immobilized, towed, and/or impounded, and of the right to have counsel present at the hearing. The hearing shall be held within five work days of the city's receipt of a request for a hearing, unless a longer time period is requested by the person asking for the hearing.
(c) The city manager, or his/her designee, shall serve as the hearing officer, shall conduct a hearing and shall prepare a written report within three work days of the hearing stating his/her conclusion as to whether the vehicle was properly immobilized, towed, and/or impounded, pursuant to this division, and the reasons and evidence underlying his/her conclusion. If it is concluded that the vehicle should not have been immobilized, towed, and/or impounded, then any improper charge(s) shall be cancelled, or if paid, rebated.
(Ord. No. 2249, § 1, 11-14-95)
(a) It shall be unlawful for any person, firm, or corporation to remove from a wheel a wheel lock placed thereon pursuant to this division or to remove from impoundment any vehicle placed therein pursuant to this division without all civil penalties and applicable charges having first been paid.
(b) It shall be unlawful for any person, firm or corporation to damage or destroy a wheel lock placed on a vehicle pursuant to this division.
(Ord. No. 2249, § 1, 11-14-95)
ARTICLE VI. PEDESTRIANS
Pedestrians shall be subject to traffic control signals at intersections, as declared in this chapter, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions as stated in this article.
(Code 1965, § 28-135)
State law reference(s)—Similar provisions, G.S. 20-172.
The traffic engineer is hereby authorized to designate and shall maintain or cause to be maintained, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in his opinion, there is particular danger to pedestrians crossing the roadway and at such other places as he may deem necessary. The traffic engineer is also authorized to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.
(Code 1965, § 28-136)
(a) Where traffic control signals are not in place or 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 any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this article.
(b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk 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.
(c) Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-137; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Similar provisions, G.S. 20-173.
(a) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(b) Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-138; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Similar provisions, G.S. 20-174(c).
(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.
(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) Violation of this section shall be an infraction and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 28-140; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Crossing at other than crosswalks, G.S. 20-174(a), (b).
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