*Charter References— Motor vehicle regulation, § 10.1 et seq.
State Law References— Motor vehicles, G. S. ch. 20; powers of local authorities, G.S. 20-169.
Article I. General
Sec. 28-1. Preamble.
Sec. 28-2. Appeal.
Sec. 28-3. Definitions.
Sec. 28-4. Exemptions.
Sec. 28-5. Liabilities.
Sec. 28-6. Penalties.
Sec. 28-7. Towing and impoundment.
Sec. 28-8. Schedule of penalties.
Sec. 28-9. Transition of compliance with Chapter 28 for internal combustion engine (I.C.E.) vehicles.
Secs. 28-10—28-29. Reserved.
Article II. Operation of Vehicles
Division 1. General Rules of the Road
Sec. 28-30. Helmet requirements and restraining seat use requirements.
Sec. 28-31. Improper equipment.
Sec. 28-32. Open container of alcoholic beverage.
Sec. 28-33. Parking.
Sec. 28-34. Passing.
Sec. 28-35. Prohibited modes of transportation.
Sec. 28-36. Reckless driving.
Sec. 28-37. Speed limit.
Sec. 28-38. Stop signs.
Sec. 28-39. Streets with vehicle restrictions.
Sec. 28-40. Unlicensed drivers.
Sec. 28-41. Vehicles on beaches.
Secs. 28-42—28-49. Reserved.
Division 2. Personal-Use Electric Vehicles
Sec. 28-50. Purpose.
Sec. 28-51. Mandatory registration of personal-use electric vehicles.
Sec. 28-52. Registration requirements.
Sec. 28-53. Personal-use electric vehicle equipment and specifications.
Sec. 28-54. Issuance of registration.
Secs. 28-55—28-69. Reserved.
Division 3. Commercial-Use Vehicles
Sec. 28-70. Purpose.
Sec. 28-71. Mandatory permits for commercial-use vehicles.
Sec. 28-72. Permit requirements for electric commercial-use vehicles.
Sec. 28-73. Electric commercial-use vehicle equipment and specifications.
Sec. 28-74. Permit requirements for internal combustion engine (I.C.E.) vehicles.
Sec. 28-75. Special use permit for internal combustion engine (I.C.E.) vehicles.
Sec. 28-76. Time of operation.
Sec. 28-77. Parking of commercial-use vehicles.
Secs. 28-78—28-89. Reserved.
Division 4. Trailers
Sec. 28-90. Purpose.
Sec. 28-91. Classes of trailers.
Sec. 28-92. Permit requirements.
Sec. 28-93. Mandatory permits for commercial-use trailers.
Sec. 28-94. Special use permit.
Sec. 28-95. Time of operation.
Sec. 28-96. Parking of commercial trailers.
Secs. 28-97—28-109. Reserved.
Division 5. Taxicabs and Taxicab Drivers
Sec. 28-110. General.
Sec. 28-111. Written approval of taxicabs required.
Sec. 28-112. Taxicab driver’s license required.
Secs. 28-113—28-129. Reserved.
Article III. Harbour Village Parking District
Sec. 28-130. Establishment.
Sec. 28-131. General provisions.
Sec. 28-132. Administration.
Sec. 28-133. Enforcement and penalties.
Sec. 28-134. Exemptions.
Sec. 28-135. Miscellaneous provisions.
Secs. 28-136—28-149. Reserved.
Bald Head Island is an environmentally focused community living in harmony with nature. Safety for all who inhabit and visit is paramount. It is a privilege to operate a vehicle on Bald Head Island, and all vehicles must be registered or permitted. All users must share the roadways and pedestrians and cyclists must be granted the right-of-way. All users are encouraged to use care, to show courtesy, and to exercise common sense.
This Chapter 28 of the Village Ordinances governing traffic and vehicles has been amended to align with the spirit and intent of that Village Council Resolution 2018-0601 passed on June 27, 2018, captioned “Village of Bald Head Island Resolution Expressing Intentions of Council with Respect to Vehicles Powered by Internal Combustion Engines.”
(Ord. of 2019, 10-15-2019
(a) Deadline. Unless another procedure is established for a particular violation by ordinance or state law, assessments of civil penalties and other enforcement decisions made under this chapter may be appealed by filing a written notice of appeal with the Village Clerk within 30 days after the date of notification of the assessment of civil penalties or other enforcement decision. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalties or other enforcement decision.
(b) Process. Appeals shall be determined through a nonjudicial administrative process established by the Village Manager. Rules and procedures, if any, adopted by the Village Manager shall be made available for review at Village Hall. The Village Manager or his designee shall render all decisions on appeal in writing. The Village decision on appeal shall be subject to review by the Superior Court of Brunswick County by proceedings in the nature of certiorari. Any petition for certiorari shall be filed within 30 days after the date that a written decision is issued.
(c) Appeal standard. The Village Manager or his designee shall review an appeal from the assessment of civil penalties or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of civil penalties or other enforcement decision, the Village Manager or his designee shall have the discretion to dismiss or reduce civil penalties or reverse any other enforcement decision where warranted.
(Ord. of 2019, 10-15-2019)
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