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 or the term is specifically defined otherwise regarding a particular division or section.
Abandoned vehicle refers to any vehicle that is left upon the Village streets or public right-of-way in violation of a law or ordinance prohibiting parking, left on property owned by the village for longer than 24 hours, or left on private property without the consent of the owner, occupant or lessee thereof, for longer than four hours.
Assessment notice refers to that village notice that assesses repair or mitigation costs associated with damages to village assets to the owner of the offending vehicle.
Beaches refers to foreshore, beach strand and barrier dune system.
Bicycle refers to a device with two wheels in tandem propelled by human power via pedals.
Bicycle operator refers to a person who propels a bicycle.
Bicycle passenger refers to a person who is transported on or by a bicycle.
Commercial electric vehicle refers to any vehicle used for commercial purposes, the propulsion of which is derived primarily from the use of electricity.
Commercial purpose means by or on behalf of a commercial entity that is regularly engaged in the sale of goods or services.
Commercial-use trailer refers to a trailer used primarily on village streets for commercial purposes.
Commercial-use vehicle refers to any electric vehicle, or internal combustion engine vehicle (I.C.E. vehicle) used for any commercial purpose.
Curb weight refers to the weight of the electric vehicle in an operational status with all fluids and components, including batteries, but without driver, passengers, or cargo.
Department refers to the Village Department of Public Safety or successor agency.
Device refers to any apparatus solely propelled by the human body.
Director refers to the Director of the Department or other individual designated to act on behalf of the Director.
Electric golf cart refers to any vehicle used in the conveyance or transportation of persons or property on village streets, the propulsion of which is derived from the use of electricity, and the original base model of which is designed for golf course use.
Electric vehicle refers to any vehicle used in the conveyance or transportation of persons or property on village streets, the propulsion of which is derived from the use of electricity.
Emergency refers to a situation that to a reasonable person poses an immediate risk to health, life, property, or environment.
Emergency vehicle refers to any vehicle that responds to an emergency as directed by the village or other duly acting governmental agency.
Government vehicle refers to any vehicle being operated for official government business by an agent or employee of the United States, North Carolina, or any county or municipality of North Carolina.
Harbour Village Parking District ("District") refers to the right-of-way boundaries of those public
streets and alleys in the District that have been dedicated and accepted by the Village. A portion of the District lies outside the Harbour Village subdivision boundary.
Heavy equipment vehicle refers to a heavy-duty vehicle operated primarily for earthwork functions.
Helmet refers to a piece of headgear that meets or exceeds the impact standards for protective helmets set by the American National Standards Institute (ANSI), the Snell Memorial Foundation, Consumer Product Safety Commission Standards, or ASTM bicycle helmet standards, as they may beamended from time to time. A protective helmet shall be appropriately fitted and shall include straps designated to affix the helmet snugly and securely to the head.
Internal combustion engine vehicle (I.C.E. vehicle) refers to any vehicle, the propulsion of which is derived from the use of any engine powered solely or partially by the internal combustion of fossil fuels.
Lawful possessor refers to any person who owns, possesses, or operates any vehicle towed or impounded pursuant to this chapter.
Licensed driver refers to any individual legally licensed to operate a vehicle on the streets or highways of the State of North Carolina.
Nuisance vehicle refers to any vehicle left on public or private property that is determined and declared to be a health or safety hazard, or a public nuisance.
Official Island Transportation System refers to the vehicles used primarily to deliver persons or property to and from the ferries that service Bald Head Island.
Officer refers to any duly sworn individual employed or contracted by the Village Department.
Owner refers to the person who owns any vehicle as shown on the village registration or permit application for a permit to operate such vehicle or, if no such application exists, on the registration records for such vehicle as maintained by the State Division of Motor Vehicles.
Owner's address refers to that mailing address of the owner of any vehicle as shown on the village registration or permit application for the right to operate such vehicle on village streets or, if no such application exists, on the records for such vehicle as maintained by the State Division of Motor Vehicles.
Pedestrian refers to a person who goes or travels on foot.
Permit refers to permission obtained from the Department legally to operate a commercial-use vehicle on village streets.
Person means any individual, corporation, company, partnership, trust, or like entity.
Personal-use electric vehicle refers to any electric vehicle used primarily on village streets for personal or residential use.
Personal-use trailer refers to a trailer used primarily on village streets for personal or residential purposes.
Public right-of-way refers to any right-of-way other than a public street that is under the jurisdiction and control of the village.
Public utility vehicle refers to those vehicles used by public utility companies to provide essential services, such as broadband, electricity, gas, sewer, telephone, and water.
Registration refers to permission obtained from the Department legally to operate a personal-use vehicle on village streets.
Repair cost refers to the total cost to the village to repair, mitigate, and return any village asset to its condition immediately prior to the specific damage sustained, including, without limitation, all costs of labor, materials and equipment used to make such repairs.
Restraining seat refers to a seat separate from the saddle seat for the operator of the bicycle that is fastened securely to the frame of the bicycle according to manufacturer's instructions. It must be adequately equipped to restrain the passenger in such seat as to protect such passenger from the moving parts of the bicycle. A restraining seat shall meet or exceed the standards set by the Consumer Product Safety Commission, as well as the standards set by 16 CFR 1501, 16 CFR 1500.48, 16 CFR 1500.49, and 16 CFR 1303, as they may be amended from time to time.
Scooter refers to a device consisting of a narrow footboard mounted between two or more wheels in tandem with an upright steering handle.
Segway refers to a self-balancing, non-tandem, two-wheeled device designed to transport one person.
Skateboard refers to a flat, short, narrow board mounted on four wheels, generally ridden in a standing position.
Special use permit refers to the permission obtained from the Department to operate I.C.E. vehicles outside workday hours, and to operate I.C.E. vehicles on streets with vehicle restrictions.
Taxicab refers to any electrically-powered vehicle, seating nine or fewer passengers, operated upon streets, as authorized and approved under this chapter, on-call or on a standing basis, accepting or soliciting passengers for hire between such points as may be directed by the passenger so being transported. Taxicab also includes any electrically-powered vehicle, seating 12 or fewer passengers upon streets, as authorized and approved under this chapter, on a fixed route, accepting or soliciting passengers for hire. Taxicab includes both in-service and out-of-service vehicles. Taxicab shall not mean the Official Island Transportation System operated for delivery of ferry passengers.
Taxicab operator refers to the person, business, or entity that operates a taxicab on village streets.
Terminal refers to any point of embarkation or disembarkation to or from Bald Head Island used by and for public transportation.
Towing and impoundment refers to the process of the village or its contractor removing a vehicle and confining it to a secure place.
Trailer refers to an unpowered vehicle that is being towed by another vehicle.
Tricycle refers to a device with three wheels propelled by human power via pedals.
Tricycle operator refers to a person who propels a tricycle.
Tricycle passenger refers to a person who is transported on or by a tricycle.
Unattended vehicle refers to any vehicle located on village streets without an identifiable lawful possessor.
Unlicensed driver refers to any individual not legally licensed to operate a vehicle on the streets or highways of the State of North Carolina.
Vehicle refers to any machine by which any person or property may be transported on village streets, the propulsion of which is derived from the use of electricity or the internal combustion of fossil fuels.
Vehicle dimensions refer to the maximum vehicle dimensions allowed on village streets.
Village asset refers to any street, signage, vegetation, road or other real or personal property of the village.
Village Manager refers to the individual employed by Village Council to serve as the chief executive officer of the Village of Bald Head Island or the individual designated to act on behalf of the Village Manager.
Village streets refers to any public right-of-way for vehicular traffic inclusive of the shoulders, rights-of-way, unimproved portion and any improvements of any kind thereto, including any vegetation thereon.
Workday refers to the time period from 6:00 o'clock a.m. until 6:00 o'clock p.m., Monday through Friday. The following holidays, on the days nationally observed or otherwise, shall be non-workdays: New Year's Day, Easter Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Thursday and Friday, and Christmas Eve through Christmas Day. Provided, however, this definition shall not be construed to govern hours of work, such as on a job site, which is elsewhere regulated in the Village Code of Ordinances.
(Ord. of 2019, 10-15-2019)
Cross-reference—Definitions generally, § 1-2.