§ 70.01  DEFINITIONS.
     For the purpose of this Title VII, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATOR. The person or persons designated by the Town Manager to administer and enforce this title. Whenever this title authorizes or requires the Administrator to install a traffic-control device controlling parking or regulating the movement of traffic on, to or from a state-highway-system street and the installation of a device is in practice a function of the State Department of Transportation, the Administrator may discharge his or her responsibility by requesting the State Department of Transportation to install the device.
   DRIVER. The operator of a vehicle.
   HIGHWAY or STREET. The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms HIGHWAY or STREET or a combination of the two terms shall be used synonymously.
   INTERSECTION. The area embraced within the prolongation of the lateral curb lines or, if none, then the lateral edge of roadway lines of two or more highways which join one another at any angle, whether or not one highway crosses the other. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event that the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways shall be regarded as a separate intersection.
   MOTOR VEHICLE. Every vehicle that 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. § 20-4.01(27)d1.
   OPERATOR. A person in actual physical control of a vehicle which is in motion or which has an engine running. The terms OPERATOR and DRIVER and their cognates are synonymous.
   PARKING or STANDING. A vehicle is parked or is permitted to stand when it is stopped and allowed to remain in a fixed location for any duration of time, whether attended or unattended. Except where the context clearly indicates otherwise, the limitations on parking and standing in this title apply only to locations within a street right-of-way. In no case do these limitations on parking and standing in this title apply only to locations within a street right-of-way. In no case do these limitations apply when a vehicle is stopped to avoid conflict with other traffic or in compliance with law or the directions result of an emergency or because the vehicle is disabled.
   ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways, the term. ROADWAY, as used herein, shall refer to any roadway separately, but not to all roadways collectively.
   SAFETY ZONE. A traffic island or other space that is officially set aside within a highway for the exclusive use of pedestrians and that is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
   STATE HIGHWAY SYSTEM STREET. A street within the town that is part of the state highway system. Whenever this title regulates parking or the movement of traffic on, to or from a state highway system street, then to the extent that concurrence by the State Department of Transportation is necessary (by passage of a concurring ordinance or otherwise) the regulation shall not become effective until the concurrence is obtained. The following streets are part of the state highway system:
 
Deck Hill
Poplar Grove Road
Rivers Street
Deerfield Road
U.S. Highway 421 (East and West King Streets)
U.S. Highway 321
Water Street
Junaluska Road
N.C. Highway 105
Summerplace Drive
U.S. Highway 321
Fairway Drive
N.C. Highway 194
Winkler's Creek Road
High School Drive
Deck Hill Road
Academy Street
University Drive
Locust Street
Kellwood Drive
Brown Street
Pinnacle Drive
Upper half of Eastview Drive
Daulph Blan Street
 
   STREET. See HIGHWAY.
   TOWN STREET. A street within the town that is not part of the state highway system but rather is owned and maintained by the town.
   TRAFFIC-CONTROL DEVICE. Any sign, signal, marking or other device placed or erected pursuant to a lawfully adopted ordinance and designed to regulate, warn, guide or control traffic.
   TRAFFIC-CONTROL SIGNAL. Any device designated to regulate, guide or control traffic through the use of alternating or flashing lights or by some other mechanical means.
   VEHICLE. 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 title, bicycles shall be deemed VEHICLES and every rider of a bicycle upon a highway shall be subject to the provisions of this title 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 mph 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. § 20-4.01(7)(a).
(G.S. § 20-4.01)  (Ord. passed 10-20-16; Am. Ord. passed 12-16-19)