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Section
9-1 Definitions
9-2 Compliance with chapter required
9-3 Exemptions for authorized emergency vehicles
9-4 Obedience to traffic-control devices; enforcement dependent on proper position and legibility
9-5 Traffic-control signs and signals
9-6 Pedestrians subject to traffic-control signals
9-7 Stoplight intersections
9-8 Overloaded or overcrowded vehicle
9-9 Boarding or alighting from moving vehicle prohibited
9-10 Riding vehicle or portion thereof not designed for passengers
9-11 Riding with body protruding
9-12 Clinging to vehicle
9-13 Riding on vehicle without permission
9-14 Trains not to block crossings for more than five minutes
9-15 Bicycles, motorcycles - riding on handlebar, frame or tank prohibited
9-16 Same - handlebars
9-17 Use of coasters, roller skates, toy vehicles restricted to play streets
9-18 Penalties for violations
9-19 Loading of vehicles
9-20 Official traffic map books
9-21 Imposition of General Municipal Vehicle Tax
Statutory reference:
Authority of city relative to traffic, see G.S. § 20-169
General Municipal Vehicle Tax, see G.S. § 20-97(b1)
Motor vehicles and traffic generally, see G.S. Ch. 20
Streets, traffic and parking, see G.S. §§ 160A-296 et seq.
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:
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, police vehicles and such ambulances designated or authorized by the City Council.
BLOCK. A portion of any street located between two intersections next adjacent to each other.
BUSINESS DISTRICT. The territory contiguous to a highway where 75% or more of frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business purposes.
CROSSWALK. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections. Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
DRIVER. Every person who drives or is in actual physical control of a vehicle.
INTERSECTION.
(1) The area embraced within the prolongation of the lateral curblines or, if none, the lateral curblines 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 such highway crosses the other.
(2) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event that such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
MOTOR VEHICLE. Every vehicle which 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. § 105-164.3(147).
OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings and devices not inconsistent with this chapter, placed or erected by authority of the City Council for the purpose of regulating, warning or guiding traffic.
OFFICIAL TRAFFIC SIGNAL. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
PARK. The standing of a vehicle, whether occupied or not, other than temporarily, for the purpose of and while actually engaged in loading or unloading.
PARKING METER. A mechanical device located upon a public street or sidewalk in a place regularly designated as a parking meter zone which device shall record a certain number of minutes by the use of a clock mechanism which determines the period of time for which parking privileges may be extended to the person so depositing a coin.
PARKING METER ZONE. A certain designated and marked-off section of the public street within the marked boundaries of which the vehicle may be temporarily parked and allowed to remain for such period of time as the parking meter attached thereto may indicate.
PEDESTRIAN. Any person afoot.
POLICE OFFICER. Every officer of the Police Department or any officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations.
PRIVATE ROAD OR DRIVEWAY. Every road or driveway not open to the use of the public as a matter of right for the purposes of vehicular travel.
PUBLIC CONVEYANCE. Any vehicle other than a taxicab or railroad train for transporting for fare.
RESIDENCE DISTRICT. The territory contiguous to a highway not comprising a business district where 75% or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes.
RIGHT-OF-WAY. The privilege of the immediate use of the roadway.
ROADWAY. That portion of a highway improved, signed, or ordinarily used for vehicular travel, exclusive the shoulder. In the event a highway includes two or more separate roadways the term ROADWAY as used herein shall refer to any such roadway separately but not to such roadways collectively.
SAFETY ZONE. Traffic island or other space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart a safety zone.
SIDEWALK. That portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
STANDING. Any stopping of a vehicle, whether occupied or not.
STOP. Complete cessation of movement when required.
STOP or STOPPING. When prohibited, any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic-control sign or signal.
STREET or HIGHWAY. 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 purpose of vehicular traffic.
TRAFFIC. Pedestrians, vehicles and other conveyances either singly or together while using any street for purposes of travel.
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 purpose of this chapter, bicycles shall be deemed vehicles and every rider of a bicycle on the highway shall be subject to this chapter 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, is suitable for use both inside and outside a building, and whose maximum speed does not exceed 12 miles per hour when the device is being operated by a person with a mobility impairment.
(1989 Code, § 9-1)
Statutory reference:
Definitions, see G.S. § 20-4.01
(A) Except for sections regulating the operation or parking of vehicles, it shall be unlawful for any person to do any act forbidden by or fail to perform any act required by any provision or section of this chapter.
(B) Any person violating any provision or section of this chapter regulating the operation or parking of vehicles shall be responsible for an infraction and shall be required to pay a penalty of not more than $50.
(C) Each section of this chapter may be enforced by imposition of any one, all or a combination of the remedies and penalties authorized by G.S. § 160A-175.
(1989 Code, § 9-2) (Ord. passed 2-24-87)
Statutory reference:
Enforcement of ordinances, see G.S. § 160A-175
(A) The provisions of this chapter regulating the operation, parking and standing of vehicles shall apply to authorized emergency vehicles except that a driver when operating such vehicle in any emergency, unless otherwise directed by a police officer, may:
(1) Park or stand, notwithstanding the provisions of this chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the prima facie speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions so long as he does not endanger life or property.
(B) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his reckless disregard of the safety of others.
(1989 Code, § 9-3)
Statutory reference:
Emergency vehicles, see G.S. § 20-157
(A) The driver of any vehicle shall obey the directions of any official traffic-control device applicable thereto and placed in accordance with the traffic ordinances of the city, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle by this chapter.
(B) No provision of any traffic ordinance of the city for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to an ordinarily observant person.
(C) Whenever a particular section of a traffic ordinance of the city does not state that signs are required, such section shall be effective without signs being placed to give notice thereof.
Statutory reference:
Types of traffic-control devices and installation thereof, see G.S. § 20-169
(A) The city is hereby authorized to control vehicles:
(1) At intersections, by erecting or installing stop signs requiring vehicles to come to a complete stop at the entrance to that portion of the intersection designated as the main-traveled or through highway. Stop signs may also be erected at three or more entrances to an intersection.
(2) At appropriate places other than intersections, by erecting or installing stop signs requiring vehicles to come to a complete stop.
(3) At intersections and other appropriate places, by erecting or installing steady-beam traffic signals and other traffic-control devices, signs, or signals. All steady-beam traffic signals emitting alternate red and green lights shall be arranged so that the red light in vertical-arranged signal faces shall appear above, and in horizontal-arranged signal faces shall appear to the left of all yellow and green lights.
(4) At intersections and other appropriate places, by erecting or installing flashing red or yellow lights.
(B) Control of vehicles at intersections.
(1) When a stop sign has been erected or installed at an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right-of-way to vehicles operating on the designated main-traveled or through highway. When stop signs have been erected at three or more entrances to an intersection, the driver, after stopping in obedience thereto, may proceed with caution.
(2) (a) When a steady-beam traffic signal is emitting a red light controlling traffic approaching an intersection, an approaching vehicle facing the red light shall come to a stop and shall not enter the intersection. After coming to a complete stop and unless prohibited by an appropriate sign, that approaching vehicle may make a right turn.
(b) Any vehicle that turns right under this subdivision shall yield the right-of-way to:
1. Other traffic and pedestrians using the intersection; and
2. Pedestrians who are moving towards the intersection, who are in reasonably close proximity to the intersection, and who are preparing to cross in front of the traffic that is required to stop at the red light.
(c) Failure to yield to a pedestrian under this subdivision shall be an infraction, and the court may assess a penalty of not more than $500 and not less than $100.
(d) The Department of Transportation shall collect data regarding the number of individuals who are found responsible for violations of sub-subdivision (b) of this subdivision and the number of pedestrians who are involved in accidents at intersections because of a driver’s failure to yield the right-of-way while turning right at a red light. The data shall include information regarding the number of disabled pedestrians, including individuals with visual or mobility-related disabilities, who are involved in right turn on red accidents. The Department shall report the data annually to the Joint Legislative Transportation Oversight Committee beginning January 1, 2006.
(3) When a traffic signal is emitting a steady yellow circular light on a traffic signal controlling traffic approaching an intersection or a steady yellow arrow light on a traffic signal controlling traffic turning at an intersection, vehicles facing the yellow light are warned that the related green light is being terminated or a red light will be immediately forthcoming. When the traffic signal is emitting a steady green light, vehicles may proceed with due care through the intersection subject to the rights of pedestrians and other vehicles as may otherwise be provided by law.
(4) When a flashing red light has been erected or installed at an intersection, approaching vehicles facing the red light shall stop and yield the right-of-way to vehicles in or approaching the intersection. The right to proceed shall be subject to the rules applicable to making a stop at a stop sign.
(5) When a flashing yellow light has been erected or installed at an intersection, approaching vehicles facing the yellow flashing light may proceed through the intersection with caution, yielding the right-of-way to vehicles in or approaching the intersection.
(6) When a stop sign, stoplight, flashing light, or other traffic-control device authorized by subsection (A) requires a vehicle to stop at an intersection, the driver shall stop at an appropriately marked stop line, or if none, before entering a marked crosswalk, of if none, before entering the intersection at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street.
(C) Control of vehicles at places other than intersections.
(1) When a stop sign has been erected or installed at a place other than an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right-of-way to pedestrians and other vehicles.
(2) When a stoplight has been erected or installed at a place other than an intersection, and is emitting a steady red light, vehicles facing the red light shall come to a complete stop. When the stoplight is emitting a steady yellow light, vehicles facing the light shall be warned that a red light will be immediately forthcoming and that vehicles may not proceed through such a red light. When the stoplight is emitting a steady green light, vehicles may proceed subject to the rights of pedestrians and other vehicles as may otherwise be provided by law.
(3) When a flashing red light has been erected or installed at a place other than an intersection, approaching vehicles facing the light shall stop and yield the right-of-way to pedestrians or other vehicles.
(4) When a flashing yellow light has been erected or installed at a place other than an intersection, approaching vehicles facing the light may proceed with caution, yielding the right-of-way to pedestrians and other vehicles.
(5) When a stoplight, stop sign, or other signaling device authorized by subsection (A) requires a vehicle to stop at a place other than an intersection, the driver shall stop at an appropriately marked stop line, or if none, before entering a marked crosswalk, or if none, before proceeding past the signaling device.
(D) No failure to stop as required by the provisions of this section shall be considered negligence or contributory negligence per se in any action at law for injury to person or property, but the facts relating to such failure to stop may be considered with the other facts in the case in determining whether a party was guilty of negligence or contributory negligence.
(E) Defense. It shall be a defense to a violation of sub-subdivision (B)(2)(a) of this section if the operator of a motorcycle, as defined in G.S. § 20-4.01(27)(h), or the operator of farm equipment or machinery, shows all of the following:
(1) The operator brought the motorcycle or farm equipment or machinery to a complete stop at the intersection or stop bar where a steady red light was being emitted in the direction of the operator.
(2) The intersection is controlled by a vehicle actuated traffic signal using an inductive loop to activate the traffic signal.
(3) No other vehicle that was entitled to have the right-of-way under applicable law was sitting at, traveling through, or approaching the intersection.
(4) No pedestrians were attempting to cross at or near the intersection.
(5) The motorcycle or farm equipment or machinery operator who received the citation waited a minimum of three minutes at the intersection or stop bar where the steady red light was being emitted in the direction of the operator before entering the intersection.
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