(A) All offenses set out in this chapter shall be punished as a civil offense pursuant to G.S. 160A-175. Violations shall not be misdemeanors or infractions pursuant to G.S. 14-4.
(B) Whenever a member of the Police Department or Code Enforcement Division of the city, charged by ordinance or charter with the enforcement of the provisions of this chapter regulating the parking of vehicles, shall find that any of these provisions are being, or have been, violated by the owner or operator of any vehicle, that officer or person shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to it a parking violation notice or citation, in such form as the City Manager may direct.
(C) Among other things, the parking violation notice or citation shall:
(1) State upon its face the amount of the penalty for the specific violation if it is to be paid within 15 days from and after the violation.
(2) Notify the offender that a failure to pay the penalty within 15 days from the violation shall subject the offender to an additional late penalty in the amount of $25.
(3) Notify the offender that a failure to pay the penalty and late penalty within 30 days from the violation shall subject the offender to a civil action in the nature of a debt for the stated penalty, plus an additional penalty in the amount of $100, in addition to the penalty imposed for failure to pay within 15 days of the penalty, together with the cost of the action to be taxed by the court.
(4) Provide that the offender may answer to the city parking citation by mailing it and the stated penalty to P.O. Drawer A, Goldsboro, North Carolina 27530, or by delivering it and the stated penalty to The Revenue Office on the first floor of the City Hall Annex Building, 200 North Center Street, Goldsboro, North Carolina; and that upon payment, the case of claim and right of action by the city will be deemed compromised and settled.
(5) State that the penalty must either be paid or failure to pay must be cleared with the Police Department or the Code Enforcement Division within 15 days of the issuance of the citation.
(6) State that, if the parking violation citation is not cleared within 30 days, court action by the filing of a civil complaint for collection of the penalty may be taken. As used upon a parking violation citation, the word CLEARED shall mean cither:
(a) Payment,
(b) Arrangement for payment to be made, or
(c) A prima facie showing that the parking citation was received as a result of mistake, inadvertence or excusable neglect.
(D) The Revenue Office of the city is authorized to accept such payments in full and final settlement of the claim or right of action that the city may have to enforce such penalty by civil action in the nature of debt. Acceptance of such penalty shall be deemed a full and final release of any and all such claims, or right of action arising out of the contended violation.
(E) The following fines or penalties shall be imposed for violations in those cases in which payment is made within the prescribed 15-day period:
(1) Parking in a space properly designated by the R7-8 or R7-8a sign, as described in the federal and/or state manual on uniform traffic control devices, for physically handicapped persons, when the vehicle does not display the distinguishing license plate or placard, or in front of any handicap access ramp $50.
(2) Violations of this chapter involving unauthorized parking, standing or stopping within a bus stop, within 15 feet of a fire hydrant, loading zone, traffic lane, intersection or 25-foot distance from an intersection, 30-foot distance from any flashing beacon, stop sign or traffic control signal, or other prohibited zone, or in front of a driveway, or on the left-hand side of a two-way street in a business district, or on a sidewalk or sidewalk area, or for double parking, or on any street longer than seven days, or for any prohibited purpose $25.
(3) For violations of the provisions of § 72.90, Marking vehicles, there shall be a civil penalty of $50.
(F) In addition to the penalties prescribed in division (E) above, a $25 penalty shall be imposed in all those cases in which the above penalties have not been paid within the authorized seven-day period. Should it become necessary to institute a civil action to collect any fees or penalties hereunder, then the violation shall also be subject to an additional penalty of $100.
(G) Nothing herein is intended nor shall be construed to provide that illegally parked vehicles may not be towed away. All such ordinances shall remain enforceable, by towing or by civil action in the nature of debt, or by either remedy.
(H) All penalties paid to the city or as may be recovered in a civil action in the nature of debt, as herein provided, shall be paid into the General Fund of the city.
(I) All citations issued for parking violations within the city will be added to the DMV system that links the vehicle to its owner.
(J) Continuous violations. Each hour’s continuing violation shall constitute a separate and distinct offense, and the penalties imposed hereunder shall be cumulative.
(Ord. 2016-52, passed 10-5-16)