(A) The town is authorized and empowered by G.S. § 160A-296 to exercise control over its public streets and is generally authorized to pass laws to protect the health, safety, and welfare of its citizens. Hillside Drive, within the town limits, has become a hazard to the health, safety, and welfare of the citizens of the town because of the encroachment of the Atlantic Ocean onto lands immediately adjacent to and south of Hillside Drive, and onto parts of the road itself; and it has become necessary to take measures to protect the right-of-way of Hillside Drive.
('85 Code, § 14-3)
(B) All public use of the 50-foot right-of-way area of Hillside Drive shall be confined to the northern 20 feet of the right-of-way, subject to narrower areas of travel being designated by the Town Manager or eliminated altogether as necessary to establish a preservation zone within the right-of-way of Hillside Drive.
('85 Code, § 14-3.1)
(C) The southern 30 feet of the Hillside Drive right-of-way is hereby reserved for establishment of a preservation zone necessary to protect the remaining right-of-way of Hillside Drive, provided that the preservation zone may be extended northward as necessary due to existing erosion, as established by the Town Manager.
('85 Code, § 14-3.2)
(D) The Holden Road, Elizabeth Street and Bendigo Street entrances to Hillside Drive shall be closed to vehicular traffic and shall be barricaded. ('85 Code, § 14-3.3)
(E) Except as prohibited by state law, any portion of the Hillside Drive right-of-way that is not within the preservation zone is exempt from town ordinances relating to minimum width standards for town roads and shall hereafter be designated as an alley. ('85 Code, § 14-3.4)
(Ord. 94-07, passed 3-10-94) Penalty, see § 95.99