§ 70.99  TRAFFIC CODE PENALTY.
   (A)   (1)   Civil penalties as set forth in division (D) below shall be assessed for the violation of the provisions of Chapters 70, 71, 72, 73 and 74.
      (2)   Any person who fails to deliver or mail the penalty charge to the Town Hall office and accumulates five or more delinquent parking tickets shall have his or her vehicle impounded. The owner shall be allowed to pick up his or her automobile upon payment of the assessed penalty charge plus a $25 impound fee, and any additional private or wrecker transportation fees.
   (B)   (1)   Any person violating any provision of Title VII for which no specific penalty is otherwise provided shall be responsible for an infraction and shall be required to pay a penalty of not more than $50.
      (2)   A citation for said civil penalty shall be issued by the Town Manager.
   (C)   Title VII may also be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
   (D)    Schedule of civil penalties.
      (1)   The violation of those provisions of the Traffic Code referenced hereinafter are subject to civil penalties as set forth hereinafter. Each violation and any delinquent penalty are not subject to the penalty provisions of G.S. § 14-4, but instead constitute civil penalties to be recovered by the town in a civil action in the nature of debt when the violator does not pay the penalty within the prescribed period of time, pursuant to G.S. § 160A-175(c).
      (2)   The following civil penalties are hereby established:
 
Violation
Penalty
Illegally parking in a fire lane
$35
Overtime parking
   First violation
$10
   Second or subsequent violation within a 24-hour period
Additional civil penalty of $15
Unauthorized parking in a handicapped parking space
$100
All other violations enumerated in Title VII
$10
 
      (3)   Parking violations included in this section shall be delinquent after the tenth day from the issuance of the citation; thereafter the following civil penalties shall apply to the foregoing parking violations, in addition to the stated penalty:
 
Delinquent Period
Additional Penalty
10 to 20 days delinquent on $10 or $15 penalty
$25
10 to 20 days delinquent on $35 penalty
$25
10 to 20 days delinquent on $100 penalty
$25
For each additional 10-day period of delinquency thereafter for the penalties set forth in above, the town may assess an additional $25 penalty, with a maximum of three delinquency penalties per violation, pursuant to this table.
 
   (E)   Traffic schedule penalties.
      (1)   Whoever violates any provision of Ch. 73, Sch. I shall be responsible for an infraction and shall be required to pay a penalty of not more than $50, unless otherwise provided by law.
(G.S. § 14-4(b))
      (2)   Whoever violates any provision of Ch. 73, Sch. II shall be responsible for an infraction and shall be required to pay a penalty of not more than $50, unless otherwise provided by law.
(G.S. § 14-4(b))
      (3)   Whoever violates any provision of Ch. 73, Sch. III shall be responsible for an infraction and shall be required to pay a penalty of not more than $50, unless otherwise provided by law.
(G.S. § 14-4(b))
   (F)   Parking schedule penalties.
      (1)   Any violation for the penalty shall be issued by the Town Manager.
         (a)   A citation for the civil penalty shall be issued by the Town Manager.
         (b)   Each citation for a civil penalty must be paid within 72 hours of issuance.
      (2)   Each and every day that the violator continues in violation of any provision of Ch. 74, Sch. I shall be a separate and distinct offense.
      (3)   Ch. 74, Sch. I may also be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
(Ord. passed 11-14-2006)