CHAPTER 6:  PUBLIC SAFETY
Section
Article I.  In General
   6-1   Definitions
   6-2   Obedience to chapter
   6-3   Obedience to police
   6-4   Application of chapter – Drivers of governmental vehicles
   6-5   Same – Persons propelling pushcarts, riding bicycles
   6-6   Same – Authorized emergency vehicles
   6-7   Same – Certain private property
   6-8   Authority of police in special cases
   6-9   Boarding moving vehicles and the like
   6-10   Entering vehicles without permission
   6-11   Keeping body wholly within vehicle
   6-12   Front seat passengers restricted
   6-13   Clinging to moving vehicles
   6-14   Riding other than in places intended for passengers
   6-15   Vehicles with lugs and the like prohibited
   6-16   Damaging public property
   6-17   Public urination
   6-18   Glass containers
   6-19   Operation of motor vehicles on private property
   6-20   Discharge of firearms and dangerous instruments; hunting and trapping
   6-21 – 6-30   Reserved
Article II.  Operation
   6-31   Moving cars from parked positions
   6-32   Driving on roadways laned for traffic
   6-33   Driving through barricaded streets
   6-34   Driving over fire hose
   6-35   Driving on sidewalks
   6-36   Obstructing intersections prohibited
   6-37   Manner of making left turns
   6-38   Driving through funeral processions
   6-39   Limitations on backing
   6-40   Limitations on turning around
   6-41 – 6-50   Reserved
Article III.  Traffic-Control Devices
   6-51   Designation of traffic zones, through streets and the like, erection and installation of devices
   6-52   Ratification of existing devices
   6-53   Duty to obey
   6-54   Necessity of signs
   6-55   Moving or damaging devices
   6-56   Display of unauthorized signs, signals or markings
   6-57   Traffic-control signal legend
   6-58   Flashing signals
   6-59   Manner of entering through street
   6-60   Stop intersections
   6-61   Yield right-of-way intersections
   6-62 – 6-70   Reserved
Article IV.  Speed Limitations
   6-71   Reasonable, prudent rule
   6-72   Residential streets
   6-73   Variation of maximum speed limits
   6-74   Speed limit on SR 1568 (New River Inlet Road)
   6-75   Speed limit on Topsail Road
   6-76   Speed limit on River Road and River Drive
   6-77   Speed limit on roads in Cape Island subdivision
   6-78   Speed limit on roads in the Ocean City Neighborhood
   6-79   Speed limit on town-owned side streets
   6-80   Reserved
Article V.  Stopping, Standing and Parking
Division 1.  Generally
   6-81   Emerging from alleys or private driveways
   6-82   Stopping in streets prohibited; exceptions
   6-83   Lights on parked vehicles
   6-84   Parking for certain purposes prohibited
   6-85   Prohibited at certain places
   6-86   Public conveyances prohibited except in designated zones
   6-87   Moving vehicles into prohibited area
   6-88   Residential areas – Duration
   6-89   Same – Commercial motor vehicles
   6-90   Continuous parking period defined
   6-91   Impoundment – Authorized
   6-92   Same – Redemption
   6-93   Same – Effect of failure to redeem
   6-94 – 6-100   Reserved
Division 2.  Prohibited, Restricted on Certain Streets
   6-101   Designation of no parking areas
   6-102   Parking in limited parking zone
   6-103   No parking area designated
   6-104 – 6-110   Reserved
Article VI.  Bicycles
   6-111   Observance of traffic regulations
   6-112   Impounding
   6-113   Clinging to moving vehicles
   6-114   Lamps and reflectors
   6-115 – 6-119   Reserved
Article VII.  Noise Control
   6-120   Established
   6-121   General prohibition
   6-122   Exception
   6-123   Blowing horns
   6-124   Sirens
   6-125   Playing radios and the like
   6-126   Pets
   6-127   Use of vehicles
   6-128   Discharge of exhaust
   6-129   Compressed air devices
   6-130   Building operations
   6-131   Quiet zones
   6-132   Loading and unloading operations
   6-133   Bells or gongs
   6-134   Peddlers and the like
   6-135   Noises to attract attention
   6-136   Reserved
   6-137   Statement of purpose
   6-138   Types of noises exempted
   6-139   Allowable noise levels within the town
   6-140 – 6-145   Reserved
Article VIII.  Wrecker/Towing Services and Impoundment
   6-146   Definitions
   6-147   Administrative responsibility
   6-148   Wrecker service application/agreement
   6-149   Duties and requirements of wrecker tow services
   6-150   Availability and storage requirements; location and towing to be within city limits
   6-151   Liability; insurance
   6-152   Wrecker equipment
   6-153   Inspections
   6-154   Regulations governing wrecker operations
   6-155   Rate schedule and responsibility for charges
   6-156   Duties and responsibilities of police officers – Wrecker and tow services; rotation list
   6-157   Same – Impoundments
   6-158   Duties and responsibilities of wrecker firms providing towing for impoundment purposes
   6-159   Appeal
   6-160   Private towing
Article IX.  Enforcement
   6-161   Civil penalty for traffic violations
   6-162   Ticketing of vehicles
Article X.  Alarm Control Systems
   6-163   Definitions
   6-164   Notice of false alarm
   6-165   Corrective action and penalty
Article XI.  Regulation of Golf Carts
   6-166   Authority to regulate
   6-167   Policy statement
   6-168   Liability disclaimer
   6-169   Definitions
   6-170   Liability insurance
   6-171   Required equipment
   6-172   Registration, inspection, and fee prior to usage
   6-173   Rules and regulations
   6-174   Streets and roads not approved for use
   6-175   Exceptions
   6-176   Enforcement
Statutory reference:
   Motor vehicles generally, see G.S. Ch. 20
   Powers of local authorities, see G.S. § 20-169
ARTICLE I.  IN GENERAL
§ 6-1  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, police vehicles, ambulances and other vehicles designated or authorized by the Chief of Police.
   BLOCK.  The length of the portion of any street which is located between two street intersections.
   BUSINESS DISTRICT.  The territory contiguous to a highway when 50% or more of frontage thereon, for a distance of 300 feet or more, is occupied by buildings which are in use for business purposes.
   CROSSWALK.  The portion of a roadway which lies between the prolongation of the lateral sidewalk or boundary lines over an intersection. 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.  The area embraced within the prolongation of 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. 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 bicycles with helper motors rated less than 50 cubic centimeter engine displacement which produce only ordinary pedaling speeds up to a maximum of 20 mph on a level surface.
   OFFICIAL TRAFFIC-CONTROL DEVICES.  All signs, signals, markings and devices not inconsistent with this chapter, placed or erected by authority of the governing body or an official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
   OFFICIAL TRAFFIC SIGNALS.  Any device, whether manually or automatically 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 loading or unloading.
   PEDESTRIAN.  Any person afoot.
   POLICE OFFICER.  Every officer of the Police Department or any officer authorized to direct 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 for purposes of vehicular travel.
   PUBLIC CONVEYANCE.  Any vehicle which is engaged in the business of transporting persons for fare.
   RESIDENCE DISTRICT.  The territory contiguous to a highway not comprising a business district, when the frontage on such highway, for a distance of 300 feet or more, is mainly occupied by residential dwellings but also by dwellings or buildings which are in use for business purposes.
   RIGHT-OF-WAY.  The privilege of the immediate use of the roadway not inconsistent with regulations and conditions.
   ROADWAY.  The portion of a street which has been improved and designed for, or which is ordinarily used for, vehicular travel.
   SAFETY ZONE.  The area officially set apart within a roadway for the exclusive use of pedestrians, which area is either protected or plainly marked at all times while so set apart as a SAFETY ZONE.
   SIDEWALK.  The portion of a street between the curblines, or the lateral lines of a roadway and the adjacent property lines exclusively intended for the use of pedestrians.
   STANDING.  Any stopping of a vehicle, whether occupied or not.
   STOP or STOPPING.  When required, means complete cessation of movement. When prohibited, means any STOPPING of a vehicle, except when conflict with other traffic is imminent, or when otherwise directed by a police officer.
   STREET or HIGHWAY.  The entire area between lateral property lines which is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
   TRAFFIC.  Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using any street for purposes of travel.
   TRAFFIC SIGNS.  Authorized signs or markers which are assumed to be permanently or temporarily placed or erected or installed at certain places and which purport to give notice of direction or to convey a prohibition or warning; the presence of such signs, though not compulsory, is generally dictated by necessity or common sense, with a view to furtherance of public safety.
   VEHICLE. Every device in or upon which any person or property may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks; provided that, for the purpose of this chapter, a bicycle or a ridden animal shall also be deemed a VEHICLE.
(Ord. passed 6-5-1991)
§ 6-2  OBEDIENCE TO CHAPTER.
   It is a misdemeanor for any person to do any act forbidden, or fail to perform any act required, in this chapter.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-3  OBEDIENCE TO POLICE.
   No person shall refuse to comply with any lawful order or direction of a police officer.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-4  APPLICATION OF CHAPTER – DRIVERS OF GOVERNMENTAL VEHICLES.
   The provisions of this chapter shall apply to the driver of any vehicle owned by, or used in the service of, the United States Government, this state, county or town. It shall be unlawful for any such driver to violate any of the provisions of this chapter or the state laws.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-5  SAME – PERSONS PROPELLING PUSHCARTS, RIDING BICYCLES.
   Every person propelling any pushcart, or riding a bicycle or an animal, upon a roadway, also every person driving any animal drawn vehicle, shall be subject to the provisions of this chapter which are applicable to any driver of any vehicle, except for those provisions of this chapter which by their very nature can have no application.
(Ord. passed 6-5-1991)
§ 6-6  SAME – AUTHORIZED EMERGENCY VEHICLES.
   (a)   The provisions of this chapter regulating the operation, parking and standing of vehicles shall also apply to authorized emergency vehicles, except as follows.
   (b)   Unless otherwise directed by a police officer, a driver, when operating such vehicle in any emergency, 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 or she does not endanger life or property; or
      (4)   Disregard regulations governing direction or movement, or turning in specified directions, so long as he or she does not endanger life or property.
   (c)   The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his or her reckless disregard for the safety or property of others.
(Ord. passed 6-5-1991)
§ 6-7  SAME – CERTAIN PRIVATE PROPERTY.
   The provisions of this chapter shall apply to private property which is expressly or implicitly held open to the general public for the purpose of vehicular traffic.
(Ord. passed 6-5-1991)
§ 6-8  AUTHORITY OF POLICE IN SPECIAL CASES.
   In the event of a fire or other emergency, or when it is necessary to expedite traffic or to safeguard pedestrians, police officers may direct traffic as conditions may require, notwithstanding the provisions of this chapter.
(Ord. passed 6-5-1991)
§ 6-9  BOARDING MOVING VEHICLES AND THE LIKE.
   No person shall board, or alight from, any public conveyance or other vehicle while such conveyance or vehicle is in motion.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-10  ENTERING VEHICLES WITHOUT PERMISSION.
   No person shall enter, jump on or ride any automobile or other vehicle without the consent of the owner or driver.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-11  KEEPING BODY WHOLLY WITHIN VEHICLE.
   No person shall allow any part of his or her body to protrude beyond the limits of the vehicle in which he or she is riding, except to give such signals as are by law required; and no person shall hang on to any vehicle whatsoever.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-12  FRONT SEAT PASSENGERS RESTRICTED.
   It shall be unlawful for the driver or the person in charge of any motor vehicle to permit more than three persons, including the driver, to ride in the front or driver’s seat.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-13  CLINGING TO MOVING VEHICLES.
   Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, skateboard or any other toy vehicle shall not attach the same, or himself or herself, to any public conveyance, or moving vehicle, upon any roadway.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-14  RIDING OTHER THAN IN PLACES INTENDED FOR PASSENGERS.
   No person shall ride on any public conveyance or vehicle not designated or intended for the use of passengers, or on a bicycle or motorcycle except on the seat provided for that purpose. This provision shall not apply to an employee engaged in the necessary discharge of a duty nor to persons riding within truck bodies in spaces intended for merchandise.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-15  VEHICLES WITH LUGS AND THE LIKE PROHIBITED.
   No person shall drive over any hard-surfaced asphalt paved street any vehicle with sharp blades, discs or spikes that will drag on the pavement, or any traction engine with caterpillar wheels, or any heavy piece of machinery that will in any way damage or injure the paving.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-16  DAMAGING PUBLIC PROPERTY.
   It is unlawful for any person to willfully or wantonly remove, deface, alter, destroy, injure or damage personal or real property owned by, leased to or otherwise under the custody and control of the town. The offender shall also be subject to a civil debt of $500 per day in addition to other penalties. No such civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation. Each day of the continuing violation shall constitute a separate violation.
Penalty, see § 1-5
Statutory reference:
   Damaging town property, see G.S. § 160A-174
   Property damage generally, see G.S. §§ 14-127, 14-128
§ 6-17  PUBLIC URINATION.
   No person shall urinate in the town except in facilities (including mobile units) designed and constructed for the disposal and containment or elimination of human waste.
Penalty, see § 1-5
§ 6-18  GLASS CONTAINERS.
   The possession of glass beverage or glass food containers on town-owned or town-operated beaches within the town, or on beach access areas, the town-operated bathhouse or town parking areas is unlawful. Any person in possession of a glass food or glass beverage container within or on such areas shall be guilty of a misdemeanor.
Penalty, see § 1-5
§ 6-19  OPERATION OF MOTOR VEHICLES ON PRIVATE PROPERTY.
   No person shall operate a motor vehicle within the town except upon the public or private highways, streets, roads, ways, alleys, bridges and other designated public accessways without the consent of the property owner whose property is being traversed.
Penalty, see § 1-5
§ 6-20  DISCHARGE OF FIREARMS AND DANGEROUS INSTRUMENTS; HUNTING AND TRAPPING.
   (a)   Discharge of firearms. It shall be unlawful for any person to needlessly fire any rifle, gun or revolver within the town limits; provided, that this subsection (a) shall not apply to any officer while in the discharge of the duties of his or her office.
   (b)   Discharging dangerous instruments. It shall be unlawful for any person to discharge any air rifle, pellet gun, BB gun, slingshot, bow and arrow or any other similar weapon within the town except in an area marked and designated as a target area by the town police.
   (c)   Hunting. Hunting will not be permitted in any area of the town limits unless conducted by animal control officers or under the supervision of wildlife officers. It shall be unlawful for any person to engage in hunting within 500 feet of any dwelling or place of business within the town limits. Hunting with shotguns or bows only will be permitted in those unpopulated areas of the town limits traditionally used for hunting purposes as long as the 500-foot limitation is observed.
   (d)   Violation. Violation of any of the provisions of this section by any firm, person or corporation shall constitute a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $500 or imprisonment for not more than six months, or both. Each and every violation shall constitute a separate and distinct offense.
(Ord. passed 4-1-1993)
§§ 6-21 – 6-30  RESERVED.
ARTICLE II.  OPERATION
§ 6-31  MOVING CARS FROM PARKED POSITIONS.
   Parked cars shall move out in the direction headed; or if they are parked at an angle with the curb, they shall back out at that angle until they have cleared the other cars and shall then proceed in the direction they are most nearly headed.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-32  DRIVING ON ROADWAYS LANED FOR TRAFFIC.
   All vehicles operated on any roadway which has been clearly marked with traffic lanes shall be driven, as nearly as practical, entirely within a single lane and shall not be moved out of such lane until the driver has first ascertained that such movement can be made with safety.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-33  DRIVING THROUGH BARRICADED STREETS.
   No person shall drive any vehicle of any kind into or upon any alley or street when such street or alley has been barricaded by the town.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-34  DRIVING OVER FIRE HOSE.
   No vehicle shall be driven over any hose of the Fire Department without the consent of the Fire Department official in command.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-35  DRIVING ON SIDEWALKS.
   The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-36  OBSTRUCTING INTERSECTIONS PROHIBITED.
   No driver shall move his or her vehicle across an intersection, or a marked crosswalk, unless he or she knows that there is sufficient space on the other side of the intersection or crosswalk to accommodate his or her vehicle without obstructing the passage of other vehicles or pedestrians, although a traffic-control signal may be indicating his or her right to proceed.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-37  MANNER OF MAKING LEFT TURNS.
   In making left turns at street intersections, all traffic when approaching an intersection shall keep close to the center line of the street; and the left turn shall then be made beyond the center of the intersection as may, or may not, be indicated by buttons, markers or other directing signs, and shall proceed in the new direction along the right-hand lane, except at certain intersections, which may be expressly designated by the town.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-38  DRIVING THROUGH FUNERAL PROCESSIONS.
   No vehicle may be driven through a funeral procession, except Fire Department vehicles, police patrols and ambulances, and only if the same are responding to calls.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-39  LIMITATIONS ON BACKING.
   The driver of a vehicle shall not back it into any intersection, or over a crosswalk, nor shall he or she back it otherwise unless such movement can be made in safety, and ample warning has been given by hand and horn or other signals.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-40  LIMITATIONS ON TURNING AROUND.
   No driver shall turn any vehicle and proceed in the opposite direction on any town street.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§§ 6-41 – 6-50  RESERVED.
ARTICLE III.  TRAFFIC-CONTROL DEVICES
§ 6-51  DESIGNATION OF TRAFFIC ZONES, THROUGH STREETS AND THE LIKE, ERECTION AND INSTALLATION OF DEVICES.
   (a)   The Police Department shall have the power to designate, lay off and indicate, when authorized by ordinance, by appropriate signs and markings, park spaces and zones, no parking zones, limited parking zones, reserved parking zones, zones in which vehicles shall be parked at an angle to the curb, loading zones, safety zones, hospital zones, quiet zones, traffic zones other than the above, crosswalks, truck routes, through streets, stop streets and intersections, yield right-of-way intersections, one-way streets, streets to be laned for traffic, play streets, bus stops, taxicab stands and passenger loading zones. It shall also have the power to designate and indicate, when authorized by ordinance, intersections at which traffic shall be controlled by traffic signals, intersections at which left turns, right turns or U-turns shall be prohibited, and intersections at which markers, buttons or other indications shall be placed to indicate the course to be traveled by vehicles traversing or turning at such intersections.
   (b)   Whenever any designation is made in accord with this section, the Police Department shall erect and install such signs, markings, lines, signals and other traffic-control devices as may be necessary to clearly indicate such designation and to put drivers of vehicles on notice of the restriction, limitation or prohibition resulting from such designation.
   (c)   All designations made in accordance with this section shall be clearly shown and indicated on the official traffic-control device and regulation of parking signs, markings and other devices schedule on file in the office of the Traffic Division.
(Ord. passed 6-5-1991)
§ 6-52  RATIFICATION OF EXISTING DEVICES.
   All traffic-control signs, signals, devices and markings placed or erected in the town prior to the adoption of the code and in use for the purpose of regulating, warning or guiding traffic are hereby affirmed, ratified and declared to be official traffic-control devices, provided such traffic-control devices are not inconsistent with the provisions of this chapter or state law.
(Ord. passed 6-5-1991)
§ 6-53  DUTY TO OBEY.
   The driver of any vehicle shall obey the directions of any official traffic-control device placed in accordance with this chapter, subject to certain exceptions which are granted the driver of an authorized emergency vehicle in § 6-6, unless either are otherwise directed by a police officer.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-54  NECESSITY OF SIGNS.
   No provision of this chapter which provides for signs shall be enforced against an alleged violator if, at the time and place of the alleged violation, such official sign was not in proper position or was not sufficiently legible to an ordinarily observant person. Whenever a particular section does not stipulate signs, such section shall be effective without signs being placed to give notice thereof.
(Ord. passed 6-5-1991)
§ 6-55  MOVING OR DAMAGING DEVICES.
   No person shall move, deface or otherwise damage any sign, signal or other traffic-control device placed upon the streets of the town.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-56  DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS.
   No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be, is an imitation of, or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-57  TRAFFIC-CONTROL SIGNAL LEGEND.
   Whenever traffic is controlled by traffic-control signals exhibiting the words “go,” “caution” or “stop,” or exhibiting differently colored lights, successively, one at a time, the following colors only shall be used; and such terms and lights shall indicate as follows.
   (a)   Green alone or “go”.
      (1)   Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
      (2)   Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk unless otherwise directed by pedestrian-control signals.
   (b)   Yellow alone or “caution” when shown following the green or “go” signal.
      (1)   Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection; but if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.
      (2)   Pedestrians facing such signal are thereby advised that there is insufficient time to cross a roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.
   (c)   Red alone or “stop”.
      (1)   Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or “go” is shown alone; however, except where prohibited by an appropriate sign, vehicular traffic, after coming to a full stop, may enter such intersection to make a right turn if such movement can be made in safety.
      (2)   No pedestrian facing such signal shall enter the roadway unless otherwise directed by a pedestrian-control signal.
   (d)   Red with green arrow.
      (1)   Vehicular traffic facing such signal may cautiously enter the intersection, only to continue movement in the direction indicated by such arrow, but shall not interfere with other traffic.
      (2)   No pedestrian facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-58  FLASHING SIGNALS.
   Whenever flashing red or yellow signals are used, they shall require obedience by vehicular traffic as follows.
   (a)   Flashing red, stop signal. When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection, or at a limit line when marked; and the right to proceed shall be subject to the rules of safety and noninterference with other traffic.
   (b)   Flashing yellow, caution signal. When a yellow lens is illuminated by rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(Ord. passed 6-5-1991)
§ 6-59  MANNER OF ENTERING THROUGH STREET.
   When stop signs are placed upon highways which intersect a through street, the driver shall bring his or her vehicle to a stop before entering the intersection; and he or she shall not proceed into, or across the through street until he or she has first determined that no conflict with traffic will ensue.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-60  STOP INTERSECTIONS.
   When signs are placed at stop intersections, every driver of a vehicle shall stop before entering the intersection; and he or she shall not proceed into or across the through street until he or she has first determined that no conflict with traffic will ensue.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-61  YIELD RIGHT-OF-WAY INTERSECTIONS.
   When yield right-of-way signs are placed, erected or installed upon streets, roads or highways intersecting a through street at the entrance thereto, or at the entrance to any intersection, every driver of a motor vehicle shall, in obedience to such signs, slow down and yield the right-of-way to any vehicle in movement on the main-traveled or through street which is approaching so as to arrive at the intersection at approximately the same time as the vehicle entering the main-traveled or through street.
(Ord. passed 6-5-1991)
§§ 6-62 – 6-70  RESERVED.
ARTICLE IV.  SPEED LIMITATIONS
§ 6-71  REASONABLE, PRUDENT RULE.
   It shall be unlawful for any person to operate any motor vehicle upon any street or highway in the town at a speed greater than is reasonable and prudent under the conditions then existing.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-72  RESIDENTIAL STREETS.
   Except as may otherwise be permitted under the provisions of this article, it shall be unlawful for any person to operate a motor vehicle upon any street or highway in a residential section of this town at a greater speed limit than as set forth by state law.
(Ord. passed 6-5-1991)
§ 6-73  VARIATION OF MAXIMUM SPEED LIMITS.
   The Board of Aldermen may alter the maximum speed as established in this article on any street or portion thereof which is not a part of the state highway system and which is not maintained by the State Highway Commission in accordance with the provisions of G.S. § 20-141(f). No such alteration of the speed limit shall become or remain effective unless signs have been conspicuously placed giving notice of such speed limit for such street.
(Ord. passed 6-5-1991)
§ 6-74  SPEED LIMIT ON SR 1568 (NEW RIVER INLET ROAD).
   (a)   Purpose. Pursuant to G.S. §§ 160A-296 and 20-141(f), this section is enacted to provide for the enforcement of speed regulations on streets, roads and highways which are a part of the state highway system within the corporate limits of the town, and to provide for the general welfare of the citizens of the town through the uniform and orderly regulation of its streets and thoroughfares.
   (b)   Speed limits. It shall be unlawful for any person to operate any vehicle on SR 1568 (New River Inlet Road) from the intersection with Highway 210 to a point 3.92 miles northeast of that intersection at speeds in excess of 45 mph.
   (c)   Penalty. Violation of this section shall be punishable as set out in G.S. Ch. 20, as it may be amended from time to time.
(Ord. passed 10-24-1996)
§ 6-75  SPEED LIMIT ON TOPSAIL ROAD.
   The speed limit on Topsail Road (SR 1583) is hereby decreased from 35 mph to 25 mph.
(Ord. 2013-2, passed 5-2-2013)
§ 6-76  SPEED LIMIT ON RIVER ROAD AND RIVER DRIVE.
   The speed limit on River Road and River Drive is hereby decreased from 35 mph to 20 mph.
(Ord. 2013-6, passed 9-5-2013)
§ 6-77 SPEED LIMIT ON ROADS IN CAPE ISLAND SUBDIVISION.
   The speed limit on roads within Cape Island subdivision is decreased to 15 mph.
(Ord. 2014-10, passed 10-2-2014; Ord. 2017-7, passed 7-5-2017)
§ 6-78  SPEED LIMIT ON ROADS IN THE OCEAN CITY NEIGHBORHOOD.
   The speed limit on the following roads within the Ocean City neighborhood is decreased to 25 mph.
 
Carver Street
Chestnut Street
Gray Street
Green Street
Ocean Drive
 
 
(Ord. 2015-6, passed 7-2-2015)
§ 6-79  SPEED LIMIT ON TOWN-OWNED SIDE STREETS.
   The speed limit on the following roads within the town is decreased to 20 mph:
 
Utopia Lane
Bird Lane
Seashore Drive
Sandlin Street
Makepeace Street
Haven Drive
Reeves Street
24th Avenue
23rd Avenue
22nd Avenue
21st Avenue
18th Avenue
17th Avenue
16th Avenue
15th Avenue
14th Avenue
13th Avenue
12th Avenue
11th Avenue
10th Avenue
9th Avenue
8th Avenue
7th Avenue
6th Avenue
5th Avenue
4th Avenue
3rd Avenue
2nd Avenue
Osprey Drive
Osprey Circle
Mason Court
Sea Dunes Court
Goldsboro Lane
Bay Court
Marina Way
Tradewinds Drive
Bay Circle
Bayview Drive
Grant Drive
Porposie Place
Bottlenose Drive
Port Drive
Coastal Drive
Oyster Lane
Gysgt DW Boatman Drive
 
(Ord. 2015-8, passed 8-6-2015)
§ 6-80  RESERVED.
ARTICLE V.  STOPPING, STANDING AND PARKING
DIVISION 1.  GENERALLY
§ 6-81  EMERGING FROM ALLEYS OR PRIVATE DRIVEWAYS.
   The driver of a vehicle shall sound his or her horn while emerging from an alley, driveway or building; shall stop such vehicle immediately prior to reaching the sidewalk, or the sidewalk areas extending across any alleyway; and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on such roadway.
(Ord. passed 6-5-1991)
§ 6-82  STOPPING IN STREETS PROHIBITED; EXCEPTIONS.
   No vehicle shall stop in any street, except for the purpose of parking as prescribed in this chapter, unless such stop is made necessary by the approach of fire apparatus, by the approach of a funeral or other procession which is given right-of-way, by the stopping of a public conveyance, by the lowering of railway gates, by being given countermanding traffic signals, by the passing of some other vehicle or a pedestrian, or by some emergency; in all cases covered by these exceptions such vehicles shall stop so as not to obstruct any footway, pedestrian aisle, safety zone, crossing or street intersection if it can be avoided.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-83  LIGHTS ON PARKED VEHICLES.
   Parking lights upon a vehicle, when such is lawfully parked at night on a street, in accordance with this article, shall not be required except where specifically demanded by the town.
(Ord. passed 6-5-1991)
§ 6-84  PARKING FOR CERTAIN PURPOSES PROHIBITED.
   (a)   No person shall stand or park a vehicle upon any street for the principal purposes of:
      (1)   Displaying it for sale;
      (2)   Washing, greasing or repairing such vehicle, excepting repairs necessitated by an emergency;
      (3)   Storage thereof by garages, dealers or other persons;
      (4)   Storage of any detached trailer or van, when the towing unit has been disconnected;
      (5)   Transferring merchandise or freight from one vehicle to another; or
      (6)   For the primary purpose of advertising.
   (b)   It shall be unlawful for any person to park or place upon or in any area used or maintained for park purposes in the town a motor vehicle for the purpose of waxing, cleaning or repairing the vehicle. It shall be unlawful for any person to wax, clean or repair a motor vehicle in or upon any area in the town used or maintained by the town for park purposes. Any person found guilty of violating this subsection (b) may be fined not more than $500 or imprisoned not more than six months. Each violation shall constitute a separate offense.
(Ord. passed 6-5-1991)
§ 6-85  PROHIBITED AT CERTAIN PLACES.
   (a)   No person shall stop, stand or park a vehicle, except when conflict with other traffic is imminent or when so directed by a police officer or traffic-control device, in any of the following places:
      (1)   On a sidewalk;
      (2)   Within an intersection;
      (3)   On a crosswalk;
      (4)   Grade crossing approaches. No vehicle shall park on either side of any street leading to a grade crossing, within 50 feet of the closest rail; provided, that where existing permanent structures are located closer than 50 feet, parking may be permitted in front of such structures unless otherwise prohibited and if such parking does not block the view in either direction of the approach of a locomotive or train;
      (5)   Alongside or opposite any street excavation or obstruction if such stopping, standing or parking would obstruct traffic;
      (6)   Upon any bridge or other elevated structure or within any underpass structure;
      (7)   Within 15 feet in either direction of the entrance to a hotel or any public building;
      (8)   On the roadway side of any vehicle stopping, standing or parking at the edge or curb of a street;
      (9)   Within ten feet of any fire plug or hydrant;
      (10)   Within 15 feet of any intersection; or
      (11)   In front of any driveway.
   (b)   The Town Manager shall have the authority to mark off and designate areas within the town as “no parking” areas and shall be authorized to erect, have the State Department of Motor Vehicles to erect or contract with a public or private entity to erect such signs or notices as are necessary to identify such “no parking” areas. The Town Manager shall also be allowed to restrict the time of enforcement of said “no parking” areas. These “no parking” regulations within the town are hereby adopted pursuant to authority granted by the General Statutes and shall apply to all incorporated areas within the boundaries of the town.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-86  PUBLIC CONVEYANCES PROHIBITED EXCEPT IN DESIGNATED ZONES.
   Public conveyances shall not stop, stand or park in any street except within zones specifically designated by the Board of Aldermen to be used for such vehicles.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-87  MOVING VEHICLES INTO PROHIBITED AREA.
   No person shall move a vehicle not owned by such person into any prohibited area or sufficiently away from a curb to make such distance unlawful.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-88  RESIDENTIAL AREAS – DURATION.
   In residential areas of this town there shall be a limit of seven days’ parking by the owner, lessee or tenant of the premises, or of a visitor in the premises of the owner, lessee or tenant. Parking of motor vehicles of anyone other than the persons mentioned above in residential areas shall be limited to 24 hours. It shall be the duty and responsibility of any person cited for overtime parking in accordance with this subsection to prove to the satisfaction of the court hearing the case that he or she falls within one of the classes of persons mentioned herein.
(Ord. passed 6-5-1991)
§ 6-89  SAME – COMMERCIAL MOTOR VEHICLES.
   There shall be no parking or storage of commercial motor vehicles greater than five tons in residential areas, public parking areas and public streets, except for the purposes of loading and unloading of fuel, oil, goods, wares or merchandise.
(Ord. passed 6-5-1991; Ord. 2018-1, passed 1-11-2018)  Penalty, see § 1-5
§ 6-90  CONTINUOUS PARKING PERIOD DEFINED.
   A change of position of a vehicle from one point directly to another point, within the same block, shall be deemed one continuous parking period.
(Ord. passed 6-5-1991)
§ 6-91  IMPOUNDMENT – AUTHORIZED.
   Any motor vehicle found parked in violation of the provisions of this article may be towed or caused to be towed by the town or any police officer thereof to a storage site and shall be retained there until the owner of such vehicle pays all fines and costs imposed as a result of the violation of this article, and all towing, storing and advertising charges as provided for. The town or any police officer is further authorized to tow or cause to be towed and impound motor vehicles parked in loading and unloading zones that are not in the actual performance of loading and unloading, and in no parking zones.
(Ord. passed 6-5-1991)
§ 6-92  SAME – REDEMPTION.
   After storage, the owner of any motor vehicle seized may within ten days prove his or her ownership of such motor vehicle; and, upon such proof, such motor vehicle will be returned to such owner upon payment of reasonable towing and storage charges and other costs of seizure of such vehicle and all fines and costs imposed as a result of the violation of this article.
(Ord. passed 6-5-1991)
§ 6-93  SAME – EFFECT OF FAILURE TO REDEEM.
   If after ten days no proof of ownership is established, such motor vehicle seized under § 6-91 shall be sold at public auction at the Town Hall to the highest bidder for cash after first advertising such sale by posting a notice on the seized vehicle, on the Town Hall door, and in three other public places in the town for 20 days; and out of the proceeds of such sale all costs and charges due for towing, storage and the expenses of seizure and sale of such vehicle or other motor vehicle shall be paid; and the surplus, if any, shall be deposited with the Town Treasurer and held by him or her and paid to the owner of such motor vehicle upon proof of ownership.
(Ord. passed 6-5-1991)
§§ 6-94 – 6-100  RESERVED.
DIVISION 2.  PROHIBITED, RESTRICTED ON CERTAIN STREETS
§ 6-101  DESIGNATION OF NO PARKING AREAS.
   When signs are placed, erected or installed giving notice thereof, or the curbing has been painted yellow or red in lieu of such signs, no person shall park a vehicle at any time in any zone designated as a no parking zone, as provided in § 6-51. In the event that parking is prohibited in such zone only between certain hours, this section shall apply only between such hours, as indicated on the signs erected in such zone. Such zones shall be clearly and distinctly marked and indicated upon the official traffic-control and parking regulation signs, markings and other devices map on file in the office of the Police Department.
(Ord. passed 6-5-1991)
§ 6-102  PARKING IN LIMITED PARKING ZONE.
   Whenever a parking zone is designated in accord with § 6-51, limiting the time or conditions under which such vehicle may be parked, no person shall park any vehicle in such zone except in accord with the signs and markings erected therein. Such zones shall be clearly and distinctly marked and indicated upon the official traffic-control and parking regulation signs, markings and other devices map on file in the office of the Police Department. A change of position of a vehicle from one point directly to another point in the same block shall be deemed one continuous parking period.
(Ord. passed 6-5-1991)  Penalty, see § 1-5
§ 6-103  NO PARKING AREA DESIGNATED.
   Parking is prohibited along both shoulders of SR 1568 (New River Inlet Road) from its intersection with NC 210 to River Drive (approximately 5.317 miles). This no parking area shall be enforced by law enforcement officers of the town and effective upon the erection of proper signs which indicate the no parking area.
(Ord. 2012-4, passed 7-5-2012)
§§ 6-104 – 6-110  RESERVED.
ARTICLE VI.  BICYCLES
§ 6-111  OBSERVANCE OF TRAFFIC REGULATIONS.
   Any person operating a bicycle shall be required to observe traffic-control signals in the same manner as is required of motor vehicles and shall also be required to have such bicycle under complete control before entering any arterial highway within the town.
(Ord. passed 6-5-1991)