(A) (1) General. It shall be a violation of this division (A) for any person, firm or corporation to park, or allow the parking of any motor vehicle between duly erected municipal signs indicating “No Parking”, or words of like imports, such signs to be erected from time to time as directed by the Board of Aldermen of the town; provided that, a list of the areas so designated shall be maintained at all times by the Town Clerk, and to be amended as the Board of Aldermen direct. Such areas of designation are as follows:
(a) North side of West Hargett Street, from the intersection of Wilmington Street to the intersection of Academy Street;
(b) South side of West Foy Street from North Wilmington Street, to a point 350 feet west, on West Foy Street;
(c) Both sides of Franck Street from Cox Street to U.S. 258; and
(1987 Code, § 7-1-10)
(d) Both sides of Trenton Street from Hargett Street to Foy Street.
(2) Same, specified periods.
(a) In addition to division (A)(1) above, it shall a violation of this division (A) for any person, firm or corporation to park, or allow the parking of any motor vehicle between duly erected municipal signs which indicate that parking during specified times is prohibited; provided that:
1. Such parking takes place between the times specified by such duly erected signs; and
2. A list of the areas so designated shall be maintained at all times in the office of the Town Clerk, stating the hours in which parking shall not occur, and to be amended as the Board of Aldermen may direct.
(b) Such areas are as follows:
1. Both sides of Onslow Street from Foy Street to Hargett Street between 7:00 a.m. and 8:30 a.m., and again from 2:00 p.m. to 3:30 p.m.;
2. South side of Foy Street from the intersection of the eastern curb of Nicholson Street with the southern curb of Foy Street eastwardly 0.21 miles between 7:30 a.m. and 8:30 a.m., and again from 2:30 p.m. to 3:30 p.m.
(1987 Code, § 7-1-11)
(3) Handicapped spaces. It shall be a violation of this division (A) for any person, firm or corporation to park, or allow to be parked, any vehicle in a parking space which has been designated and properly marked as reserved to handicapped use, unless such vehicle has a distinguishing plate or placard issued under authorization of the state or any other state in the United States.
(1987 Code, § 7-1-12)
(4) Parking at fire hydrants. It shall be a violation of this division (A) for any person, firm or corporation to park, or allow to be parked, any vehicle within ten feet of any fire hydrant which is installed as part of the town or any other water system.
(1987 Code, § 7-1-13)
(5) Parking near intersections. It shall be unlawful for any person, firm or corporation to park, or allow to be parked, any vehicle within 25 feet of any intersection within the town, except as limited hereafter. Due to lack of visibility, it shall be unlawful for any person, firm or corporation to park, or allow to be parked, any vehicle within 25 feet of the intersection of North Wilmington Street and Foy Street.
(1987 Code, § 7-1-14)
(6) Time limited parking. It shall be a violation of this division (A) for any person, firm or corporation to park, or allow to be parked, any vehicle for a period longer than may be indicated in a space duly marked with appropriate signs as may be erected under the direction of the Board of Aldermen. A list of such parking areas shall be maintained in the office of the Town Clerk, and amended and updated as the Board of Aldermen may direct. Such areas are as follows:
(a) Two hour parking shall exist in the following locations:
1. Designated parking spots numbered one through 12 on the south side of West Hargett Street between the hours of 8:00 a.m. and 5:00 p.m;
2. Designated parking spots numbered eight through 15 on the east side of Wilmington Street between the hours of 8:00 a.m. and 5:00 p.m.; and
3. Designated parking spots numbered 21 and 22 on North Wilmington Street between the hours of 8:00 a.m. and 5:00 p.m.
(b) 1. Loading and unloading zones are designated in the following locations:
2. North side of West Hargett Street between designated parking spots numbered three through 12.
(1987 Code, § 7-1-15)
(7) Parking facing oncoming traffic. It shall be a violation of this division (A) for any person, firm or corporation to park, or allow to be parked, any vehicle in a manner in which said vehicle is facing on-coming traffic in the immediately adjacent lane of traffic; this provision to apply to the portion of Hargett Street between Modern Tractor Company and Wilmington Street, and on Wilmington Street between Foy Street and Franck Street.
(1987 Code, § 7-1-16)
(8) Parking of oversized vehicles. It shall be unlawful to park any motor vehicle in excess of 80 inches in width or in excess of 30 feet in length, or any vehicle with two or more axles, or any trailer, on the streets within the corporate limits of the city at any time, except when engaged in loading and unloading, for emergency services or for temporary use at construction sites during the period of active construction.
(1987 Code, § 7-1-17)
(9) Additional restrictions. 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:
(a) On a sidewalk;
(b) Within an intersection;
(c) On the roadway side of any vehicle stopping, standing or parking at the edge or curb of a street; or
(d) In front of or in an area that would deny access to a permitted driveway.
(10) Notice to violator. Whenever a member of the Police Department of the town or other person charged by the Town Administrator to enforce the provisions of this division (A) shall find that any of the provisions of the parking ordinances are being, or have been, violated by the owner or operator of any vehicle, such officer or person shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice in such form as the Town Administrator may direct.
(1987 Code, § 7-1-18)
(11) Contents of notice. Such parking violation notice stated in division (A)(10) above shall, among other things, state upon its face the amount of the penalty for the specific violation and indicate the graduated penalties which are imposed for failure to pay within the times established in this division (A); notify the offender that a failure to pay the penalty within the last prescribed time established by this division (A) shall subject the offender to a civil action in the nature of debt for the applicable penalty together with the cost of the action to be taxed by the court; state that the offender may answer the town parking citation by mailing this citation and the stated penalty to Post Office Box 245, Richlands, North Carolina 28574 or may pay the amount at the Town Hall, Wilmington Street, Richlands, and that upon payment, the case or claim and right of action by the town will be deemed compromised and settled.
(1987 Code, § 7-1-19)
(12) Settlement of claim. The Town Administrator or his or her designated agent is authorized to accept payments in full and final settlement of claim or claims, right or rights of action which the town may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of contended violations. The Town Administrator or his or her designated agent may also settle any parking violation notice if he or she determines that the notice was received as a result of mistake, inadvertence or excusable neglect.
(1987 Code, § 7-1-20)
(13) Other remedies. Nothing in this division (A) is intended, nor shall be construed, to provide that a vehicle parked in violation of any ordinance regulating the parking of vehicles on public streets or parking areas may not be towed away in accordance with applicable statutes and ordinances.
(1987 Code, § 7-1-21)
(14) Fines to be paid to General Fund. All penalties paid to the town or as may be recovered in a civil action in the nature of debt, as provided in this division (A), shall be paid to the General Fund of the town.
(1987 Code, § 7-1-22)
(15) Penalty.
(a) Violations of the provisions of this division (A) shall subject the offender to a civil penalty, as hereinafter enumerated. These ordinances shall be referred to as parking ordinances. Civil penalties may be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 30 days of the issuance of notice as prescribed by this division (A). In accordance with G.S. § 160A-175(b), a violation of the parking ordinances shall not be considered a breach of the penal laws of the state.
(b) If any person shall violate a parking ordinance, he shall be responsible for an infraction and shall be required to pay a penalty of not more than $50.
(G.S. § 14-4)
(1987 Code, § 7-1-23)
(B) (1) Purpose. Pursuant to G.S. § 160A-301(d), this division (B) is enacted to provide for the enforcement of parking regulations governing the use of privately-owned public vehicular areas within the corporate limits of the town, in order to preserve the ownership rights of private individual owners of said areas and to provide for the general welfare of the town though the uniform and orderly regulation of private property opened to the public for limited purposes and for limited hours during the day.
(1987 Code, § 7-1-30)
(2) Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HOURS OF OPERATION. Those hours during which the business, to which the public use of privately-owned public vehicular areas is attached, is open to the public, as determined from time to time by the owner thereof.
LAW ENFORCEMENT OFFICER. A duly authorized police officer, full-time or auxiliary, of the town, either on duty or specifically authorized to enforce this division (B) while off duty by the Chief of Police or Board of Aldermen.
PARKING. The stationary location of a motor vehicle, whether attended or unattended, or whether in operation or not, upon a privately-owned public vehicular area, as hereinafter defined.
PRIVATELY-OWNED VEHICULAR AREA. All or part of the premises owned by a private individual, partnership or corporation, and which is used or dedicated for use as driveways, parking spaces or loading and unloading zones for use by guests or invitees of said owner in the operation of a business upon said premises, which areas are normally open to public use for the above stated purposes during the hours of business operation.
OWNER OF VEHICLE. The registered owner of the vehicle in question, or the authorized agent thereof.
(1986 Code, § 7-1-31)
(3) Prohibited; exceptions. It shall be unlawful for any person, firm or corporation to park, or allow to be parked, any vehicle owned by him, her or them, in or upon a privately-owned public vehicle area within the corporate limits of the town, without first securing the express prior permission and consent of the owner of said area, any time prior to 30 minutes before the opening or 30 minutes after the closing hours of the business to which the public use of said area is attached; provided that, this division (B) shall apply only to those businesses and privately-owned public vehicular areas where the owners or general managers of the business have requested in writing that the Chief of Police, enforce this regulation upon their property, and who have provided the Chief of Police with a list of hours of operation for the business to which the public use is attached. A list of such businesses shall be maintained as a separate schedule, and made a part of the official public records of the town; provided further that, any owner of a privately-owned vehicular area who requests such protection of this section in accordance with the terms herein stated, shall as a condition precedent to the enforcement of this division (B) upon his or her property, post notices at reasonable places upon his or her property stating the hours during which the public shall be prohibited form use of said privately-owned public vehicular areas.
(1987 Code, § 7-1-32)
(4) Penalty. Any vehicle found in violation of this division (B) shall be towed from said privately-owned vehicular area by a law enforcement officer, and stored by the town at the owner’s expense and the owner thereof, if convicted, shall be found guilty of a misdemeanor and shall pay a fine of up to $15, plus towing and storage cost, and/or imprisoned for not more than 30 days.
(1987 Code, § 7-1-33)
(5) Intent. It is not intended that this division (B) repeal, abrogate, annul, suspend impair or interfere with any existing ordinances of the town, or with alternate rights of owners of private property. However, where these regulations impose greater restrictions than those otherwise provided by law, the provisions of this division (B) shall govern.
(1987 Code, § 7-1-34)
(Ord. passed 2-19-1991; Ord. passed 5-11-1999; Ord. 2014-04, passed 10-14-2014; Am. Ord. 2022-02, passed 4-12-2022; Am. Ord. 2022-05, passed 6-14-2022; Am. Ord. 2024-09, passed 11-12-2024)