(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HIGHWAY or STREET. The entire width between property or right-of-way lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The term HIGHWAY or STREET or a combination of the two shall be used simultaneously.
MOTOR VEHICLE. Includes every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle. Excepted from the term MOTOR VEHICLE will be lawn mowers and farm tractors when being driven to and from a work site.
PUBLIC VEHICULAR AREA.
(a) Any area within the town that is generally open to and used by the public including, by way of illustration and not limitation, any drive, driveway, road, roadway, street, alley, or parking lot upon the grounds or premises of:
1. Any school, orphanage, church, or any of the institutions, parks, or other facilities maintained and supported by the town, county, or state or any of its subdivisions;
2. Any service station, drive-in theater, supermarket, store, restaurant, or office building or any other business, residential, or municipal establishment providing parking space for customers, patrons, or the public; or
3. Any property leased by the town or of which the town is in lawful possession thereof.
(b) The term PUBLIC VEHICULAR AREA includes any road open to vehicular traffic within or leading to a subdivision for use by subdivision residents, their guests, and members of the public, whether or not the subdivision roads have been offered for dedication to the public.
(B) Unlawful permission by guardian. It shall be unlawful for any parent, guardian, or person standing in loco parentis to knowingly permit his or her child under the age of 16 years to have the possession, custody, or use in any manner whatsoever of any motor vehicle within the town limits except when such child is under the supervision of the parent, guardian, or person standing in loco parentis; it shall be unlawful for any other person to knowingly furnish such child a motor vehicle for use when such child is not under the supervision of his or her parent, guardian, or person standing in loco parentis. This section shall not apply when said child is in possession of an operator’s permit or license recognized as valid by the laws of the state.
(C) Unlawful possession or use. It shall be unlawful for any person who is under the age of 16 years to have the possession, custody, or use, in any manner whatsoever, of any motor vehicle within the town limits except when such person is under the supervision of his or her parent, guardian, or person standing in loco parentis unless such person shall have an operator’s license or permit recognized as valid by the laws of the state.
(D) Unlawful operation in public areas. It shall be unlawful for any person who is under the age of 16 years to operate a motor vehicle upon any highway or public vehicular area within the town unless in possession of an operator’s license or permit recognized as valid by the laws of the state.
(E) Unlawful operation on real or personal property. It shall be unlawful for any person who is under the age of 16 years to operate a motor vehicle upon any real or personal property which neither he or her nor his or her parent, guardian, or person standing in loco parentis owns without the prior consent of the owner or other person in lawful possession of said property.
(Prior Code, § 26-5) (Ord. 8-86, passed 9-9-1986) Penalty, see § 70.99
Statutory reference:
Related provisions, see G.S. §§ 20-4.01, 20-27(d), and 20-27(d)(1)