(B) Violations of Chapter 71 of this traffic code. Whoever shall violate any provision of Chapter 71 for which no other penalty is provided shall be, upon conviction, guilty of a misdemeanor and subject to a fine not to exceed $50 or imprisonment not to exceed 30 days. Each day that any of the provisions of this traffic code are violated shall constitute a separate offense.
(Prior Code, § 72.99)
(C) Violations of § 71.04(D) of this traffic code.
(1) The offender is subject to a civil penalty in the amount of $25. Pursuant to G.S. § 160A-175, criminal penalties for violation of § 71.04(C) of this traffic code, as set out in G.S. § 14-4, are hereby removed. Civil penalties may be recovered by the town in a civil action in the nature of debt or may be collected in other amounts as prescribed herein with the prescribed time following the issuance of notice or citation for the violation.
(2) Whenever a member of the Police Department finds that any of the provisions of § 71.04(D) of this traffic code are being or have been violated by the owner or operator of any vehicle, the officer shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice or citation in a form as the Finance Director of the town may direct.
(3) The parking violation notice or citation shall, among other things:
(a) State upon its face the amount of the penalty for the specific violation if the penalty is paid within 48 hours from and after the violation;
(b) Notify the offender that a failure to pay the penalty within 30 days from the violation shall subject the offender to an additional late penalty in the amount of $20;
(c) Notify the offender that a failure to pay the penalty within the prescribed time may subject the offender to a civil action in the nature of the debt for the stated penalty, plus an additional penalty in the amount of $35, together with the cost of the action to be taxed by the Court;
(d) Further provide that the offender may answer the parking citation by mailing the citation and the stated penalty to 316 East Murray Street, Wallace, NC 28466, or may pay the amount at the Town Hall at the same address and that, upon payment the case or claim and right of action by the town, will be deemed compromised and settled; and
(e) The penalty must be paid within 48 hours of the issuance of the citation. The notice shall further state that if the parking violation citation is not cleared within 48 hours, Court action, by the filing of a civil complaint for collection of the penalty, may be taken. As used upon the parking violation citation, the word CLEARED shall mean either:
1. Payment;
2. Arrangement for payment to be made; or
3. A prima facie showing that the parking citation was received as a result of mistake, inadvertence or excusable neglect.
(4) The Town Manager or designee is authorized to accept payments in full and final settlement of the claim or claims and/or right or rights of action which the town may have to enforce the penalty of 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.
(5) Penalties shall be as follows.
(a) A delinquent penalty of $20, in addition to the $25 penalty imposed for payment within 48 hours, shall apply in those cases in which the penalties as set forth above have not been paid within 30 days from the date of the violation.
(b) A penalty of $35, in addition to the $25 penalty imposed for payment within 48 hours and the $20 delinquent penalty, shall apply to those cases in which the penalties as set forth above have not been paid within the prescribed period of time and in which a civil action has been instituted.
(6) All penalties paid to the town or as may be recovered in a civil action in the nature of debt as herein provided shall be paid into the General Fund of the town at a time and under regulations as may be prescribed by the Finance Director.
(2) Any person who knowingly allows a driver less than 16 years of age to operate a golf cart shall be charged and subject to the penalties prescribed in state law for contributing to the delinquency of a minor.
(5) Operating a golf cart under the influence of an impairing substance (such as alcohol or drugs) on a public street is a violation of state law, and is punishable as provided therein. See G.S. Chapter 20.
(6) The Police Chief or designee may refuse to register and issue a permit for the operation of a golf cart or may immediately revoke a previously issued permit, if the registered golf cart and/or the owner of the golf cart is involved in three or more violations of §§ 72.01 through 72.07 of this traffic code and/or violations of state law within a three-year time period. Said revocation and/or denial of a permit shall be effective for one year.
(7) The Police Chief or designee may refuse to register and issue a permit for the operation of a golf cart or may immediately revoke a previously issued permit, if the registered golf cart and/or the owner of the golf cart is charged with operating a golf cart under the influence of an impairing substance, aiding, and abetting the operation of the golf cart under the influence of an impairing substance or operating a golf cart in a careless and reckless manner. Said revocation and/or denial of a permit shall be effective for one year, unless the charge is dismissed or the owner and/or operator is acquitted, in which event the permit shall either be immediately reinstated or the application for the permit shall be approved if the conditions of the ordinance have been met.
(8) All revocation periods shall be effective from the date of the notification of revocation letter, provided that the revoked registration decal or plate has been removed within 14 days of the date of notification. If the revoked registration decal is not removed within 14 days, then the revocation shall be effective; however, the one-year period shall not begin until the date the registration decal/plate is surrendered to or seized by the Police Department.
(E) Violations of Chapter 73, Schedule I, of this traffic code. Violations shall constitute an infraction in accordance with G.S. Chapter 20, specifically G.S. §§ 20-141 and 20-176.
(Prior Code, Chapter 73, Schedule I)
(F) Violations of Chapter 73, Schedule III, of this traffic code. Any driver violating Chapter 73, Schedule III, of this traffic code shall be charged with a moving violation pursuant to G.S. Chapter 20.
(Prior Code, Chapter 73, Schedule III)
(G) Violations of Chapter 73, Schedule VI, of this traffic code. Any person violating the provisions of Chapter 73, Schedule VI, of this traffic code shall be deemed guilty of a misdemeanor and punished by a fine of not more than $50 or imprisoned for a period not to exceed 30 days or both within the discretion of the Court.
(Prior Code, Chapter 73, Schedule VI)
(Ord. passed 7-10-1987; Ord. passed 7-12-2019; Ord. passed 5-14-2020; Ord. passed 6-11-2020)
Statutory reference:
Related provisions, see G.S. Chapter 20 and §§ 14-4, 20-141 and 20-176