(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVEWAY. Any private drive, residential or otherwise, or public drive serving any business, governmental purpose or otherwise, or public drive serving any property, the purpose of which is to provide access to and from any street as defined below.
STREET. Any street right-of-way, road right-of-way or highway right-of-way within the corporate limits of the town that is considered a part of the state or the county or town system of roads or streets.
(B) (1) The entrance to any driveway leading to and from and providing access to and from any street shall not be obstructed or partially obstructed or blocked by any vehicle parked within the street so as to prohibit free and ready and immediate access in and out of such driveway. The point of intersection by any such driveway with any such street, for the entire width of the driveway at the point of intersection, and including such area within the street as is required for entry and exit to and from the driveway is hereby deemed a no parking and tow-away zone and is deemed illegal.
(2) The purpose of this section is that the best interest, health and welfare of the residents of the town be maintained for their free passage from and access to their residences and properties, as well as for the free and unrestricted access of and by emergency vehicles, i.e., fire trucks, ambulances and law enforcement vehicles.
(3) This division (B) shall not be construed to apply when the driver of a vehicle is otherwise directed by a police officer, or when an exception is granted to the driver of an authorized emergency vehicle as from time to time defined by state law. See G.S. § 20-156, which is incorporated herein by reference.
(C) Any resident or property owner within the town who makes request for enforcement of this section and who notifies the Town Clerk, Chief of Police or other police officer or other town official that the driveway of his or her property is obstructed or blocked by another vehicle as hereinabove defined, shall thereby invoke the purpose and intent of this chapter, and it shall be the duty of the Chief of Police or other peace officers of the town to immediately investigate the request and violation complained of, and if such violation is found to be still existing at that time, to tow or have towed such illegally parked vehicle to the Town Hall or other designated place at the sole cost and expense of the owner or operator thereof, such vehicle not to be released to the operator or owner until such expense is paid in full, plus any storage charges.
(D) The person actually operating or in control of the operation of the vehicle at the time that such vehicle is parked shall be charged with the duty of complying with the provisions of this section, provided that the proof of ownership of any vehicle found parked in violation of this section shall be prima facie evidence that the owner parked the vehicle.
(Prior Code, § 72.32) (Ord. passed 9-4-1990) Penalty, see § 72.99