NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 55

HOUSE BILL 108

 

 

AN ACT GRANTING POWER AND AUTHORITY TO THE GOVERNING BODY OF THE CITY OF WASHINGTON TO PROVIDE BY ORDINANCE REGULATIONS FOR THE USE BY VEHICLES OF MUNICIPALLY OWNED OFF-STREET PARKING FACILITIES, AND OF OFF-STREET PUBLICLY OWNED PARKS AND GROUNDS OCCUPIED BY PUBLIC BUILDINGS, THE USE BY VEHICLES OF PRIVATELY OWNED AREAS FOR PUBLIC STREET PURPOSES, THE REMOVAL OF VEHICLES FROM ON-STREET PLACES UNDER CERTAIN CONDITIONS, AND TO PRESCRIBE AND ENFORCE CRIMINAL PENALTIES FOR VIOLATION OF SUCH ORDINANCES.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Governing Body of the City of Washington is hereby granted the power and authority to enact ordinances for the regulation of the use by vehicles of

(a)       Municipally owned off-street parking areas and facilities

(b)       Off-street publicly owned parks, outdoor recreation areas, and yards and grounds occupied by public buildings

(c)       Privately owned areas permissively used by the general public for street purposes.

Sec. 2. In the exercise of the power and authority granted by Section 1 hereof, said governing body shall have full power and authority to make and provide criminal penalties for violations of such ordinances, not exceeding the penalties provided by general law for the violation of city ordinances: Provided, however, said governing body is hereby granted power and authority, in addition to the foregoing, to provide that such vehicles in violation of parking regulations at any of the places included within the authority designated in Section 1 hereof may be towed away and the owner or person responsible therefor required to pay the resulting towing and storage charges.

Sec. 3. The Governing Body of the City of Washington is hereby granted the power and authority to provide by ordinance that vehicles stalled, wrecked, abandoned, or illegally parked upon any of the public streets of the City of Washington may be removed therefrom by having the same towed away to such off-street or other on-street place as may be designated by said governing body, and to require that the owner or person, firm, or corporation responsible for said vehicle so stalled, wrecked, abandoned or illegally parked be required to pay the towing and storage charges accruing from such removal, and the ownership of such vehicle as established by its registration with the North Carolina Department of Motor Vehicles shall be prima facie evidence as to the person, firm or corporation so responsible; and in the carrying out of the provisions set forth in Section 2 and in this Section relating to the removal and storage of vehicles, said governing body is hereby fully authorized and empowered to provide such towing and storage facilities by and through its own forces, equipment, and property as well as by contract with independent towing and storage contractors and operators, and said governing body may appropriate and use reasonable sums of public funds to defray the necessary expenses thereof.

Sec. 4. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 10th day of March, 1959.