NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 398

HOUSE BILL 430

 

 

AN ACT TO PROVIDE FOR TRAFFIC CONTROL AUTHORITY TO RELIGIOUS ORGANIZATIONS AND ASSEMBLIES ON PROPERTY OWNED OR LEASED.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 61 of the General Statutes is hereby amended by adding a new section to be designated G.S. 61-7 and to read as follows:

"§ 61-7.  Governing body of assembly authorized to adopt traffic regulations. — (a) The governing body of any religious organization or assembly may by appropriate resolution establish rules and regulations with respect to the use of the streets, roads, alleys, driveways, and parking lots on the grounds or premises owned or under the exclusive control of such organization, and it shall be unlawful for any person to park a motor vehicle or other vehicle on the streets, roads or on the premises of a religious assembly where parking has been prohibited by the religious assembly by the erection of 'No Parking' signs at each space on the street, road or on the premises where parking is prohibited. Each space in which parking is prohibited shall be clearly designated as such by a sign no smaller than 24 inches by 24 inches. All rules and regulations adopted pursuant to the authority of this section shall be recorded in the proceedings of said governing body and copies thereof shall be filed in the office of the Secretary of State of North Carolina.

(b)        It shall be unlawful for any person to park a motor vehicle or other vehicle in a parking space on the streets, roads, or premises of a religious assembly where the parking space has been designated by the religious assembly as being limited to a named individual or to a person holding a named position with the assembly; provided, that such private parking space or private parking lot be clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at the entrance to the parking lot, if within a parking lot, and provided further that the private parking spaces within the lot or the private parking spaces on the streets, roads or on the premises of the religious assembly be clearly marked by signs setting forth the names of each individual for whom the space is reserved or the name of the position held with the assembly for which space is reserved.

(c)        It shall be unlawful for any person to park a motor vehicle or other vehicle on the streets or roads of a religious assembly, except where parking is expressly designated, so as to interfere with, or obstruct the free flow of vehicular traffic on the streets or roads within the assembly grounds.

(d)        It shall be unlawful for any person to park a motor vehicle or other vehicle at the entrance to any driveway on the grounds of a religious assembly so as to block the driveway.

(e)        Any vehicle parked in violation of paragraphs (a), (b), (c), or (d) may be removed by the assembly, or its agents, or its employees to a place of storage and the registered owner of such motor vehicle shall become liable for removal and storage charges. The assembly, nor any party acting under the directions of the assembly, shall be held to answer any civil or criminal action to any owner, lienholder, or other person legally entitled to the possession of any motor vehicle removed from such parking space or parking lot pursuant to paragraphs (a), (b), (c), or (d) except where such motor vehicle is willfully, maliciously or negligently damaged in the removal from the aforesaid space to place of storage.

(f)         A 'religious assembly' is defined as being a corporation or association formed for the purpose of providing a resort community for religious and recreational purposes and where the streets and roads are solely maintained by the religious assembly without governmental funds."

Sec. 2.  G.S. 14-401.9 is hereby amended by striking the second paragraph thereof which reads, "The provisions of this section shall only apply to parking spaces located within the corporate limits of municipalities."

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 17th day of May, 1977.