NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 533

HOUSE BILL 535

 

AN ACT AUTHORIZING THE BURKE COUNTY PUBLIC SCHOOLS BOARD OF EDUCATION TO REGULATE TRAFFIC AND PARKING ON LANDS OWNED BY THE SAID BOARD.

 

The General Assembly of North Carolina enacts:

 

Section 1. Except as otherwise provided in this act all of the provisions of Chapter 20 of the General Statutes relating to the use of highways of the State and the operation of motor vehicles and other modes of transportation thereon are applicable to all streets, alleys, driveways, and parking lots belonging to or under the control of or in the possession of the Burke County Public Schools Board of Education. Nothing in this act modifies any rights of ownership or control of Burke County Public Schools Board of Education property, now or hereafter vested in the Burke County Public Schools Board of Education.

Sec. 2. The Burke County Public Schools Board of Education and each succeeding board, may by ordinance prohibit, regulate, divert, control, and limit pedestrian, animal, or vehicular traffic and other modes of conveyance on its campuses in Burke County, North Carolina, and may regulate the parking of motor vehicles and other modes of conveyance on said campuses. In fixing speed limits, the Burke County Public Schools Board of Education is not subject to G.S. 20-141(f1) or (g2), but may fix any speed limit reasonable and safe under the circumstances as conclusively determined by the Burke County Public Schools Board of Education. The board may not regulate traffic on streets open to the public as of right, except as specifically provided herein.

The Burke County Public Schools Board of Education, may by ordinance prohibit, regulate, divert, control and limit pedestrian, animal, vehicular traffic or other modes of conveyance on all areas of its campuses, including but not limited to driving ranges, athletic fields, practice fields, tennis courts, lawns, and undeveloped areas.

The Burke County Public Schools Board of Education may, by ordinance provide for the registration of motor vehicles maintained and operated on its campuses by any student, faculty member, or employee of the Burke County Public Schools Board of Education, and may fix fees for registration. The ordinance may make it unlawful for any person to operate an unregistered motor vehicle on the campus when the vehicle is required by the ordinance to be registered.

The Burke County Public Schools Board of Education may by ordinance set aside parking lots and other parking facilities on its campuses for use by students, faculty, and employees of the Burke County Public Schools Board of Education and members of the general public attending schools, conferences, athletic events, or meetings on said campuses, or other persons visiting, or making use of any Burke County Public School facility, or attending to official business with the Burke County Public Schools Board of Education. The Burke County Public Schools Board of Education may issue permits to park in such lots and may charge a fee therefor. The Burke County Public Schools Board of Education may also, by ordinance, make it unlawful for any person to park a motor vehicle or operate a motor vehicle or other mode of conveyance in any lot or other parking facility without procuring the requisite permit and displaying it on said vehicle or other mode of transportation.

The Burke County Public Schools Board of Education may, by ordinance, set aside spaces in designated parking areas or facilities in which motor vehicles may be parked for specified periods of time. To regulate parking in such spaces, the Burke County Public Schools Board of Education may install a system of parking meters and make it unlawful for any person to park a motor vehicle in a metered space without activating the meter for the entire time that the vehicle is parked, up to the maximum length of time allowed for that space. The Burke County Public Schools Board of Education may install gates, employ attendants, and use any other device or procedure to control traffic on its campuses, and to collect fees for using its parking areas and facilities.

The board may by ordinance provide for the issuance of stickers, decals, permits, or other indicia representing the registration status of vehicles or the eligibility of vehicles to park on the campus and may by ordinance prohibit the forgery, counterfeiting, unauthorized transfer, or unauthorized use of them.

Sec. 3. Violation of an ordinance adopted under any portion of this act is a misdemeanor punishable by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than 30 days, in the discretion of the court. An ordinance may provide that certain acts prohibited thereby shall not be enforced by criminal sanctions, and in such cases a person committing any such act shall not be guilty of a misdemeanor.

Sec. 4. An ordinance adopted under any portion of this act may provide that violation subjects the offender to a civil penalty. Penalties may be graduated according to the seriousness of the offense or the number of prior offenses by the person charged. The Burke County Public Schools Board of Education may establish procedures for the collection of these penalties and they may be enforced by civil action in the nature of debt. The Burke County Public Schools Board of Education may also provide for appropriate administrative sanctions if an offender does not pay a validly due penalty or upon repeated offenses. Appropriate administrative sanctions include, but are not limited to, revocation of parking permits, termination or suspension of an enrollment in or employment by the Burke County Public Schools Board of Education.

Sec. 5. An ordinance adopted under any portion of this act may provide that any vehicle illegally parked may be removed to a storage area. The cost of any such removal constitutes a lien on the vehicle that may be enforced in the manner provided by law for enforcement of mechanics' and materialmen's liens.

Sec. 6. Evidence that a motor vehicle was found parked or unattended in violation of an ordinance of the Burke County Public Schools Board of Education is prima facie evidence that the vehicle was parked by:

(1)       The person holding a Burke County Public Schools Board of Education parking permit for the vehicle, or

(2)       If no Burke County Public Schools Board of Education parking permit has been issued for the vehicle, the person in whose name the vehicle is registered with the Burke County Public Schools Board of Education, or

(3)       If no Burke County Public Schools Board of Education parking permit has been issued to the vehicle and the vehicle is not registered with the Burke County Public Schools Board of Education, the person in whose name it is registered with the North Carolina Department of Motor Vehicles, or the corresponding agency of another state or nation.

The rule of evidence established by this subsection applies only to civil, criminal, or administrative actions or proceedings concerning violations of ordinances of the board of education. G.S. 20-161.1 does not apply to such actions or proceedings.

Sec. 7. The Burke County Public Schools Board of Education shall cause to be published in the newspaper of general circulation in Burke County each ordinance and amendment thereto adopted by the board pursuant to this section, and shall cause the same to be made available or posted in at least one building on each campus of the Burke County School System.

All ordinances adopted pursuant to this section shall be recorded in the minutes of the Burke County Public Schools Board of Education and copies thereof shall be filed in the office of the Superintendent of the Burke County Public Schools Board of Education. The board shall provide for printing and distributing copies of its traffic, parking and other ordinances.

Sec. 8. Any monies that may be received pursuant to this section shall be placed in a trust account administered by the Burke County Public Schools Board of Education and may be used for the following purposes:

(1)       To defray the cost of administering and enforcing ordinances adopted under this Part;

(2)       To develop, maintain, and supervise parking areas and facilities.

Sec. 9. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 10th day of June 1975.