Legal Assistance
- How do I obtain worthless check
warrants?
- North Carolina Registered Sex
Offenders
- Getting a Domestic Violence
Protective Order
Laws and Town Ordinances
- What
are the curfew laws for Huntersville?
- Can
I practice shooting a firearm?
- When
does "noise" become a nuisance?
- Does
Huntersville have a leash law?
- Can I park here?
Directions
and Misc. Information
- Where can I find a local tag
office or drivers license office?
- Where can I find the jail,
courthouse or the
Mecklenburg County Sheriff's Office ?
- Telephone Listings
- Where can I get fingerprints done?
Before
a warrant will be issued by the magistrate for a worthless
check, several conditions and criteria must be met as set
forth by the Chief District Judge in this Judicial District.
They are as follows:
You
must mail the "Defendant" (the person whose signature
actually appears on the bottom right portion of the check)
a certified letter demanding payment in full within ten
(10) days. However, you will wait 15 days before
applying for the warrant, thereby giving appropriate time
for mail delivery and response time for the Defendant.
If
the defendant does not respond or the letter is returned
to you unclaimed, you must then bring to the magistrate:
1.
A copy of the letter and/or the envelope containing the
letter; and
2. The certified mail receipt; and,
3. The original check; and,
4. Your business Federal ID (or Social Security Number
if you are personally prosecuting.
You
will be asked by the magistrate to fill out a separate "Certification
Form" for each check received and you will be asked
to swear or affirm to the facts you are giving as this will
become testimony and evidence to present in court for the
prosecution. This certification requires the following
necessary information on each defendant: race, sex, date
of birth, drivers license number (including the state of
issuance), and a street address (post office box numbers
are not acceptable as a warrant cannot be served on a box).
It would also be helpful to have the defendant's place of
employment. Remember, the more information you can
give the magistrate about the defendant, the more likely
that the police department can find him/her and serve the
warrant, thereby making it more probably that you will receive
restitution for your losses.
If
you do not have all of the above required information, you
may go in person to the police department and they will
assist you in obtaining it. Do not call and seek
it over the phone because they are not permitted to give
it to you unless you are physically present.
When
filing out this paperwork, you must print legibly and neat
or the warrant will be refused. A warrant cannot be
typed if the information cannot be read with accuracy.
After
the magistrate issues the warrant, it is sent to the "Central
Warrant Repository" for storage. If you have
questions about the service of these or you find out a new
address, you need to contact the repository at (704) 336-6139.
Just remember, this repository does not arrest people or
serve warrants, they just store them. The local law
enforcement officers are responsible for finding and arresting
the defendants.
Don't
expect anyone to call you for at least 2-3 months.
After the person has been arrested and a trial date set,
the court will subpoena you. These subpoenas may be
served in person or over the phone by the Mecklenburg County
Sheriff's Department.
Do
not call the Magistrate about subpoenas or to find out if
the warrant has been served. They will not have this
information. If you want to find out if the person
has been arrested, you need to call the Clerk of Superior
Court at (704) 686-0600. However, do not call for
at least two months.
The
magistrate's office will accept checks Monday through Wednesday
from 8:00 a.m. until 4:00 p.m. only and will only accept
for prosecution those checks that have been marked "NSF"
(non-sufficient funds) or "ACCOUNT CLOSED" by
the banking institution. All checks marked "STOP
PAYMENT" will have to be pursued through the civil
magistrate. The civil court is located on the 2nd
floor of the courthouse. The phone number for this court is 704-686-0520.
Remember,
always demand payment in full. If you accept partial
payment of the amount owed, the matter becomes civil and
we will not issue a warrant for the remainder of monies
owed. You may charge a return check fee, however,
the warrant is only for the amount written on the check.
We cannot and will not make the defendant pay you
this fee.
If
you are seeking warrants for five or more worthless checks,
you will be given the warrant forms to fill out yourself.
After completed, bring the completed warrants back
to the Magistrate where the information will be checked
for accuracy. You will be sworn to it and the Magistrate
can sign the warrants and complete the process.
There
will be no excuses accepted or deviations from the aforementioned
conditions and criteria. The magistrate did not make
these rules, they are set out by N.C. General Statute and
the Chief District Judge.
However,
the Magistrate's office certainly appreciates your patience
and understanding in presenting this information correctly.
It makes our job easier but it also serves to get the person
arrested quicker, thereby recovering your losses.
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What are the curfew laws for Huntersville?
Reprinted directly
from the Town of Huntersville Ordinances, Section 10-3.
Child Safety.
(a) [Purpose.]
The purpose of this section shall be to establish a response
for the need to protect minors from being placed into dangerous
or vulnerable situations in the town. Unsupervised
minors are particularly vulnerable to being induced to participate
in drug abuse and other criminal activities during the nighttime.
Minors often lack the ability to make informed, mature decisions
when faced with the temptation to engage in criminal activities.
Also, it is important that parents be encouraged
to take an active role in the proper upbringing of their
children. Furthermore, there is a need to protect
businesses and other persons from vandalism committed by
minors. This section will assist parents in the difficult
task of child rearing and the town in regulating those activities
which are detrimental to the health, safety and welfare
of its citizens and to the peace and dignity of the town.
(b) Definitions.
As used in this section, the following definitions shall
apply:
(1) Public place. Any place which is generally
open to and used by the public, whether it be publicly or
privately owned, including, but not limited to, streets,
highways, public vehicular areas, places of business and
amusement, parks and other common areas open to the public.
(2) Custodian. A parent, guardian, step-parent,
foster parent, house parent, or other person legally responsible
for the care and custody of a minor as defined by this section.
(3) Minor. Any person who has not reached his
or her sixteenth birthday and is not married, emancipated,
or a member of the armed services of the United States.
(c) Time
limits. It is unlawful for any minor to be or remain
upon any public place as defined in this section within
the town or on any property or right-of-way belonging to
the town located outside the corporate limits of the Town
of Huntersville between the hours of midnight and five o'clock
a.m.
(d) Exceptions.
The restrictions provided by subsection (c) of this section
shall not apply to any minor who is:
- Accompanied
by his custodian as defined in subsection (b)(2) of this
section; or
- Accompanied
by a responsible person over 18 years of age who has the
written permission of the minor's custodian to have the
minor under his supervision; or
- Traveling
in connection with his employment, religious activity
or attendance at a function or activity sponsored by the
town or other governmental unit, school or other generally
recognized civic or community organization; or
- Temporarily
within the town or on town property while engaged in interstate
or similar point-to-point intrastate travel; or
- Attempting
to obtain assistance in a medical or other emergency.
(e) Responsibility
of adults. It is unlawful for any custodian to allow
or permit any minor to be in or upon or remain in or upon
a public place within the Town of Huntersville or on any
property or right-of-way belonging to the town and located
outside the corporate limits of the Town of Huntersville
within the curfew hours set by subsection (c) of this section,
except as provided in subsection (d) of this section.
(f) Responsibility
of business establishments. It is unlawful for any
person, firm or corporation operating a place of business
or amusement to allow or permit any minor to be in or upon
or to remain in or upon the premises of such place of business
or amusement within the child restraint hours set by subsection
(c) of this section, except as provided in subsection (d)
of this section.
(g) Enforcement.
- When a minor
is found to be in violation of this section, a police
officer will complete a miscellaneous incident report
(MI) using the ten code 10-48 (Child Safety Ordinance).
The officer without delay will take the juvenile to the
residence of his or her custodian. If the juvenile
is known to be a first offender, a written warning will
be issued to the custodian and an indication will be noted
on the miscellaneous incident report that such a warning
has been issued. The report shall include the name
of the juvenile and the custodian, the time, date and
location of the offense. The miscellaneous incident
report will be turned in to the police department with
the officers daily paperwork. The report will then
be entered into the computer system in the same manner
as all other miscellaneous incident reports.
- If the juvenile
is found to be a repeat offender, he or she will be taken
to the residence of his or her custodian and the custodian
may be issued a criminal citation charging him with a
violation of this section. The officer may use
his or her discretion in whether to issue a citation or
a written warning on this second offense, depending on
the apparent commitment of the custodian to prevent any
further violation, time between first and second offense,
or other mitigating factors determined to be present by
the investigating officer. Officer discretion may
also be used by the investigating officer to determine
whether repeat offenders should be treated as a delinquent
juvenile. A miscellaneous incident report will be
completed as outlined in subsection (g)(1) of this section.
- If the juvenile
is found to be in violation of this section three or more
times, the same procedures for reporting and transporting
the juvenile as outlined in subsection (g)(2) of this
section will be followed, except the custodian must be
issued a criminal citation for violation of this section.
A miscellaneous incident report will be completed as outlined
in subsection (g)(1) of this section.
- In cases
where the investigating officer determines a criminal
citation should be issued according to this section, the
officer shall verify the existence of past offenses and
should reference the MI number on the new miscellaneous
incident report completed for the offense in which the
citation is being issued. If possible, the officer
will attach a copy of the miscellaneous incident report
for the previous offenses.
- The shift
supervisor will make available a list of all juveniles
who have been recorded as being in violation of this section.
- If the minor
is under 12 years of age, regardless of the number of
past offenses, a report will be made and a copy forwarded
to the Mecklenburg County Department of Social Services.
This report should be completed after the procedures outlined
in subsections (g)(1), (g)(2) and (g)(3) of this section
have been followed.
- The names
of juveniles shall not be released or made public.
(h) Aiding
and abetting by adult, guardian or parent. It shall
be a violation of this section for any person over 18 years
of age to aid or abet a minor in the violation of subsection
(c) of this section.
(i) Refusal
of custodian to take custody of a minor. If the custodian
of a minor found to be in violation of this section refuses
to take custody of such minor, the officer having custody
of the minor shall contact the Mecklenburg County Department
of Social Services and release the minor to that agency,
pending further investigation by the police department and
the department of social services. The custodian may
be issued a criminal citation charging him with a violation
of this section.
(j) Penalty.
This ordinance may be enforced by any or both of the following
ways as provided by law.
A. Anyone violating
this ordinance shall be guilty of a class 3 misdemeanor
and shall be fined not more than fifty dollars ($50) or
imprisoned for not more than thirty (30) days.
B. A violation of
this ordinance shall subject the violator to issuance of
a citation in the amount of fifty dollars ($50) for each
such citation. A citation remaining unpaid to the
Town of Huntersville after fifteen (15) days from the date
of issuance shall subject the violator to a civil penalty
that may be recovered by the Town in a civil action.
A violation, which is a continuing violation, shall subject
the violator to a separate citation for each day the violation
continues.
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Can I practice shooting a firearm?
Reprinted
directly from the Town of Huntersville Ordinances,
Firearms Ordinance
WHEREAS,
G.S. 160A-189 allows a Municipality by ordinance to regular,
restrict, or prohibit the discharge of firearms at any time
or place within the City, except as used in defense of personal
property or pursuant to the direction of a law enforcement
officer; and
WHEREAS,
the purpose of this Ordinance is to protect the public safety
by regulating the indiscriminate shooting of firearms within
the incorporated areas of the Town of Huntersville; now,
therefore,
BE IT
ORDAINED by the Board of Commissioners of the Town of Huntersville:
SECTION
1. Each person discharging a firearm is responsible
for exhibiting reasonable regard for the safety and property
of other persons and for discharging the firearm in such
a manner as to assure that all projectiles come to rest
safely within the boundary or boundaries of the property
or properties on which the person is authorized to be shooting.
SECTION
2. Except as provided in Section 7, it shall be unlawful
for any person to discharge a firearm within 900 feet of
any of the following:
SECTION
3. It shall be unlawful for any person to discharge
a firearm in such a way as will result in the projectile
therefrom passing across a sidewalk or across a highway,
street, or other public vehicular area.
SECTION
4. It shall be unlawful for any person to discharge
a firearm within 900 feet of any domestic livestock not
belonging to him unless such person has on his person written
permission for such activity from the owner of the livestock.
SECTION
5. It shall be lawful for any person, being a parent
or guardian of, or standing in loco parentis to, any child
under twelve (12) years of age, to permit such child to
have possession or custody of, or use in any manner whatsoever,
any firearm, whether such firearm is loaded or is not loaded
without direct, active adult supervision of the child at
all times the child is holding the firearm. It shall
be unlawful for any person being a parent or guardian of,
or standing in loco parentis to, any child between twelve
(12) years of age and fifteen (15) years of age, to permit
such child to discharge a firearm without direct, active
adult supervision of the child at all times the child is
firing the firearm unless that child has passed a Hunter
Safety Course or similarly recognized course in firearms
safety.
SECTION
6. It shall be unlawful for any person to fire any
firearm in a fully automatic mode except on a firing range
operated by a recognized gun club or law enforcement agency,
which firing range is substantially in accordance with specifications
promulgated by the National Rifle Association or by an equivalent
nationally recognized firearms safety authority for the
firing of a fully automatic firearm of the type and caliber
being fired. Such person firing a firearm in a fully
automatic mode must have on his person the necessary documentation
showing that the firearm is properly registered with the
federal government and that the person has the proper federal
license to process such firearm.
SECTION
7. Section 2 of this Ordinance shall not apply to
any of the following:
-
A
person discharging a shotgun with any type of shot or
load except "slugs", provided that the shooter
is 500 feet or more from any of the types of places
or structures listed in Section 2(a) - (f).
-
A
rifle, pistol, skeet or trap range, operated by a recognized
gun club or by a law enforcement agency, which firing
range is substantially in accordance with specifications
promulgated by the National Rifle Association or by
an equivalent nationally recognized firearms safety
authority for the type and caliber of firearms being
fired, except as provided in Section 6 above;
-
A
person target shooting on his own property (or on another's
property if he has on his person written permission
for the activity from the owner of the property) exhibiting
reasonable regard for the safety and property of other
persons (i) if such person is using a backstop substantially
in accordance with specifications promulgated by the
National Rifle Association or any equivalent nationally
recognized firearms safety organization for the type
and caliber of firearms being fired, and (ii) if such
person has on his person written permission for such
activity from all persons owning any of the types of
places or structures listed in Section 2(a)-(f) which
are located within 900 feet of the target shooting activity;
-
A
person hunting on his own property (or on another's
property if he has on his person written permission
for the activity from the owner of the property) exhibiting
reasonable regard for the safety and property of other
persons if such person has on his person written permission
for such activity from all persons owning any of the
types of places or structures listed in Section 2(a)
- (f) which are located within 900 feet of the hunting
activity;
-
Law
enforcement officers or members of the armed forces
discharging firearms in the line of duty (provided that
Section 1 of this ordinance shall also not apply to
such an activity);
-
Persons
discharging firearms for the purpose of shooting or
killing any dangerous animal or reptile; or
-
A
person discharging a firearm in self-defense (provided
that Section 1 of this Ordinance shall also not apply
to such an activity).
SECTION
8. The provisions of this Ordinance shall apply to
all persons engaged in hunting as regulated by Subchapter
III of Chapter 113 of the North Carolina General Statutes,
or similar successor statutes.
SECTION
9. The term "firearm" is defined as any
weapon or similar instrument from which shot, shells, bullets,
or similar projectiles are discharges by means of the explosion
of gunpowder.
SECTION
10. The violation of any provision of this Ordinance
shall be a Class 3 misdemeanor and may be punishable by
a fine of not more than fifty dollars ($50.00) or imprisonment
for not more than thirty (30) days.
SECTION
11. North Carolina Wildlife officers (Wildlife Protectors)
are authorized to enforce the provisions of this Ordinance.
SECTION
12. It is hereby declared to be the intention of the
Board that the sections, paragraphs, sentences, clauses
and phrases of this Ordinance are severable and that if
any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional or invalid
by the valid judgment or decree of any court of competent
jurisdiction, such constitutionality or invalidity shall
not affect any remaining phrases, clauses, sentences, paragraphs
and sections of this Ordinance, as the same would have been
enacted by the Board without incorporation in this Ordinance
of any such unconstitutional or invalid phrase, clause,
sentence, paragraph or section.
SECTION
13. This Ordinance shall apply to all incorporated
areas of the Town of Huntersville.
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When does "noise" become a nuisance?
Reprinted directly
from the Town of Huntersville Ordinances, Sec. 8-86.
Unnecessary noise prohibited.
It shall be unlawful
for any person to create, assist in creating, permit, continue
or permit the continuance of any reasonably loud, disturbing
or unnecessary noise in town.
Sec. 8-87. Prohibited
acts enumerated.
The following acts,
among others, are declared to be loud, disturbing, annoying
and unnecessary noises in violation of this article.
Such enumerations shall not be deemed to be exclusive.
- Motor vehicles.
The operation of a motor vehicle in such a way as to cause,
suffer or allow any loud, excessive or unusual noise in
the operation or use of such motor vehicle upon any streets
of the town.
- Blowing horns.
To unreasonably sound any horn or signal device or in
any other manner or circumstances or for any other purpose
than required by the laws of the state.
- Racing engine.
To race the engine of any motor vehicle while such vehicle
is not in motion, except when necessary to do so in the
course of repairing, adjusting or testing the same.
The racing of an engine at a personal residence, to make
repairs or adjustments, shall only be conducted between
the hours or 8:00 AM and 9:00 PM.
- Use of vehicle.
To use or permit to be used any automobile, truck, bus,
motorcycle, or other vehicle, stationary or moving, with
an engine, instrument, device or other thing so out of
repair, so loaded or in such a manner as to create loud
and unnecessary grading, grinding or other noise; or to
create any loud and excessive noise in connection with
the loading or unloading of any vehicle or in the opening
or destruction of bales, boxes, crates or containers.
- Sound amplification
equipment. The use of sound amplification equipment
on public streets or on private property which produces
a sound which is cast upon the public streets or sidewalks
for the purpose of commercial advertising or attracting
attention of the public to any sound or structure is prohibited.
The use of such equipment for amplification or
broadcasting of music, speeches or general entertainment
of a non-commercial nature is prohibited when it results
in the sound being plainly audible at a distance of 100
feet from the point of broadcast, or if it creates an
obstruction to pedestrian or vehicular traffic.
Sound amplification equipment installed in automobiles
shall not be audible at a distance of fifty (50) feet
while the vehicle is being operated on a street or in
a public vehicular area. This section shall not
apply to warning devices on authorized emergency vehicles.
This subsection shall not apply to any event held in recognition
of a community celebration of national, city or state
events, public festivals or the like.
- Shouting, calling,
etc., to attract attention. To make any noise
upon any public street or in such proximity to such public
street as to be distinctly and loudly audible upon such
street by any kind of crying, calling or shouting or by
means of any whistle, rattle, bell, gong, clapper, horn,
hammer, drum, musical instrument or other device for the
purpose of attracting attention or inviting patronage
of any person or any business, or to thereby create an
annoyance upon persons on any public street or on neighboring
premises, or otherwise create a public nuisance.
- Radios, phonographs,
etc. The use, operating or permitting to be
played, used or operated any radio, receiving set, musical
instruments, phonograph, or other device for producing
or reproducing sound in such a manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants,
or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are in
the room, vehicle or chamber in which machine or device
is operating.
- Pets.
To own, keep and have in one's possession or harbor any
animal or bird which by frequent or habitual howling,
yelping, barking or otherwise shall cause loud noises
and produce serious annoyance or disturbance to any person
or to the neighborhood.
Sec. 8-88 Penalty.
This ordinance may be enforced by any or both of the following
ways as provided by law.
A. Anyone violating this
ordinance shall be guilty of a class 3 misdemeanor and shall
be fined nor more than fifty dollars ($50) or imprisoned
for not more than thirty (30) days.
B. A violation of this ordinance
shall subject the violator to issuance of a citation in
the amount of fifty dollars ($50) for each such citation.
A citation remaining unpaid to the Town of Huntersville
after fifteen (15) days from the date of issuance shall
subject the violator to a civil penalty, which may be recovered
by the Town in a civil action. A violation, which
is a continuing violation, shall subject the violator to
as separate citation for each day that the violation continues.
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Does Huntersville have a leash law?
Reprinted directly
from the Town of Huntersville Ordinances, Article I.
Animals
Sec. 4-1.
Livestock.
- The keeping
and maintaining of certain livestock within the city limits
of the town is considered not to be in the best interest
of the health and welfare of the citizens of the town.
- It shall
be unlawful for any person to keep, own or maintain within
the corporate limits of the town any horse, mule, pony,
cow, goat, sheep, pig, hog or other form of livestock.
- Violation
of this section shall be punishable in accordance with
section 1-6.
Sec. 4-26.
Nuisance, dangerous, vicious dogs.
- It shall
be unlawful for any person owning, keeping or having charge
of dogs to permit to run at large a dog that is a public
nuisance, a menace, dangerous of vicious. Any such
dog must be kept in a secure enclosure, or be accompanied
by a person who, by means of a leash, has such dog firmly
under control at all times.
- If any dog
has bitten any person so as to break the skin, or has
in any other manner caused physical injury to any person,
it shall be conclusively presumed that such dog is a public
nuisance, a menace, dangerous or vicious.
- If this section
is violated, in addition to any other punishment or penalty,
the town police department shall be empowered to take
the offending dog into its custody and hold and/or deliver
the dog to the Charlotte/Mecklenburg Animal Control Department
for such action as is deemed advisable by that department.
The registering or giving of a complaint with the police
department by a citizen of the town that a dog is a public
nuisance, a menace, dangerous or vicious and is not securely
fenced or on a leash shall be sufficient cause and knowledge
for the police department to take action under this section.
- Violation
of this section by any person owning, keeping or having
charge of such dog, and having knowledge that such dog
is a public nuisance, a menace, dangerous or vicious,
shall be punishable in accordance with section 1-6.
Sec. 4-27.
Running at large.
Every person
owning or having possession, charge, care, custody or control
of any dog shall keep such dog exclusively upon his own
premises; provided, however, that such dog may be off such
premises if it under the control of a competent person and
restrained by a chain or leash or other means of adequate
physical control.
Sec. 4-28.
Impoundment authorized.
Officers of
the police department are hereby authorized to stand by/hold
any dogs which are found running at large in violation of
this article and to hold the same until the representative
from the Charlotte/Mecklenburg County animal control arrives.
The officers of the police department are authorized to
go upon unenclosed lots or properties as necessary to enforce
the provisions of this article.
Sec. 4-29.
Redemption fees.
Persons redeeming
and claiming dogs which have been delivered to the Charlotte/Mecklenburg
County Animal Shelter shall pay such redemption fees as
are required by the animal shelter.
Sec. 4-30.
Penalty. This ordinance may be enforced by any or
both of the following ways as provided by law.
- Anyone violating
this ordinance shall be guilty of a class 3 misdemeanor
and shall be fined not more than fifty dollars ($50) or
imprisoned for not more than thirty (30) days.
- A violation
of this ordinance shall subject the violator to issuance
of a citation in the amount of fifty dollars ($50) for
each such citation. A citation remaining unpaid
to the Town of Huntersville after fifteen (15) days from
the date of issuance shall subject the violator to a civil
penalty, which may be recovered by the Town in a civil
action. A violation, which is a continuing violation,
shall subject the violator to a separate citation for
each day the violation continues.
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Can
I park here?
Reprinted directly
from the Town of Huntersville Ordinances, Article III.
Stopping, Standing and Parking
Sec. 14-51.
Parking prohibited or restricted when signs posted.
- No person
shall park a vehicle on any portions of a public street
designated as "no parking" after signs have
been erected prohibiting parking at such places.
- On any street
or portion thereof upon which parking is prohibited at
certain specified times, no person shall park a vehicle
at such place during the prohibited times, after signs
have been erected prohibiting parking during such times.
- The board
of commissioners, by a duly adopted resolution filed with
the town clerk, shall have the power to designate locations
and times of prohibited and restricted parking and this
article shall be effective as to such locations and times
upon and after the erection of signs prohibiting or restricting
parking.
- Notwithstanding
any other provision of this section, the chief of police
is empowered to put into effect special restrictions on
parking, or temporarily permit parking in otherwise prohibited
areas or times, when justified by special temporary emergency
conditions, but not to exceed a continuous period of 48
hours.
Sec. 4-52.
Parking prohibited in specified places.
No person shall
stop, stand or park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with
the directions of a police officer or traffic control device,
in any of the following places:
- On a sidewalk.
- In front
of a public or private driveway.
- Within an
intersection.
- Within 15
feet of a fire hydrant.
- On a crosswalk.
- Within 20
feet of a crosswalk at an intersection.
- Within 30
feet upon the approach to a flashing beacon, stop sign
or traffic control signal located at the side of the roadway.
- Within 20
feet of the driveway entrance to any fire station.
- Along or
opposite any street excavation or construction when such
stopping, standing or parking would obstruct traffic.
- On any median,
unless the vehicle is disabled or at the direction of
a police officer, and then only temporarily for a period
not to exceed 24 hours.
- In violation
of G.S. 20-37.6, or otherwise in a space designated with
a sign for handicapped persons, unless the vehicle displays
the distinguishing license plates or placard specified
in G.S. 20-37.6.
- In violation
of G.S. 20-37.6 or otherwise in such location as to obstruct
a curb ramp or curb cut for handicapped persons.
- In any area
designated as a fire lane, including those in a shopping
center or mall parking lots and other public vehicular
areas.
- On the side
of a street facing in other than the direction of travel.
Sec. 14-53.
Penalty and procedures.
- For violation
of this article, except for section 14-52(11) and (12),
any member of the police department of the town has the
power to issue a citation to any owner of the violation
vehicle or the person in control of the vehicle, and the
person so cited shall pay a civil penalty of twenty-five
dollars ($25). If the penalty if not paid within
15 days of the date of the citation, there shall be an
additional penalty of ten dollars ($10) and the offense
shall be punishable as a misdemeanor. Payment of
penalty shall be made at the town hall or by mail.
- For violation
of section 14-52(11) and (12) there shall be a civil penalty
of one hundred dollars ($100), which civil penalty shall
be delinquent after 72 hours from the issuance of the
citation. If the penalty is not paid within such
72-hour period, there shall be an additional penalty of
ten dollars ($10) for each day that the penalty is delinquent.
- When a violation
of the parking regulations set forth in section 14-52(11)
or (12) is detected by an officer or by persons designated
by the town manager to photograph handicapped parking
violations, an officer or person so designated shall obtain
the necessary information on the vehicle, the operator
and/or the owner, and an officer shall issue in writing
a citation to be delivered by an officer in person, affixed
on the vehicle by an officer, or by first-class mailing
giving notice to answer the charge within 72 hours at
the office of the town clerk.
- The town
manager shall have the authority to designate persons
to photograph those handicap parking violations prohibited
in section 14-52(11) and (12).
- Unless otherwise
amended in this Ordinance No. 94-07, the provisions of
Sections 14-52 and 14-53 of the Code of Ordinances shall
remain in effect.
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