§ 115D-21. Traffic regulations; fines and penalties.
§ 115D‑21. Trafficregulations; fines and penalties.
(a) All of the provisions of Chapter 20 of the General Statutesrelating to the use of highways of the State of North Carolina and theoperation of motor vehicles thereon shall apply to the streets, roads, alleysand driveways on the campuses of all institutions in the North CarolinaCommunity College System. Any person violating any of the provisions of Chapter20 of the General Statutes in or on the streets, roads, alleys and driveways onthe campuses of institutions in the North Carolina Community College Systemshall, upon conviction thereof, be punished as prescribed in this section andas provided by Chapter 20 of the General Statutes relating to motor vehicles.Nothing contained in this section shall be construed as in any way interferingwith the ownership and control of the streets, roads, alleys and driveways onthe campuses of institutions in the system as is now vested by law in thetrustees of each individual institution in the North Carolina Community CollegeSystem.
(b) The trustees are authorized and empowered to make additionalrules and regulations and to adopt additional ordinances with respect to theuse of the streets, roads, alleys and driveways and to establish parking areason or off the campuses not inconsistent with the provisions of Chapter 20 ofthe General Statutes of North Carolina. Upon investigation, the trustees maydetermine and fix speed limits on streets, roads, alleys, and driveways subjectto such rules, regulations, and ordinances, lower than those provided in G.S.20‑141. The trustees may make reasonable provisions for the towing orremoval of unattended vehicles found to be in violation of rules, regulationsand ordinances. All rules, regulations and ordinances adopted pursuant to theauthority of this section shall be recorded in the proceedings of the trustees;shall be printed; and copies of such rules, regulations and ordinances shall befiled in the office of the Secretary of State of North Carolina. Violation of anysuch rules, regulations, or ordinances, is an infraction punishable by apenalty of not more than one hundred dollars ($100.00).
Regardless of whether an institution does its own removal and disposalof motor vehicles or contracts with another person to do so, the institutionshall provide a hearing procedure for the owner. For purposes of thissubsection, the definitions in G.S. 20‑219.9 apply.
(1) If the institution operates in such a way that the personwho tows the vehicle is responsible for collecting towing fees, all provisionsof Article 7A, Chapter 20, apply.
(2) If the institution operates in such a way that it isresponsible for collecting towing fees, it shall:
a. Provide by contract or ordinance for a schedule ofreasonable towing fees,
b. Provide a procedure for a prompt fair hearing to contest thetowing,
c. Provide for an appeal to district court from that hearing,
d. Authorize release of the vehicle at any time after towing bythe posting of a bond or paying of the fees due, and
e. If the institution chooses to enforce its authority by sale of thevehicle, provide a sale procedure similar to that provided in G.S. 44A‑4,44A‑5, and 44A‑6, except that no hearing in addition to theprobable cause hearing is required. If no one purchases the vehicle at the saleand if the value of the vehicle is less than the amount of the lien, theinstitution may destroy it.
(c) The trustees may by rules, regulations, or ordinancesprovide for a system of registration of all motor vehicles where the owner or operatordoes park on the campus or keeps said vehicle on the campus. The trustees shallcause to be posted at appropriate places on campus notice to the public ofapplicable parking and traffic rules, regulations, and ordinances governing thecampus over which it has jurisdiction. The trustees may by rules, regulations,or ordinances establish or cause to have established a system of citations thatmay be issued to owners or operators of motor vehicles who violate establishedrules, regulations, or ordinances. The trustees shall provide for theadministration of said system of citations; establish or cause to beestablished a system of fines to be levied for the violation of establishedrules, regulations and ordinances; and enforce or cause to be enforced thecollection of said fines. The fine for each offense shall not exceed fivedollars ($5.00), which funds shall be retained in the institution and expendedin the discretion of the trustees. The trustees shall be empowered to exercisethe right to prohibit repeated violators of such rules, regulations, orordinances from parking on the campus. (1971, c. 795, ss. 1‑3; 1979, c. 462, s. 2; 1983, c. 420, s. 4;1985, c. 764, s. 38.)