§ 116-44.4. Regulation of traffic and parking and registration of motor vehicles.
§ 116‑44.4. Regulationof traffic and parking and registration of motor vehicles.
(a) Except as otherwiseprovided in this Part, all of the provisions of Chapter 20 of the GeneralStatutes relating to the use of highways of the State and the operation of motorvehicles thereon are applicable to all streets, alleys, driveways, parkinglots, and parking structures on University property. Nothing in this sectionmodifies any rights of ownership or control of University property, now orhereafter vested in the Board of Governors of the University of North Carolinaor the State of North Carolina.
(b) Each board oftrustees may by ordinance prohibit, regulate, divert, control, and limitpedestrian or vehicular traffic and the parking of motor vehicles and other modesof conveyance on the campus. In fixing speed limits, the board of trustees isnot subject to G.S. 20‑141(f1) or (g2), but may fix any speed limitreasonable and safe under the circumstances as conclusively determined by theboard of trustees. The board of trustees may not regulate traffic on streetsopen to the public as of right, except as specifically provided in this Part.
(c) Each board oftrustees may by ordinance provide for the registration of motor vehiclesmaintained or operated on the campus by any student, faculty member, oremployee of the University, and may fix fees for such registration. Theordinance may make it unlawful for any person to operate an unregistered motorvehicle on the campus when the vehicle is required by the ordinance to beregistered.
(d) Each board oftrustees may by ordinance set aside parking lots and other parking facilitieson the campus for use by students, faculty, and employees of the University andmembers of the general public attending schools, conferences, or meetings atthe University, visiting or making use of any University facilities, orattending to official business with the University. The board of trustees mayissue permits to park in these lots and garages and may charge a fee therefor.The board of trustees may also by ordinance make it unlawful for any person topark a motor vehicle in any lot or other parking facility without procuring therequisite permit and displaying it on the vehicle. No permit to park shall beissued until the student requesting the permit provides the name of theinsurer, the policy number under which the student has financialresponsibility, and the student certifies that the motor vehicle is insured atthe levels set in G.S. 20‑279.1(11) or higher. This subsection applies tomotor vehicles that are registered in other states as well as motor vehiclesthat are registered in this State pursuant to Chapter 20 of the GeneralStatutes.
(e) Each board oftrustees may by ordinance set aside spaces in designated parking areas or facilitiesin which motor vehicles may be parked for specified periods of time. Toregulate parking in such spaces, the board of trustees may install a system ofparking meters and make it unlawful for any person to park a motor vehicle in ametered space without activating the meter for the entire time that the vehicleis parked, up to the maximum length of time allowed for that space. The metersmay be activated by coins of the United States. The board of trustees may alsoinstall automatic gates, employ attendants, and use any other device orprocedure to control access to and collect the fees for using its parking areasand facilities.
(f) The board oftrustees may by ordinance provide for the issuance of stickers, decals,permits, or other indicia representing the registration status of vehicles orthe eligibility of vehicles to park on the campus and may by ordinance prohibitthe forgery, counterfeiting, unauthorized transfer, or unauthorized use ofthem.
(g) Violation of anordinance adopted under any portion of this Part is an infraction as defined inG.S. 14‑3.1 and is punishable by a penalty of not more than fifty dollars($50.00). An ordinance may provide that certain prohibited acts shall not beinfractions and in such cases the provisions of subsection (h) may be used toenforce the ordinance.
(h) An ordinanceadopted under any portion of this Part may provide that violation subjects theoffender to a civil penalty. Penalties may be graduated according to theseriousness of the offense or the number of prior offenses by the personcharged. Each board of trustees may establish procedures for the collection ofthese penalties and they may be enforced by civil action in the nature of debt.The board of trustees may also provide for appropriate administrative sanctionsif 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 of vehicle registration, andtermination or suspension of enrollment in or employment by the University.
(i) An ordinanceadopted under any portion of this Part may provide that any vehicle illegallyparked may be removed to a storage area. Regardless of whether a constituentinstitution does its own removal and disposal of motor vehicles or contractswith another person to do so, the institution shall provide a hearing procedurefor the owner. For purposes of this subsection, the definitions in G.S. 20‑219.9apply.
(1) If the institutionoperates in such a way that the person who tows the vehicle is responsible forcollecting towing fees, all provisions of Article 7A, Chapter 20, apply.
(2) If the institutionoperates in such a way that it is responsible for collecting towing fees, itshall:
a. Provide by contractor ordinance for a schedule of reasonable towing fees,
b. Provide a procedurefor a prompt fair hearing to contest the towing,
c. Provide for anappeal to district court from that hearing,
d. Authorize release ofthe vehicle at any time after towing by the posting of a bond or paying of thefees due, and
e. If the institutionchooses to enforce its authority by sale of the vehicle, provide a saleprocedure similar to that provided in G.S. 44A‑4, 44A‑5, and 44A‑6,except that no hearing in addition to the probable cause hearing is required.If no one purchases the vehicle at the sale and if the value of the vehicle isless than the amount of the lien, the institution may destroy it.
(j) Evidence that amotor vehicle was found parked or unattended in violation of an ordinance ofthe board of trustees is prima facie evidence that the vehicle was parked by:
(1) The person holding aUniversity parking permit for the vehicle, or
(2) If no Universityparking permit has been issued for the vehicle, the person in whose name thevehicle is registered with the University pursuant to subsection (c), or
(3) If no Universityparking permit has been issued for the vehicle and the vehicle is notregistered with the University, the person in whose name it is registered withthe North Carolina Division of Motor Vehicles or the corresponding agency ofanother state or nation.
The rule of evidence establishedby this subsection applies only in civil, criminal, or administrative actionsor proceedings concerning violations of ordinances of the board of trustees.G.S. 20‑162.1 does not apply to such actions or proceedings.
(k) Each board oftrustees shall cause to be posted appropriate notice to the public ofapplicable traffic and parking restrictions.
(l) All ordinancesadopted under this Part shall be recorded in the minutes of the board oftrustees and copies thereof shall be filed in the offices of the President ofthe University of North Carolina and the Secretary of State. Each board oftrustees shall provide for printing and distributing copies of its traffic andparking ordinances.
(m) All moneys receivedpursuant to this Part, except for the clear proceeds of all civil penaltiescollected pursuant to subsection (h) of this section, shall be placed in atrust account in each constituent institution, are appropriated, and may beused for any of the following purposes:
(1) To defray the costof administering and enforcing ordinances adopted under this Part;
(2) To develop,maintain, and supervise parking areas and facilities;
(3) To provide busservice or other transportation systems and facilities, including payments toany public or private transportation system serving University students,faculty, or employees;
(4) As a pledge tosecure revenue bonds for parking facilities issued under Article 21 of thisChapter;
(5) Other purposesrelated to parking, traffic, and transportation on the campus.
The clear proceeds of all civilpenalties collected pursuant to subsection (h) of this section shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1973, c. 495,s. 1; 1975, c. 716, s. 5; 1981 (Reg. Sess., 1982), c. 1239, s. 3; 1983, c. 420,s. 5; 1985, c. 764, s. 36; 2001‑336, s. 1; 2005‑276, s. 6.37(r);2006‑203, s. 51.)