§ 20-162.1. Prima facie rule of evidence for enforcement of parking regulations.
§ 20‑162.1. Prima facierule of evidence for enforcement of parking regulations.
(a) Whenever evidenceshall be presented in any court of the fact that any automobile, truck, orother vehicle was found upon any street, alley or other public place contraryto and in violation of the provisions of any statute or of any municipal orDepartment of Transportation ordinance limiting the time during which any suchvehicle may be parked or prohibiting or otherwise regulating the parking of anysuch vehicle, it shall be prima facie evidence in any court in the State ofNorth Carolina that such vehicle was parked and left upon such street, alley orpublic way or place by the person, firm or corporation in whose name suchvehicle is then registered and licensed according to the records of thedepartment or agency of the State of North Carolina, by whatever namedesignated, which is empowered to register such vehicles and to issue licensesfor their operation upon the streets and highways of this State; provided, thatno evidence tendered or presented under the authorization contained in thissection shall be admissible or competent in any respect in any court ortribunal, except in cases concerned solely with violation of statutes orordinances limiting, prohibiting or otherwise regulating the parking ofautomobiles or other vehicles upon public streets, highways, or other publicplaces.
Any person found responsiblefor an infraction pursuant to this section shall be subject to a penalty of notmore than five dollars ($5.00).
(b) The prima facierule of evidence established by subsection (a) shall not apply to theregistered owner of a leased or rented vehicle parked in violation of law whenthe owner can furnish sworn evidence that the vehicle was, at the time of theparking violation, leased or rented, to another person or company. In thoseinstances, the owner of the vehicle shall furnish sworn evidence to the courtswithin 30 days after notification of the violation in accordance with thissubsection.
If the notification is givento the owner of the vehicle within 90 days after the date of the violation, theowner shall include in the sworn evidence the name and address of the person orcompany that leased or rented the vehicle. If notification is given to theowner of the vehicle after 90 days have elapsed from the date of the violation,the owner is not required to include the name or address of the lessee orrenter of the vehicle in the sworn evidence. (1953, c. 879, ss. 1, 11/2; c. 978; 1955, c. 566, s.1; 1983, c. 753; 1985, c. 764, s. 32; 1985 (Reg. Sess., 1986), c. 852, s. 17;1987, c. 736, s. 1; 1989, c. 243, s. 2; 2001‑259, s. 1.)