NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 984

HOUSE BILL 1306

 

 

AN ACT TO AMEND ARTICLE 1 OF CHAPTER 122 BY ADDING A NEW SECTION TO BE DESIGNATED G.S. 122-16.1 TO GRANT TO THE STATE BOARD OF MENTAL HEALTH AUTHORITY TO REGULATE TRAFFIC UPON THE GROUNDS OF STATE INSTITUTIONS OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 1 of Chapter 122 of the General Statutes is hereby amended by adding a new section to be designated G.S. 122-16.1 and to read as follows:

"§ 122-16.1.  Motor vehicle laws applicable to streets, alleys and driveways on the grounds of institutions of the Department of Mental Health; State Board of Mental Health authorized to adopt traffic regulations; registration and regulation of motor vehicles. (a) All the provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State and the operation of motor vehicles thereon are hereby made applicable to the streets, alleys, roads and driveways on the grounds of all State institutions operated by the State Department of Mental Health. Any person violating any of the provisions of said chapter in or on such streets, alleys, roads or driveways shall, upon conviction thereof, be punished as therein prescribed. Nothing herein contained shall be construed as in any way interfering with the ownership and control of such streets, alleys, roads and driveways on the grounds of the State institutions operated by the Department of Mental Health as is now vested by law in the State Board of Mental Health.

(b)        Authority is hereby conferred upon the State Board of Mental Health to make such additional rules and regulations and adopt such additional ordinances, not inconsistent with the provisions of Chapter 20, General Statutes of North Carolina, as in its opinion may be necessary, with respect to the use of the streets, alleys, roads and driveways of facilities of the Department of Mental Health, and to establish parking areas on the grounds of such institutions. Provided, however, that, based upon a traffic and engineering investigation, the State Board of Mental Health may determine and fix speed limits on streets, roads and highways subject to such rules, regulations and ordinances lower than those provided in G.S. 20-141, and the State Board of Mental Health may make reasonable provisions for the towing or removal of unattended vehicles found to be in violation of other rules, regulations and ordinances. All regulations and ordinances adopted pursuant to the authority of this subsection shall be recorded in the proceedings of the board and printed, and copies of such regulations and ordinances shall be filed in the office of the Secretary of State of North Carolina. Any person violating such regulations or ordinances shall, upon conviction thereof, be guilty of a misdemeanor, and shall be punishable by a fine of not exceeding fifty dollars ($50.00) or imprisonment not exceeding 30 days.

(c)        The State Board of Mental Health may adopt reasonable rules and regulations governing the registration and parking of motor vehicles maintained and operated by employees or their families on the grounds of the respective institutions, and may in connection with such registration charge an annual fee therefor, which fee shall be placed in a special fund at each institution, to be used by appropriate resolution of the local governing body of such institution to develop, maintain, and supervise parking areas and facilities.

(d)        The State Board of Mental Health is hereby empowered to prescribe civil penalties for the violation of the rules and regulations adopted pursuant to this section, not to exceed five dollars ($5.00). All penalties received pursuant to this section shall be placed in a special fund at each institution to be used by appropriate resolution of the local governing body of such institution to develop, maintain, and supervise parking areas and facilities."

Sec. 2.  The grant of authority provided by this section shall be in addition to and not in lieu of existing authority vested in the State Board of Mental Health.

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 20th day of July, 1971.