NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 821

HOUSE BILL 1424

 

 

AN ACT TO AMEND CHAPTER 115 OF THE GENERAL STATUTES TO ALLOW COUNTY AND CITY BOARDS OF EDUCATION TO REGULATE THE PARKING OF MOTOR VEHICLES ON SCHOOL PROPERTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 5 of Chapter 115 of the General Statutes is hereby amended by adding a new section therein to be numbered G.S. 115-35.1 and to read as follows:

"§ 115-35.1.  Powers of county and city boards to regulate parking of motor vehicles. — (a) Any county or city board of education may adopt reasonable rules and regulations with respect to the parking of motor vehicles and other modes of conveyance on public school grounds and may enforce such rules and regulations. Any person who violates a rule or regulation concerning parking on public school grounds is guilty of a misdemeanor and, upon conviction, may be punished by a fine of not more than ten dollars ($10.00). Provided, however, that any rule or regulation adopted hereunder may provide that certain acts prohibited thereby shall not be enforced by criminal sanctions, and in such cases a person committing any such act shall not be guilty of a misdemeanor. Rules and regulations adopted hereunder shall be made available for inspection by any person upon request.

(b)        Any county or city board of education may adopt written guidelines governing the individual assignment of parking spaces on school grounds. Such guidelines shall give first priority treatment to the physically handicapped.

(c)        Any county or city board of education, by rules and regulations adopted hereunder, may provide for the registration of motor vehicles and other modes of conveyance maintained, operated or parked on school grounds. Any county of city board of education, by rules and regulations adopted hereunder, may provide for the issuance of stickers, decals, permits or other indicia representing the registration status of vehicles or the eligibility of vehicles to park on school grounds and may prohibit the forgery, counterfeiting, unauthorized transfer or unauthorized use of them.

(d)        Any motor vehicle parked in a parking lot on school grounds, when such lot is clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at each entrance thereto, in violation of the rules and regulations adopted by the county or city board of education, or any motor vehicle otherwise parked on school grounds in violation of the rules and regulations adopted by the county or city board of education, may be removed from school grounds to a place of storage and the registered owner of such vehicle shall become liable for removal and storage charges. No person shall be held to answer in any civil or criminal action to any owner, lienholder, or other person legally entitled to the possession of any motor vehicle removed pursuant to this section except where such motor vehicle is willfully, maliciously or negligently damaged in the removal from school grounds to place of storage."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 7th day of June, 1979.