Statesville City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized emergency vehicle means vehicles of the fire department, police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of police.

Bicycle means a nonmotorized vehicle with two (2) or three (3) wheels tandem, a steering handle and peddles by which the vehicle is propelled.

Business district means the territory contiguous to and including a highway when seventy-five (75) percent or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.

Commercial vehicle means every vehicle designed, maintained or used primarily for the transportation of property.

Common carrier means every vehicle that transports persons for hire.

Controlled-access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

Crosswalk means:

(1)

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway.

(2)

Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Driver. See Operator.

Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.

Intersection means:

(1)

The area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(2)

Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. If such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.

Laned roadway means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

Moped means a vehicle having two (2) or three (3) wheels and operable pedals and equipped with a motor which does not exceed fifty (50) cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than twenty (20) miles per hour on a level surface.

Motorcycle means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding tractors and utility vehicles equipped with an additional form of device designed to transport property, three-wheeled vehicles while being used by law enforcement agencies and mopeds.

Motor vehicle means every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle. "Motor vehicle" does not include moped.

Official traffic-control devices means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

Operator means a person in actual physical control of a vehicle which is in motion or which has the engine running. The terms "operator" and "driver" and their cognates are synonymous.

Park or parking means the standing of a vehicle, whether occupied or not, upon a street other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers, loading or unloading merchandise, obeying traffic regulations, signs or signals or because of an involuntary stopping of the vehicle by reason or causes beyond the control of the operator of the vehicle.

Parking meter means any mechanical device or meter not inconsistent with this chapter placed or erected for the regulation of parking by authority of this chapter.

Parking meter space means any space within a parking meter zone, adjacent to a parking meter, duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters.

Parking meter zone means any restricted street upon which parking meters are installed and in operation.

Passenger curb-loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Pedestrian means any person afoot.

Police officer means every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Private road or driveway means every road or driveway not open to the use of the public as a matter of right for the purpose of vehicular traffic.

Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

Railroad train means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

Residence district means the territory contiguous to a highway not comprising a business district where seventy-five (75) percent or more of the frontage thereon for a distance of three hundred (300) feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes.

Right-of-way means the privilege of the immediate use of the roadway.

Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two (2) or more separate roadways the term "roadway" shall refer to any such roadway separately but not to all such roadways collectively.

Safety zone means the area or space officially set aside within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

Sidewalk means that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers or freight.

Stop, when required, means complete cessation from movement, complete stop.

Stop or stopping, when prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

Through highway means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.

Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street or highway for purposes of travel.

Traffic-control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

Traffic division means the traffic division of the police department of this city, or if a traffic division is not established, then the term shall be deemed to refer to the police department of this city.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this chapter bicycles shall be deemed vehicles, and every rider of a bicycle upon a highway shall be subject to the provisions of this chapter applicable to the driver of a vehicle except those which by their nature can have no application.

(Code 1959, § 13-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

State Law reference— Similar provisions, G.S. § 20-4.01.

It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter.

(Code 1959, § 13-15)

Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this chapter which are applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application.

(Code 1959, § 13-18)

State Law reference— Application of traffic laws to animals and animal-drawn vehicles, G.S. § 20-171.

Limited handicapped parking has been established for the following locations:

(1)

The first two (2) spaces on the south side of West Broad Street, west of the crosswalk;

(2)

One (1) space on the northeast corner of Court Street; and

(3)

One (1) space on the northeast corner of Cooper Street.

(Ord. No. 02-13, 2-4-2013)

(a)

The city traffic engineer shall place and maintain traffic-control signs, signals and devices when and as required under the traffic ordinances of the city to make effective the provisions of such ordinances.

(b)

The city traffic engineer is directed to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated shall conform to and be in accordance with ordinances governing same.

(c)

In accordance with ordinances passed by the city council the city traffic engineer is directed to place signs at those intersections at which drivers of vehicles shall not make a right or left turn or a U-turn.

(Code 1959, §§ 13-27, 13-133, 13-134)

The location of all traffic-control signs, signals, devices and markings in existence on the adoption date of this Code is ratified and confirmed. Traffic-control signs, signals, devices and markings shall be installed at the locations established by ordinance.

All traffic-control signs, signals and devices shall conform to the manual and specifications approved by the state highway commission or resolution adopted by the city council. All signs and signals required under this chapter for a particular purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic-control devices so erected and not inconsistent with the provisions of state law or this chapter shall be official traffic-control devices.

(Code 1959, § 13-28)

The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.

(Code 1959, § 13-29)

No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.

(Code 1959, § 13-30)

(a)

Notwithstanding any other provision of this chapter, the city traffic engineer may remove or erect traffic-control signs, signals or lights on a temporary basis to safeguard the public safety on streets under construction or in response to an emergency situation.

(b)

When such traffic-control devices are erected, it shall be unlawful for any person to fail to obey the command of any such sign, signal or light. If such sign, signal or light regulates vehicular parking, a civil penalty as provided in section 1-7 shall be imposed.

(Code 1959, § 13-19; Ord. No. 25-87, 6-15-87)

Whenever any ordinance of the city designates and describes a through street or a stop intersection it shall be the duty of the traffic engineer to place and maintain a stop sign or, if such ordinance designates, a yield sign shall be erected, on every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic-control signals; provided, however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of such streets as designated by ordinance.

(Code 1959, § 13-113)

(a)

Every stop sign shall bear the word "stop." Every yield sign shall bear the word "yield."

(b)

Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable to the nearest line of the intersecting roadway.

(Code 1959, § 13-114)

Whenever any ordinance of the city designates any one-way street or alley the city traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

(Code 1959, § 13-120)

(a)

Whenever any ordinance designates streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one (1) direction during one (1) period and the opposite direction during another period of the day the city traffic engineer is directed to place and maintain appropriate markings, signs and barriers or other devices to give notice thereof.

(b)

It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section.

(Code 1959, § 13-122)

(a)

No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.

(b)

No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.

(c)

This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(d)

Every such prohibited sign, signal or marking is declared to be a public nuisance and the authority having jurisdiction over the highway is empowered to remove the same or cause it to be removed without notice.

(Code 1959, § 13-36)

No person shall, without lawful authority, attempt to or in fact, alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

(Code 1959, § 13-37)

(a)

Generally. The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except as the city, as authorized by state law, declares and determines upon the basis of engineering and traffic investigations that different speed regulations shall be applicable upon municipal-maintained streets or on certain sections of such streets, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this chapter.

(b)

School zones. Whenever authorized signs are placed, erected or installed indicating any street or parts thereof as school zones, all drivers of motor vehicles and operators of street buses using such streets or parts thereof shall exercise the greatest care in driving upon such streets or parts thereof and in no event at a speed in excess of twenty-five (25) miles per hour. This speed limit shall be in effect for and during the time designated for the particular streets.

(c)

Regulatory signs. Appropriate signs shall be erected by the police department showing the speed limits in each area or zone.

(d)

Speed restrictions. It shall be unlawful to operate a motor vehicle on any city-maintained street, which is not part of the N.C.D.O.T. Highway System, at a speed in excess of twenty-five (25) mph with the following exceptions:

15-mph zone:

North Green Street between East Broad Street and Davie Avenue.

20-mph zone:

Cooper Street between East Front Street and East Broad Street.

Queens Crest to its terminus.

Royalty Circle to its terminus.

All future streets integrated within Queens Crest Subdivision.

35-mph zone:

Hartness Road from Oakdale Drive to North Center Street.

Brookdale Drive from Carolina Avenue North to Stockton Street.

Carolina Avenue North from Sullivan Road to Brookdale Drive.

Free Nancy Avenue.

South Oakland Avenue from Front Street to Garner Bagnal Boulevard.

Signal Hill Drive from a point 0.24 miles south of Simonton Road to Simonton Road.

Radio Road from Hartness Road to Carolina Avenue North.

Museum Road from a point 0.3 miles west of Radio Road to Radio Road.

45-mph zone:

Amity Hill Road from a point 0.171 miles southeast from Moose Club Road to a point 0.213 miles southeast of Moose Club Road.

Amity Hill Road from a point 0.479 miles northeast of Hugo Lane to a point 0.428 miles northeast of Hugo Lane.

Amity Hill Road from a point 0.611 miles southeast of Murdock Road to a point 0.698 miles southeast of Murdock Road.

Amity Hill Road from a point 0.759 miles southeast of Murdock Road to a point 0.904 miles southeast of Murdock Road.

Crawford Road from a point 0.000 miles northwest to a point 0.422 miles northwest of Wilson Park Road.

Crawford Road from a point 0.993 miles northwest to a point 1.601 miles northwest of Wilson Road.

Old Mocksville Road (SR 2158) from the corporate limits of Statesville, a point 0.30 mile north of U.S. 64, northward to the corporate limits of Statesville, a point 0.04 miles north of Wilson Park Road (SR 2437).

(Code 1959, §§ 13-124, 13-126, 13-128; Ord. No. 34-03, 8-20-03; Ord. No. 28-05, 7-18-05; Ord. No. 24-07, 5-21-07; Ord. No. 31-08, 8-4-08; Ord. No. 34-09, 10-5-09; Ord. No. 29-10, 10-18-10; Ord. No. 25-11, 10-3-11; Ord. No. 12-05, 2-20-12; Ord. No. 12-06, 4-2-12; Ord. No. 12-19, 8-6-12; Ord. No. 04-14, 5-5-14; Ord. No. 14-15, 6-15-2015; Ord. No. 21-20, 10-5-2016; Ord. No. 21-16, 10-17-2016; Ord. No. 11-17, 6-5-2017; Ord. No. 19-18, 6-4-2018; Ord. No. 25-18, 7-16-2018; Ord. No. 32-18, 8-6-2018; Ord. No. 31-18, 8-6-2018; Ord. No. 33-18, 8-20-2018; Ord. No. 10-19, 2-4-2019; Ord. No. 26-19, 11-18-2019; Ord. No. 11-21, 3-15-2021; Ord. No. 12-21, 3-15-2021; Ord. No. 13-21, 3-15-2021; Ord. No. 39-21, 8-16-2021; Ord. No. 42-21, 10-4-2021; Ord. No. 27-23, 7-17-2023)

State Law reference— Speed limits, G.S. § 20-141 et seq.

It shall be unlawful for any driver of a motor vehicle to cut through the driveway of any property to avoid a traffic light. It shall be unlawful for the driver of any motor vehicle to operate the same at a street intersection where authorized signs are erected indicating that no right or left turn or U-turn is permitted by driving the same through the driveway of any property to avoid such signs; provided, however, that this provision shall not apply to the driver of any motor vehicle in driving the same onto the premises of any property for the purpose of conducting business on said premises. Any person violating the provisions of this section shall be guilty of a misdemeanor.

(Code 1959, § 13-95; Ord. No. 27-97, 6-16-97)

Whenever authorized signs are erected indicating that no right or left turn or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

(Code 1959, § 13-135)

Whenever authorized signs are erected indicating that right-hand turns only are permitted, no driver of a vehicle shall disobey the directions of any such sign.

Right-turn only:

Sherwood Lane

Eastbound at U.S. 21 (Sullivan Road).

Eastbound at U.S. 64 (Davie Avenue).

(Ord. No. 18-05, 6-6-05; Ord. No. 19-05, 6-6-05)

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

(Code 1959, § 13-138)

The driver of any motor vehicle shall not drive within the boundaries of a public park of the city. This shall not prohibit operation of same within boundaries of any public streets in such parks.

(Code 1959, § 13-96)

State Law reference— Driving on sidewalk prohibited, G.S. § 20-160.

Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any such driver shall exercise the greatest care in driving upon any such street or portion thereof.

(Code 1959, § 13-39)

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.

(Code 1959, § 13-118)

No person shall drive any vehicle through, around and under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

(Code 1959, § 13-119(b))

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.

(Code 1959, § 13-104)

State Law reference— Motor passengers, helmets, etc., G.S. § 20-140.4.

Upon those streets and parts of streets and in those alleys designated as one-way streets and alleys vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

(Code 1959, § 13-121)

(a)

The city council shall have the authority to declare any street or part thereof a truck route. When signs have been installed pursuant to this section, trucks shall travel to their point of destination or from their point of origin to and from the nearest truck route and shall use the truck routes exclusively except when making pickups or deliveries at their points of destination or points of origin.

(b)

The word "truck" as used in this section shall mean any vehicle having dual rear tires on one (1) axle.

(c)

It shall be unlawful for any person to operate any truck along any route in violation of this section.

(Code 1959, §§ 13-123.1, 13-123.3)

The city council shall have the authority to declare these streets, or part thereof, prohibited to through truck traffic when signs have been installed and when said through trucks point of origin or point of designation is not located on the prohibited street. The word "truck" as used in this section shall mean any vehicle having dual rear tires on one axle. Truck movements through the City of Statesville shall be further governed by section 12-111 entitled truck routes. All streets prohibiting through truck traffic shall be designated by ordinance, such ordinance to be maintained in the files of the traffic director.

(Ord. No. 11-92, 4-6-92)

(a)

In order to help prevent traffic congestion, obstruction of streets, sidewalks or parking lots, public vehicle areas, impediment of access of shopping centers or other buildings open to the public, or the interference with the use of property, or the conduct of business in the area adjacent thereto, no person shall drive or permit a motor vehicle under his care, custody, or control to be driven past a traffic control point three (3) or more times within a two-hour period from 6:00 p.m. to 4:00 a.m., Monday through Sunday, in or around a posted "no cruising" area.

(b)

At every point where a public street or alley becomes or provides ingress to a "no cruising" area, there shall be posted a sign which designates "no cruising" and gives the applicable time period. A "no cruising" area is an area where no person shall drive or permit a motor vehicle under his care, custody, or control to be driven past a traffic control point three (3) or more times within a two-hour period.

(c)

A traffic control point, as used in this section, means any point or points within the "no cruising" area established by the police department for the purposes of monitoring cruising. In determining where "traffic control points" will be set up within a "no cruising" area, the police department shall take into consideration the following guidelines:

(1)

Unusually congestive traffic conditions;

(2)

The impeding of the normal free flow of residential and business traffic;

(3)

Unusually high noise levels;

(4)

The impeding of the free flow of emergency vehicles;

(5)

High incidence of traffic violations;

(6)

The impeding of the free flow of pedestrian traffic;

(7)

Any other factor affecting the health and safety of the citizens of Statesville.

The "traffic control points" established through these guidelines shall be designated by a sign.

(d)

No violations shall occur except upon the third passage by the same traffic control point within the aforementioned two-hour period.

(e)

No area shall be designated or posted as a "no cruising" area except upon the passage of a resolution by the council specifically mandating said designation and posting for a particular area.

(f)

This action shall not apply to in-service emergency vehicles, taxicabs for hire, buses, and other vehicles being driven for business purposes.

(g)

Where there is a violation of any provision of this article, the city shall take the following action: A police officer shall issue a citation for said violation, subjecting the violator to a twenty-five dollar ($25.00) civil penalty to be paid within ten (10) days, which penalty shall provide for an additional twenty-five dollar ($25.00) delinquency charge upon nonpayment, and which penalty and delinquency charge may be recovered by the city in a civil action.

(Ord. No. 32-90, 7-2-90; Ord. No. 57-90, 11-19-90)

Any person violating section 12-112 within a seven-day period of having been issued a citation pursuant to section 12-112(g) shall be issued a traffic summons in lieu of a civil citation. Violation of this section shall be punishable by a fine of fifty dollars ($50.00).

(Ord. No. 33-90, § 7-2-90)

Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

(Code 1959, § 13-77)

Pedestrians shall be subject to traffic-control signals, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this article.

(Code 1959, § 13-68)

No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(Code 1959, § 13-69(b))

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(Code 1959, § 13-70)

No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

(Code 1959, § 13-74)

(a)

The following regulations shall apply to property which is located at corners formed by intersecting streets and which lies within that triangular area bounded by curblines or the edges of the pavement, whichever is applicable, upon the streets and a diagonal line joining points on the lines or edges thirty-five (35) feet from the point of intersection of the lines or edges.

(b)

Within the described area, and except as provided in subsection (c) below, it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, tree, natural growth or other obstruction of any kind which obstructs cross-visibility at a level between thirty (30) inches and seventy-two (72) inches above the level of the center of the adjacent intersection.

(c)

The provisions of subsection (b) shall not apply to:

(1)

Permanent buildings;

(2)

Existing grades which, by reason of natural topography, exceed thirty (30) inches above the level of the center of the adjacent intersection; provided, that no obstruction to cross-visibility not specifically excepted shall be installed, set out or maintained on any existing grade which is more than thirty (30) inches but less than seventy-two (72) inches above the level of the center of the adjacent intersection;

(3)

Trees having limbs and foliage trimmed in such manner that no limbs or foliage extend into the area between thirty (30) inches and seventy-two (72) inches above the level of the center of the adjacent intersection;

(4)

Fire hydrants, public utility poles, street markers and traffic-control devices.

(d)

If the provisions of any other law, ordinance or regulation of the city or of the state are in conflict with the provisions of this section, the more stringent provision shall control.

(e)

The administration of this section shall be under the direction of the city traffic engineer, who shall investigate violations, issue such notices and orders as are required and perform such other duties as may be necessary to the enforcement hereof.

(f)

Any obstruction to cross-visibility maintained in violation of this section shall be deemed to be a public nuisance inconsistent with and detrimental to the public health and safety and shall be abated in accordance with the following procedure:

(1)

The traffic engineer shall cause to be served, in person or by certified mail, a written notice and order of abatement upon the owner, tenant or person in charge of the premises upon which such obstruction exists.

(2)

Such obstruction shall be removed by the person responsible therefor within ten (10) days from the date of receipt of the notice and order.

(3)

Any person receiving such notice and order may, within ten (10) days from receipt thereof, request in writing a hearing before the city council, such hearing to be held not later than the second regular meeting of the city council following the date of such request. If, after the hearing, the city council finds that the obstruction in question does in fact constitute a public nuisance, the city council shall order that the nuisance be abated within ten (10) days from the date of the order.

(4)

Upon the failure by any person to comply with the order of abatement of the traffic engineer or, upon appeal, the order of abatement of the city council, the traffic engineer shall proceed forthwith to remove or cause the removal of such obstruction and the cost thereof shall be a charge against the person responsible and, if unpaid, shall be a lien against the property from which such obstruction is removed and shall be collected as unpaid taxes.

(Code 1959, § 13-119.1)

It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five (5) minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching.

(Code 1959, § 13-106)

The speed of all railroad trains in passing through the city and while within the city limits shall not exceed thirty-five (35) miles per hour on the main line of the Southern Railway and twenty-five (25) miles per hour on all other railroad lines and tracks. The bell shall be rung while running and no whistle shall be blown except for necessary signals. In giving such signals, no whistle shall be blown sufficiently long or loud as to constitute a nuisance.

(Code 1959, § 13-131)

State Law reference— Local ordinances regulating speed of trains, G.S. § 62-238.1 et seq.

(a)

It shall be unlawful for any person to skate, ride bicycles or any form of coaster on the sidewalks of the city in the downtown tax district. It shall be unlawful for any person to skate upon any traveled portion of the roadway of any street or dedicated alleyway or on any municipal parking lot in the downtown tax district.

(b)

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go on any roadway except while crossing a street at an intersection or on crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.

(c)

This section shall not apply upon any street while set aside as a play street as authorized by ordinance.

(d)

This section shall not apply to police officers using bicycles or other specialized modes of transportation when used for law enforcement purposes.

(Code 1959, §§ 13-21, 13-24; Ord. No. 39-97, 8-4-97; Ord. No. 56-08, 12-15-08; Ord. No. 16-11, 6-20-11)

No person shall board or alight from any vehicle while the vehicle is in motion.

(Code 1959, § 13-99)

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

(Code 1959, § 13-100)

(a)

No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise.

(b)

No person, when riding in any vehicle, shall allow any part of his body to protrude beyond the limits of the vehicle in which he is riding, except to give signals as required by law.

(Code 1959, §§ 13-101, 13-102)

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

(Code 1959, § 13-105)

Whenever authorized signs are placed, erected or installed indicating a zone of quiet, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of any vehicle, except in an emergency.

(Code 1959, § 13-109)

(a)

In this section a vehicle or funeral procession is a group of motor vehicles led by a vehicle of a law enforcement agency with territorial jurisdiction, whose blue warning lights are in operation with the vehicle traveling in a single file with headlights on to identify it as a member of the procession; except that vehicles may be identified in such other method or way as may be determined and designated by the chief of police of the city police department as set forth in subsection (b).

(b)

The chief of police shall require funeral processions or vehicle processions to have a marked police car lead such processions with the blue light on. Each car in the procession shall have its headlights on to identify it as a member of the procession.

(c)

No vehicle not a part of the procession shall be driven through a vehicle procession except the emergency vehicles set forth in G.S. §§ 20-156 and 20-157, when operated in conformity with the provisions of such statutes. The operator of any vehicle who shall violate this subsection shall be guilty of an infraction and shall receive a penalty of thirty-five dollars ($35.00) and costs.

(d)

The operator of any motor vehicle traveling on or entering on the streets or highways of the city shall yield the right-of-way to a vehicle procession which is properly identified.

(e)

A vehicle procession shall have the right-of-way at any intersection regardless of the method of traffic control which is present or in operation at the intersection.

(f)

Any operator of a motor vehicle who fails to yield the right-of-way to a vehicle procession shall be liable for an infraction and shall receive a penalty of thirty-five dollars ($35.00) and costs.

(Code 1959, §§ 13-10, 13-85—13-87)

(a)

It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.

(b)

Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws.

(c)

It shall be the duty of the police to keep the streets of the city from being blocked by crowds, and the police shall have the power to clear the streets so that traffic may not be hindered and so that persons may have free passage.

(d)

In the event of a fire or other emergency or when necessary to expedite traffic or safeguard pedestrians, police officers may direct traffic as conditions may require notwithstanding the provisions of this chapter.

(e)

Officers of the fire department when at the scene of a fire may direct or assist the police in directing traffic thereat or in the immediate vicinity.

(Code 1959, § 13-14)

State Law reference— Directing traffic and obedience required, G.S. § 20-114.1.

(a)

Office established. The office of city traffic engineer is hereby established. The city traffic engineer shall be a qualified engineer and shall be appointed by the city manager and shall exercise the powers and duties as provided in this chapter and in the traffic ordinances of the city.

(b)

General duties. It shall be the general duty of the city traffic engineer to determine the installation and proper timing and maintenance of traffic-control devices, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions, to plan the operation of traffic on the streets and highways of this city, to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by ordinances of the city.

(c)

Testing of devices. The city traffic engineer may test traffic-control devices under actual conditions of traffic.

(d)

Timing of signals. The city traffic engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner.

(e)

Designation of crosswalks, safety zones. The city traffic engineer is hereby authorized to:

(1)

Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.

(2)

Establish safety zones of such kind and character and at such places as he may see fit or deem necessary for the protection of pedestrians.

(f)

Marking of traffic lanes. The city traffic engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

(Code 1959, §§ 13-11, 13-12, 13-40, 13-41, 13-129)

There is hereby established in the police department of the city a traffic division to be under the control of a police officer appointed by and directly responsible to the chief of police.

(Code 1959, § 13-2)

It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate accidents and to cooperate with the city traffic engineer and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the traffic division by this chapter and the traffic ordinances of the city.

(Code 1959, § 13-3)

(a)

The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of the city or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each. The record shall accumulate during at least a five-year period and from that time on the record shall be maintained complete for at least the most recent five-year period.

(b)

All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms.

(c)

All such records and reports shall be public records.

(Code 1959, § 13-4)

It shall be the duty of the traffic division, assisted by other police officers of the department, to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

(Code 1959, § 13-5)

The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and information of the city traffic engineer.

(Code 1959, § 13-6)

Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the city traffic engineer in conducting studies of such accidents and determining remedial measures.

(Code 1959, § 13-7)

(a)

The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and the complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.

(b)

The traffic division shall study the cases of all the drivers charged with frequent or serious violations of the traffic laws or involved in frequent traffic accidents or any serious accident and shall attempt to discover the reasons therefor, and shall take whatever steps are lawful and reasonable to prevent the same or to have the license of such persons suspended or revoked.

(c)

Such records shall accumulate during at least a five-year period and, from that time on, such records shall be maintained complete for at least the most recent five-year period.

(Code 1959, § 13-8)

The traffic division shall annually prepare a traffic report which shall be filed with the mayor. Such report shall contain information on traffic matters in the city as follows:

(1)

The number of traffic accidents, the number of persons killed, the number of persons injured and other pertinent traffic accident data;

(2)

The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

(3)

The plans and recommendations of the division for future traffic safety activities.

(Code 1959, § 13-9)

(a)

Imposed. Notwithstanding anything to the contrary the violation of any ordinance restricting, regulating or prohibiting parking shall give rise to a civil penalty only as provided in G.S. § 160A-175(c), and shall be enforced in the nature of a civil claim for relief against the offending party.

(b)

Collection. Civil penalties may be recovered by the city in a civil action in the nature of a debt, or may be collected in such other amounts as prescribed within the prescribed time following the issuance of notice or citation of the violation.

(c)

Notice to be affixed. Whenever a member of the police department of the city or any other person charged by ordinance with the enforcement of the provisions of this article regulating the parking of vehicles shall find that any of those provisions are being, or have been, violated by the owner or operator of any vehicle, such officer or person shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice or citation in such form as set out below.

(d)

Contents of notice. Such parking violation notice or citation shall among other things, state upon its face the fine amount for the parking violation if paid within fourteen (14) days after the violation; if the fine is not paid within fourteen (14) days after the violation, a thirty dollar ($30.00) late fee will be assessed in addition to the initial fine amount. Once a vehicle has received three parking violations and each has not been paid within thirty (30) days, the Statesville Police Department will install a vehicle immobilization device (boot) on the vehicle. If the fines are not paid within twenty-four (24) hours after installing the vehicle immobilization device, the vehicle will be towed at the owner's expense; the violator may be taxed with court costs should it become necessary to file a civil action to collect the fine. The notice or citation shall further provide that the fine may be paid by mailing the citation and the money for the stated fine to P.O. Box 1111, Statesville, NC 28687, by making direct payment in the collection area of the Statesville City Office Building at 301 South Center Street, Statesville, NC, or by making a payment online at statesvillenc.rmcpay.com. The fine stated in the notice or citation must either be paid within the stated time or cleared by the appropriate supervisor within the Statesville Police Department within five (5) days of the issuance of the citation. The notice or citation shall further state that if the parking violation citation is not paid or cleared as set forth above within fourteen (14) days, a civil action may be filed by the city in court for the collection of the fine. The chief of police or the chief's designee may waive a civil parking fine when a determination is made that a parking citation has been issued by mistake or in error, or if circumstances existed that prevented the vehicles removal prior to the violation occurring.

(e)

Settlement of claims. The account clerks of the city finance department are authorized to accept payments in full and final settlement of the claim or claims, right or rights of action which the city may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or right of action arising out of contended violations, except as set forth below.

(f)

Penalties. The penalties for violations of this section shall continue as presently existing, until amended. However, additional penalties may be charged as mentioned above and below.

(g)

Additional penalties. Additional penalties in the amounts of twenty-five dollars ($25.00) and fifty dollars ($50.00) may be applied as described in section 12-121(d) in those cases in which fines were not paid within the prescribed periods, or in which a civil action shall have been instituted but payment is made before a case comes to trial.

(h)

Other remedies. Nothing herein is intended nor shall be construed to provide that the violation of any ordinance regulating the parking of vehicles upon the public streets cannot be enforced by towing away any illegally parked vehicles.

(i)

Deposit in general fund. All penalties paid to the parking violations bureau or as may be recovered in a civil action in the nature of debt as herein prescribed shall be paid into the general fund of the city at such time and under such regulations as may be prescribed by the finance director.

(Code 1959, § 13-266.1; Ord. No. 76-91, 11-18-91; Ord. No. 29-03, 8-4-03; Ord. No. 09-13, 5-6-2013; Ord. No. 38-21, 8-16-2021; Ord. No. 26-25(10-20-2025), 10-20-2025)

(a)

Whenever any vehicle is found parked or stopped in violation of any of the restrictions imposed by ordinance of this city or by state law, the person designated by the chief of police finding such vehicle shall take any information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a parking citation, in such form as prescribed by the chief of police.

(b)

Any person who has received a parking citation in the manner provided above may, within five (5) days after receipt, answer to the violations noted on the citation by paying for each violation a civil penalty in the amount indicated on the parking ticket, except whenever in this chapter a different amount is stated.

(Code 1959, § 13-172; Ord. No. 76-91, 11-18-91)

It shall be unlawful to remove a traffic ticket from a vehicle, or to permit it to be removed, except for the purpose of answering the charge for which it was issued. Any person who shall violate this section shall be guilty of a misdemeanor. Each separate violation of this section shall be considered a separate offense.

(Code 1959, § 13-266.2)

In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the criminal process was parked in violation of any such law or regulation, together with proof that the defendant named in the criminal process was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed, or caused the parking or placing of, such vehicle at the point where, and for the time during which, such violation occurred.

(Code 1959, § 13-173)

State Law reference— Similar provisions, G.S. § 20-163.

Where not otherwise indicated by this article and where the street is not marked to show how vehicles shall park, all vehicles parked upon a roadway where there are adjacent curbs shall park parallel to the curb and with the right-hand wheels of such vehicle not more than eighteen (18) inches from the right-hand curb, except on Sundays on those streets situated in the vicinity of churches at which time angular parking will be permissible.

(Code 1959, § 13-139)

On any street which is marked off with lines indicating the parking spaces for vehicles, such vehicles shall be parked wholly between or within such lines.

(Code 1959, § 13-140)

(a)

The city traffic engineer shall determine upon what streets angle parking shall be permitted and shall mark such streets but angle parking shall not be indicated upon any federal-aid or state highway within the city unless the state highway commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

(b)

On those streets which have been signed or marked by the city traffic engineer for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.

(c)

Vehicles with trailers, or any vehicle the combined length of load and vehicle, of such dimensions as to extend into the traffic lane, shall not be parked within the forty-five-degree spaces indicated at the curb at any place in the city so as to obstruct traffic, but when necessary for such vehicles to park, such vehicles shall park parallel to the curb and not more than eighteen (18) inches therefrom.

(Code 1959, §§ 13-141, 13-142, 13-144)

(a)

The chief of police or his designated representative may issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of the permit. Such permit may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such persons the privilege as therein stated and authorized herein.

(b)

It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.

(Code 1959, § 13-145)

(a)

No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

(1)

On a sidewalk;

(2)

In front of a public driveway;

(3)

Within an intersection;

(4)

On a crosswalk;

(5)

Within twenty (20) feet of a crosswalk at an intersection;

(6)

Within and up to one hundred (100) feet upon the approach to and/or departure from the curbline intersections of any intersecting streets.

(7)

Within fifty (50) feet of the nearest rail of a railroad crossing (applies to parking only);

(8)

Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly signposted);

(9)

Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

(10)

On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(11)

Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(12)

At any place where official signs prohibit stopping;

(13)

On the tree lane, parkway, grass plot or planting strip not used for sidewalk purposes which is situated between the edge of the curb of the street and the walk or other boundary line;

(14)

With the left side of a vehicle to the curb in the business district, nor on any numbered highway route within the city except that on one-way streets vehicles shall stop or be parked headed in the direction of traffic.

(b)

No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

(Code 1959, § 13-146; Ord. No. 2-2000, 1-10-2000; Ord. No. 18-2000, 3-21-2000)

No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

(Code 1959, § 13-147)

(a)

No person shall park a vehicle within a public or private alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway clear and unobstructed for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

(b)

No parking by any motor vehicle shall be allowed in alleyways within a distance of twenty-five (25) feet of the point that any alley intersects with another alley, street or thoroughfare in such a way that such parking would interfere with the turning and operation of the fire apparatus of the fire department.

(c)

Parking of motor vehicles in any such alleyway for the purpose of loading or unloading will be permitted only when such vehicles are properly attended by some person who is capable of moving such vehicle at all times.

(Code 1959, § 13-148)

No person shall park a vehicle upon any roadway for the principal purpose of:

(1)

Displaying the vehicle for sale;

(2)

Washing, greasing or repairing the vehicle except repairs necessitated by an emergency;

(3)

Storage of the vehicle by garages, dealers or other persons, when such storage is not incident to the bona fide use and operation of such automobiles or other vehicles;

(4)

Storage of any recreational vehicle, bus, trailer, van or other vehicle that unreasonably obstructs safe movement within the travel lane or impairs sight visibility from adjoining properties, excluding service related vehicles;

(5)

Advertising.

(Code 1959, § 13-149; Ord. No. 02-10, 1-11-10)

When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized by ordinance, no person shall park a vehicle in any such designated place.

(Code 1959, § 13-150)

When official signs prohibiting parking are erected upon narrow streets as authorized by ordinance, no person shall park a vehicle upon any such street in violation of any such sign.

(Code 1959, § 13-151)

If a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking.

(Code 1959, § 13-152)

When official signs are erected at hazardous or congested places as authorized by ordinance no person shall stop, stand or park a vehicle in any such designated place.

(Code 1959, § 13-153)

(a)

The fire lanes on private property, devoted to public use, as were required in Section 3-1.1.10 of NFPA No. 1 Fire Prevention Code of 1982 and is required in Section 602.6 of Volume V Fire Prevention of the North Carolina State Building Code, which are properly marked and signed shall be enforced.

(b)

The fire lanes on public property are established as follows: The strip of land ten (10) feet in width lying adjacent and parallel to and easterly of the westernmost curbline of the easternmost drive leading into the Hall of Justice and beginning one hundred two (102) feet north of the northern curbline of Water Street and extending north one hundred forty-two (142) feet.

(c)

Each fire lane so established shall be posted by readily visible signs aboveground and no more than one hundred (100) feet apart and worded so as to alert the public to the presence of the fire lane; furthermore, each fire lane shall be marked by lines at least four (4) inches wide, spaced apart four (4) feet on center, painted yellow and so arranged as to be generally perpendicular to vehicular traffic or the wording "Fire Lane" painted yellow with letters at least two (2) inches wide and minimum of twelve (12) inches high.

(d)

Obstructing fire lanes, except by authorized vehicles operating under emergency conditions, shall be prohibited at all times.

(Code 1959, § 13-167.1; Ord. No. 15-87, 5-4-87; Ord. No. 51-93, 9-3-93; Ord. No. 48-94, 10-17-94; Ord. No. 60-96, 10-7-96)

State Law reference— Parking in fire lane prohibited, G.S. § 20-162.

(a)

Parking in the parking lot of the Statesville Police Department at 330 South Tradd Street, with the exception of the operation of the Rotary Farmers Market, shall be limited to two (2) hours. Any vehicle violating this two-hour restriction may be towed at the direction of the Statesville Police Department, and the owner of such vehicle shall be responsible for the towing and storage charges.

(b)

With respect to the operation of the Rotary Farmers Market in the Statesville Police Department parking lot at 330 South Tradd Street, the following parking regulations shall apply:

(1)

During the months of May through October, on Wednesdays and Saturdays from 6:00 a.m. through 12:00 noon, only fee-paying vendors of the Rotary Farmers Market may park in those spaces designated for vendors by the Rotary Club.

(2)

Any vehicles illegally parked in those spaces designated by the Rotary Club for vendors of the Rotary Farmers Market during the times set forth in subsection (1) above may be towed at the direction of the Statesville Police Department, and the owner of such vehicle shall be responsible for the towing and storage charges.

(Ord. No. 50-00, 9-18-2000)

The parking of any truck of two (2) axles or more where the rear axle contains two (2) tires, tractor trailer rigs, recreational vehicles and trailers that have been detached from their cabs, shall be prohibited from parking within unopened, unmaintained street rights-of-way which have been dedicated to public use. Such vehicles may park on such rights-of-way when their sole purpose is the loading or unloading of materials so long as they are properly attended by some person who is capable of moving the vehicle at all times.

(Ord. No. 13-07, 3-19-07)

Parking prohibited on the following streets at all times:

Radio Road: 100 feet north of Virginia Avenue to Radio Road Bridge.

South Mulberry Street: 100 block.

Parking prohibited on west side of specified street at all times:

North Green Street: Between Davie Avenue and East Broad Street.

Parking prohibited on both sides of a specified street at all times:

Alexander Street: Between North Lackey Street and Nursery Lane.

Parking prohibited on east side of specified street at all times:

North Oakwood Drive: Between Davie Avenue and Lawrence Drive.

Oakview Street: Approximately one hundred eighty-four (184) feet from Hartness Road and ending approximately two hundred thirty-four (234) feet from Hartness Road on th other side of the Iredell Medical Center exit onto Oakview Street (fifteen (15) feet in each direction from the exit).

Parking prohibited Monday through Friday 8:00 a.m. to 5:00 p.m.:

East side of South Oak Street: Between Cherry Street and Walnut Street.

(Ord. No. 19-16, 8-15-2016; Ord. No. 10-18, 4-16-2018; Ord. No. 10-21, 3-15-2021; Ord. No. 40-21, 9-20-2021; Ord. No. 43-21, 10-4-2021; Ord. No. 08-23, 3-6-2023; Ord. No. 42-23, 9-18-2023)

No truck exceeding three-quarter ton in capacity shall park on any street within the city limits between the hours of 6:00 p.m. and 6:00 a.m.; and no such truck shall park on any street within the city limits between the hours of 6:00 a.m. and 6:00 p.m. except for the purposes of loading and unloading. No such truck shall be permitted to remain parked for loading or unloading in excess of one (1) hour at any given time.

(Code 1959, § 13-154)

No truck shall load or unload across sidewalks, except coal trucks where it is necessary to reach fuel receptacles in sidewalks. The intent of this section is to prohibit the use of sidewalks for unloading when it is possible to load or unload at the side or rear of buildings.

(Code 1959, § 13-155)

In no case shall a vehicle remain backed up to the curb except when actually loading or unloading. Where rear entrances exist and are available to a business establishment or building it shall be unlawful for any person to back up to the curb in front of such establishment for unloading purposes.

(Code 1959, § 13-156)

The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

(Code 1959, § 13-157(d))

No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

(Code 1959, § 13-158)

The provisions of this division prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

(Code 1959, § 13-159)

The provisions of this division imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

(Code 1959, § 13-160)

Whenever by this division any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the city traffic engineer to erect appropriate signs giving notice thereof and no such regulations shall be effective unless such signs are erected and in place at the time of any alleged offense.

(Code 1959, § 13-161)

(a)

It shall be unlawful to stop, leave standing or park a motor vehicle in the public vehicular areas specified in subsection (d) hereof except as necessary and incidental to patronizing the business establishment located adjacent thereto or at any time when the same is prohibited as specified in subsection (d).

(b)

The activities regulated or prohibited under subsection (a) shall be enforceable only where signs are placed, erected or installed giving notice that stopping, standing or parking a motor vehicle is regulated or prohibited at all times or during certain hours in that public vehicular area. The number, form, placement and message content of such signs shall be approved by the chief of police to ensure that the public will have adequate notice of the conduct prohibited and of the location where the prohibition applies. The person requesting the regulation of a public vehicular area shall bear the entire costs of the purchase and installation of such signs as required herein.

(c)

In order for a public vehicular area to be regulated under this section, the owner or person in general charge of the operation and control of the public vehicular area must submit the request for regulation in writing, in the form of an affidavit, including, at a minimum, the following information:

(1)

Name, home and business address;

(2)

Name, location and type of facility or operation for which regulation is requested;

(3)

Name of owner of the property and, if the applicant is not the owner, the position or authority which entitles the applicant to request regulation;

(4)

Type of regulation requested;

(5)

A description of the specific area of the property which is to be regulated (including, if necessary, a map or drawing).

Applications shall be on forms provided by the city and shall be submitted to the chief of police.

(d)

The regulations and prohibitions enumerated by subsection (a) shall apply at all times, and those enumerated by subsection (a) shall apply during the hours or times specified by ordinance to the public vehicular areas of the locations designated by ordinance.

(e)

This section may be enforced by any law enforcement officer by following the applicable procedures of this chapter. The civil penalty for violation of this section shall be the sum of ten dollars ($10.00). Violation of any provision of this section and failure to pay the civil penalty when due shall give rise to an additional civil penalty.

(f)

This section shall not apply to the owners of businesses adjacent to the respective parking areas regulated or to their employees or agents while performing duties for the owner of the business.

(Code 1959, § 13-167.3)

(a)

Any parking space that is marked with yellow cross marks and has signs erected reading "Drive-in Mail Deposit" shall constitute a drive-in mail deposit zone. Such zone shall be as established by ordinance.

(b)

No person shall stop, stand or park a vehicle on any drive-in mail deposit zone for any purpose other than for depositing mail in the drive-in mail deposit box, and for any time longer than necessary to so deposit mail.

(Code 1959, § 13-168)

When signs are placed, erected or installed giving notice thereof, no person shall park a vehicle for longer than two (2) hours at any time between the hours of 7:00 a.m. and 6:00 p.m. of any day except Sunday and public holidays, upon any part of the streets designated by ordinance. The changing of a position of a vehicle from one (1) point directly to another point within the same block shall be deemed one (1) continuous period.

(Code 1959, § 13-171.1)

When appropriate signs as have been approved by the Statesville Police Department designating "funeral parking" are placed at parking spaces adjacent to churches prior to funeral services, to the extent necessary to meet the reasonable parking needs of the family and mourners attending such funeral services, parking in those spaces is prohibited, except for the purpose of attending those funeral services being conducted therein.

(Ord. No. 42-88, 9-9-88)

(a)

It shall be unlawful to stop, leave standing, or park a motor vehicle in any marked on-street parking space and/or marked space in a publicly owned or leased parking lot except as necessary and incidental to patronizing a business establishment, government building, church, or school located adjacent thereto or at any time when the same is prohibited as specified by other adopted ordinances.

(b)

The activities regulated or prohibited under subsection (a) herein shall be enforceable only where signs are placed, erected, or installed giving notice that stopping, standing or parking a motor vehicle is regulated or prohibited at all times or during certain hours.

(c)

This section shall not apply to owners of businesses adjacent to the respective parking areas regulated or to their employees, or agents while performing duties for the owner of the business.

(d)

This section shall be enforced by any law enforcement officer by following the applicable procedures of this chapter. The civil penalty for violation of this section will be the sum of twenty-five dollars ($25.00). Violation of any provision of this section and failure to pay the civil penalty when due shall give rise to an additional civil penalty.

(Ord. No. 56-90, 11-19-90)

There shall be a two-hour parking limit for parking spaces on West Broad Street in front of the Old Federal Court House.

(Ord. No. 10-04, 4-19-04)

The city manager or his representative is authorized to mark off individual parking spaces in all municipal off-street parking lots on the curbing or the surface of the pavement.

(Code 1959, § 13-185(a))

It shall be unlawful for any person to:

(1)

Park any vehicle across any line or marking of a parking space or in such a position that the vehicle is not entirely within the area designated by such lines or markings;

(2)

Park any vehicle within the area designated as a parking space for the purpose of making sales of any property to any person therefrom;

(3)

Park any vehicle within a municipal off-street parking lot at any place other than a designated parking space.

(Code 1959, § 13-185(b))

Parking a vehicle within the municipal off-street parking lots or portions thereof as designated by ordinance shall be permitted from the hours of 9:00 a.m. to 6:00 p.m.

(Code 1959, § 13-186(b), (c); Ord. No. 33-05, 8-1-05)

(a)

All marked parking spaces located in the City Hall Building parking lot shall be reserved for government vehicles, employees and visitors associated with the building. Violators of this section shall be subject to towing at the owner's expense.

(b)

The first five (5) spaces on the north side of the building, also such spaces being the closest to Center Street shall temporarily be designated two-hour parking spaces for the public in accordance with section 12-183 of the Code.

(Ord. No. 18-90, 5-21-90)

When signs are placed, erected or installed in a municipal parking lot giving notice thereof, no person shall park a vehicle between the hours of 1:30 a.m. E.S.T. and 6:00 a.m.

(1)

This section shall not apply to residents, owners or employees of the downtown business district.

(2)

City employees may request verification of residency, ownership or employment to ensure compliance with the above stated exceptions.

(Ord. No. 54-90, 11-19-90; Ord. No. 31-05, 8-1-05; Ord. No. 20-11, 9-19-11)

Nothing in this division shall be construed as prohibiting the city from providing for five-minute zones, loading zones, bus stops, and other matters of similar nature, including the loading or unloading of trucks, vans or other commercial vehicles.

(Code 1959, § 13-202)

The downtown parking map, which is a map of the downtown business district of the city, is filed in the office of the city clerk and treasurer showing the streets situated therein. The streets on the map are shown and designated by their official names. This map is a part of the Code as fully as if it were completely copied and shown in this section. This map shall be entitled "Parking Spaces—Central Business District."

(Code 1959, § 13-193)

The city manager or his representative is directed and authorized to mark off individual parking spaces in the parking zones designated and described in this division and in such other zones as may hereafter be established, such parking spaces to be designated by lines painted or durably marked on the curbing or surface of the street. At each space so marked, it shall be unlawful to park any vehicle in such a way so that the vehicle shall not be entirely within the limits of the space so designated.

(Code 1959, § 13-194)

When a parking space in any downtown business district parking zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle shall be alongside and nearest to the front line of the parking space; when a parking space is diagonal to the curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of the vehicle directed at and nearest to the front line of the parking space.

(Code 1959, § 13-195)

Parking or standing a vehicle in a designated space in a two-hour-limit space in the downtown business district parking zone shall be lawful for two (2) hours.

(Code 1959, § 13-196)

The two-hour limit parking spaces in the downtown free parking zone shall be every day between the hours of 9:00 a.m. and 6:00 p.m., except Sundays and the following legal holidays: the day designated and set aside by the President of the United States as Thanksgiving, and December 25, January 1, and any other legal holidays declared by the mayor and city council.

(Code 1959, § 13-197)

(a)

Notwithstanding any other section of the Code, parking or standing a vehicle in the following designated spaces shall be lawful for up to thirty (30) minutes; the first three (3) parking spaces lying along the east side of South Center Street and north of East Front Street.

(b)

This parking time limit shall apply everyday between the hours of 7:00 a.m. until 5:00 p.m. except Saturdays, Sundays and legal holidays declared by city council.

(Ord. No. 49-89, 12-18-89; Ord. No. 32-05, 8-1-05)

(a)

It shall be unlawful and a violation of the provisions of this division for any person to:

(1)

Cause, allow or permit any vehicle to be parked overtime or beyond the legal parking time established for such downtown spaces;

(2)

Park any vehicle across any line or marking of a parking space or in such a position that the vehicle should not be entirely within the area designated by such lines or markings;

(3)

Park any vehicle within the area designated as a parking zone for the purpose of making sales of any property to any person on the street. This section shall not apply to the selling or delivery of goods sold within the buildings abutting on such streets.

(b)

Any vehicle parked beyond the legal parking limit shall be subject to receive a parking citation and an additional citation shall be issued for each successive legal parking period or fraction thereof which the vehicle exceeds the original parking limit.

(Code 1959, § 13-198)

Notwithstanding any other section of this Code, parking or standing a vehicle in the following designated spaces shall be lawful for three (3) hours:

The Blankenship Parking Lot located behind 115 South Center Street which includes the first seven (7) spaces lying along the west side of Cooper Street north of the Cooper Street Drive entrance.

(Code 1959, § 13-199; Ord. No. 71-91, 11-4-91; Ord. No. 34-05, 8-1-05; Ord. No. 52-09, 12-21-09)

When signs are placed, erected or installed in each block described in section 12-202 (downtown street map), as amended, giving notice thereof, no person shall park a vehicle between the hours of 2:30 a.m. E.S.T. to 6:00 a.m.

(1)

This section shall not apply to residents, owners or employees of property in the downtown business district, with the exception of Wednesday nights, when parking shall be prohibited from 2:30 a.m. to 6:00 a.m. in order to provide for street cleaning.

(2)

City employees may request verification of residence, ownership or employment to ensure compliance with the above stated exception.

(Ord. No. 55-90, 11-19-90; Ord. No. 46-93, 8-16-93; Ord. No. 20-11, 9-19-11)

This article also applies to mopeds. Wherever in this article the words "bicycle" or "bicycles" shall appear, they shall be deemed to include "moped" or "mopeds."

(Code 1959, § 13-48.1)

(a)

The parent or legal guardian of any child under the age of sixteen (16) years shall not authorize or knowingly permit any such child to violate any of the provisions of this article.

(b)

These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway, sidewalk, alleyway, any other public way, or upon any path set aside for the exclusive use of bicycles, subject to the exceptions stated herein; provided further, that the provisions of this section shall not apply to any bicycle temporarily operated in or through the city.

(Code 1959, § 13-48)

A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate is attached thereto as provided herein and such bicycle is supplied with the equipment required by law.

(Code 1959, § 13-56)

Every person engaged in the business of buying or selling new or secondhand bicycles shall make a report to the police department of every bicycle purchased or sold by such dealer, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof, and the number of license plate, if any, found thereon.

(Code 1959, § 13-57)

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles or by the traffic regulations of this city applicable to the driver of a vehicle, except as to special regulations in this article and except as to those provisions of laws and provisions which by their nature can have no application.

(Code 1959, § 13-58)

(a)

Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs and other devices applicable to vehicles, unless otherwise directed by a police officer.

(b)

Whenever authorized signs are erected indicating that no right or left turn or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

(Code 1959, § 13-59)

(a)

A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.

(b)

No bicycle shall be used to carry more persons at one (1) time than the number for which it is designed and equipped.

(Code 1959, § 13-60)

(a)

Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b)

Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(c)

Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders shall use such path and shall not use the roadway.

(Code 1959, § 13-61)

(a)

When directed by ordinance the police department is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same.

(b)

Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian.

(Code 1959, § 13-62; Ord. No. 39-97, 8-4-97; Ord. No. 13-05, 5-2-05; Ord. No. 56-08, 12-15-08)

The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across the alleyway, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.

(Code 1959, § 13-63)

No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one (1) hand upon the handlebars.

(Code 1959, § 13-64)

No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic.

(Code 1959, § 13-65)

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

(Code 1959, § 13-66)

No person shall have in his possession or ride or propel a bicycle on any street, sidewalk, alleyway, any other public way, or upon any public path set aside for the exclusive use of bicycles within the city, a bicycle which has had the frame number altered, changed or destroyed.

(Code 1959, § 13-52(a))

Any law enforcement officer of this city may impound any bicycle operated in violation of the provisions of this article and retain possession of the same until ownership is established; provided, that nothing herein contained shall be construed to limit the authority of law enforcement officers to take into custody any bicycle believed to be stolen.

(Code 1959, § 13-55.1)

No person shall ride or propel a bicycle on any street, sidewalk, alleyway, any other public way, or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been registered and a license plate is attached thereto as provided herein.

(Code 1959, § 13-49)

Application for a bicycle license and license plate shall be made upon a registration form provided by the city and shall be made to the police department. The registration of bicycles shall be permanent for the life of the bicycle, subject to the provisions of this division governing transfer of ownership.

(Code 1959, § 13-50)

(a)

The police department, upon receiving proper application therefor, is authorized to issue to the person registering the bicycle an appropriate license and license plate. Upon satisfactory evidence that any such license or license plate has been lost or destroyed, the police department shall issue to the owner of such registered bicycle a duplicate.

(b)

The police department shall not issue a license and license plate for any bicycle when they know or have reasonable grounds to believe that the applicant is not the owner of or entitled to the possession of such bicycle.

(c)

The police department shall keep a record of the number of each license and license plate, the date issued, the name and address of the person to whom issued, and the number on the frame of the bicycle for which issued.

(d)

The police department, upon receiving proper application therefor, and not finding a number on the frame of the bicycle for which application is being made, shall issue and stamp into the metal of the frame a number of a type and in a place designated by the chief of police.

(Code 1959, § 13-51)

(a)

The license plate issued pursuant to this division shall bear the license number assigned to the bicycle and the name of the city.

(b)

The police department shall cause such license plate to be firmly attached to the bicycle for which issued in such a manner as to be plainly visible.

(c)

No person shall transfer a permanent license plate from one (1) bicycle to another bicycle. Nor shall any person remove a permanent license plate from a bicycle for which the license plate was issued, except that if the bicycle is dismantled and/or no longer operated within the city where a license plate is needed, the person in whose name the bicycle is registered shall return to the police department his license plate for the bicycle.

(Code 1959, § 13-53)

The chief of police, or an officer assigned such responsibility, shall inspect each bicycle before licensing the same and shall refuse a license for any bicycle which he determines is in an unsafe mechanical condition; furthermore, any person found operating any bicycle which has been licensed and is in an unsafe mechanical condition shall have his license for the bicycle revoked until such time as he presents satisfactory evidence to the chief of police or his subordinate that the bicycle is in a safe mechanical condition.

(Code 1959, § 13-54)

It shall be the duty of every person who sells or transfers ownership of any bicycle to report the sale or transfer by returning to the chief of police the license card and the license plate, together with the name and address of the transferee, if applicable. The report must be made within five (5) days of the transfer. It shall be the duty of the transferee to apply for a transfer of registration within five (5) days of the date of the transfer.

(Code 1959, § 13-55)

It shall be unlawful to destroy, mutilate or alter the license plate or license card; provided, that nothing herein shall be construed to prohibit the chief of police from stamping the numbers on bicycle frames for identification purposes, or from removing or destroying license plates and license cards if necessary to comply with the provisions of this article.

(Code 1959, § 13-52(b))