§ 17D-4. Application of State highway and motor vehicles laws at the academy; authority of Department of Justice to regulate traffic, etc. - North Carolina Statutes

§ 17D‑4.  Application ofState highway and motor vehicles laws at the academy; authority of Departmentof Justice to regulate traffic, etc.

(a)        Except as otherwiseprovided in this section, all of the provisions of Chapter 20 of the GeneralStatutes relating to the use of highways of the State and the operation ofvehicles thereon are applicable to all streets, alleys, driveways, and parkinglots on academy property. Nothing in this section modifies any rights ofownership or control of academy property, now or hereafter vested in the Stateof North Carolina ex rel., Department of Justice.

(b)        The Department ofJustice may by ordinance prohibit, regulate, divert, control, and limitpedestrian or vehicular traffic and the parking of vehicles and other modes ofconveyance on the campus. In fixing speed limits, the Department of Justice isnot subject to G.S. 20‑141(f) or (g), but may fix any speed limitreasonable and safe under the circumstances as conclusively determined by theDepartment of Justice. The Department of Justice may not regulate traffic onstreets open to the public as of right, except as specifically provided in thissection.

(c)        The Department ofJustice may by ordinance provide for the registration of vehicles maintained oroperated on the campus by any student, faculty member, or employee of theacademy and may fix fees for such registration. The ordinance may make itunlawful for any person to operate an unregistered vehicle on the campus whenthe vehicle is required by the ordinance to be registered.

(d)        The Department ofJustice may by ordinance set aside parking lots on the campus for use bystudents, faculty, and employees of the academy and members of the generalpublic attending schools, conferences, or meetings at the academy, visiting ormaking use of any academy facilities, or attending to official business withthe academy. The Department of Justice may issue permits to park in these lotsand may charge a fee therefor. The Department of Justice may also by ordinancemake it unlawful for any person to park a vehicle in any lot or other parkingfacility without procuring the requisite permit and displaying it on thevehicle.

(e)        The Department ofJustice may by ordinance provide for the issuance of stickers, decals, permitsor other indicia representing the registration of vehicles or the eligibilityof vehicles to park on the campus and may by ordinance prohibit the forgery,counterfeiting, unauthorized transfer, or unauthorized use of such stickers,decals, permits or other indicia.

(f)         Violation of anordinance adopted under any portion of this section is a Class 3 misdemeanor.An ordinance may provide that certain acts prohibited thereby shall not beenforced by criminal sanctions, and in such cases a person committing any suchact shall not be guilty of a misdemeanor.

(g)        An ordinanceadopted under this section may provide that a violation will subject theoffender to a civil penalty. Penalties may be graduated according to theseriousness of the offense or the number of prior offenses committed by theperson charged. The Department of Justice may establish procedure for thecollection of these penalties and may enforce the penalties by civil action inthe nature of debt. The Department of Justice may also provide for appropriateadministrative sanctions if an offender does not pay a validly due penalty orhas committed repeated offenses. Appropriate administrative sanctions include,but are not limited to, revocation of parking permits, termination of vehicleregistration, and termination or suspension of enrollment in or employment bythe academy.

(h)        An ordinanceadopted under this section may provide that any vehicle illegally parked may beremoved to a storage area, in which case the person so removing the vehicleshall be deemed a legal possessor within the meaning of G.S. 44A‑2(d).

(i)         Evidence that avehicle was found parked or unattended in violation of a council ordinance isprima facie evidence that the vehicle was parked by:

(1)        The person holdingan academy parking permit for the vehicle;

(2)        If no academyparking permit has been issued for the vehicle, the person in whose name thevehicle is registered with the academy pursuant to subsection (c); or

(3)        If no academyparking permit has been issued for the vehicle and the vehicle is notregistered with the academy, the person in whose name it is registered with theNorth Carolina Department of Motor Vehicles or the corresponding agency ofanother state or nation.

The rule of evidence establishedby this subsection applies only in civil, criminal, or administrative actionsor proceedings concerning violations of ordinances of the Department ofJustice. G.S. 20‑162.1 does not apply to such actions or proceedings.

(j)         The Department ofJustice shall cause to be posted appropriate notice to the public of applicabletraffic and parking restrictions.

(k)        All ordinancesadopted under this section shall be filed in the offices of the North CarolinaAttorney General and the Secretary of State. The Department of Justice shallprovide for printing and distributing copies of its traffic and parkingordinances.

(l)         All moneysreceived pursuant to this section shall be State funds as defined in G.S. 143C‑1‑1.(1977, c. 831,s. 2; 1979, c. 763, s. 2; 1993, c. 539, s. 309; 1994, Ex. Sess., c. 24, s.14(c); 2006‑203, s. 12.)