HITEI  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m.-T Tuesday, August 22, 2023 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council of the City of Whiteville was called to order on Tuesday, August 22, 2023, at 6:30 p.m., at 317 S. Madison Street, Whiteville, NC,  28472. 1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Jimmy Clarida, Tim Collier, Helen BI Holden, Kevin' Williamson, and Emory Worley  Vickie Pait  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Robert Lewis, Planning Director; Doug Ipock, Police Chief; David Yergeau, Fire Chief; Hal Lowder, Emergency Services Director; Josh Harris; Modesto Martinez; Rashmi Bhagalia (Mr. Raj); Vrujesh Bhagalia; Melissa Andrews; Pamela Howell; Albert Baltazar; Trevor Carroll; Amanda Sasser; Jenny  Meekins; Members of the Public 2) CALLTO ORDER By Mayor Mann at 6:30 pm. 3) INVOCATION 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann. 5) ADOPTION OF AGENDA Helen BI Holden SECONDED the motion. VOTE: 6-0 (Unanimous) Kevin Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Provided by Mayor Pro Tem. Jimmy Clarida.  Tim Collier MOVED to approve the adoption of the agenda as presented.  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden,  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes held on August 8, 2023 as presented. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin' Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Emory Worley MOVED to approve the minutes for the regular meeting  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  7) PUBLIC COMMENT None. 8) PUBLIC HEARING    Mayor Mann Opened the Public Hearing at 6:33 pm.  Mr. Lewis provided opening remarks reminding those in attendance and the City Council that this application is for a rezoning of property located at 258 West Frink Street. He reported that the requested rezoning is to move the property to the B-3, Highway Serving Business zoning designation. He asked that Council and those in attendance remember to consider all the uses permitted in the B-3 district. He stated that he realizes the applicant has documented his intended use for the rezoned property, should it be approved. Her reminded Council that hei included ini the agenda packet a copy of permitted Mr. Lewis advised that the applicants names are Rashmi Bhagalia and' Vrujesh Bhagalia and that he refers to Rashmi Bhagalia as Mr. Raj. Mr. Lewis presented the application to Council, stating Rashmi & Vrujesh Bhagalia has submitted an application for the rezoning of approximately +0.65 acres from Residential (R-20) to Highway Serving Business (B-3). The subject property is located at 258 West Frink St. (PID#1452). The property is located in the city limits. He reported that the public hearing has been appropriately advertised and notification has been sent to adjacent property owners. He advised that the Planning Board held a public hearing at their July meeting and recommended approval of the rezoning. The applicant stated in his application that he would like to build a hotel on the property. Mr. Lewis reported on the other adjacent and nearby properties in the B-3 zoning district and that the future land use plan does designate the site as commercial. He reminded Council that with the widening project on JK Powell Blvd, there will be more commerical opportunities in that area and this site is prone for more potential commercial development in the future. He reported that he feels in the future this area will move more towards commercial development and away from a residential zoning district. He reported on the table for permitted uses for the B-3 zoning district, advising that al hotel is included in that list. Mr. Lewis reported that iti is the recommendation of Staff for Council to consider approving the requested Council Member Worley asked for clarification regarding the: zoning designation ofB-3, Highway Serving Business district since the property does not face JK Powell Blvd and is not adjacent to it. Mr. Lewis explained the area for the B-3 zoning designation. Mayor Mann stated that the definition for highway serving business does not mean that it has to be adjacent to the highway, that this is how the State applies that classification. Mr. Lewis concurred. Brief discussion The Council invited the applicant, Mr. Raj, to the podium for his comments. Mr. Raj stated that he is the property owner. He reported that hei is trying to get the property rezoned B-3 so that he can later combine it with adjacent properties that he already owns which have already been rezoned to B-3. He reported that he wants to build a hotel. Mr. Raj acknowledged that he owns the Holiday Motel. Council Member Holden asked who owns the property next to 258 West Frink Street. Mr. Raj pointed out to Mr. Modesto Martinez. Council Member Holden asked Mr. Martinez his opinion regarding the requested rezoning on the property. Mr. Martinez stated that he does not have an objection to requested rezoning, though he would like al buffer zone in place and quiet time rstrictions. He reported that he currently has the property on the market and is selling it as residential. Discussion ensued. Mr. Lewis reminded Council that all scope of uses must be considered in the B-3 zoning designation. He explained to Council that any site plans for the property would require staff to review and to approve prior to site development. More discussion ensued. Mr. Raj stated that Mayor Mann asked that if anyone wanted to speak for or against the requested rezoning should approach Council and state their name and address. He asked that those wishing to speak limit their comments to no more than three Ms. Melissa Andrews: She stated that she opposes the requested rezoning. Ms. Pamela Howell: She stated thats she opposes the requested rezoning. Mr. Albert Baltazar: He asked how would the Council retain the residential neighborhood in area of the requested rezoning. Mr. Lewis advised that a buffer, vegetative or fencing could provide the differential of residential and Mr. Trevor Carroll: He stated that he opposes the requested rezoning.  uses int the B-3: zoning designation.  rezoning.  ensued.  he needed the support and help of Council for this project.  minutes.  commercial properties int the area.    Ms. Amanda Sasser: She stated that she believes that Whiteville needs a Ms. Jenny Meekins: She stated that she opposes the requested rezoning. Mayor Mann commented that the whole block is already zoned B-3. He commented on the traffic on Frink Street, stating that it will increase over time due to Biscuitville locating in that area. Mr. Lewis stated that the persons speaking provided valid comments and should be considered. Mayor Mann asked Mr. Raj if a hotel would fit properly on the proposed properites. Mr. Raj assured him thati it would. Mr. Lewis stated that Staffi is working on language to add to the zoning ordinance regarding some of the questions and comments  hotel.  made during the Public Hearing.  Mayor Mann Closed the Public Hearing at 7:07 pm.  9) BUSINESS  9.1) Discussion & Decsion-P8Z23-07-91 Rezoning. R-20to B-3258 West Mayor Mann asked if there were any additional comments or discussion regarding this matter, there were none. Mayor Pro Tem Clarida MOVED, SECONDED by Council Member Holden to approve the Statement of Plan Consistency. Mayor Mann asked that the motion and Helen B Holden MOVED to approve the rezoning of approximately 0.65 acres from R-20 to B-3 at 258 West Frink Street (SUBSTITUTE  Frink Street  vote be delayed until after the rezoning is voted on.  MOTION). VOTE:2-4  Jimmy Clarida SECONDED the motion.  Yeas: 2 (Jimmy Clarida, Helen BI Holden) Worley) Absent: 1( (Vickie Pait)  Nays: 4 (Terry Mann, Tim Collier, Kevin Williamson, Emory  MOTION TO APPROVE THE REZONING FAILED. Emory Worley MOVED to deny the rezoning approximately 0.65 acres from R-20 to B-3 at 258 West Frink Street (ORIGINAL MOTION). Kevin Williamson SECONDED the motion.  VOTE: 4-2 Worley) Nays: 2( (Jimmy Clarida, Helen BI Holden) Absent: 1 (Vickie Pait)  Yeas: 4 (Terry Mann, Tim Collier, Kevin Williamson, Emory  MOTION TO DENY THE REZONING PASSED. Council Member Worlery stated that he had concerns regarding increased traffic in the Terry Mann MOVED to deny the Statement of Plan Consistency and Reasonableness for the proposed rezoning of approximately 0.65 acres Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  area and the uncertainity of the proposed project. from R-201 to B-3 at 258 West Frink Street. VOTE: 6-0 (Unanimous) Holden, Kevin' Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Mr. Lewis read the Statement of Plan Consistency into the record: The adopted Future Land Map identifies the subject parcel as commercial. However, there are still remaining residential uses adjacent to the site making a commercial zoning designation not in harmony with the surrounding neighborhood. The proposed rezoning is not consistent with the Land Use Plan and is not reasonable or in the public's interest 9.2) Consideration for Ordinance No. 2023-0-90; An Ordinance to Repeal Chief Ipock. approached Council and explained Police department staff is advising that it is no longer necessary for the City of Whiteville to regulate by City Ordinance, the operation of golf carts. He explained that North Carolina General Statutes 20-4.01(12b), 20- 4.1, 20-50, 20- 141, 20-129, and 20-309 provide for the registration, insuring, and operation of golf carts in North Carolina. Brief discussion ensued.  at this time.  the City's Golf Cart Ordinance    Kevin' Williamson MOVED to approve Ordinance No. 2023-0-90.  Emory Worley SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin Williamson, Emory Worley) Nays: 0 Absent: 1 (Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  10) COUNCIL COMMENTS  Council Member Worley inquired about the Police department's monthly report and the number of calls being reportedlogged. Brief discussion- ensued. Council Member Collier commented about West Whiteville Park and the American Legion. Mayor Mann reminded the Council that Whiteville City Schools is holding their annual Back To School breakfast on Wednesday, August 23rd. He also reminded the Council of the Columbus County Intergovernmenta. Meeting scheduled for Monday, August 28th at the Depot,  her reported that the Cityi is hosting this quarter's meeting.  11) REPORTS  11.1) Manager's Update  Mr. Currie reported on the following areas: 1) Mollies Branch Phase II- He reported the project is now on Main Street and the contractor will move the water line quickly. He explained that the elevation of the water main interferes with the new sewer line. 2) Meeting with NCDOT He explained that he and Mr. Travis Faulk met DOT regarding their plan for repaving city street. He advised that he is working with our engineering firm to see if we can replace as much water and sewer ahead of them as possible. 3) Meeting with Senator Budd He reported that he and Mayor Mann met with Senator Budd and conducted a downtown walk on Thursday. Senator Budd was on a tour in the area and was able to speak with local businesses along through downtown. City Council received reports in their agenda packets from the following departments: City Clerk, Economic Development, Emergency Services, Finance, Fire, HR, Inspections, Parks and Recreation, Planning, Police, Public  Works, and WWTP. 12) CLOSED SESSION  12.1) Pursuant to NC6S1631101D4  Jimmy Clarida MOVED to approve moving into Closed Session, pursuant to NCGS 143.318.11 (a) (1). (4) Summary Conference with Legal Counsel, to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations at7:22  pm.  Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Holden, Kevin' Williamson, Emory Worley) Nays: 0 Absent: 1(Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B  Council moved back into Open Session at 7:45 pm. No action was Kevin Williamson MOVED to approve the adjournment of the regular meeting  taken.  13) ADJOURNMENT  held on August 22, 2023 at 7:46 pm. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Kevin' Williamson, Emory' Worley) Nays: 0 Absent: 1 (Vickie Pait)  Yeas: 6 (Terry Mann, Jimmy Clarida, Tim Collier, Helen B Holden,  Terry L. Mann,      BSPAE Bonnie T. Williams, CITY CLERK  E    ORDINANCE NO.: 2023-0-90  CITY OF WHITEVILLE, NORTH CAROLINA  AN ORDINANCE REPEALING CODE OF ORDINANCES, CHAPTER 74, GOLF CARTS WHEREAS, in 2012 pursuant tot the authority provided byl N.C.G.S. 160A-304, the City Council adopted Chapter 74 oft the Whiteville Code of Ordinances toa address thei interest of publics safety relating to the operation ofg golfo carts withint the CityLimits of Whiteville. Bya adoptingt the Ordinance, the City Council was addressing obvious safety issues and made no determination that the operation of golf carts on City streets iss safe or advisable. All persons who operate or1 ride upon golf carts on Citys streets do so at their own risk andj peril andi must comply with: all Statel Laws andi must bec observant ofa anda attentive tot thes safety oft themselves and others, including their passengers, other motorists, bicyclists and pedestrians; and WHEREAS, North Carolina General Statutes 20-4.01(12b), 20-4.1, 20-50, 20-141, 20-129, and 20-309 provide for the registration, insuring, and operation of golf carts in! North Carolina; and WHEREAS, Because oft the provisions madel by State law, the City Council determines that itis no longer necessary tos regulate by City Ordinancet the operation of golf carts within the city limits of the NOW, THEREFORE, BEI IT ORDAINED by thc City Council oft the City of Whiteville that int the Whiteville City Coded of Ordinances, Chapter 74, entitled' "GolfCarts" ish hereby repealede effective  City of Whiteville. immediately. Votes: For 6 Votes: Against o BY:  ADOPTED, this the a2 day of August, 2023.  ay Hlou Terryl L. Mann, Mayor  ATTEST:  "Kmohl Bonnie T. Williams, City Clerk FILITEVT  APPROVED AS1 TOF FORM: CarltonF. Williamson Williamson, Walton & ScoltL LLP Atlomeya atlaw 136 Washingtons Street Whitevillc, NC2 28472 910-642-7151  Page Tof7 Ordinance No. 2023-0-90  1833    520-4.01(12b). Definitions. Unless the context requires otherwise, thet following definitions apply throughout this Chapter tot the defined words and phrases and their cognates: Golf Cart. Av vehicle designed and manufactured for operation ona a golf course for sporting orr recreational purposes and 520-4.1. Declaration of policy. Itist the policy oft this State top promote and encourage the fullest possible use ofi its highway system bya authorizing the making ande execution ofr motor vehicler reciprocal registration agreements, arrangements. and declarations with other states, provinces, territories and countries with respect to vehicles registered int this ands such other states, provinces, territories and countries thus contributing to the economic and sociald development: andg growth oft this State. (1961,C. 520-50. Owner tos secure registration and certificate of title; temporary registration markers. (a)A vehiclei intended tob be operated upon any highway oft this State must ber registered with the Divisioni in accordance with G.S. 20-52, and the owner oft the vehicle must comply with G.S. 20-52 before operating the vehicle. Av vehicle that is leased toa ani individual whoi isar resident oft this State isav vehicle intended to be operated upona al highway oft this State. The Commissioner of Motor Vehicles ort the Commissioner's duly authorized agenti ise empowered to granta a special one-wayt tripp permit tor move av vehicle without license upon good cause being shown. Whent the owner ofav vehiclel leases thev vehicle toa a carrier of passengers or property and the vehiclei isa actually used byt the carrier int the operation ofi its business, the license plates may bec obtained by the lessee, upon written consent oft the owner, after the certificate of title has been obtained by the owner. When the owner ofav vehicle leases the vehicle to at farmer and the vehicle isa actually used by the farmer in the operation ofai farm, thel license plates may be obtained byt the farmer att the applicable farmer rate, upon written consent oft the owner, after the certificate of title has been obtained! by the owner. The lessees shall make application ona ana appropriate form furnished byt the Division and file suche evidence oft thel lease ast the Division may require. (b)1 The Division may issue at temporary license platef fora a vehicle. At temporary license platei is valid for the period set by the Division. The period may not bel lesst than: 10 days norr more than 60 days. A personr may obtaina temporary license plate for a vehicle byf filinga ana application witht the Division and paying the required fee. An application must bef filed ona at form provided by thel Division. The feef fora at temporary! license plate that isv valid for 100 daysi is ten dollars ($10.00). The feef forat temporary license platet thati isv valid for more than 10 daysi ist the amount that would be required witha ana application fora al license platef fort the vehicle. Ifap person obtains fora a vehiclea a temporaryl license platet that is valid for more than 100 days and files ana application for al license plate for that vehicle before the temporary licensep plate expires, the person is not required to pay the fee that would otherwise be required for the license plate. A temporaryl license platei is subjectt tot thet following limitations and conditions: (1) Itr may be issued only upon proper prooft that the applicant has met the applicable financialr responsibility requirements. (2)lt expires onr midnight oft the day set fore expiration. (3)! It mayl be used only ont the vehicle for whichi issued and may not be transferred, loaned, ora assigned to another. (4) Ifiti isl lost ors stolen, the person who applied fori it must notifyt the Division. (5)ltr may not bei issued bya dealer. (6) Thep provisions ofG.S. 20- 63, 20-71, 20-110 and: 20-111 that applyt tol licensep plates applyt tot temporary license platesi insofara as possible. (1937, C. 407,s. 15; 1943,0 C. 648; 1945, c. 956, S. 3;1 1947, C. 219,5 5.2;1 1953, C. 831, 5.3 3;1957, NCC General Statutes- Chapter 201 171c.2 246, s.2 2;1 1961, C. 360, s.1 1;1 1963,c.5 552,5.1;1 1973,0 c.919;1 1975, C.4 462; C.7 716, s.5 5;c.7 767,s.1 1;1995, C. 394, s.1;1 1999-438, S. 26;2 2005-276, $.44.1(); 2015-241,S.  that isr not capable ofe exceeding speeds of2 20r miles per hour.  642,5.1.)  29.35(b).)  Page2of7. Ordinance/ No. 2023-0-90    $20-129. Required lightinge equipment ofv vehicles. (a) When) Vehicles Must Be Equipped. - Every vehicle upona a highway withint this State shall bee equipped with lighted) headlamps and rear lamps asr required for different classes ofv vehicles, ands subjectt to exemption withr reference tol lights onp parked vehicles as declaredi in G.S. 20-134: (1) Duringt the periodf from: sunsett tos sunrise, (2) Whent there isr not sufficient light tor render clearly discernible any persond ont thel highway atac distance of4 400f feet ahead, or (3) Repealed by Session Laws 1989 (Reg. Sess., 1990), C. 822,s.1.(4)A Ata any othert time when windshield wipers arei in use asa ar result ofs smoke, fog, rain, sleet, ors snow, or wheni inclement weather or environmental factors severely reduce the ability to clearly discerny persons and vehicles ont the street and highway atac distance of5 500f feet ahead, provided, however, the provisions oft this subdivision shall not applyt toi instances wheny windshield wipers are usedi intermittently inr misting rain, sleet, ors snow. Any person violating this subdivision duringt the periodf from October 1,1 1990, through! December 31, 1991, shall be givena a warning of the violation only. Thereafter, any person violating this subdivision shall have committed: ani infraction: and shall payaf fine off five dollars ($5.00): ands shall not be assessed court costs. No drivers license points, insurance points or premium surcharge shall be assessed on account ofv violation oft this subdivision and nor negligence orl liabilitys shall be assessedo on ori imputed to any party ona account ofav violation oft this subdivision. The Commissioner ofN Motor Vehicles and the Superintendent of Public Instruction: shalli incorporate into driver education programs and driver licensing programsi instruction designed to encourage compliance with this subdivision as ani important means ofr reducing accidents by making vehicles more discernible during periods ofl limited visibility. (b) Headlamps on Motor Vehicles. - Every self-propelledr motor vehicle othert than motorcycles, road machinery, and farm tractors shall be equipped with atk least twol headlamps, alli ing good operating condition witha atl least one one each: side of the front oft the motor vehicle. Headlamps shall comply with the requirements and limitations setf forth in G.S. 20-131 or 20-132. (c) Headlamps on Motorcycles.- - Every motorcycle shall be equipped with atk least one and not more than two headlamps which shall comply with the requirements andl limitations setf forthi in G.S.: 20-131 or 20-132." Thel headlamps ona motorcycle: shall be lighteda ata allt times whilet the motorcycle isi in operation on! highways or public vehicular areas. For purposes oft this section, NC General Statutes Chapter 20: 347 the term motorcycle" shall noti include autocycles. Autocycles shall be subject to1 the requirements under this section for motor vehicles. (d) Rear Lamps.- Every motor vehicle, ande everyt trailer or semitrailer attached toa a motor vehicle ande every vehicle whichi isb beingo drawna att the end ofac combination of vehicles, shall have all originally equippedr rearl lamps ort thee equivalent ing good working order, which lampss shalle exhibit ar red light plainly visible under normal atmospheric conditions from a distance of 500 feet tot the rear ofs such vehicle. One rear lamp ora a separate lamps shall be So constructed: and placed that the number plate carried ont the rear ofs suchy vehicle shall under like conditions be illuminated bya white lighta ast tob ber read from a distance of 50f feet tot the rear ofs such vehicle. Every trailer or semitrailer shall carry at the rear, ina addition tot the originally equipped lamps, a red reflector oft the typev which has been approved byt the Commissioner: and whichi is sol located ast tol heighta andi iss sor maintained: ast tob be visible for atl least! 500f feet when opposed by a motor vehicle displaying lawfulu undimmed lights atr night ona an unlighted highway. Notwithstandingi the provisions oft thei first paragraph oft this subsection, it shall not ber necessary fora at trailer weighing less than 4,000 pounds, ora at trailer describedi in G.S.2 20- 51(6) weighing less than 6,500 pounds, to carry or bee equipped with a rearl lamp, provided such vehicle ise equipped witha and carries att ther rear two red reflectors ofad diameter of not less than threei inches, suchr reflectors to be approved byt the Commissioner, and whicha ares soC designed and located ast tol height and are maintained: sot that each reflector isv visiblef fora atl least 5001 feet when approached bya a motor  Page30f7, Ordinance No. 2023-0-90    vehicle displaying lawful undimmed headlights atr night ona anu unlighted highway. The rear lamps ofa motorcycle shall bel lighted at allt times whilet the motorcycle is in operation on! highways orp public vehicular areas. (e) Lamps on Bicycles. - Every! bicycles shall be equipped witha a reflexr mirroro ont the rear and both oft the following when operated at night ona any public street, public vehicular area, or public greenway: (1)AI lightedi lamp ont the front thereof, visible under normal atmospheric conditions from a distance ofa atl least 3001 feeti inf front ofs suchb bicycle. (2) Al lamp ont ther rear, exhibitinga ar red lightv visible under like conditions froma a distance ofa atl least 3001 feet tot ther rear ofs such bicycle, ort the operator must wear clothing orav vest that is bright andy visiblef from a distance of atl least 300f feet tot the rear of the bicycle. (f) Lights on Other' Vehicles. - Allv vehicles not heretofore int this section required tol be equipped withs specified lighted lamps shall carry ont the lefts side one orr more lighted lamps orl lanterns projecting av white light, visible under normala atmospheric conditions from a distance ofr notl less than 500 feet tot the front ofs such vehicle and visible under like conditions from a distance ofr not less than 5001 feett tot the rear ofs such vehicle, ori inl lieu ofs said lights shall bee equipped withr reflectors ofat type whichi isa approved by the Commissioner. Farm tractors operated on al highwaya atr nightr must be equipped witha atl least one white lamp visible atad distance of5 500f feet from the front oft the tractora and with atl least one redI lamp visible atac distance of5 500f feet tot ther rear oft the tractor. Twor red reflectors each having a diameter ofa at! least fouri inchesr may be used ont the rear oft thet tractori inl lieu oft the red lamp. (g) Nop persons shalls sell or operate on the highways of the State any motor vehicler manufactured after December: 31, 1955, and on or before December: 31,1 1970, unlessi it shall bee equipped with a stop lampo ont the rear oft the vehicle. No persons shall sell ord operate ont thel highways oft the State any motor vehicle, manufactured: after December: 31, 1970, unless its shall be equipped with stop lamps, one on each side oft the rear oft the vehicle. Nop persons shall sell or NC General Statutes- Chapter 203 348 operate ont the! highways oft the State any motorcycle or motor-driven cycle, manufactured: after December: 31, 1955, unless its shall be equipped with as stop lampo on the rear oft ther motorcycle or motor-driven cycle. The stop! lamps shalle emit, reflect, or display a red ora amber light visiblet from a distance of notl less than 100 feet tot the reari in normal sunlight, and shall be actuated upona application oft thes service (foot) brake. The stop! lampsi may bei incorporated into a unit with one or more other reari lamps. (h) Backup Lamps. - Every motor vehicle originallye equippedv with white backupl lamps shalll have those lampsi in operating condition. (1937, C.4 407, S. 92; 1939, c.275; 1947,c.5 526; 1955, c.1 1157, Ss. 3-5, 8;1957,C. 1038,5.1 1;1 1967,cc. 1076, 1213; 1969,c. 389; 1973,c.5 531, Ss. 1,2;1 1979,c.1 175; 1981,c.5 549, s.1;1 1985, C.6 66; 1987, C. 611; 1989 (Reg. Sess., 1990), C. 822, s.1 1;1 1991, C. 18, s.1 1;1999-281, s.: 1;2 2015-31,s.1; 2015-163, S. 6;2 2015-241, s. 29.36B(a); 2016-90, s. 5.1(a); 2017-211, s.1 12(a).) 520-141. Speed restrictions. (a) Nop person shall drive a vehicle ona a highway ori inap public vehicular area atas speed greater thani is reasonable and prudent under the conditions then existing. (b)E Except as otherwise providedi int this Chapter, it shall be unlawful to operate a vehiclei ine excess oft thet following speeds: (1)1 Thirty-five miles per hour inside municipal corporate limitsf for all vehicles. (2) Fifty- fiver miles per hour outside municipal corporate limits for ally vehicles exceptf fors schooll buses and: school activity buses. (c) Except while towing another vehicle, orv when ana advisory safe-speeds signi indicates as slower speed, ora as otherwise provided by law, it shall! be unlawful too operate a passenger vehicle upont the interstate and primary highways system atl less than thet following speeds: (1) Forty miles per hour ina speedz zone of5 55r miles per hour. (2)F Forty-fiver milesp per houri inas speedz zone ofe 60r miles per hour or greater. Theser minimum: speeds shall be effective only when appropriates signs are posted indicating the minimum: speed. (d)( (1)) Whenever the Department ofl Transportation determines ont the! basis ofa an engineering: and traffici investigation that any speed allowed by subsection (b)i isg greater thani is  Page4of7, Ordinance No. 2023-0-90    reasonable and: safe under the conditions found toe exist upon any part ofah highway outside the corporate limits ofar municipality or upon any parto ofah highway designated asp part oft the Interstate Highway System ora any part ofac controlled-access highway (eitheri inside or outside the corporate limits ofa municipality), the Department of Transportation: shall determine and declare ar reasonable and safe speed! limit. (2) Whenever the Department ofT Transportation: determines ont the! basis ofa ane engineering and traffici investigation thata al higher maximum: speedt thant those set forthi in: subsection (b)is reasonable: and safe under the conditions foundt to! NC General Statutes Chapter 20: 384 exist upon any part ofal highway designated: as part oft thel Interstate Highway! System or any part ofac controlled-access highway (either inside ord outside the corporate limits ofar municipality) the Department of Transportation: shall determine: and declare a reasonable and safes speedl limit. AS speed limit set pursuant tot this subsection may note exceed 70r miles per hour. SpeedI limits set pursuant tot this subsection arer not effective until appropriate signs givingr notice thereof are erected upon the parts oft the highway affected. (e) Locala authorities, int their respective jurisdictions, may authorize by ordinance higher speeds orl lower speeds than those set out ins subsection (b) upona alls streets whicha arer not part oft the Stateh highways system; but nos speed sof fixed shalla authorize a speedi ine excess of 55 miles per hour. SpeedI limits set pursuant tot this subsection shall be effective whena appropriate signs giving notice thereof aree erected upont thep part oft the streets affected. (e1)L Locala authorities within their respective jurisdictions may authorize, by ordinance, lower speedl limits than thoses seti ins subsection (b) oft this section ons schoolp property. Ifthel lower: speedI limit isb being set ont the grounds ofap public school, the local school administrative unit must request or consent tot the lower speed! limit. Ifthel lower speed limiti ist being set on the grounds ofap private school, the governing body oft thes school must request or consent tot thel lowers speed! limit. Speed limitse established pursuant tot this subsection: shall become effective whena appropriate signs giving notice oft the: speedI limit are erected upon affected property. A persony who drives a motor vehicle on school propertya ata a speed greater than the speedl limit seta and posted under this subsectioni isr responsible for ani infraction: andi is requiredt top paya a penalty oft two hundred fifty dollars ($250.00). (f) Whenever locala authorities withint their respective jurisdictions determine upont thel basis ofa ane engineering: and traffici investigation that a higher maximum: speedt than those setf forthi ins subsection (b) is reasonable and safe, ort that any: speed hereinbefore: setf forthi is greater thani isr reasonable and safe, undert the conditions foundt to exist upon any part ofas streety within the corporate limits ofar municipality and which streeti isa a part oft the! State highway: system (except those highways designated as part oft thei interstatel highway system or other controlled-access' highway) said! locala authorities shallo determine and declare as safe and reasonable: speedI limit. As speedl limit set pursuantt tot this subsection may note exceed! 551 miles per hour. Limits set pursuant tot this subsection shall become effective whent the Department oft Transportation! has passed ac concurring ordinance and signs aree erected giving notice oft the authorized: speedl limit. Whenl local authorities: annex a road ont the Statel highway system, the speed limit posted ont the road att thet time the road was annexed shall remain ine effectu until both the Department and municipality pass concurrent ordinances to changet the: speed limit." The Department of Transportation isa authorized tor raise orl lowert the: statutory speedI limit ona all highways ont the State highway system withinr municipalities which do not! have a governing body to enact municipal ordinances: as provided by law. The Department of1 Transportation shall determine: a reasonable and: safes speedl limit int thes same manner: asi is providedi in G.S.: 20-141(d)(1): and G.S.20- 141(d)(2) for changing the speed limitso outside ofr municipalities, withouta action oft the municipality. (g) Whenever the Department ofl Transportation orl local authorities within their respectivej jurisdictions determine ont the basis ofa ane engineering and traffici investigationt thats slows speeds ona any part ofa  Pages Sof7 Ordinance) No. 2023-0-90    highway considerably impede the normal andi reasonable movement oft traffic, the Department of Transportation: ors such local authority may determine and declare a minimum speed! below which no persons shallo operate ar motor vehicle except whenr necessary for safe operationi inl NC General Statutes- Chapter 203 385 compliance withl law. Such minimum: speed limit shall be effective when appropriate signs giving notice thereofa are erected ons said part oft the highway. Provided, such minimum: speedI limit shall be effective ast tot those highways and streets within the corporate limits ofa municipality which ared ont the State highway: system only whend ordinances adopting the minimum: speedI limit are passed and concurred! inb by both thel Department of Transportation and thel local authorities. The provisions of this subsection: shall nota apply tof farm tractors and other motor vehicles operating atr reasonable speeds fort the type and nature ofs such vehicles. (h) No person shall operate ar motor vehicle ont the highwaya at sucha a slow speeda ast toi impede the normal and reasonable movement oftraffice except whenr reduced speedi is necessary for safe operation ori in compliance with law; provided, this provisions shall not apply tof farm tractors and other motor vehicles operating at reasonable: speeds for thet type and nature of such vehicles. (1)7 The Department of1 Transportation shall have authority to designate and appropriately mark certain highways oft the State ast truck routes. () Repealed by Session Laws 1997, C. 443,5. 19.26(b). (j1) Al person who drivesa a vehicle ona a highway atas speedt that ise eitherr more than: 15r miles per hour more than the speed limit established byl lawf fort thel highway where the offense occurred or over 80r miles per hour isg guilty ofa Class 3r misdemeanor. (j2) AP person who drives a motor vehicle ina highway work zone atas speedg greatert than the speedI limit seta and posted under this section shall be required to paya a penalty oft two hundred fifty dollars ($250.00). Thisp penaltys shall bei imposed in addition tot those penaltiese establishedi int this Chapter. A" 'highway work zone" ist the area between the first signt thati informs motorists oft the existence ofa work zone ona al highway and the lasts sign that informs motorists oft thee end oft the work zone. The additional penaltyi imposed byt this subsection applies onlyi ifs signs are posted at the beginning ande end ofa any segment oft thel highway work: zone statingt the penalty for speedingi int that segment oft the work: zone. The Secretarys shalle ensure that work zones shall only bep posted with penalty signs ift thes Secretary determines, after engineering review, that the posting isr necessary toe ensure the safety oft the traveling public duet to al hazardous condition. AI law enforcement officeri issuing ac citation for a violation oft this section whilei inal highway work zone shall indicate they vehicle speed ands speedl limit postedi int the segment oft the work zone, and determine whether thei individual committed: a violation ofG.S. 20-141(1). Upon ani individual's conviction ofa violation oft this section whilei ina a highway work zone,t the clerk ofc court shall reportt that the vehicle was inav work zone att the time oft the violation, the vehicle: speed, and the speedl limit oft the work: zone to thel Division of Motor Vehicies. (3) A personi is guilty ofac Class 2 misdemeanor ift the person drivesa a commercial motor vehicle carrying a load thati is subjectt tot the permit requirements ofG.S.2 20-119 upon al highway or any public vehicular area ata a speed of1 15r miles per hour or more above either: (1)7 The posteds speed; or (2)1 The restricted speed,i ifa any, ofthe permit, orifr no permit was obtained, thes speed that would be applicable tot the loadi ifa permit had been obtained. (k) Repealed by Session Laws 1995 (Regular Session, 1996), C. 652, S. 1. (I) Notwithstanding: anys other provision contained in G.S.: 20-141 or any other statute orl law oft this State, including municipal charters, any speedl limit ona any portion oft the public highways within thej jurisdiction oft this State shall be uniformly applicable to allt types ofn motor vehicles using such portion oft the highway, ifon November: 1,1 1973, such portion oft the highway! hada a speed limit which was uniformly applicable toa allt types ofr motor vehicles using it. Provided, NC General Statutes Chapter 203 386! however, thata al lowers speedl limit may bee established fora any vehicle operating undera as special permit because ofa any weight or dimension ofs such vehicle, including any load  Page6of7. Ordinance No. 2023-0-90    thereon. The requirement fora a uniform speed! limit hereunder shallr not applyt toa any portion oft the highway during sucht time ast the condition oft the! highway, weather, an accident, orc other condition creates at temporary! hazard tot the safety oftraffic ons such portion oft thel highway. (m)7 The factt thatt the speedo ofay vehicle is lower than thet foregoing limits shall notr relieve the operator ofay vehiclef from the dutyt to decrease speeda as may ber necessary to avoid colliding with any person,' vehicle or other conveyance on ore entering the! highway, and toa avoidi injury to any person or property. (n) Notwithstanding: any other provision containedi in G.S. 20-141 or any others statute orl law oft this State, thet failure ofa a motorist tos stop! his vehicle within the radius ofi its headlights ort the range of his vision shall not be held negligence per se ord contributory negligence pers se. (o) A violation of G.S. 20-123.2 shall bea a lesseri included offensei ina any violation oft this section, and shall be subjectt tot thet following limitations and conditions: (1) AV violation ofG.S. 20-123.2: shall be recordedi int the driver's official record as' "Improper equipment- Speedometer." (2)1 Thel lesseri included offense under this subsection: shall not applyt too charges ofs speeding ine excess of25r miles per hour or more over the posteds speed limit. No drivers license points ori insurance: surcharge shall be assessed on account ofav violation ofthis subsection. (p) A driver charged with speeding ine excess of2 25 miles per hour over the posteds speedI limit shall bei ineligible fora a disposition ofp prayerf forj judgment continued. (1937, c.2 297,5.2 2;c.4 407,5.1 103; 1939, c.2 275; 1941, c.3 347; 1947,c. 1067,s. 17; 1949, C. 947,s. 1;1 1953, c.1 1145; 1955, c. 398; c. 555, Ss. 1,2;c.1 1042; 1957, C. 65, S. 11; C.2 214; 1959, C. 640; c.1 1264, S. 10;1 1961, cc. 99,1 1147;1 1963, cc. 134,4 456, 949; 1967,c.1 106; 1971, c. 79, 5s. 1-3; 1973, c. 507, s.5;c.1 1330, $.7;1975, C. 225; 1977,C.3 367;c.4 464, S. 34;c.4 470; 1983, c. 131; 1985, c.7 764, Ss. 29, 30; 1985 (Reg. Sess., 1986), c. 852, $.17;1987,C.1 164; 1991 (Reg. Sess., 1992), C.8 818,5.1 1;c.1 1034,5.1 1;1 1993,c.539, Ss. 366, 367; 1994, Ex. Sess., c.24,5.1 14(c); 1995 (Reg. Sess., 1996), C.6 652, 5.1 1;1 1997-341, S. 1;1 1997-443, S.1 19.26(b); 1997-488, s.1 1;1 1999-330, S. 3;2 2000- 109,5.7(c); 2003-110, s.1 1;2 2004-203,5 S. 70(a); 2005-349, s.1 11; 2007-380, S5. 1,2;2 2009-234, S5. 1,2; 520-309. Financial responsibility prerequisite tor registration; must be maintained throughout registration period. (a) No motor vehicle shall be registered int this State unlesst the owner att thet time of registration provides proof off financial responsibility for the operation ofs such motor vehicle, as providedi int this Article. The owner ofe each motor vehicler registeredi int this State shall maintaini financial responsibility continuously throughout the period ofr registration. For purposes oft this Article, the term "motor vehicle" includes mopeds, ast thatt term isc definedi in G.S. 20-4.01.  2011-64,s.2; 2012-194,5 5.9;2 2013-360, S. 18B.14(k).)  Page 70f7 Ordinance No. 2023-0-90