Enforcement of Parking and Traffic Regulations
Violation of Ordinance
In addition to any criminal penalties set out by the North Carolina General Statutes, any person violating this or any regulation issued hereunder is subject to a civil penalty as set forth in this Ordinance.
Rules of Evidence
When a vehicle is found to be in violation of this Ordinance, it shall be considered prima facie evidence that the vehicle was parked by:
- The person holding the college parking permit for that vehicle, or
- The person on file as owner of said vehicle with the North Carolina Division of Motor Vehicles or corresponding agency of another state.
Fines for Violations
Violators not complying with the following traffic, parking, and other regulations shall be subject to a $25.00 fine per violation, with the fine(s) payable in person at the Cashier’s Office during normal business hours or by mail:
- Failure to Register Vehicle
- Failure to Display / Improper Display of Parking Decal
- Parking in Handicap Parking Space without displaying a valid State-issued placard or license plate
- Parking in Fire Lane
- Parking in Loading Zone
- Parking in Manner Obstructing the Flow of Traffic
- Parking in More than One Parking Space
- Parking in Unauthorized/No-Parking Area
- Failure to Obey Traffic Control Device
- Driving Wrong Way in Drive Lanes
- Exceeding Speed Limits
Violators not complying with the following regulations shall be subject to a $5.00 fine per violation, with the fine(s) payable in person at the Cashier’s Office during normal business hours or by mail.
- Smoking in Unauthorized Area (Per AOM 2.11)
Failure to Settle Charges and Fines
Failure to settle outstanding traffic charges and/or parking fines within fourteen (14) days after issuance of a citation may result in the following manner:
- Students with unpaid fines shall not be allowed to receive grades or transcripts or to re-register until all fines have been properly paid.
Fines owed by students will be forwarded to the Registrar, and a hold will be placed on the student's records until the penalties are paid.
- Employees with unpaid fines may have their parking privileges revoked upon recommendation of the Vice President of Administrative, Financial, & IT Services and approval of the President. Such revocation shall remain in force until all unpaid fines are paid.
Fines owed by faculty members and other employees of the college may be deducted from payroll checks.
Prohibitions of Use of Streets and Parking Areas
No person, firm, or corporation shall use College properties for the purpose of advertising any article, commodity, or service by sign, poster, drawing, photography, loudspeaker, musical instrument, or noisemaking device without authorization to do so. See AOM-2.20 Solicitation for specific details and exceptions regarding solicitation on campus.
The Vice President of Administrative, Financial, & Information Technology Services or his/her designee shall have the authority to cause the closing of any roadway, alley, driveway, parking lot, parking area or any portion of the campus when proper signs, barriers, or obstructions have been erected to give notice thereof. No person shall drive into or upon properly closed areas.
No person, firm, or corporation shall throw, dump, or place in any manner any litter or any other articles or substances on any part of College properties or on any place where such matter may be blown, washed, or fall upon the premises. This section shall not be deemed to prohibit any construction or maintenance work.
Towing of Vehicles
The Vice President of Administrative, Financial & Information Technology Services or his/her designee is hereby authorized to have towed (or use other lawful means of enforcement), from the campuses of the College to a designated place of storage, any vehicle in violation of the following and under the following circumstances:
- Abandoned vehicles
- Parking in an area not designated for parking
- Parking in any manner as to block a service entrance
- Parking in any manner as to block driveways
- Parking in any manner as to block travel lanes
- Parking in any manner creating a hazard to public safety
- Parking in any manner impeding construction and/or maintenance requirements
- Repeated offenders of parking rules
- Unauthorized parking in a fire lane
- Unauthorized parking in a handicap space
- Unauthorized parking in a reserved space
In addition to any fine assessed for a violation of this Ordinance, the owner of a
vehicle that is towed from the College is responsible for payment of any towing and/or
storage fee charged by the towing company.
Notice of North Carolina State Law Concerning Towed Vehicles
Johnston Community College provides a petition/appeal procedure for the resolution of both towing and parking violations. Additionally, North Carolina General Statute 20-219.11 provides the following remedy:
- Whenever a vehicle with a valid registration plate or registration is towed as provided in G.S. 20-219.10, the authorizing person shall immediately notify the last known registered owner of the vehicle of the following:
- A description of the vehicle;
- The place where the vehicle is stored;
- The violation with which the owner is charged, if any;
- The procedure the owner must follow to have the vehicle returned to him; and
- The procedure the owner must follow to request a probable cause hearing on the towing.
- The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within seventy-two (72) hours of his receiving the request.
- The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished.
- Any aggrieved party may appeal the magistrate’s decision to district court.
For a complete explanation of the above procedure, refer to North Carolina General
Individuals issued a parking and/or traffic citation may appeal the violation within five (5) business days of the date of the violation notice (which would exclude weekends or holidays) by completing and returning a Traffic Violation Appeal form to the Traffic Appeals Review Board. Traffic Violation Appeal forms are available at the Information desk, located in the Wilson Building on the main campus.
Completed forms shall be turned in at the same location. Unless other procedures are specified in this section, the appeal and all arguments in support of the appeal will be submitted to the Traffic Appeals Review Board in writing.
Traffic Appeals Review Board
The purpose of the Traffic Appeals Review Board is to review and make decisions on parking and traffic citations that have been appealed. The Board also hears appeals from individuals whose parking privileges have been suspended, or whose vehicle has been towed.
Board membership consists of one (1) faculty member appointed by the President of the Faculty Association, one (1) staff member appointed by the President of the Staff Association, and one (1) student appointed by the President of the Student Government Association. The Vice President of Administrative, Financial & Information Technology Services or his/her designee shall serve as the Chair. The Chair is a non-voting member of the Board, except when it is necessary to break a tie vote.
A minimum of three (3) members, including the Chair, must be present in order to form a quorum.
The term of office will be for a one-year period, beginning in January and ending in December; there is no limit on the number of terms that may be served. Members will serve until successors are appointed.
The Traffic Appeals Review Board Chair shall review the appeal and respond by mail to the address provided on the appeal form.
Only official appeals received within five (5) business days of the violation notice will be accepted for review. The right to appeal a violation notice is considered waived upon expiration of the five (5) day appeal limitation period. No untimely appeals will be accepted for review.
Decisions reached by the Traffic Appeals Review Board are final.
Individuals whose (1) parking privileges are suspended and/or (2) whose vehicle is towed may request a hearing to appeal the matter by submitting a written request to the Director of Campus Police & Security. The written request for an Appeals Hearing must be received within ten (10) business days of the date of the decision giving rise to the appeal. The individual will be notified in writing of the hearing date, time, and location.
- The Director of Campus Police & Security or his/her designee may attend each hearing to clarify any operational questions that may arise.
- The Traffic Appeals Review Board Chair or a designee will chair the hearing. The Chair will bring the hearing to order and introduce the appellant, provide written or oral summation of the ruling, disperse completed appeal forms to each member of the Board, maintain time restrictions with regard to testimony, dismiss the appellant, and call for a vote from each member of the Traffic Appeals Review Board. The Chair will make note of the decision regarding the appeal. The Chair is a non-voting member of the Board, except when it is necessary to break a tie vote. A minimum of three (3) members, including the Chair, must be present in order to form a quorum.
- The Traffic Appeals Review Board will meet when necessary. The Chair or designee is responsible for notifying the appellant and Board members of the date, time, and location of the hearing. In emergency situations (such as a student not being allowed to register for classes or an employee not receiving an employment contract due to pending traffic appeals), the Chair may issue a stay on such actions until the Board can hear the appeal.
- The decision reached by the Traffic Appeals Review Board is final, except as otherwise provided by College policy and procedure. If the appeal is denied, payment of the fine is due immediately.
- All facts as stated on the appeal form
- Information provided by the Director of Campus Police & Security or his/her designee, to include previous violations
- Information noted on the parking violation notice
- The rules and regulations of this Policy