§ 10-1-1. Definitions of words and phrases.

The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this article. Whenever any words and phrases used herein are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein.

(1)

Alley. Any strip of land publicly or privately owned, 25 feet or less in width between property lines, set aside for public vehicular right-of-way to adjoining properties for use of public utilities.

(2)

Authorized emergency vehicle. Vehicles owned and operated by the fire department; federal, state, county, or municipal law enforcement vehicles; and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the city.

(3)

Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than 20 inches in diameter.

(4)

Block. A block is the part of a street lying between the nearest intersecting streets on either side.

(5)

Business district. A business district is the territory contiguous to a street where 75 percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business purposes.

(6)

Commercial vehicle. Every vehicle designed, maintained, or used primarily for the transportation of property or freight, including vehicles licensed for such purpose.

(7)

Controlled-access highway: 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.

(8)

Crosswalk.

a.

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.

b.

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

(9)

Driver. Every person who drives or is in actual physical control of a vehicle.

(10)

Freight curb loading zone. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or property from a commercial vehicle.

(11)

In operation. Operating in good working condition.

(12)

Intersection.

a.

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) streets 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.

b.

Where a highway includes two (2) roadways 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. In the event such intersecting highway also includes two (2) roadways 30 feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.

(13)

Lane. A lane is a section of roadway between marked lines or between a marked line and the edge of a roadway, which section is set aside for a single file of vehicular traffic, except a section reserved for parking.

(14)

Median. That portion of public right-of-way lying between two (2) roadways and used for the separation of vehicular traffic. A median may be paved or unpaved and may or may not have a raised curb.

(15)

Motor vehicle. Every vehicle which is self-propelled but not operated upon rails.

(16)

Motorcycle. Every motor vehicle having a seat or 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 a tractor.

(17)

Official time standard. The hours designated in time limitations set by this chapter refer to eastern standard time or eastern daylight saving time as may be in current use within the city by the action of the governing body, the North Carolina General Assembly, or the Congress of the United States.

(18)

Official traffic control devices. All signs, signals, marking and devices including parking meters not inconsistent with this chapter placed by authority of the council, for the purpose of regulating, warning or guiding vehicular and pedestrian traffic.

(19)

Park or parking. Means the standing of vehicle, whether occupied or not, on public highway or street other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

(20)

Parking meter. A parking meter is a coin operated mechanical device used in regulating traffic.

(21)

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

(22)

Pedestrian. Any person afoot.

(23)

Person. Every natural person, firm, co-partnership, association or corporation.

(24)

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

(25)

Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

(26)

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

(27)

Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streets.

(28)

Residence district. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

(29)

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

(30)

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

(31)

Safety zone. The area or space officially set apart 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.

(32)

Service vehicle. Any vehicle used for the delivery or transportation of freight.

(33)

Sidewalk. A pedestrian way that consists of that portion of a street or highway between the curb line, or lateral line of a roadway and the adjacent property line which is intended for the use of pedestrians.

(34)

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

(35)

Stop. When required means complete cessation from movement.

(36)

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.

(37)

Stop line. A stop line is a line across a roadway or part of a roadway indicating the point behind which vehicles are required to stop in compliance with an official traffic control device.

(38)

Street or highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

(39)

System location. The approach to an intersection toward which a photographic, video or electronic camera is directed and is in operation.

(40)

Through highway. 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 signs are erected as provided in this chapter.

(41)

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

(42)

Traffic citation. A traffic citation is a written or printed notice, issued by the authority of the governing body of this city, informing the person designated that he has violated a provision of this chapter or a state traffic law and citing him to appear in district court division of the general court of justice to answer for the violation.

(43)

Traffic control photographic system. An electronic system consisting of a photographic, video or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic control device and to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control statute or ordinance.

(44)

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

(45)

Traffic schedule. A traffic schedule is a separate schedule which is incorporated into by reference and made a part of this chapter, and which designates certain streets, parts of streets, street areas, or times to which a provision of this chapter applies.

(46)

Traffic ticket. A traffic ticket is a printed ticket, issued by authority of the governing body of this city, informing the person designated that he has violated a provision of this chapter and notifying him to appear at or within the designated time at the city traffic bureau to answer for the violation.

(47)

Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(48)

Vehicle owner. The person identified by the North Carolina Division of Motor Vehicles as the registered owner of a vehicle.

(Ord. No. 00-89, § 1, 7-20-00)