GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 1052
The General Assembly of North Carolina enacts:
Section 1. G.S. 20-37.6(f)(1) reads as rewritten:
"(1) A violation of G.S.
20-37.6(e)(1), (2) or (3) is an infraction which carries a penalty of twenty-five
dollars ($25.00) at least fifty dollars ($50.00) but not more than one
hundred dollars ($100.00) and whenever evidence shall be presented in any
court of the fact that any automobile, truck, or other vehicle was found to be
parked in a properly designated handicapped parking space in violation of the
provisions of this section, it shall be prima facie evidence in any
court in the State of North Carolina that the vehicle was parked and left in
the space by the person, firm, or corporation in whose name the vehicle is
registered and licensed according to the records of the Division of Motor
Vehicles. No evidence tendered or presented under this authorization shall be
admissible or competent in any respect in any court or tribunal except in cases
concerned solely with a violation of this section."
Sec. 2. G.S. 20-37.6(f)(2) reads as rewritten:
"(2) A violation of G.S.
20-37.6(e)(4) is an infraction which carries a penalty of fifty dollars
($50.00) at least fifty dollars ($50.00) but not more than one hundred
dollars ($100.00) and whenever evidence shall be presented in any court of
the fact that any such nonconforming sign or markings are being used it shall
be prima facie evidence in any court in the State of North Carolina that
the person, firm, or corporation with ownership of the property where said
nonconforming signs or markings are located is responsible for violation of
this section. Building inspectors and others responsible for North Carolina
State Building Code violations specified in G.S. 143-138(h) where such signs
are required by the Handicapped Section of the North Carolina State Building
Code, may cause a citation to be issued for this violation and may also initiate
any appropriate action or proceeding to correct such violation."
Sec. 3. G.S. 20-37.6(d) reads as rewritten:
"(d) Designation of
Parking Places. - Designation of parking spaces for the physically handicapped
and the visually impaired on streets and in other areas, including public
vehicular areas specified in G.S. 20-4.01(32), shall be by the use of sign R7-8
for multiple parking spaces as shown in the Manual on Uniform Traffic Control
Devices, or sign R7-8a for single parking spaces as shown in the N.C.
Department of Transportation Supplement to the Manual on Uniform Traffic
Control Devices. Nonconforming signs in use prior to July 1, 1979, shall not
constitute a violation of G.S. 20-37.6(e)(4) during their useful lives, which
shall not be extended by other means than normal maintenance. These
nonconforming signs shall be removed and be replaced with conforming signs
before January 1, 1989; provided that a sign or symbol painted on the surface
of a parking space need not be removed when a conforming sign is erected. Signs
R7-8 and R7-8a shall state the maximum penalty for parking in a parking space
for the physically handicapped or visually impaired in violation of the law."
Sec. 3.1. G.S. 20-37.6(d1) reads as rewritten:
"(d1) Unique Properties. - The owner
of private property which contains a public vehicular area, on which is to be
designated one or more parking spaces for the physically handicapped and the
visually impaired, may file a written certification, on a form supplied by the
Department of Transportation, that signs conforming to G.S. 20-37.6(d) would
not be compatible with the unique visual character of the property. Upon
filing of the certification with the Department of Transportation, the owner
may cause to be erected signs of materials and colors different from signs R7-8
and R7-8a. The signs shall be the same size and shape as signs R7-8 or
R7-8a, as appropriate, with the same letters, words, numbers and symbols. numbers,
and symbols, except for the statement of the maximum penalty for parking in a
parking space for the physically handicapped or visually impaired in violation
of the law. Such signs shall be deemed to conform to G.S.
20-37.6(d)."
Sec. 4. Sections 1 and 2 of this act shall become effective October 1, 1990, and shall apply to infractions committed on or after that date. Sections 3 and 3.1 is effective upon ratification and applies to signs placed in service after December 31, 1990.
In the General Assembly read three times and ratified this the 27th day of July, 1990.