On September 17, 2019, the Town of Elon Board of Aldermen approved updates to the Code of Ordinances, which are the laws of the Town. The updates made changes to the following chapters:
Chapter 13 Nuisances
Chapter 14 Offenses
Chapter 22 Solid Waste
Chapter 23 Streets and Sidewalks
Chapter 24 Traffic
The specific sections that have been changed are:
13.35 Conditions Constituting A Public Nuisance – (a) which lowered the height from 12 inches to 8 inches for the height of the grass or weeds on a lawn. If your grass is 8 inches in height or over, you will receive a notice of violation from the Code Enforcement officer requesting that your lawn be cut.
13.35 (e) – defined the placement of garbage on any streets, sidewalks, or public or private properties except in containers as being a nuisance, which incurs fines for violations.
13.36 Enforcement of the Article – (e) which now reads: The penalty for violation of this article, in addition to the provisions of secs. 13.40 and 13.41, and unless otherwise provided for, shall be as follows: 1. 1st Offense: Fifty dollars ($50; 2. 2nd Offense: One hundred dollars ($100); and 3rd Offense: Two hundred fifty dollars ($250).
13.38 Action to Abate – (b) Abatement by Town – this changed to read within ten (10) days from the date of the notice of violation replacing 10 days from receipt of the notice of violation.
14.18 was repealed and removed.
22.15 Penalty subsection (a) – this changed to read within ten (10) days from the date of the notice replacing 10 days of receipt of the notice.
23.82 Penalty changed to reflect the move from criminal to civil penalties for violations of Chapter 23.
23.99 was repealed and removed.
Section 23.83 Other remedies not precluded. The penalty prescribed by this chapter shall not prevent the town from proceeding in a criminal action against a person violating the provisions of this chapter. In such case, violators shall be guilty of a misdemeanor punishable by a fine of $50 or imprisonment for not more than twenty (20) days. Violations of this chapter may also be subject to abatement summarily by appropriate injunction issued by a court of competent jurisdiction in accordance with the provisions of G.S. 160A-175.
Section 23.52 Parking on Unpaved Surfaces Prohibited – No person shall keep, store, or park any motor vehicle, trailer or similar, whether operable or inoperable, on any portion of a front yard or any side corner yard facing a street on any residentially zoned or used property except an area that is used as a driveway to the property. A driveway shall be considered any portion of the lot affording access to the street and paved with concrete, compacted stone, asphalt, brick, or paving stones and not exceeding thirty (30) percent of the front or side corner yard. An unpaved surface is considered any surface other than a drive, such as, but not limited to, grass or dirt. Access to parking areas shall be limited to properly approved curb cuts or other approved access points. For the purposes of this section, a front yard or side corner yard shall be considered the area between the street and a line drawn parallel to the street from the point of the house that is closest to the street.
Section 24.30 Overtime parking; parking in restricted areas – (c) Each twenty-four (24) hour period a vehicle remains illegally parked in the same on street parking space is a separate offense, and the violator may be given a ticket for each offense.
Section 24.48. – Immobilization or impoundment of vehicles having unpaid parking tickets. (a) Authorized. The police chief or his designee may immobilize by the use of wheel locks, or tow and impound, any vehicle which is illegally parked, and for which there are one or more outstanding, unpaid and overdue parking tickets for a period of forty-five (45) days. However, any parking ticket which is the subject of an approved payment plan, no payment thereunder being delinquent, shall not be considered outstanding, unpaid and overdue for purposes of this section.
(b) Towing. Any vehicle towed for a parking violation is to be held until the towing fee and penalties related to all outstanding parking tickets and parking penalties owed to the Town are paid in full, or a bond is posted in the amount of the towing fee and all outstanding parking tickets and parking penalties. Payment of the towing fee and all outstanding parking tickets and parking penalties shall not constitute a waiver of the person’s right to contest the towing or the outstanding parking tickets and parking penalties.
(c) Attachment of wheel lock. If a wheel lock is attached to a vehicle, a notice shall be affixed to the windshield or other part of the vehicle so as to be readily visible. The notice shall warn that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage thereto. The town shall not be responsible for any damage to an immobilized illegally parked vehicle resulting from unauthorized attempts to free or move that vehicle. An immobilization fee of fifty dollars ($50.00) shall be charged for the removal of the wheel lock. The notice shall also state the total amount of civil penalties due for parking tickets which are overdue and unpaid and attributable to such vehicle, and the fifty dollars ($50.00) immobilization fee to be charged. The address and telephone number to be contacted to pay the charges to have the wheel lock removed shall also be listed.
(d) Impoundment. See section 24.47
(e) Redemption of impounded vehicles. See section 24.47
(f) Disposition of towed vehicles. If a vehicle has been towed it may be disposed of in accordance with the provisions of this Code relating to the disposition of abandoned vehicles.
(g) Request for hearing. See section 24.47
(h) Identification of vehicles. For the purpose of determining whether an illegally parked vehicle has had issued against it three or more outstanding, unpaid and overdue parking tickets for a period of 45 days, it shall be sufficient if the license plate number of the illegally parked vehicle and the license plate number of the vehicle having received the tickets are the same.
(i) Removal of wheel lock. It shall be unlawful for any person to remove from a vehicle a wheel lock placed thereon pursuant to this section or to remove from impoundment any vehicle placed therein pursuant to this section without all civil penalties and applicable charges having first been paid.