Sec. 5.1. - Bird sanctuary.

(a)

The territory within the corporate limits of the Town of Chapel Hill is hereby declared to be a bird sanctuary.

(b)

It shall be unlawful for any person to kill, trap or otherwise take any bird within the corporate limits of the Town of Chapel Hill except English sparrows, crows, starlings, pigeons and domesticated fowls. Any person violating the provisions of this section shall be guilty of misdemeanor and, upon conviction, shall be fined not more than fifty dollars ($50.00) or imprisoned not more than thirty (30) days.

Sec. 5.2. - Use and sale of weapons and explosives.

The council may prohibit or regulate the firing of guns, pistols, crackers, gunpowder, or other explosive, combustible or dangerous materials in the streets, public grounds or elsewhere within the town, and govern the sale thereof.

Sec. 5.3. - Location of traffic-control devices.

(a)

The council may authorize an official to designate the location of any or all official traffic-control devices, upon a determination by the officer in each case:

(1)

If such a device is to be installed at a particular location, that its installation is necessary in order to control traffic congestion in the interest of public safety;

(2)

If such a device is to be moved or removed from a particular location, that the device is no longer required at such location for the control of traffic congestion in the interest of public safety.

An "official traffic-control device", as used in this section, is a sign, signal, marking, or device, including a parking meter, which is intended to regulate vehicular or pedestrian traffic.

(b)

Whenever an official traffic-control device is installed, moved or removed pursuant to the preceding subsection, such action shall be reported in writing at the next regular meeting of the council. Unless such action is reversed by the council, a notation thereof shall be made in the minutes of the council, or made by or under the direction of the town manager on a map or record book or any combination thereof maintained for that purpose. Any such map or record book shall be retained permanently in the office of the town clerk and shall be designated, as the case may be, as "Map (on Record Book) of Location of Official Traffic-Control Devices," Typed photographic or other copies of any part of such map or record book or minute entry, certified by the town clerk, shall be admitted in evidence in all courts and shall have the same effect as would the original map or record book or minute book.

(c)

For purposes of enforcement, the installation or moving or removing of a traffic-control device pursuant to subsection (a) shall take effect immediately when such a device is installed, moved or removed. The location of a traffic-control device may be proved by the testimony of the official who designated its location in any case where an offender is brought to trial before a notation concerning the traffic-control device in question has been made pursuant to subsection (b).

(d)

The installation or moving or removing of a traffic-control device pursuant to the provisions of this section shall have the force and effect of an ordinance and failure to obey any such device shall be punishable as a violation of an ordinance.

Sec. 5.4. - Obstruction of alleys.

If, in the opinion of the council, a fire hazard is created by the obstruction of private alleys, the council may adopt regulations governing the obstruction of private alleys, either by reason of the parking of motor vehicles or otherwise. Where appropriate, the council may also regulate the use of such fire lanes by nonemergency vehicles.

Sec. 5.5. - Special parking permit.

The town is authorized to issue special parking permits which permit the holder thereof to park a vehicle displaying such permit at a location on a public street in residential areas where the parking is otherwise prohibited.

Sec. 5.6. - Bikeways.

The town is authorized to develop and adopt regulations concerning the use of bicycles within the town limits and the establishment of bikeways (throughfares suitable for bicycles) on town streets which may exist within the right-of-way of other modes of transportation such as highways or along separate and independent corridors. Such regulations may include the establishment of traffic regulations for bicycles traveling on designated bikeways different than those established for other types of vehicular traffic including the establishment of two-way bicycle traffic lanes on existing roadways.

Sec. 5.7. - Towing of illegally parked vehicles from parking lots owned by the Town of Chapel Hill.

(a)

The governing board of a town may enact reasonable ordinances with respect to the parking of motor vehicles in any off-street parking facilities owned by that town and to enforce those ordinances.

(b)

Any motor vehicle parked in a town-owned parking lot, when such lot is clearly designated as such by a sign no smaller than twenty-four (24) inches by twenty-four (24) inches stating the ordinance regulations with respect to that lot and prominently displayed at the entrance thereto, in violation of an ordinance adopted pursuant to this act may be removed from such lot to a place of storage operated by the town and the registered owner of that vehicle shall become liable for removal and storage charges. Any person who removed a vehicle pursuant to this section shall not be held liable for damages for the removal of the vehicle to the owner, lienholder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle, or intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.

(c)

This section applies to the Town of Chapel Hill only.

(Acts 1988, Ch. 1023, § 3)

Sec. 5.7A. - `Denver boot' or `wheel lock' devices.

The town of Chapel Hill may provide by ordinance for the use of wheel locks on illegally parked vehicles for which there are outstanding, unpaid, or overdue parking tickets. The ordinance shall provide for notice or warning to be affixed to the vehicle, immobilization, towing, impoundment, appeal hearing, an immobilization fee not to exceed fifty dollars ($50.00), and charges for towing or storage. The town shall not be responsible for any damage to an immobilized illegally parked vehicle resulting from unauthorized attempts to free or move such vehicle.

(Acts 1993, Ch. 358, § 3)