[Editor's note: This post originally appeared here, on the School of Government's local government blog. For an update on local government authority to regulate cell phone use by drivers, see this post.] Questions frequently arise regarding whether cities and counties may lawfully adopt ordinances regulating traffic. For instance, may a city or county allow the operation of golf carts on streets within its boundaries? May a city adopt an ordinance defining speeding as violation of city code, punishable by a fine? May a city prohibit the use of mobile telephones by drivers within its jurisdiction? The answer to these questions hinges upon a two-part inquiry. First, is the local government authorized to regulate in this area? Second, is the proposed ordinance consistent with state and federal law? The general ordinance-making powers of cities and counties are defined in G.S. 160A-174 and G.S. 153A-121. Cities and counties may adopt ordinances regulating acts “detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the [city or county].” G.S. 153A-121; 160A-174. G.S. 160A-296 provides that cities have general authority and control over (which includes the power to regulate the use of) the public streets, sidewalks, alleys, and bridges within their jurisdictions, except to the extent that authority and control is vested in the Board of Transportation. Several additional provisions in Chapter 160A expressly permit local regulation of traffic. See, e.g., G.S. 160A-300 (permitting cities to regulate pedestrian or vehicular traffic on public streets, sidewalks, alleys and bridges within [...]
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