Parking Enforcement: Civil Penalties, Infractions and Wheel Locks

The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side window by a law enforcement officer illuminated by the flashing blue lights of her police vehicle. But both may land you in district criminal court. That’s because, like the violation of many of the motor vehicle laws set forth in Chapter 20, the violation of a local government ordinance regulating parking is an infraction, punishable by a penalty of not more than $50, unless the local government’s parking ordinance provides otherwise. G.S. 14-4(b). Like citations for other infractions, which must be personally served upon the person charged, citations for parking offenses must be delivered to the driver if that person is present when the citation is served. G.S. 15A-302(d). Frequently, however, the driver is not present. In such a case the citation is served—this time upon the registered owner of the vehicle rather than the driver—by affixing a copy of the citation to the vehicle in a conspicuous place. See id. If the person cited does not appear in court, then a criminal summons may issue. See G.S. 15A-303. In the prosecution of a person for violation of a parking ordinance, the State may rely upon G.S. 20-162.1, which provides that it is prima facie evidence that the vehicle was parked and left by the person or entity in whose name the vehicle is registered with North Carolina’s Division of Motor [...]