October 5, 1978 Subject:
Motor Vehicles; On-street Parking; Prima Facie Rule of Evidence
Requested By:
Mr. Miles B. Fowler, City Attorney Clinton, N.C.
Question:
May a city ordinance providing a penalty of more than One Dollar ($1.00) for overtime parking be enforced under the prima facie rule of evidence as provided in G.S. 20-162.1?
Conclusion:
No, G.S. 20-162.1 provides for a One Dollar ($1.00) penalty only.
If a penalty of more than One Dollar (1.00) is sought, the prima facie rule of evidence provided in G.S. 20-162.1 would not be applicable.
Rufus L. Edmisten Attorney General
William W. Melvin Deputy Attorney General