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Old 11-19-2008, 11:09 AM
 
Location: Statesville, NC
60 posts, read 93,536 times
Reputation: 22
Post NC Police A ticket for leaving your car unattended!!

Just saw the news on Channel 9 at Noon and was surprised to hear this. My question is will they still give you a ticket if you have remote start? The car can't get stolen without the key being in the ignition. And if you hit on the brakes the car will turn off. I also have an alarm system in my car. This is news to me.

Can you fight this in court? Coming from NY we LOVE remote start in the morning. Anyway we could make a suggestion to change the ordinance rule?



Police: Don't Leave Your Car Unattended While You Heat It Up

Wednesday, November 19, 2008 updated: 6:46 am EST November 19, 2008
CHARLOTTE, N.C. -- It's cold outside, and that means many people want to warm up their cars before heading out the door for the day.Charlotte-Mecklenburg Police told Channel 9 they are cracking down on drivers who heat up their cars and then go back inside.The ordinance allowing officers to do so has been around for years, but they are cracking down now because thieves are targeting cars that are heating up and then using those cars in other crimes.If police catch you warming up your car without being in it, they can write you a ticket.[RIGHT]Copyright 2008 by WSOCTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.[/RIGHT]
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Old 11-19-2008, 11:19 AM
 
Location: Charlotte
2,447 posts, read 4,565,045 times
Reputation: 1357
That is a Charlotte city ordinance. I'm not sure if Statesville has something similar. As far as I know it is not a state law. Here is information from last year (http://www.ncpea.org/pdf/Jan-FebPLB.pdf - broken link).

Quote:
CITY ORDINANCE SEC. 14-221 – LEAVING UNATTENDED VEHICLE

City Code Sec. 14-221 makes it unlawful for an operator or person in charge of a vehicle to leave it unattended on any street, alley, other public property, new or used car lot, or any private parking lot to which the general public is invited without first stopping the engine, locking the ignition, and removing the ignition key from the vehicle. Three questions are frequently raised in connection with this ordinance:

Does the ordinance apply to an unattended vehicle in a private driveway?

No. The ordinance does not apply to a vehicle that is parked in a private driveway to a residence. However, the ordinance does apply to apartment/condominium parking lots that are open to the general public.

Does the ordinance apply if a remote starter is used and the engine is running?

Yes. The ordinance not only requires that the ignition key be removed; it also requires that the engine be stopped. Therefore, if there is no key in the vehicle, but the engine is running, the ordinance has been violated.

Can the ordinance be enforced by issuing a uniform citation (“big ticket”)?

No. A violation of the ordinance can only be enforced by issuing a parking ticket ($50.00 fine – #12 on the parking ticket).
ETA: Most ordinances are made by individual cities not by the state. Yes the news often fails to mention that this ordinance doesn't apply to private residences.

Last edited by NCgirl; 11-19-2008 at 11:51 AM..
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Old 11-19-2008, 11:28 AM
 
Location: Statesville, NC
60 posts, read 93,536 times
Reputation: 22
Quote:
Originally Posted by NCgirl View Post
That is a Charlotte city ordinance. I'm not sure if Statesville has something similar. As far as I know it is not a state law. Here is information from last year (http://www.ncpea.org/pdf/Jan-FebPLB.pdf - broken link).
Thanks for that info. I guess I will browse online and find out about Statesville. The other good news that atleast it doesn't affect you if you own a home.
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Old 11-19-2008, 11:46 AM
 
Location: In a house
19,007 posts, read 13,328,038 times
Reputation: 13593
How odd. We also have the same feature allowing us to start our truck from in the house. The doors on the truck are locked and if opened the truck shuts itself off. I can see their reasoning if the car/truck were warming with the keys in it and unlocked. But most of todays cars/trucks have the feature of warming it up locked.
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Old 11-19-2008, 12:00 PM
 
Location: Mint Hill, NC
769 posts, read 1,377,254 times
Reputation: 447
Quote:
Originally Posted by cynwldkat View Post
How odd. We also have the same feature allowing us to start our truck from in the house. The doors on the truck are locked and if opened the truck shuts itself off. I can see their reasoning if the car/truck were warming with the keys in it and unlocked. But most of todays cars/trucks have the feature of warming it up locked.
As an earlier poster said, this law doesn't apply to a vehicle in your driveway at your house.

For other situations, I suppose their reasoning might be that a thug can still break the vehicle window and steal the car - I know that if I were in my bathroom at our old apartment I wouldn't have heard that since it was on the back side of the house from the driveway, not to mention the almost constant sounds in an apartment complex anyway. If the vehicle is in your private driveway it would be a lot more obvious - and dangerous for the thug - to break a car window, but in an apartment complex, who knows who belongs and who doesn't - even some who do belong would do that!!
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Old 11-19-2008, 01:15 PM
 
Location: Yellow Brick Road
35,005 posts, read 41,176,228 times
Reputation: 18774
I am glad you all clarified that this does not apply to cars at residences, b/c my understanding was - when the ordinance passed - that it DID apply to residences as well.
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Old 11-19-2008, 02:24 PM
 
Location: NE Charlotte, NC (University City)
1,894 posts, read 3,770,027 times
Reputation: 978
Here's the ordinance from Municode.com:

Quote:
Sec. 14-221. Leaving unattended vehicle.
It shall be unlawful for an operator or person in charge of a vehicle to leave such vehicle unattended on any street, alley, other public property, new or used car lot, or on any private parking lot to which the general public is invited and at which there is no attendant, without first stopping the engine, locking the ignition, and removing the ignition key from the vehicle. However, this section shall not be applicable to vehicles:

(1) Used for public transportation;

(2) Used for delivery and emergency purposes; or

(3) Owned and operated for governmental purposes by the city, county or state.

(Code 1985, 14-180)
So as already mentioned, a private driveway or property is excluded. But, if you're parked int eh street or any other public or public invited area (meaning a parking lot of a store), you can get hit with it.

I tend to agree with the basis for the ordinance. It's attempting to eliminate crime in the city and frivolous additional work for the cops. However, I would agree it could use a revamping to include cars with remote start. The only question then is how do you tell the difference? Can the officer see a key in the ignition or not? Maybe. The last thing you'd want to do is compound the ordinance with additional unnecessary court appearances to negate a ticket that was issued to a remote start car.
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Old 11-19-2008, 02:26 PM
 
4,227 posts, read 3,865,501 times
Reputation: 1526
Quote:
Originally Posted by eve11706 View Post
Just saw the news on Channel 9 at Noon and was surprised to hear this. My question is will they still give you a ticket if you have remote start? The car can't get stolen without the key being in the ignition. And if you hit on the brakes the car will turn off. I also have an alarm system in my car. This is news to me.

Can you fight this in court? Coming from NY we LOVE remote start in the morning. Anyway we could make a suggestion to change the ordinance rule?



Police: Don't Leave Your Car Unattended While You Heat It Up

Wednesday, November 19, 2008 – updated: 6:46 am EST November 19, 2008
CHARLOTTE, N.C. -- It's cold outside, and that means many people want to warm up their cars before heading out the door for the day.Charlotte-Mecklenburg Police told Channel 9 they are cracking down on drivers who heat up their cars and then go back inside.The ordinance allowing officers to do so has been around for years, but they are cracking down now because thieves are targeting cars that are heating up and then using those cars in other crimes.If police catch you warming up your car without being in it, they can write you a ticket.[RIGHT]Copyright 2008 by WSOCTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.[/RIGHT]
It probably wouldn't make much sense to have a reasonable law with exceptions that would cause ambiguity. Regardless of remotes, a running empty car is an invitation for a break in which will result in costly, extensive damage. This ordinance is applicable to people leaving their cars running when the pop into a facility to get something to go like a coffee or bagel. It applies when one is not on their own property.
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Old 11-19-2008, 09:41 PM
 
739 posts, read 1,471,256 times
Reputation: 218
Quote:
Originally Posted by cynwldkat View Post
How odd. We also have the same feature allowing us to start our truck from in the house. The doors on the truck are locked and if opened the truck shuts itself off. I can see their reasoning if the car/truck were warming with the keys in it and unlocked. But most of todays cars/trucks have the feature of warming it up locked.
I agree, if the doors are locked and no keys to start the thing up. Plus after 10 min it shuts off anyway so they wouldn't even get too far IF they ever found a way to get it moved and I haven't yet, lol.
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Old 11-20-2008, 01:24 AM
 
Location: Statesville, NC
60 posts, read 93,536 times
Reputation: 22
I have a remote start. You push the button the car starts. You can sit in it without the key in the ignition but once you tap on the breaks the car shuts off. The car will not go!!! The car will also shut off after it has been running for 10 minutes automatically.

So for those who think that breaking into a car without a key in the ignition would just be causing damage to the vehicle. They might as well use the flat screw or whatever they use to hijack a car. Regardless they should change that rule with remote start. You can't even start your car unless your about 10 ft infront of it.
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