gchildress@heraldsun.com; 419-6645
CHAPEL HILL -- A proposed ban on motorists using cell phones and a tree protection ordinance are the subjects of two public hearings scheduled Monday when the Town Council meets for its regular business meeting at 7 p.m.
The cell phone ban is an item brought to council in January by Councilwoman Penny Rich. She said residents approached her and asked that she lead a campaign to ban cell phones and other held-hand devices because their usage by motorists create unsafe conditions on town roads.
The council asked City Attorney Ralph Karpinos to find out whether the town could enact such a law, and whether it could enforce the rules on state roads in town.
In a staff memorandum, citing state law and a 1988 opinion from then-Senior Deputy Attorney General Eugene A. Smith, Karpinos said it appears the town could enact such a law, but should probably limit any restriction of cell phone usage by motorists to roads controlled by the town.
"The case in support of such regulations would be enhanced if the provisions applied only to streets under the Town's authority," Karpinos wrote.
The law, 106A-296, says in part that a city shall have general authority and control over all public streets "except to the extent that authority and control over certain streets and bridges is vested in the Board of Transportation."
Smith's opinion, in response to a town inquiry about whether it could establish a school zone speed limit on a street that is part of the state highway system, reinforces Karpinos' belief.
"The general grant of authority to municipalities over streets is subordinate to the Department of Transportation's rights and duties to maintain the State Highway Systems," Smith wrote, citing several state laws and court cases.
Many of the town's major roads such as Franklin Street, Martin Luther King, Jr. Boulevard, Colombia Street, Fordham Boulevard, Weaver Dairy Road, Homestead Road and others are maintained by the state.
"It would be prudent to consider limiting such regulations to activities occurring on streets under the jurisdiction of the Town and not state roads and highways," Karpinos said.
Council members also have discussed asking the General Assembly for legislative authority to enact a ban, but worry lawmakers would not be willing to take the matter up during its short session scheduled to begin in May.
In other business scheduled Monday, the council will consider new rules for tree protection when it considers a text amendment to the Land Use Management Ordinance regarding the Tree Protection Ordinance.
The ordinance would establish minimum tree canopy coverage requirements for individual lots and tracts. It would also establish standards related to significant tree-removal activities on residential properties.
