[Adopted 1-27-2009[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Parking, adopted 1-20-1948, as amended.
The following regulations for the parking of motor vehicles
in the County of Mathews pursuant to § 46.2-1220 of the
Code of Virginia of 1950, as amended, shall hereinafter be enforced:
A.
On Virginia State Highway Route No. 14, also known as "Main Street,"
beginning at the intersection of Virginia State Highway Route No.
198, at Hyco Corner and ending at the intersection of Virginia State
Highway Route No. 611, also known as "Tabernacle Road," motor vehicles
shall be parked parallel to the curb on both the west and east sides
of said street, except in that area on said street between the intersection
of Virginia State Highway Route No. 611, also known as "Church Street,"
and the intersection of Virginia State Highway Route No. 1001, also
known as "Brickbat Road," in which section motor vehicles shall be
parked at an angle of 45° to the curb, and except in that area
on the east side of said street from the northern property boundary
line of the parcel identified as Tax Map ID Number 26A322-3A south
to the intersection of a private street known as "Maple Avenue," in
which section motor vehicles shall be parked at an angle of 90°
to the curb.
[Amended 8-28-2012]
B.
On the north side of Virginia State Highway Route No. 611, also known
as "Church Street," from the intersection of Virginia State Highway
Route No. 14, also known as "Main Street," to the intersection of
Virginia State Highway Route No. 1003, the street on the west side
of the court green, motor vehicles should be parked parallel to the
curb. On the south side of Virginia State Highway Route No. 611, also
known as "Church Street," from its intersection with Virginia State
Highway Route No. 1003, the street on the west side of the court green,
to the intersection of Virginia State Highway Route No. 1002, also
known as "Court Street," motor vehicles shall be parked parallel to
the curb. On the south side of Route 611 from the intersection of
Virginia State Highway Route No. 1002, also known as "Court Street,"
to the intersection of Virginia State Highway Route No. 14, also known
as "Main Street," motor vehicles shall be parked parallel to the curb.
C.
On Virginia State Highway Route No. 1003, the street on the west
side of the court green, motor vehicles shall be parked on both the
west and east sides of said street parallel to the curb.
D.
On the west side of Virginia State Highway Route No. 1002, also known
as "Court Street," motor vehicles shall be parked at an angle of 45°
to the curb, and on the east side of said street motor vehicles shall
be parked parallel to the curb.
E.
On Virginia State Highway Route No. 1001, also known as "Brickbat
Road," motor vehicles shall be parked parallel to the curb on the
north side of said street on that section thereof which is adjacent
to the court green.
F.
Within the designated parking spaces of the parking areas adjacent
to the Administration Building of the County of Mathews, the designated
parking spaces within the parking areas adjacent to and on the property
of the County of Mathews containing offices of the Treasurer and Commissioner
of Revenue of Mathews County, the Courthouse Building of Mathews County,
the Attorney's Building for Mathews County and office of the
Sheriff of Mathews County, which in the aggregate are known as "Liberty
Square," the designated parking spaces at the parking lot located
on the Parks and Recreation property of Mathews County, the parking
spaces designated in the parking lot immediately adjacent to the Station
1 firehouse of Mathews County and within the parking spaces in the
parking lot adjacent to and serving the Seabreeze Restaurant and Public
Landing in Mathews County.
Pursuant to § 46.2-1220 of the Code of Virginia, as
amended, the following general parking prohibitions shall be enforced
in the County of Mathews, Virginia:
A.
No person shall park a vehicle except when necessary to avoid conflict
with other traffic or in compliance with the directions of a Sheriff's
deputy or other law enforcement officer or traffic control device
in any of the following places:
(1)
Within 15 feet in either direction of a fire hydrant or the entrance
to a fire station.
(2)
Within any designated fire lane.
(3)
At any place so as to block any fire department access to a highway.
(4)
Within 20 feet of the center line of a traffic alley or public or
private driveway.
(5)
Within 20 feet from the intersection of curblines or within 30 feet
from any flashing beacon, stop sign or traffic control signal located
at the side of the roadway, whichever distance is greater.
(6)
Within 15 feet of the entrance to a building housing rescue squad
equipment or ambulances, provided such buildings are plainly designated.
(7)
On a public sidewalk.
(8)
On a crosswalk or walkway.
(9)
Within a safety zone. Safety zone is defined as "the area officially
set apart within a roadway for the exclusive use of pedestrians and
that is protected or is so marked or indicated by plainly visible
signs" pursuant to § 46.2-100 of the Code of Virginia of
1950, as amended.
(10)
To the right of a curb.
(11)
At any place in violation of signs which prohibit, reserve or
restrict parking, which prohibitions, reservations or restrictions
are authorized by the County of Mathews.
(12)
It shall be a violation of this article for any person to park
any vehicle having no current valid legally displayed state license
on a highway in the County of Mathews.
(13)
It shall be a violation of this article for any person to park
any vehicle upon the private property of another without the express
permission of the owner of said property.
(14)
Vehicles parked in designated parking spaces shall face in the
same direction as the line of traffic in the lane immediately adjoining
the designated parking space.
B.
All motor vehicles that are required to be parked parallel to the
curb or at 45° or 90° to the curb in conformance with the
provisions of this article shall be parked within the designated areas
marked on the pavement of the street for that purpose. Failure to
park within the designated areas 45° or 90° to the curb or
parallel to the curb shall constitute a violation of this article
and shall be subject to the penalties hereinafter established. No
more than two motorcycles may park in a single parking space. Where
more than two motorcycles are parked in a single parking space, all
motorcycles parked in said single space are in violation of this article.
[Amended 8-28-2012]
Pursuant to § 46.2-1220 of the Code of Virginia of
1950, as amended, the Sheriff of the County of Mathews is hereby authorized
and delegated to enforce the present article and any regulations or
ordinances or amendments thereof hereinafter enacted by the County
of Mathews to include but not be limited to designated parking areas
and further to enforce penalties for violations, deadlines for the
payment of fines and late payment penalties for fines not paid when
due. The Sheriff of Mathews County is hereby authorized and delegated
to establish designated temporary parking areas and temporary parking
regulations to regulate those activities for special events authorized
by the County of Mathews. Failure to obey these temporary parking
areas and/or regulations shall constitute a violation of this article.
All permanent regulations of this article shall be promulgated by
the Board of Supervisors of Mathews County.
Pursuant to § 46.2-1312 of the Code of Virginia of
1950, as amended, all traffic signs, traffic signals and markings
placed or erected to effect the provision of this article shall conform
in size, design and color to those erected for the same purpose by
the Department of Transportation of the Commonwealth of Virginia.
Penalties for the violations of the provisions of the present
article shall be $15 for each violation unless a penalty is expressly
set out in the section violated.
Pursuant to § 46.2-1225 of the Code of Virginia of
1950, as amended:
A.
The uncontested payment of a parking citation penalty shall be collected
and accounted for by the Treasurer of the County of Mathews.
B.
Contest by any person of any parking citation should be certified
on the appropriate form to the General District Court of Mathews County.
C.
The Sheriff of Mathews County shall cause complaints, summons or
warrants to be issued for delinquent parking citations.
D.
Every action to collect unpaid parking citation penalties imposed
for violation of this article, regulating parking, shall be commenced
within three years of the date upon which such penalty became delinquent.
A.
Pursuant to § 46.2-1240 et seq. of the Code of Virginia
of 1950, as amended, it shall be unlawful for any nonhandicapped operator
of a motor vehicle to park any motor vehicle in a parking space reserved
for the handicapped on public property or at privately owned shopping
centers and business offices.
B.
A parking space shall be considered reserved for the handicapped
if it is so clearly designated by sign or otherwise and whether by
words or by the symbol consisting of a stylized wheelchair and occupant
which appears within the square or in any other appropriate matter
or if parking by those not handicapped is indicated as prohibited.
Parking spaces reserved for the handicapped shall be identified by
above-grade signs.
C.
The prohibition set forth in this section shall not, however, apply
to the following:
(1)
A person who is chauffeuring the owner of a special vehicle parking
permit issued pursuant to § 46.2-731, 46.2-739 or 46.2-1240
et seq. of the Code of Virginia of 1950, as amended, provided that
the permit, a placard or plate is displayed; or
(2)
The operator of any passenger car, pickup or panel truck or any vehicle
specially equipped and used for the transportation of groups of physically
handicapped persons, provided that a removable decal, placard or plate
issued pursuant to § 46.2-731, 46.2-739 or 46.2-1240 of
the Code of Virginia of 1950, as amended, is displayed on such vehicle
and such vehicle is being used at the time in the transportation of
a group of handicapped persons.
D.
A person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than $250. A summons or parking citation for such offense may be issued by the Sheriff or any Deputy Sheriff or any other police officer who has such authority by the law. The minimum fine payment for such citation when disposed of pursuant to § 158-6A of this chapter shall be $100. This is pursuant to § 46.2-1242 of the Code of Virginia of 1950, as amended.
Pursuant to § 46.2-1213 of the Code of Virginia of
1950, as amended:
A.
Motor vehicles, trailers or semi-trailers or parts thereof may be
removed if:
(1)
They are left unattended on a public highway or other public property
and constitutes a traffic hazard.
(2)
They are illegally parked.
(3)
They are left unattended for more than 10 days on public property.
(4)
They are immobilized on a public roadway by weather conditions or
other emergency situations.
B.
Removal shall be carried out by or under the direction of a law enforcement
officer.
C.
The motor vehicle, trailer, semi-trailer or part thereof shall be
presumed to be abandoned if it (i) lacks either a current license
plate or a current County, city or town license plate or sticker or
a valid state safety inspection certificate or sticker and (ii) it
has been in a specific location for four days without being moved.
As promptly as possible, each removal shall be reported to the Sheriff
of Mathews County and to the owner of the motor vehicle, trailer,
semi-trailer or part thereof.
D.
Before obtaining possession of the motor vehicle, trailer, semi-trailer or part thereof, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating the owners. If the owner fails or refuses to pay the cost or if his/her identity or whereabouts is unknown and unascertainable after a diligent search has been made and after notice to him/her at his last known address and to the holder of any lien of record with the office of the Department of Motor Vehicles against the motor vehicle, trailer, semi-trailer or part of a motor vehicle, trailer or semi-trailer, the vehicle shall be treated as abandoned under the provisions of Article I, § 46.2-1200 through § 46.2-1208, of the Code of Virginia of 1950, as amended, and shall be disposed of accordingly.
Pursuant to § 46.2-1216 of the Code of Virginia of
1950, as amended, any motor vehicle parked on the public highways
or public grounds against which there are three or more unpaid or
otherwise unsettled parking violation notices may be removed to a
place within the County of Mathews designated by the Sheriff of Mathews
County for the temporary storage of the vehicle or the vehicle may
be immobilized in a manner which will prevent its removal or operation
except by authorized law enforcement personnel. As soon as practicable,
the law enforcement personnel removing or immobilizing the motor vehicle
or under whose direction such vehicle is removed or immobilized shall
inform the owner of the removed or immobilized vehicle of the nature
and circumstances of the prior unsettled parking violation notices
for which the vehicle was removed or immobilized. In any case involving
immobilization of a vehicle pursuant to this section, there shall
be placed on the vehicle in a conspicuous manner a notice warning
that the vehicle has been immobilized and that any attempt to move
the vehicle might damage it. The owner of an immobilized vehicle or
other person acting on his behalf shall be allowed at least 24 hours
from the time of immobilization to repossess or secure the release
of the vehicle. Failure to repossess or secure the release of the
vehicle within that period of time may result in the removal of the
vehicle to a storage area for safe keeping under the direction of
the Sheriff's Department of Mathews County. The owner of the
removed or immobilized vehicle or person acting on his behalf shall
be permitted to repossess or to secure the release of the vehicle
by a payment of the outstanding parking violation notices for which
the vehicle was removed or immobilized and by payment of any costs
incidental to the immobilization, removal and storage of the vehicle
and the efforts to locate the owner of the vehicle. Should the owner
fail or refuse to pay such fines or costs or should the identity or
whereabouts of the owner be unknown and unascertainable, the vehicle
may be sold in accordance with the procedures set forth in § 46.2-1213
and § 46.2-1200 through § 46.2-1208 of the Code
of Virginia of 1950, as amended.
Pursuant to § 46.2-1215 of the Code of Virginia of
1950, as amended:
A.
It shall be unlawful for any person to leave any motor vehicle, trailer
or semi-trailer, or part thereof, on the private property of any other
person without his consent.
B.
Upon complaint by the owner of the property on which such motor vehicle,
trailer or semi-trailer, or part thereof, has been left for more than
72 hours, such motor vehicle, trailer or semi-trailer, or part thereof,
may be removed by or under the direction of a police officer to a
storage garage or area; provided that the person at whose request
such motor vehicle, trailer or semi-trailer, or part thereof, is so
removed shall indemnify the County against any loss or expense incurred
by reason of removal, storage or sale thereof.
C.
The owners of private property which is normally open to the public
for parking are required to post or cause to be posted signs warning
that vehicles left on the property for more than 72 hours will be
towed or removed at their owners' expense.
D.
In the case of the removal of a motor vehicle, trailer or semi-trailer,
or part thereof, from private property, when the same cannot be readily
sold, such motor vehicle, trailer or semi-trailer, or part thereof,
may be disposed of in such manner as the Board of Supervisors of the
County may provide.
E.
In all other respects, the provisions of § 158-8 shall apply to such removals; provided that disposal of a motor vehicle, trailer or semi-trailer may, at the option of the Board of Supervisors, be carried out under either the provisions of § 158-8 or under the provisions of this section, after a diligent search for the owner, after notice to him/her at his/her last known address and to the holder of any lien of record in the office of the Division of Motor Vehicles of this state against such motor vehicle, trailer or semi-trailer, and after the motor vehicle, trailer or semi-trailer has been held at least 60 days.
Pursuant to § 46.2-1217 of the Code of Virginia of
1950, as amended, the County Administrator shall have the power to
enter into contracts with the owner or operator of garages or places
for the removal or storage of vehicles referred to in the preceding
section. The contracts shall provide for the payment by the County
of reasonable charges for the removal and storage of such vehicles,
shall require such owners or operators to deliver such vehicles to
the owners thereof or their agents upon demand therefor upon furnishing
satisfactory evidence of identity and ownership or agency and upon
payment of such removal and storage charges, and that the owners or
operators of such garages or places of storage will indemnify the
owners of such vehicles for injury or damage thereto resulting from
the negligent removal or storage thereof, and such owners shall be
required to provide themselves with adequate liability insurance to
cover such indemnity.
Any personal property found in any unattended or abandoned motor
vehicle, trailer or semi-trailer may be sold incident to the sale
of any such vehicle as authorized in § 46.2-1214 of the
Code of Virginia of 1950, as amended.
Pursuant to § 46.2-1220 of the Code of Virginia of 1950, as amended, in any prosecution charging a violation of any parking regulation contained in this article, proof that the vehicle described in the complaint, summons or warrant was parked in violation of such regulation, together with proof that the defendant was at the time of such parking the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia of 1950, as amended, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred.
Whenever the statutes of the Code of Virginia of 1950, as amended,
upon which one or more of the foregoing sections is based are amended
or changed, the section shall incorporate by this reference the change
or amendment.
