This chapter shall be known and may be cited
as the "Galax Traffic Ordinance," or simply as the "Traffic Ordinance."
[Amended 7-12-1982; 9-9-1985; 11-14-1988; 11-13-1990; 7-13-1998; 7-12-1999; 7-10-2000; 7-8-2002; 7-10-2006]
Pursuant to the authority of § 46-2-1313,
Code of Virginia, 1950, as amended, all of the provisions and requirements
of the laws of the state contained in Title 46.2, Article 9 (16.1-278
et seq.) of Chapter 11 of Title 18.2, of the Code of Virginia, 1950,
as amended, except those provisions and requirements the violation
of which constitutes a felony and except those provisions and requirements
which by their very nature can have no application to or within the
City, are hereby adopted and incorporated herein by reference and
made applicable within the City. A reference to highways of state
contained in such provisions and requirements hereby adopted shall
be deemed to refer to the streets, highways and other public ways
within the City. Such provisions and requirements are hereby adopted,
mutates mutandis, and made a part of this chapter as fully as though
set forth at length herein, and it shall be unlawful for any person
within the City to violate or fail, neglect or refuse to comply with
any provision of Title 46.2, Article 9(16.1-278 et seq) of Chapter
11 of Title 16.1 and Article 2(18.2-266 et seq) of Chapter 7 of Title
18.2 of the Code of Virginia, 1950, as amended, which is adopted by
this section, provided that in no event shall a penalty imposed for
the violation of any provision or requirement hereby adopted exceed
the penalty imposed for a similar offense under any of the above sections
which are incorporated by reference, and as more fully set out in
said Code of Virginia, 1950, as amended.
A.
The City Manager shall have general supervision and
control of the management and direction of all vehicular and pedestrian
traffic and of the parking and routing of vehicles in the interest
of the public safety, comfort and convenience not inconsistent with
the provisions of Code of Virginia, Title 46.2.
B.
He may, with the approval of the City Council, cause
appropriate signs and other authorized traffic control signals, markings
and devices to be erected, installed and maintained, designating school,
hospital and safety zones, railway crossings, through streets, through
stops, truck routes and streets prohibited for use by certain types
of vehicles, one-way streets, turns at intersections, traffic lanes
and such other signs and authorized traffic control devices as may
be necessary to carry out the provisions of this chapter.
C.
He shall have power to regulate the traffic by means
of traffic officers or semaphores or other signaling devices on any
portion of the highway where traffic is heavy or continuous or where,
in his judgment, conditions may require and may prohibit other than
one-way traffic upon certain highways and may regulate the use of
the highways by processions and assemblages.
D.
He may adopt any such regulations not inconsistent
with the provisions of this chapter as he shall deem advisable and
necessary and repeal, amend or modify any such regulation, provided
that such regulations, laws or rules shall not be deemed to be violated
if, at the time of the alleged violation, any sign or designation
required under the terms of this chapter is missing, effaced, mutilated
or defaced so that any ordinarily observant person under the same
circumstances would not be apprised of or aware of the existence of
such rule, and it shall be unlawful for any such person to violate
or fail to comply with the notice or directive given by any such traffic
control sign, signal, marking or other authorized device.
[Added 3-28-1983]
A.
THROUGH TRUCK
For the purpose of this section, the following terms
shall have the meanings indicated:
One that does not stop within the limits of the City of Galax
to either make a delivery or pickup.
B.
It shall be unlawful for any through truck weighing
over four tons or a tractor trailer to travel on Main Street from
East Stuart Drive to the intersection of South Main Street and Lineberry
Road in the City of Galax, except for the purpose of receiving loads
or making deliveries on said streets.
C.
Any person or persons convicted of a violation of
the provisions of this section shall be punished by a fine of not
less than $10 nor more than $100 or by imprisonment in jail for not
less than one nor more than 10 days, or by both such fine and imprisonment.
When it can be demonstrated to the satisfaction
of the City Manager or his duly authorized representative that the
strict enforcement of regulations relating to one-way streets will
cause an unreasonable hardship on some particular person relative
to the loading or unloading of trucks or other vehicles on such one-way
streets, then in such event the City Manager or his duly authorized
representative is authorized to issue a special permit to such person
permitting a variance from the provisions of this chapter as to one-way
streets. Any such special permit shall be in writing and shall specify
the nature of such variance and the place and period of time when
such variance shall be permitted. Such permit shall only be issued
when it can be demonstrated to the satisfaction of the City Manager
or his duly authorized representative that the granting of such permit
will alleviate a clearly demonstrable hardship, as distinguished from
a special privilege or convenience to the person who seeks such permit.
All traffic control signs, signals, markings
and other traffic control devices, including those which relate to
the parking of vehicles, heretofore installed by authority of the
City Council or the City Manager and which are in place on the effective
date of this chapter shall be deemed to be official traffic control
devices until such time as they may be removed by authority of the
City Council, and until they are so removed, it shall be unlawful
for any person to violate or fail to comply with any notice or directive
indicted by any such official traffic control device.
A.
The Division of Traffic Engineering shall consist
of a Traffic Engineer and such assistants and employees as the City
Council may, on the recommendation of the City Manager, deem necessary
for the efficient operation of such division.
B.
The City Manager may appoint a Traffic Engineer to
have direct charge of the Division of Traffic Engineering, whose term
of office shall be at the pleasure of the City Manager.
C.
It shall be the general duty of the Traffic Engineer
to:
(1)
Plan and determine the installation and proper timing
and maintenance of traffic control signals and other traffic control
devices.
(2)
Plan and direct the operation of traffic on the streets
of the City, including municipal parking areas.
(3)
Conduct investigations of traffic conditions.
(4)
Cooperate with other municipal and state officials
and make recommendations for the improvement of traffic movement and
conditions, including improvements in streets.
(5)
Carry out the additional powers and duties imposed
by ordinances of the City or as may be directed by the City Council
and the City Manager.
A.
Members of the Fire Department may direct or assist
the police in directing traffic at or in the immediate vicinity of
a fire and, while so acting, shall have all the authority of peace
officers.
B.
Members of rescue squads, the vehicles of which are
included within the provisions of the Code of Virginia, § 46.2-920,
may direct or assist the police in directing traffic at or in the
immediate vicinity of an accident and, while so acting, shall have
all the authority of police officers.
[Amended 11-13-1990]
A.
No person shall individually or in association with
one or more others willfully break, injure, tamper with or remove
any part of any motor vehicle, trailer or semitrailer for the purpose
of injuring, defacing or destroying such motor vehicle, trailer or
semitrailer or temporarily or permanently preventing its useful operation,
or for any purpose, against the will or without the consent of the
owner of such motor vehicle, trailer or semitrailer, nor shall any
person in any other manner willfully or maliciously interfere with
or prevent the running or operation of such motor vehicle, trailer
or semitrailer.
B.
No person shall, without the consent of the owner
or person in charge of a motor vehicle, trailer or semitrailer, climb
into or upon such motor vehicle, trailer or semitrailer with intent
to commit any crime, malicious mischief or injury thereto or, while
a motor vehicle, trailer or semitrailer is at rest and unattended,
attempt to manipulate any of the levers or starting crank or other
device, brakes or mechanism thereof or to set such motor vehicle,
trailer or semitrailer in motion, except that the foregoing provision
shall not apply when such act is done in an emergency or in furtherance
of public safety or by or under the direction of any officer in the
regulation of traffic or the performance of any other official duty.
A.
No procession or parade, except a funeral procession,
shall occupy, march or proceed along any street except in accordance
with a permit issued by the City Manager and such other regulations,
as set forth in this chapter, which may apply. Any permit application
made pursuant to this section must be submitted to the office of the
City Manager no less than 14 days prior to the proposed date of the
procession or parade.
[Amended 11-13-1990]
B.
No operator of a vehicle shall drive between the vehicles,
persons or animals comprising a funeral or other authorized procession,
except when otherwise directed by a police officer. This provision
shall not apply to authorized emergency vehicles as defined in § 46.2-920,
Code of Virginia.
[Amended 11-13-1990]
C.
Each driver in a funeral procession shall drive as
near to the right-hand edge of the roadway as is practicable and shall
follow the vehicle ahead as close as is practicable and safe.
D.
All motor vehicles participating in a funeral procession,
when proceeding to any place of burial, shall display illuminated
headlamps thereon and such other identification as the City Manager
may prescribe. All motor vehicles so designated shall have the right-of-way
over all other vehicles, except fire apparatus, ambulances and police
vehicles, at any street or highway intersection within the City and
may proceed through a stop street or signalized intersection with
proper caution and safety.
No person shall board or alight from any vehicle
while such vehicle is in motion.
No person shall ride on any vehicle upon any
portion thereof not designed or intended for the use of passengers.
This provision shall not apply to an employee engaged in the necessary
discharge of a duty or to persons riding within truck bodies in space
intended for merchandise.
A.
No vehicle shall be loaded with materials likely to
create loud noises by striking together, without using every reasonable
effort to deaden the noise.
B.
The use in, upon or attached to any motor vehicle
operating on any street of the City of any radio, phonograph, musical
instrument, bell, whistle, loudspeaker, amplifier or device of any
kind whatsoever whereby sound therefrom is cast upon any street to
promote or advertise the sale of goods, wares or merchandise or for
the purpose of advertising auction sales, sporting events or other
businesses or things advised thereby is prohibited. The provisions
of this subsection shall not apply to motor vehicles driven in a duly
authorized parade. The use of a loudspeaker on a motor vehicle for
making auction sales in streets directly in front of the property
thereon being sold, and entirely outside of the business districts
of the City, shall not be construed as a violation of this subsection
when such use is limited strictly to the selling at the auction of
such property.
C.
It shall be unlawful for any person in operating a
motor vehicle or motorcycle within the City to create in the operation
thereof any unreasonably loud, disturbing or unnecessary noise.
D.
In operating a motor vehicle or motorcycle, the following
acts, among others, are declared to create loud, disturbing and unnecessary
noises in violation of this section, but such enumeration shall not
be deemed to be exclusive, namely:
(1)
The use of a motor vehicle or motorcycle so out of
repair as to cause thereby loud and unnecessary grating, grinding,
rattling or any of such noises or any other unnecessary noise.
(2)
The practice of unnecessarily racing the motor of
a motor vehicle or motorcycle while standing or moving, thereby causing
unnecessary noise from such motor.
(3)
The practice of unnecessarily retarding the spark
to the motor of a motorcycle and thereby causing unnecessary, loud
and explosive noise from the motor.
(4)
In starting a motor vehicle or motorcycle from a standing
position, the practice of gaining speed unnecessarily quickly and
thereby causing unnecessary and loud noise from the motor and the
screeching of tires, or either of such noises.
(5)
The practice of coming to an unreasonably quick stop
with a motor vehicle or motorcycle and thereby causing unnecessary
grinding of brakes and screeching of tires, or either of such noises.
A.
No person shall throw or deposit upon any street or
highway any glass bottle, glass, nails, tacks, wire, cans or any other
substance likely to injure any person, animal or vehicle upon such
street or highway, nor shall any person throw or deposit or cause
to be thrown or deposited upon any street or highway any soil, sand,
mud, gravel or other substances so as to create a hazard to the traveling
public.
B.
Any person who drops or permits to be dropped or thrown
upon any street or highway any destructive or injurious material shall
immediately remove the same or cause it to be removed.
C.
Any person removing a wrecked or damaged vehicle from
a street or highway shall remove any glass or other injurious substance
dropped upon the street or highway from such vehicle.
D.
Any person violating the provisions of this section
shall be guilty of a misdemeanor and, upon conviction, punished by
a fine not to exceed $1,000 or by imprisonment in jail for a term
not to exceed one year, or by both such fine and jail imprisonment.
It shall be unlawful for the operator of any
truck, trailer or other vehicle equipped with a tailgate to lower
or open the tailgate thereon or to suffer or permit such tailgate
to be lowered or opened, except during the time the vehicle is being
loaded or unloaded and except during the time the load on the vehicle
necessitates a lowered or opened tailgate as a support for the load.
It shall be the duty of the operator of any such vehicle to see that
the tailgate on such vehicle is kept closed or raised, except during
the times hereinbefore specified. Any person who shall violate the
provisions of this section shall be punished by a fine of not less
than $5 nor more than $20 for each offense.[1]
The operator of any vehicle in the City shall
not back such vehicle unless such movement can be made with safety
and without interfering with other traffic.
No operator of a vehicle shall enter an intersection
or a marked crosswalk unless there is sufficient space beyond such
intersection or crosswalk in the direction in which such vehicle is
proceeding to accommodate the vehicle without obstructing the passage
of other vehicles or pedestrians, notwithstanding any traffic control
signal indication to proceed.
A.
It shall be unlawful for any person to operate, or
for the owner thereof to knowingly permit the operation of, upon a
highway of the City, any motor vehicle, trailer or semitrailer without
having displayed thereon the license plate or plates assigned thereto
by the State Motor Vehicle Division for the current registration year,
whenever such license plate or plates are required by state law.
B.
Such license plates shall, for a motor vehicle other
than a motorcycle, trailer or semitrailer, be attached to such motor
vehicle, one in front and the other in the rear. The license plate
assigned to a motorcycle, trailer or semitrailer shall be attached
to the rear thereof.
C.
Every such license plate shall be securely fastened
to the motor vehicle, trailer or semitrailer to which it is assigned
so as to prevent the plate from swinging and in a position to be clearly
visible and shall be maintained free from foreign materials and in
a condition to be clearly legible.
[Amended 11-13-1990]
Except as otherwise expressly provided by state
law, it shall be unlawful for any person to operate or cause or permit
the operation of a motor vehicle, trailer or semitrailer upon the
streets or highways of this City unless there is properly displayed
thereon a valid state inspection sticker showing that such vehicle,
trailer or semitrailer has been inspected and approved under the provisions
of section § 46.2-1157 et seq., Code of Virginia.
Whenever a motor vehicle, trailer or semitrailer
involved in an accident is found upon the highways or streets in the
City and is so located as to impede the orderly flow of traffic, the
police may, at no cost to the owner or operator, remove such motor
vehicle, trailer or semitrailer from the highways or streets to some
point in the vicinity where such motor vehicle, trailer or semitrailer
will not impede the flow of traffic.
[Amended 11-13-1990]
The owner or operator of every cart or other
vehicle employed in removing or carrying dirt, sand, coal, manure,
filth or offensive matter of any kind or description along or over
any of the streets of the City shall have and keep the same in such
tight and secure condition that such matter shall not be scattered
or suffered to fall on any street, under a maximum penalty of $100.
It shall be unlawful for any person, without
the consent of the owner or person in charge thereof, to take or cause
to be taken an automobile or motor vehicle and operate or drive, or
cause it to be operated or driven, for his own private use or purpose.
A.
It shall be unlawful for any owner or driver of any
bus, automobile, motor car or other vehicle, with knowledge or reason
to believe the same is to be used for any immoral purpose, to use
such vehicle or allow it to be used for the purposes of prostitution
or illegal sexual intercourse or to aid or promote such prostitution
or illegal sexual intercourse by the use of such vehicle.
B.
For each and every violation of this section, the
defendant, upon conviction, shall be fined not more than $1,000 or
imprisoned for not more than 12 months, or both.
A.
It shall be unlawful for any person to violate or
fail to comply with any provision of this chapter or of any rule or
regulation promulgated pursuant thereto, except those provisions of
state law, incorporated in this chapter by reference, the violation
of which constitutes a felony.
B.
Every person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided and which does not constitute a felony, shall be deemed guilty of a traffic infraction, punishable by a fine of not more than $100, provided that where a greater penalty is imposed by state law for a similar state law violation, the City may impose penalties up to and including such greater amount, including any term of imprisonment specified in such state law penalty, provided that such amounts of fine and/or imprisonment do not exceed the limits established in § 1-13 of this Code.
