This chapter shall be known and may be cited
as the "Traffic Ordinance."
[Amended 8-12-1987; 7-13-1988; 2-14-1990; 1991]
A.
Pursuant to the authority of § 46.2-1300
of the Code of Virginia, all of the provisions and requirements of
the laws of the state contained in Title 46.2 of the Code of Virginia
and in Article 2, Chapter 7, of Title 18.2 of the Code of Virginia,
except those provisions which are contained in the chapter and except
those provisions and requirements the violation of which constitutes
a felony, and except provisions and requirements which by their very
nature can have no application to or with the Town, as the same are
in effect as of July 1, 1991, are hereby adopted and incorporated
into this chapter by reference and made applicable within the Town.
References to "highways of the state" contained in such provisions
and requirements hereby adopted shall be deemed to refer to the streets,
highways and other public ways within the Town. Such provisions and
requirements are hereby adopted, mutatis mutandis.
B.
Any penalties for violations of this section, whereby
the provisions of Article 2 (§ 18.2-266 et seq.) of Chapter
7 of Title 18.2 of the Virginia State Code, as amended, pertaining
to driving while intoxicated, are incorporated by reference pursuant
to the Town's authority under Virginia Code § 15.1-1313,[1] shall be and are the same as the penalties provided for
the same or similar offenses under general state laws, including penalties
set by the provisions of Virginia Code § 18.2-11, as amended,
anything in the Charter of the Town of Stanley to the contrary notwithstanding.
[1]
Editor's Note: Title 15.1 of the Code of Virginia
was repealed by Acts 1997, c. 587, effective 12-1-1997. See now Title
15.2 of the Code of Virginia.
C.
Any penalties for violations of this section, whereby
the provisions of Title 46.2 of the Virginia State Code, as amended,
pertaining to motor vehicles are incorporated by reference pursuant
to the Town's authority under Virginia Code § 15.1-1313,[2] wherein the incorporated section provides no specific fine but states that the offense shall be punished as a misdemeanor (whether it be a Class 1, Class 2, Class 3 or Class 4 misdemeanor), shall be the penalties imposed for misdemeanors as set forth in § 1-16. Said penalties shall not be the penalties imposed for misdemeanors under § 18.2-11 of the Code of Virginia, as amended.
[2]
Editor's Note: Title 15.1 of the Code of Virginia
was repealed by Acts 1997, c. 587, effective 12-1-1997. See now Title
15.2 of the Code of Virginia.
Every person riding a bicycle or an animal upon
a roadway and every person driving any animal thereon shall be subject
to the provisions of this chapter applicable to the driver of a vehicle,
except those provisions which by their very nature can have no application.
A.
When the Town Council designates an intersection as
one at which the driver of a vehicle is required to stop or to yield
the right-of-way before entering such intersection, or designates
a street upon which traffic is to proceed only in one direction, or
designates a place at which U-turns are prohibited or at which turning
movements are otherwise prohibited or restricted, or imposes any other
regulation of traffic for which a traffic control sign, signal, marking
or device by state law is required to be in place to give notice to
drivers of vehicles or pedestrians, the Council shall cause such traffic
control sign, signal, marking or device to be installed and maintained
as required by law.
B.
All traffic control signs, signals, markings and devices
which are in place anywhere within the Town pursuant to authority
of state law, this Code or other ordinance shall be complied with,
and it shall be unlawful for the driver of any vehicle or for any
pedestrian to violate or fail to comply with any requirement, prohibition
or directive contained in any such traffic control sign, signal, marking
or device except by directive of a police officer.
Except as provided by state law with respect
to drivers of specified emergency vehicles, no person shall drive
or propel a vehicle upon any street or public way of this Town at
a speed in excess of the speed posted in authorized traffic control
signs upon such street or public way or, in the absence of any such
signs, at a speed in excess of 25 miles per hour.
Officers of the Fire Department may direct or
assist the police in directing traffic at or in the immediate vicinity
of a fire or other emergency and, while so acting, shall have all
the authority of police officers.
Crew members of rescue squad vehicles which
qualify as authorized emergency vehicles, as specified in § 46.2-920
of the Code of Virginia, may direct or assist the police in directing
traffic at or in the immediate vicinity of an accident, fire or other
emergency and, while so acting, shall have all the authority of police
officers.
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 procession or parade, excepting funeral processions
and the Armed Forces of the United States or this state and the forces
of the Police and Fire Departments of the Town or county, shall occupy,
march or proceed along any street except in accordance with a permit
issued by the Town Council or its duly authorized agent and such other
regulations as are set forth in this chapter which may apply.
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 specified emergency vehicles as defined in § 46.2-920
of the Code of Virginia.
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.
The operator of a vehicle in the Town shall
not back such vehicle unless such movement can be made with safety
and without interfering with other traffic.
No person driving a vehicle upon any public
street or way within the Town shall turn such vehicle so as to cause
it to proceed in the opposite direction or make what is commonly referred
to as a "U-turn."
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.
Whenever a vehicle, trailer or semitrailer involved
in an accident is found upon the highways or streets in the Town 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 vehicle, trailer
or semitrailer from the highways or streets to some point in the vicinity
where such vehicle, trailer or semitrailer will not impede the flow
of traffic.
A.
Pedestrians shall not use the roadways or streets,
other than the sidewalk thereof, for travel, except when necessary
to do so because of the absence of sidewalks reasonably suitable and
passable for their use, in which case if they walk upon the hard surface
or the main traveled portion of the roadway, they shall keep to the
extreme left side or edge thereof or, where the shoulders of the highway
are of sufficient width to permit, they may walk on either shoulder
thereof.
B.
Pedestrians shall not stand or stop in any roadway
or street for the purpose of soliciting rides.
A.
It shall be unlawful for any person to violate or
fail to comply with any of the provisions of this chapter or of any
rule or regulation promulgated pursuant thereto, unless such violation
is by any of such provisions declared to be a felony.
B.
Every person convicted of a violation of any of the
provisions of this chapter for which no other penalty is provided
shall, for a first conviction thereof, be punished by a fine of not
less than $10 nor more than $500 or by a jail term of not less than
one day nor more than 10 days, or by both such fine and imprisonment;
for a conviction for a second such violation within one year, such
person shall be punished by a fine of not less than $20 nor more than
$500 or by a jail term of not less than one day nor more than 20 days,
or by both such fine and imprisonment; for a conviction of a third
or subsequent violation within one year, such person shall be punished
by a fine of not less than $50 nor more than $500 or by a jail term
of not less than 10 days nor more than six months, or by both such
fine and imprisonment as may be imposed, which shall not be less than
as otherwise mandated by the Code of Virginia as applicable to any
particular offense.
