City of Fredericksburg, VA
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Code 1991, § 16-1]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CURB
A vertical elevation at the lateral line of a roadway.
DRIVEWAY
That part of a sidewalk and the ramp connecting such part of a sidewalk and the gutter intended to permit vehicular traffic in or out of the adjacent property by crossing the pedestrian area.
FIRE LANE
That portion of public or private property which has been designated by the City Fire Chief or his designee to permit rapid ingress to and egress from public or private structures in the event of a fire-related emergency. A fire lane shall be at least 15 feet in width with the route of a fire lane being marked on the curbing, on the pavement, or with posted signs, or with a combination of curb marking, pavement marking, and posted signs in accordance with the specifications set forth in § 42-211.
GUTTER
That portion of a street which is graded for drainage.
NONSTANDARD SIDEWALK, DRIVEWAY, OR CURB AND GUTTER
Any of these items which do not conform to City specifications because of materials, dimensions, location, or objects or appurtenances contained in them.
PEDESTRIAN AREA
An area within the public right-of-way intended to convey pedestrian traffic parallel to such right-of-way.
ROADWAY
That portion of a street intended for vehicular traffic.
SIDEWALK
That part of a street, whether paved or not, which is intended primarily for pedestrian use and which lies between the curblines, or the lateral lines of a roadway where there is no curb, and the adjacent property line.
STREET
Includes all public thoroughfares in the City and means the entire width thereof between abutting property lines.
[Code 1991, § 16-2]
Unless otherwise specified, any person who shall violate any of the provisions of this chapter shall be guilty of a Class 3 misdemeanor.
[Code 1991, § 16-3]
A. 
Where a concrete curb, gutter, or sidewalk is a prerequisite for the provisional acceptance of a street dedication under Chapter 78 of the Code or otherwise, such curb, gutter, or sidewalk shall be constructed to specifications designated by the City Manager and the cost thereof assumed by the abutting property owner.[1]
[1]
Editor's Note: See now Ch. 72, Unified Development Ordinance.
B. 
Where no concrete curb or gutter is in existence for any street accepted for dedication and the City Manager deems that a reasonable public need exists, such curb or gutter shall be constructed by the City at the expense of the City. For the purpose of this section, reasonable public need is defined as that point at which the functions of a concrete gutter cannot be more adequately or economically accomplished by other means.
C. 
Where no concrete driveway is in existence for a property and the abutting property owner wishes to construct one in conjunction with an existing or proposed driveway, he shall apply to the City Manager or his designee for a permit to construct such driveway. He shall submit plans showing curb cuts in compliance with City standards and a sidewalk having a depth of concrete sufficient to carry the anticipated load upon it. The costs of the work of constructing the driveway, including the curb cut ramp and sidewalk, shall be borne by the abutting property owner.
D. 
The cost of maintaining the curb or gutter in any street formally accepted for dedication by the City shall be assumed by the City.
E. 
The cost of maintaining the roadway of a street formally accepted by the City for dedication shall be assumed by the City.
F. 
It shall be unlawful for any person to construct or maintain any bridge across any gutter or to place any object in a gutter, including any crossing of the pedestrian way without a standard driveway.
G. 
In the case of commercial or industrial development, sums expended by the developer or owner in the construction of any roadways, streets, curbs, gutters, or sidewalks to be accepted for dedication by the City may be entirely or partially rebated under such procedures and terms as the City Council shall prescribe.
[Code 1991, § 16-4]
When use of a driveway is abandoned, as evidenced by alteration of the property which renders the driveway no longer usable, the abutting property owner shall remove the ramp, restore the curb and sidewalk, and regrade the space between the sidewalk and curb.
[Code 1991, § 16-5]
A. 
It shall be unlawful for any person using or occupying any cellar, the door of which opens onto any street or sidewalk in the City, to allow such door to remain open unless the door is properly guarded by a railing or grating covering the whole opening in such street or sidewalk. Any existing cellar doors or access pits deemed unsafe by the City Manager shall be removed and replaced at the owner's expense.
B. 
No cellar doors or cellar ways constructed after the effective date of the ordinance from which this section is derived shall extend into a sidewalk more than four feet from the building. Such doors shall be level with the sidewalk and shall be constructed of heavy iron or the equivalent.
[Code 1991, § 16-6]
Except as otherwise provided by law, all gates and doors opening onto any of the streets or alleys of the City, and all cellar doors below the grade of the sidewalk, shall open inside enclosures, except those that are hung on hinges which will not stand open, and those which are shut with springs.
[Code 1991, § 16-7]
A. 
Whenever any excavation has been made in any of the streets or sidewalks of the City or any obstruction placed thereon, the person causing such excavation or obstruction shall, to prevent accident to persons or property, have such excavation or obstruction guarded by proper barriers, and, during the nighttime, shall provide light by flashing lanterns or other sufficient means over such excavation or obstruction as required by the Director of Public Works. Where such excavation is in the nature of a trench or ditch, such lights shall be placed continuously along the line of such excavation, at no greater distance apart than 25 feet.
B. 
It shall be unlawful for any person in any way to interfere with or remove or tear down any barriers or lights erected in accordance with the provisions of Subsection A of this section.
C. 
Any person conducting any construction, repairs or rehabilitation of structures adjacent to the public way shall provide adequate protection of the public way as specified by the Director of Public Works.
[Code 1991, § 16-8]
Except as otherwise provided by law, it shall be unlawful for any person to use any public street or sidewalk for the purpose of engaging in the business of repairing automobiles, shoeing horses, or mending carts, wagons, drays, carriages or other vehicles, or to occupy a public street or sidewalk in the conduct of his trade or occupation. This section shall not be construed so as to prohibit emergency repairs or the operation of sidewalk cafes licensed by the City.
[Code 1991, § 16-9]
A. 
No person shall place or permit to be placed on any public street, alley, sidewalk, or right-of-way any wood, coal, casks, boxes, merchandise, lumber, or other thing belonging to such person or within his possession, custody or control unless a reasonable portion of the street, alley, sidewalk, or right-of-way is kept open and unobstructed at all times and such person removes all such wood, coal, casks, merchandise, lumber or other thing within 24 hours. The City Manager shall have the authority to extend this period for a reasonable length of time.
B. 
Exempted from the provisions of this section shall be the placement or display of:
(1) 
Goods, wares, or merchandise displayed for sale by a licensed merchant in front of his place of business, provided such display does not extend more than four feet from the abutting property line; and
(2) 
Portable flower boxes or containers placed within three feet of the abutting property line by the owner of such abutting property or by the ground-floor occupant of any building located thereon, provided that such containers and the contents thereof have a center of gravity sufficiently low to prevent overturning.
[Code 1991, § 16-10]
A. 
It shall be unlawful for any person to construct or cause to be placed any temporary or permanent encroachment, such as entry steps, stoops, or other structures, upon any public street, alley, sidewalk or other public way without the prior written approval of the City Manager. Such an encroachment may be allowed by the City Manager, provided:
(1) 
It does not unduly impede pedestrian or vehicular traffic;
(2) 
The permittee assumes all responsibility for maintenance of such structure;
(3) 
The City reserves the right to require relocation or removal of the encroachment at any time;
(4) 
The permittee assumes all liability for any losses, damages, expenses, or claims suffered by the City as a result of such encroachment; and
(5) 
Dumpsters and similar mobile garbage bins, mobile storage units such as PODS®, and portable toilets such as Porta-Potties encroaching on a street or sidewalk comply with Subsection E.
[Added 7-10-2018 by Ord. No. 18-12]
B. 
If the permittee fails to remove such encroachment promptly or otherwise fails to satisfy any condition of a permit or license granted therefor by the City Council or City Manager, the City Manager shall have the authority to remove the encroachment and charge the cost thereof to the owner or occupant of the property so encroaching, and collect the costs thereof in the manner provided by law for the collection of state or local taxes. The City Manager may further require the owner or occupant of the property so encroaching, pending such removal, to pay the City as compensation for the use of such portion of the public street, alley, sidewalk or other public way the equivalent of what would be the tax upon the land so occupied if it were owned by the owner of the property so obstructing or encroaching. If such removal shall not be made within the time ordered, the City Manager by regulation may impose penalties for each and every day that such obstruction or encroachment is allowed to continue thereafter.
C. 
Notwithstanding any other provision of law or agreement to the contrary, any person, owner, or occupant obstructing or encroaching upon a public street, sidewalk, alley, or right-of-way shall be liable for his negligent acts or omissions arising out of such encroachment.
D. 
The City Attorney shall be authorized to institute and prosecute suits or actions in ejectment or other appropriate proceedings to recover possession of any such public way or place or any other property of the City unlawfully occupied or encroached upon.
E. 
No encroachment described in § 66-10A(5) may be placed within a street or sidewalk without a permit from the Department of Public Works.
[Added 7-10-2018 by Ord. No. 18-12]
(1) 
The fees for permits under this § 66-10E shall be established by City Council, by resolution. No permit under this section shall be issued until all prescribed fees have been paid, and a permit may be revoked if any fee due after the encroachment is in place is not timely paid.
(2) 
The City Manager or his designee may promulgate additional permit terms which are not inconsistent with the City Code. A permit may be revoked for violation of those terms.
(3) 
Permits issued under this subsection shall be posted on the encroachment permitted, in a way that the permit is visible from the street.
(4) 
No permit issued under this § 66-10E shall permit the placement or storage of hazardous materials on public property.
(5) 
This § 66-10E does not apply to encroachments authorized by a special event permit under Article II of Chapter 66 or Article IV of Chapter 22 of the City Code.
[Code 1991, § 13-44]
It shall be a misdemeanor for any person to take orders for, sell, or offer for sale any goods, wares, merchandise, foodstuff, fish, or shellfish, or any products of the farm or forest from any automobile, truck, cart or other vehicle, while such vehicle is parked on any of the streets of the City; provided, however, that products of the farm or forest actually produced, or fish or shellfish actually caught, by the person offering the products for sale may be sold from vehicles at such places or on such streets as the City Council may from time to time designate by ordinance. Such designation shall be indicated by appropriate signage.
[Code 1991, § 13-47]
A. 
Prohibited; exceptions. The unauthorized use of motorcycles, mopeds, and other motor vehicles is prohibited on property owned by the City within or without the City limits, except that such vehicles may be used in areas that have been designated as streets or roadways by officers and employees of the City in the discharge of their duties. Also excepted from the provisions of this section is the use of any motorized device specifically designed to assist handicapped persons.
B. 
Penalty. Any person convicted of violating this section, upon his first conviction thereof, shall be guilty of a Class 4 misdemeanor. For the conviction of a second such violation within one year, such person shall be guilty of a Class 3 misdemeanor. For the conviction of a third subsequent violation within one year, such person shall be guilty of a Class 2 misdemeanor.
[Code 1991, § 13-48]
It shall be unlawful for any person to congregate on any sidewalk or crossing in such a manner as to hinder or obstruct any person walking along the sidewalk or crossing, and it shall be the duty of the police to keep the crossings clear and the sidewalks open for the passage of persons using the sidewalks and crossings. Any person who shall violate this section shall be punishable by a fine not to exceed $50.
[Code 1991, § 13-49]
A. 
It shall be unlawful for any person, after having been ordered to cease and desist, to use an automobile, van, truck, or any other motor vehicle not manufactured or designed as housing or as a recreational vehicle for living or sleeping quarters on any street or other public property within the City in lieu of a hotel, tourist cabin, boardinghouse, roominghouse, or similar accommodations or in lieu of permanent housing.
B. 
Any person found guilty of violating this section shall be subject to a fine of not more than $25. Any person found guilty of a second offense of this section within 30 days of a first offense shall be subject to a fine of $50.
[Code 1991, § 18-28]
It shall be unlawful for any person to deposit or throw anything in any reservoir of the City waterworks or to bathe in any such reservoir or to break, injure or climb over or through the enclosure of a reservoir, or to injure, deface, or molest anything about the filtration plant, or anything thereabouts belonging or pertaining to the City waterworks.
[Code 1991, § 18-29]
It shall be unlawful for any person to throw any filth, offal, dead animal or other offensive substance, or to befoul in any way, the water in the City canal.
[Added 12-13-2016 by Ord. No. 16-27]
A. 
Purpose. The purpose of this section is to facilitate the normal flow of traffic on public roadways and to promote the safety and convenience of persons on the public streets and in other public places.
B. 
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Shall have the same meaning as in Code of Virginia, § 46.2-100.
ROADWAY
That portion of a highway improved, designed, or ordinarily used for vehicular travel.
ROADWAY MEDIAN
A physical barrier or barriers or unpaved area that divides two or more roadways.
ROADWAY SHOULDER
That part of a roadway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch.
C. 
Prohibition. No person on public roadways, roadway medians, roadway shoulders, sidewalks, trails, or in public parks, parking lots, or buildings shall do any of the following:
(1) 
Approach, speak to, or follow a person in a manner that is intended to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property;
(2) 
Intentionally block or interfere with the safe and free passage of a pedestrian or motor vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(3) 
Solicit donations of money from a person within five feet of an automated teller machine.
D. 
Penalties. Violation of this section shall constitute a Class 4 misdemeanor. A third or subsequent violation of this section shall constitute a Class 1 misdemeanor.
[Added 10-10-2017 by Ord. No. 17-25]
A. 
No person shall attach any bicycle, stroller, bench, trash or recycling receptacle, sign, or any other item to a tree, streetlight pole, street sign post, or other public facility in the street or sidewalk, except as permitted by Subsection B.
B. 
Bicycles, scooters, and similar nonmotorized conveyances may be attached to designated bicycle racks for up to seven days at a time.