City of Fredericksburg, VA
 
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Table of Contents
Table of Contents
[Code 1991, § 16-26]
It shall be unlawful for any person to open or to grade, pave, light, clean or otherwise improve at the expense of the City any street dedicated to the public by any owners of private property, unless the roadway has been designed, graded, and paved in accordance with City specifications at the owner's expense, approved by the City Manager, and accepted by resolution or ordinance of the City Council.
[Code 1991, § 16-27]
A. 
Upon adoption of a duly enacted ordinance, the City Council may abandon and vacate any public street or alley, or any portion thereof, within the City. Such ordinance shall be initiated either by motion of the City Council or by the application of any person, provided such application is filed and considered in accordance with the provisions of this section.
B. 
Any person seeking the abandonment and vacation of a public street or alley shall file a written application with the City Manager or his designee with an application fee of $100.
C. 
Upon acceptance of a complete application by the City Manager or his designee or upon the motion of the City Council to abandon and vacate a public street or alley, the City Manager shall cause a notice of intention to vacate a public street or alley to be published at least twice, with at least six days elapsing between the first and second publication, in a newspaper having general circulation in the City. Such notice shall specify the time and place of a public hearing before the City Council, at which time persons affected may appear and be heard. The City Manager shall also notify in writing by certified mail all property owners affected by the proposed vacation of the hearing. The cost of publishing and mailing such notices shall be taxed to the applicant.
D. 
At the conclusion of the hearing, and upon application of any person, the City may appoint not less than three and not more than five viewers to view such street or alley and report in writing whether, in their opinion, any inconvenience would result from discontinuing the street or alley. The City Council may allow such viewers up to $50 each for their services. The sum allowed shall be paid by the person making the application to alter or vacate the street or alley.
E. 
After such public hearing and considering the viewers' report and other evidence, if any, the City Council may discontinue and vacate such street or alley. When an applicant requests a vacation to accommodate expansion or development of an existing or proposed business, the City Council may condition the vacation upon commencement of the expansion or development within a specified period of time. Failure to commence within such time may render the vacation, at the option of the City Council, null and void. A certified copy of the ordinance of vacation shall be recorded among the land records of the circuit court of the City in the name of the City. A conditional vacation shall not be recorded until the conditions have been met.
F. 
If an abutting property owner is among the persons applying for the vacation, such person may be required by the City Council to purchase the street or alley, as a condition of such vacation, at a price to be agreed upon by the parties.
G. 
Any appeal of a decision by the City Council shall be filed within 60 days of adoption of the ordinance with the Circuit Court of the City.
[Code 1991, § 16-28]
It shall be unlawful for any person to take any sand, gravel, dirt or roadway material from any of the streets or alleys of the City without the permission of the City Manager.
[Code 1991, § 16-30]
A. 
No person shall place or permit to be placed on any street right-of-way or public right-of-way in the City any vending or service machine, operated by the insertion of money, either coin or paper, or of a token used in lieu of money.
B. 
No person shall place, or permit to be placed, on any street right-of-way or public right-of-way in the City any device wherein money or a token used in lieu of money is deposited in exchange for goods or services.
C. 
Except as provided in Article III, Division 2, of this chapter, newspaper vending machines or any devices utilized for the sale of newspapers are specifically exempted from the provisions of Subsections A and B of this section.
[Code 1991, § 16-31]
A. 
Permit required. It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley, or public place in the City without having obtained a valid permit issued by the City Manager or to violate any of the terms of such permit.
B. 
Application for permit. Application for a permit shall be made to the City Manager and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person doing the actual excavating work and the name of the person for whom or for which the work is being done, and shall contain a statement that the applicant agrees to comply with all ordinances and laws relating to the work to be done.
C. 
Resurfacing. All resurfacing of excavations shall be performed in a manner specified by the City Manager.
[Code 1991, § 16-32]
A. 
Any person engaged or about to be engaged in building, repairing, excavating, or making any improvements on a house or lot on which materials are to be used or from which they are to be removed may store materials in that part of the street or public alley in front of his premises, on so much of the street as may be designated by the City Manager. The owner must have prior written approval from the City Manager and must take all necessary precautions to ensure public safety during this period. The owner is responsible for all cleanup. No such storage of materials shall be made in a street so as to obstruct improvements which the City is making in the street, or for a longer time than is necessary for the work.
B. 
A licensed contractor, engaged in construction of a building adjacent to the public right-of-way, may park one vehicle in front of the site for extended periods of time beyond the established time limit, provided the contractor has prior written approval from the Chief of Police and the City Manager. The permit can run for no more than 30 days at a time.
[Ord. No. 10-03, 3-9-2010]
DEMONSTRATION
A public display of group feeling (as of approval, sympathy or antagonism) especially towards a person, cause or action of public interest. The term includes demonstrations, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw onlookers.
EVENT SPONSOR
The person, business, or organization responsible for the event.
EXPRESSIVE ACTIVITY
One by which the person intends to convey a message through his conduct, and that message is likely to be perceived by an observer of the conduct. Expressive activity shall include any public gathering, demonstration, procession or parade, the primary purpose of which is the exercise of the rights of assembly and free speech as guaranteed by the First Amendment of the Constitution of the United States.
MAJOR EVENT
One which requires the closure of the public street for four hours or more, including set-up and clean-up times; the temporary closure of an arterial street; the temporary closure of Caroline Street between Lafayette Boulevard and Amelia Street; or any other event determined by the City Manager based upon the location or duration of the event to have the potential for such a significant public impact that notification of the pending application is warranted.
PUBLIC STREETS OF THE CITY
The public motor vehicle travel way.
RESIDENTIAL BLOCK PARTY
An outdoor annual social event for the owners, residents, or tenants fronting a specific City block, which causes a closure of the entire street, or portion thereof, to vehicular traffic and use of the street for the event. The term does not include events that are open to the public.
[Added 2-12-2019 by Ord. No. 19-03]
SPECIAL EVENT
For the purposes of this section and the following sections shall be any gathering proposed to take place on public streets within the City, or which require the temporary closure or blockading of public streets for the safety of event participants, including for example foot races, bicycle races, parades, marches and processions, street festivals, block parties, outdoor festivals, sporting events, film production, charity walks, protests, and demonstrations. An event which requires the temporary closure of a lane of traffic for safety reasons, or which requires the temporary closure of intersections for safety reasons, is a "special event." Funeral processions supervised by a licensed mortuary are not included in this definition.
SPONTANEOUS EVENT
Any public gathering, demonstration, procession or parade which is responsive to events recently in the news, or which attempt to influence an event in the near future (such as a legislative action or an election) for which the effectiveness of expression is time-sensitive.
[Ord. No. 10-03, 3-9-2010]
A. 
No person shall organize, direct, or lead any special event consisting of 20 or more persons upon any public street within the City unless the City Manager has granted a permit for the event. No person shall continue to organize, direct or lead any special event if the City Manager has revoked or suspended the permit for the event. Violation of this requirement shall be a Class 3 misdemeanor.
B. 
No person shall organize, direct or lead any special event consisting of 20 or more persons upon a public sidewalk within the City unless the Chief of Police has granted a permit for the event. No person shall continue to organize, direct or lead any special event if the Chief of Police has revoked or suspended the permit for the event. Violation of this requirement shall be Class 3 misdemeanor.
[Ord. No. 10-03, 3-9-2010]
A. 
The event sponsor shall submit an application to the City Manager or his designee, in advance not less than: (1) 30 days for a block party; (2) 60 days for a special event that does not require the temporary closure or blockading of public streets; (3) 60 days for a demonstration; (4) 120 days for a special event that does require the temporary closure or blockading of public streets, and any major event; and (5) 48 hours for a spontaneous event; and not more than 12 months prior to the date of the proposed event. The event sponsor may file a single application for an event series that repeats on a monthly or weekly basis. Each annual event shall be the subject of a separate application.
[Amended 2-12-2019 by Ord. No. 19-03]
B. 
If an application is submitted after the filing deadline, the City Manager may reduce or waive the deadline upon (i) a showing by the applicant, in writing, that circumstances giving rise to the proposed event did not reasonably allow the applicant to apply for a permit within the time prescribed, and (ii) the Manager's determination that the shorter period of advance notice allows the City sufficient time to take measures to provide for necessary special event planning.
[Amended 2-12-2019 by Ord. No. 19-03]
C. 
The application shall contain the following information, using a form provided by the City Manager:
(1) 
Name and address of the person responsible for the event;
(2) 
Name and address of any sponsoring organization;
(3) 
Description of the proposed event;
(4) 
Date, time, and location/route of the proposed event, the number of participants and spectators expected;
(5) 
A map showing the streets, sidewalks and public places upon which the special event is to occur;
(6) 
Provisions for amplified sound, tents, stages, bleachers, shelters, electricity, disposal of garbage, food sales, alcohol sales, and merchandise sales;
(7) 
Provisions for public safety, including street closure and provision of first aid as necessary; provision for sanitation facilities, crowd, noise and traffic control, parking and loudspeaker placement;
(8) 
Any other information that may be required by the City Manager.
[Ord. No. 10-03, 3-9-2010]
For any major event, the event organizer shall provide notice of the event application to affected businesses and residents in conformance with a notification plan developed by the City Manager. The notice shall include the name and contact information for the event organizer, and invite the recipients to contact the event organizer with questions. The notice shall also include contact information for the City Manager or his or her designee, as well as the criteria for action on the application set forth below, and invite recipients to contact the City with their comments. The City Manager may waive this requirement for block parties.
[Ord. No. 10-03, 3-9-2010]
A. 
A completed application shall be processed and either granted or denied within a reasonable time of receipt, but not more than 20 days of receipt of the completed block party application, 45 days of receipt of the completed special event (no temporary street closure or blockade) or demonstration application, and 60 days of receipt of the completed special event (with temporary street closure or blockade) or major event application. Such decision shall be in writing, setting forth the conditions of the permit, if granted, or the reasons for denial. The decision shall be provided to the applicant at the address stated in the application.
[Amended 2-12-2019 by Ord. No. 19-03]
B. 
The City Manager shall approve the permit if:
(1) 
The time, duration, route and size of the special event will not unreasonably interrupt the safe and orderly movement of vehicular or pedestrian traffic or the normal use of public property in a place open to the general public;
(2) 
The proposed special event will not present an unreasonable safety or health risk to participants, spectators or the public, or an environmental hazard;
(3) 
The event sponsor has, where appropriate, designated monitors sufficient to control the orderly conduct of the parade or assembly in conformity with such permit;
(4) 
The event will not unduly interfere with the proper fire and police protection of, or ambulance service to, the remainder of the City, or unreasonably disrupt other public services and protection normally provided to the City;
(5) 
City resources necessary to support the event are reasonably available;
(6) 
The event will not interfere with another event for which a permit has been granted;
(7) 
The event will conform with all applicable state regulations and laws governing the proposed event;
(8) 
If required, the applicant has provided proof of liability insurance underwritten by insurers acceptable to the City, indemnifying the applicant against any perils, suits, claims and losses which may arise in connection with the proposed activity. Such coverage shall be in amounts consistent with a standard schedule approved by the City Manager, based upon risks associated with each type of event, in consideration of anticipated attendance. If alcohol service is approved, the applicant shall provide proof of liquor liability insurance naming the City of Fredericksburg as an additional insured. The event sponsor shall indemnify the City against harm caused by the actions of the event sponsor and individuals acting pursuant to the event sponsor's authority or under the control of the event sponsor.
C. 
The City Manager may deny a permit if:
(1) 
The event fails to meet the criteria for approval listed above;
(2) 
The application is late or incomplete;
(3) 
The application contains a material falsehood or misrepresentation;
(4) 
The applicant has damaged City property on prior occasions and has not paid for the damage;
(5) 
A permit has been granted to an earlier applicant for the same time and place;
(6) 
The intended use would present an unreasonable danger to the health or safety of other users of the street or City employees;
(7) 
The applicant has violated the terms of a prior permit.
D. 
The City Manager may approve the permit with conditions imposing such reasonable requirements concerning the time, place or manner of holding the event as necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the Virginia or United States Constitution. Such conditions may include but are not limited to:
(1) 
The payment of a reasonable fee for the use or allocation of City equipment and personnel not exceeding the actual costs incurred by the City in connection with the proposed activity, and the posting of a performance bond or other surety securing payment of such fee;
(2) 
The provision of adequate crowd and traffic control, security, fire protection, food handling, waste and refuse disposal, and noise restrictions.
E. 
Nothing herein shall permit the City Manager to condition or deny a permit based upon political, social or religious grounds or reasons or based upon the content of the views expressed. Denial of a permit on such grounds is prohibited.
F. 
When the grounds for anticipated denial of an application can be corrected by altering the date, time, duration, route or location of the event, the City Manager or his designee may conditionally approve the application, subject to the applicant's acceptance of such conditions. Any conditions so imposed shall provide only for such modification of the applicant's proposal as may be necessary to achieve compliance with this section.
G. 
Prior to the final denial of any application, the applicant shall be apprised of the reason therefor and shall be entitled to a hearing before the City Manager or his representative. The City Manager shall meet with the applicant within two working days of the request for a hearing, and render his final decision within two working days thereafter.
H. 
The event sponsor may seek prompt judicial review of a permit denial pursuant to general Virginia law.
I. 
The City Manager may adopt and implement policies consistent with this chapter for its administration.
[Ord. No. 10-03, 3-9-2010]
A. 
The requirements for insurance, indemnification, and for payment of fees for the use or allocation of City equipment and personnel shall be waived or reduced for any noncommercial demonstration held for the primary purpose of expressive activity, upon a showing in writing that the applicant is financially unable to pay the costs of such fees and services and that the right to engage in expressive activity would be unreasonably curtailed by failure to waive such requirements; provided that insurance may be required for collateral activities such as food service and the use of structures and equipment which present a demonstrable risk or hazard.
B. 
For a spontaneous event, or otherwise upon demonstration that the enforcement of the advance notice requirement or the deadline for decision would unreasonably restrict the right of free expression, the City Manager shall waive or reduce the time prescribed for advance notice of an event and impose only such provisions as will not unreasonably restrict the element of timeliness of the expressive activity.
[Ord. No. 10-03, 3-9-2010]
A. 
The City Manager may revoke or suspend any permit previously granted by him:
(1) 
For violation of any provisions of this section or of any condition of the permit;
(2) 
For any material misrepresentation, intentional or otherwise, made in connection with the application;
(3) 
When weather conditions render the subject activity unsafe; and
(4) 
When otherwise required in the interest of public health, safety and welfare or environmental considerations.
B. 
In the event a permit is revoked or suspended, the City Manager shall notify the responsible person as identified on the application, and then the permittee shall immediately discontinue, or cause to be discontinued, the special event for which the permit was granted, but shall thereafter be entitled to a hearing concerning the revocation or suspension decision and for prompt judicial review as provided above. The City shall not be liable for any damages, claims, costs, or expenses incurred by the event sponsor as a result of the revocation or suspension of a permit.
[Ord. No. 10-03, 3-9-2010]
A. 
No person shall (i) physically interfere with persons in attendance in the use of the public street or sidewalk, (ii) direct profane, indecent, abusive, or threatening language to or at a person in attendance which would tend to provoke the average person to an immediate breach of the peace, (iii) advocate the use of force or of law violation likely to incite or produce such action, or (iv) actually hamper, obstruct, impede, or disrupt any special event or any person, vehicle or animal participating or used in a special event for which a permit has been issued by the City Manager. A person violating this provision shall be guilty of a Class 4 misdemeanor.
[Amended 2-12-2019 by Ord. No. 19-03]
B. 
No driver of a motor vehicle shall drive between the vehicles, persons or animals comprising a parade, demonstration or assembly except when otherwise directed by a police officer or special event official. This prohibition shall not apply to authorized emergency vehicles. Any person violating this subsection shall be guilty of a traffic infraction and punished by a fine of $100.
C. 
The Chief of Police or his designee shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along the public streets or public rights-of-way which constitute a part of the route of a parade, demonstration, assembly or special event. The Director of Public Works, or his designee, shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. The Chief of Police may enforce this prohibition through the towing of illegally parked vehicles pursuant to the provisions of City Code § 58-261 et seq. No person shall be liable for parking on a street unposted in violation of this section.
[Ord. No. 14-04, 1-28-2014]
A. 
That notwithstanding any other provision of law, including its Charter, or any other ordinance or resolution, the City of Fredericksburg hereby adopts the public rights-of-way use fee provided for in Code of Virginia, § 56-468.1. The collection and remittance of said fee by certificated providers of local telephone exchange service within the City shall commence as of October 1, 2006, in accordance with the provisions of Code of Virginia, §§ 56-468.1 and 58.1-3812.
B. 
That the terms used in this section shall have the same meaning as those used in Code of Virginia, § 56-468.1.
C. 
That the public rights-of-way use fee imposed by this section applies only to those fees provided for by Code of Virginia, § 56-468.1 as of October 1, 2006, and, as except as may be provided in Code of Virginia, §§ 56-458, 56-462, 56-468.1, and 56-468.2, any and all other obligations, duties, or agreements of or by certificated providers of telecommunications services existing under franchises, licenses, ordinances, resolutions, agreements, Code sections, or other forms of consent shall remain in full force and effect.
D. 
That on and after the effective date of this section, for new installations, certificated providers of local exchange telephone service will be able to receive reimbursement for eligible relocation costs incurred at the direction of the City in accordance with the provisions of Code of Virginia, § 56-468.2.
E. 
The effective date of this section shall be October 1, 2006.
[Added 12-13-2016 by Ord. No. 16-27; 10-22-2019 by Ord. No. 19-33]
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:
INTERSECTION
Shall have the same meaning as in Code of Virginia, § 46.2-100.
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.
TRAFFIC LIGHT
A traffic control signal, intersection control beacon, or beacon as defined by the Federal Highway Administration's Manual on Uniform Traffic Control Devices.
C. 
No person shall stand, sit, or lay in the public roadway, public roadway median, or public roadway shoulder:
(1) 
Where the roadway has four or more travel lanes, including when those lanes are divided by a median; or
(2) 
Where the roadway has a posted speed limit of 35 miles per hour or greater; or
(3) 
Within 75 feet of any intersection that has a posted speed limit of 35 miles per hour or greater on one of the intersecting roadways; or
(4) 
Within 75 feet of any intersection that is controlled by a traffic light.
D. 
The prohibition in § 66-56C does not apply to:
(1) 
Pedestrians legally crossing the street;
(2) 
Emergency personnel and City, state, and federal employees and contractors when performing within the course of their duties;
(3) 
Activities within the scope of a special event permit approved under Chapter 66, Article II, of the City Code.
(4) 
Emergency situations.
E. 
Penalties. Violation of this section shall constitute a misdemeanor punishable by 10 hours of community service. Any person convicted of a third or subsequent violation of this article is guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $250 or more than $2,500, either or both. In lieu of the imposition of a fine and confinement in jail for a third or subsequent offense, the court may order the defendant to perform a mandatory minimum of 20 hours of community service.