[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.
[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]
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.
The person, business, or organization responsible for the
event.
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.
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.
The public motor vehicle travel way.
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]
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.
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.
INTERSECTION
MOTOR VEHICLE
ROADWAY
ROADWAY MEDIAN
ROADWAY SHOULDER
TRAFFIC LIGHT
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
Shall have the same meaning as in Code of Virginia, § 46.2-100.
Shall have the same meaning as in Code of Virginia, § 46.2
100.
That portion of a highway improved, designed, or ordinarily
used for vehicular travel.
A physical barrier or barriers or unpaved area that divides
two or more roadways.
That part of a roadway between the portion regularly traveled
by vehicular traffic and the lateral curbline or ditch.
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.
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.
