[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:
A vertical elevation at the lateral line of a roadway.
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.
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.
That portion of a street which is graded for drainage.
Any of these items which do not conform to City specifications
because of materials, dimensions, location, or objects or appurtenances
contained in them.
An area within the public right-of-way intended to convey
pedestrian traffic parallel to such right-of-way.
That portion of a street intended for vehicular traffic.
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.
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]
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
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.
[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.
MOTOR VEHICLE
ROADWAY
ROADWAY MEDIAN
ROADWAY SHOULDER
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.
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.
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.
