[HISTORY: Adopted by the Town Council of
the Town of Louisa 12-18-2007. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Every motor vehicle, which was actually manufactured or designated
by the manufacturer as a model manufactured in a calendar year not
less than 25 years prior to January 1 of each calendar year and is
owned solely as a collector's item by the collector, so long as the
vehicle is registered and licensed and is in operating condition.
Any vehicle, or portion thereof:
Which is not in operating condition; or
For a period of 60 days or longer has been partially
or totally disassembled by the removal of tires and wheels, the engine,
or other parts essential and required for the operation of the vehicle;
or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
For which there are displayed neither valid
license plates nor a valid inspection decal.
This term shall not include antique motor vehicles,
or vehicles used in agricultural or horticultural use as provided
for in § 46.2-665 of the Code of Virginia.
Any motor vehicle, trailer or semitrailer, or any part thereof
as defined in § 46.2-100 of the Code of Virginia, as amended,
that is self-propelled or designed for self-propulsion. Provided,
however, for the purposes of this chapter, any device defined in § 46.2-100
of the Code of Virginia as a bicycle, electric personal assistive
mobility device, electric power-assisted bicycle, or moped shall be
deemed not to be a motor vehicle.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Not visible by someone standing at ground level from outside
of the property on which the vehicle is located.
A.
It shall be unlawful to store inoperative vehicles
on any property zoned agricultural, residential, or commercial unless
such vehicle is within a fully enclosed building or structure, or
otherwise shielded or screened from view. No more than three inoperative
vehicles which are not within an enclosed building or structure may
be stored on property, otherwise shielded or screened from view. No
inoperative vehicle so shielded or screened shall be visible from
a public right-of-way.
B.
In addition to the provisions of Subsection A, if the owner of such vehicle can demonstrate that he or she is actively restoring or repairing the vehicle(s), and if it is shielded or screened from view, the vehicle(s) and one additional inoperative motor vehicle that is shielded or screened and being used for the restoration or repair may remain on the property. No such vehicle so shielded or screened shall be visible from a public right-of-way.
C.
The provisions of this section shall not apply to
any vehicle repair or recycling business lawfully established before
or after the adoption of this chapter.
D.
The provisions of this section shall not apply to
a licensed business which on June 26, 1970, was regularly engaged
in business as an automobile dealer, salvage dealer or scrap processor.
A.
Property owners, permit applicants, and/or establishment
owners/managers, as applicable, shall be notified in writing of violations
of the provisions of this chapter. The Town Manager or his or her
designee shall, in the notice of violation, state the nature of the
violation, the date that it was observed, and the remedy or remedies
necessary to correct the violation. The Town Manager or his or her
designee may establish a reasonable time period for the correction
of the violation; however, in no case shall such time period exceed
15 days from the date of written notification.
B.
If the violation is not corrected within the time
period specified in the first notification, a second written notice
shall be sent. The second notification shall request compliance with
these provisions within a period not to exceed seven days.
The Town Manager or his or her designee is authorized
to bring legal action, including injunction, abatement, or other appropriate
action or proceeding. This remedy is in addition to, and not in lieu
of, any other remedy available to the Manager.
A.
The penalty for any one violation shall be a civil
penalty of not more than $200 for the initial summons and not more
than $500 for each additional summons. Each day during which the violation
is found to have existed shall constitute a separate offense. However,
specified violations arising from the same operative set of facts
shall not be charged more frequently than once in any ten-day period,
and a series of specified violations arising from the same operative
set of facts shall not result in civil penalties which exceed a total
of $5,000. The Town Manager or his deputy may issue a civil summons
as provided by law for a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Any person summonsed or issued a citation for a violation
hereof may make an appearance in person or in writing by mail to the
Treasurer of the Town prior to the date fixed for trial in court.
Any person so appearing may enter a waiver of trial, admit liability,
and pay the civil penalty established for the offense charged. Such
persons shall be informed of their right to stand trial and that a
signature to an admission of liability will have the same force and
effect as a judgment of court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
If a person charged with a violation does not elect
to enter a waiver of trial and admit liability, the violation shall
be tried in the general district court in the same manner and with
the same right of appeal as provided for by law. In any trial for
a violation authorized by this section, it shall be the burden of
the locality to show the liability of the violator by a preponderance
of the evidence. An admission of liability or finding of liability
shall not be a criminal conviction for any purpose.
Violations of this chapter shall be a Class
3 misdemeanor in the event three civil penalties have previously been
imposed on the same defendant for the same or similar violation, not
arising from the same set of operative facts, within a twenty-four-month
period. Where such violation is a Class 3 misdemeanor as herein provided,
the same shall preclude imposition of civil penalties for the same
violation.
