[HISTORY: Adopted by the Board of Supervisors of the County of Rappahannock 1-5-2004. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- POLICE OFFICER
- Refers to the Sheriff of Rappahannock County or any of his deputies.
Pursuant to the authority of Virginia Code § 46.2-1313, as amended, all of the provisions and requirements of the laws of the commonwealth contained in Code of Virginia Title 46.2; Article 9 of Chapter 11 of Title 16.1; and Article 2 of Chapter 7 of Title 18.2, as in force on January 5, 2004, and as amended after that date, except those provisions and requirements the violation of (which constitutes a felony,) and except those provisions and requirements which by their very nature cannot have application to or within the County, are hereby adopted and incorporated in this chapter by reference and made applicable within the County of Rappahannock. References to “highways” contained in such provisions and requirements hereby adopted shall be deemed to refer to all state primary and secondary highways, as well as to all property designated a “highway” by § 162-3 of this chapter. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person to violate or fail, neglect or refuse to comply, with any provision of Title 46.2, Article 9 of Chapter 11 of Title 16.1, or Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia which is adopted by this section; provided that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the law of Virginia.
In the enforcement of any provision of state law incorporated by reference into this chapter, police officers shall, on issuing a warrant or summons, charge the violator with the appropriate numbered section of the Code of Virginia, with the letter “R” as a prefix to such number, to indicate that the violation being charged is a County, and not a state law violation.
Authority: Code of Virginia §§ 46.2-1313 and 1-220.
Pursuant to §§ 46.2-100 and 46.2-1307 of the Code of Virginia, the County of Rappahannock, Virginia, hereby designates the entire width between the boundary lines of the following private roads or private streets to be highways for law enforcement purposes.
All roads and streets, including parking areas which may be used for vehicular travel, on property owned by the Rappahannock County School Board, and open to the public shall be deemed to be highways for law enforcement purposes.
The term “highway” as used in this chapter shall have the meaning stated in § 46.2-100 of the Code of Virginia, and shall additionally include all roads, streets and parking areas made highways by this section, all of which shall be subject to the provisions of state law incorporated by reference in § 162-2 as well as to the provisions of this chapter.
It shall be a traffic infraction for any person to park or stop a vehicle on a highway, except at the direction of a police officer or traffic control device, in any of the following locations:
On any sidewalk;
In or in front of any driveway so as to block the use of such driveway to others;
Abreast of another vehicle parallel to a curb (double parking);
Within any zone indicated by official signs, or by official marks upon the road or curb, as a “no-parking zone”;
At any location for a longer time than is permissible by official signs (overtime parking);
Upon any bridge;
So as to impede traffic.
It shall be a traffic infraction for any person to park or permit to be parked any motor vehicle, trailer or semitrailer on any highway unless:
The vehicle is currently inspected and approved in accordance with the provisions on the laws of Virginia;
The vehicle is currently registered and licensed to be operated upon the highways of Virginia in accordance with the provisions of the laws of Virginia and valid state license plates shall be visibly displayed;
It shall be a traffic infraction for a vehicle not displaying disabled parking license plates, an organization removable windshield placard, a permanent removable windshield placard, or a temporary removable windshield placard issued under Virginia Code § 46.2-1241, or DV disabled parking license plates issued under Virginia Code § 46.2-739B, to park in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such a disability in the vehicle. Any person violating this section may be issued a summons without the necessity of a warrant being obtained by the owner of any privately owned parking area. No violation of this section shall be dismissed for a property owner’s failure to comply strictly with the requirements for disabled parking signs set forth in Virginia Code § 36-99.11, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk.
Police officers shall post a written notice of violation (parking ticket) on the windshield of each vehicle found illegally parked. Such notice of violation shall state that the recipient of the notice may elect to either waive his or her right to trial; or request to be tried in the General District Court.
Persons desiring to waive trial may do so by remitting to the Clerk of the Circuit Court of Rappahannock County the amount of the fine stipulated for each violation marked on the notice. Such fines shall be levied in accordance with the schedule set forth in the schedule of fines below. If the required amount is not received in the office of the Clerk of the Circuit Court or mailed and postmarked within 15 days after the notice of violation is issued, the amount of the applicable fine shall be doubled.
Whenever the fines are paid by mail, the responsibility for receipt of the payment by the Clerk of the Circuit Court shall lie with the registered owner of the vehicle parked in violation of this chapter. Payment may be made by personal check, provided that if such check is returned for insufficient funds, the vehicle owner shall remain liable for the parking violations and shall likewise be subject to a service charge of $25 for processing the returned check.
Any recipient of a notice of violation desiring to contest the charges cited in the notice shall appear within 15 days of its issuance at the Office of the Clerk of the Circuit Court of Rappahannock County, and on the form provided file a written request for a court hearing.
The schedule of fines shall be as follows:
A summons to appear in General District Court shall be issued to any vehicle owner who fails to respond to a notice of violation either by paying the stipulated fines, or by filing a request for hearing with the Clerk of the Circuit Court within 15 days of issuance of the notice of violation, provided, before any such summons shall issue, the provisions of Virginia Code § 46.2-941 shall be met.
In any prosecution for a violation of any provision of this chapter, proof that the vehicle described in the notice of violation or summons was in violation of such provision, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute a rebuttable presumption that such registered owner was the person who committed the violation. The identity of the registered owner of the vehicle involved may be shown by any official record maintained by the Department of Motor Vehicles and provided under § 46.2-215 of the Code of Virginia, including the certificate referred to by § 46.2-213 of the Code of Virginia; or, by the Treasurer or Commissioner of Revenue of Rappahannock County, or by a copy or printout of such record if certified by the Treasurer or Commissioner of Revenue, respectively, as being a true copy of a record maintained by them.
Authority: Code of Virginia § 46.2-1220.
The County Administrator is authorized to designate specific areas on County-owned property to be restricted parking zones. The County Administrator shall designate the types of motor vehicles which may be permitted to park in the restricted zones and the time, place and manner in which such vehicles may be permitted to park in the restricted parking zones. The County Administrator shall make such rules and regulations as parking conditions may require in the restricted parking zones and under the varying conditions that may exist at different times.
It shall be the duty of the County Administrator, upon the adoption of such regulations, but before the same shall become effective, to give public notice thereof by establishing and posting signs or by other means which may be reasonably adequate to readily inform the operators of vehicles in restricted parking zones of the existence, nature and requirements of such regulations.
It shall be unlawful for any person to park a motor vehicle in a manner which violates the provisions of any rule or regulation restricting the parking of motor vehicles on County-owned property adopted and promulgated in accordance with this section and a notice of violation may be issued for such violation in accordance with § 162-4, and the fine shall be that shown for “Parking where prohibited.”
Authority: Code of Virginia §§ 46.2-1220 and 46.2-1300.
Any vehicle parked or stopped on any highway or public property against which there are three or more unpaid or unsettled parking violation notices may be removed or immobilized by police officers. Such immobilization shall be in a manner which will prevent the removal or operation of the vehicle except by authorized law enforcement personnel.
The police officer shall, as soon as possible after the vehicle has been removed or immobilized, notify the owner of such vehicle of the nature and circumstances of the prior unsettled or unpaid parking violation notices. The police officer shall place on any immobilized vehicle, in a conspicuous manner, a notice warning that the vehicle has been immobilized and attempts to move the vehicle could damage it.
The owner of an immobilized vehicle, or the owner's agent, has 48 hours from the time the vehicle was immobilized to secure the release of the vehicle. After that time, police officers may remove the vehicle to a storage facility.
The owner of the immobilized or stored vehicle, or his/her agent, may obtain possession of the vehicle by payment of all outstanding parking violation notices pertaining to the vehicle, plus court costs, costs associated with the immobilization, removal and storage of the vehicle and efforts to locate the owner.
Should the owner fail or refuse to pay all such fines and costs, or should the identity of the owner be unknown and unascertainable, the vehicle shall be sold in accordance with Code of Virginia § 46.2-1213.
Any person found to be in violation of a provision of state law incorporated into this chapter by reference in § 162-2 shall be punished as provided by state law.
Every person convicted of a violation of any of the provisions of this chapter, or any rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall be guilty of a traffic infraction, punishable as a Class 4 misdemeanor.
Authority: Code of Virginia § 46.2-113.