[1]
Editor's Note: For statutory provisions relating to the authority of the City to regulate the operation and parking of vehicles, see Code of Virginia, §§ 46.2-1300 to 46.2-1313. For provisions dealing with the authority of the City to designate limited access streets, see Code of Virginia, § 15.2-2026. For statutory provisions dealing with vehicles and traffic in general, see Code of Virginia, Title 46.2.
The provisions of this chapter shall be known as the "Traffic Code of the City of Colonial Heights" and may be so cited. This chapter may also be cited simply as the "Traffic Ordinance."
[Amended 7-10-1990 by Ord. No. 90-15; 5-14-1991 by Ord. No. 91-14; 6-9-1992 by Ord. No. 92-20; 6-8-1993 by Ord. No. 93-21; 6-14-1994 by Ord. No. 94-15; 7-11-1995 by Ord. No. 95-15; 6-11-1996 by Ord. No. 96-17; 6-10-1997 by Ord. No. 97-13; 6-9-1998 by Ord. No. 98-17; 6-8-1999 by Ord. No. 99-14; 6-13-2000 by Ord. No. 00-12; 6-12-2001 by Ord. No. 01-15; 6-11-2002 by Ord. No. 02-19; 6-10-2003 by Ord. No. 03-17; 6-8-2004 by Ord. No. 04-11; 6-14-2005 by Ord. No. 05-13; 6-20-2006 by Ord. No. 06-20; 6-12-2007 by Ord. No. 07-17; 6-10-2008 by Ord. No. 08-17; 6-9-2009 by Ord. No. 09-15; 7-13-2010 by Ord. No. 10-21[1]]
A. 
Pursuant to the authority granted in § 46.2-1313 of the Code of Virginia (1950), as amended, all of the provisions and requirements of the laws of the Commonwealth contained in Title 46.2, in Article 9 of Chapter 11 of Title 16.1 and in Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, as amended, including, with the same effective date, those provisions enacted prior to the adoption of this section but of subsequent effective date; excepting, however, those provisions and requirements the violation of which constitutes a felony, and excepting those provisions and requirements which by their very nature can have no application to or within the City; are hereby adopted and incorporated in this chapter by reference and made applicable within the City. References to "highways of the state" contained in the provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the City, and the provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the City. Said 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 within the City to violate or fail, neglect or refuse to comply with the provisions of Title 46.2, or of Article 9 of Chapter 11 of Title 16.1, or of Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, which are adopted by this section, provided that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted differ from the penalty imposed for a similar offense by the Code of Virginia.
B. 
Pursuant to § 1-220 of the Code of Virginia (1950), as amended, this ordinance shall include all future amendments to the state statutes herein incorporated by reference.
[1]
Editor's Note: This ordinance also repealed Ord. No. 09-15 but provided that such repeal shall not apply to offenses committed prior to the effective date of Ord. No. 10-21 and that prosecutions for such offenses shall be governed by the prior law..
[Added 12-11-2001 by Ord. No. 01-23; amended 9-13-2005 by Ord. No. 05-16; 4-13-2010 by Ord. No. 10-4]
A. 
A person convicted of violating any of the following provisions shall be liable for restitution at the time of sentencing for reasonable expenses incurred by the City, including by the Sheriff's office of the City or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to such violation. Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000 in the aggregate for a particular accident or incident occurring in the City:
(1) 
The provisions of Code of Virginia §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02, or 46.2-341.24, as amended, or a similar City ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident;
(2) 
The provisions of Code of Virginia Title 46.2, Chapter 8, Article 7 (§§ 46.2-852 et seq.), as amended, relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident;
(3) 
The provisions of Code of Virginia Title 46.2, Chapter 3, Article 1 (§§ 46.2-300 et seq.), as amended, relating to driving without a license or driving with a suspended or revoked license; and
(4) 
The provisions of Code of Virginia § 46.2-894, as amended, relating to improperly leaving the scene of an accident.
B. 
In determining "reasonable expenses", the City may bill a flat fee of $250 or a minute-by-minute accounting of the actual costs incurred. As used in this section "appropriate emergency response" includes all costs of providing law-enforcement, fire-fighting, rescue, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the City for responding law enforcement, fire-fighting, rescue and emergency medical services.
C. 
The Police Department, and Sheriff's office, and Fire and EMS Department shall compile a report of the reasonable expenses of the appropriate emergency response for each accident or incident and forward that information to the Commonwealth Attorney's Office to seek restitution.
[Added 8-13-2019 by Ord. No. 19-16]
A. 
Pursuant to § 17.1-279.1 of the Code of Virginia, a local fee of $5 shall be assessed in each traffic or criminal case in the Colonial Heights district and circuit courts in which a defendant is assessed costs for violating any statute or ordinance. The clerk of the court in which such a case is filed shall collect the $5 fee and remit the fee to the City Director of Finance, who shall hold it subject to City Council's disbursement to the City Police Department solely to fund hardware, software, and associated equipment costs for the implementation and maintenance of an electronic summons system.
B. 
The fee this section imposes shall be in addition to all other court costs specified by law; but the fee shall not be assessed in any case in which the Commonwealth of Virginia, the City of Colonial Heights, or the federal government is the defendant.
The City Manager shall have general supervision and control of the management and direction of all vehicular and pedestrian traffic and of the parking and routing of vehicles in the interest of the public safety, comfort and convenience not inconsistent with the provisions of the Code of Virginia, Title 46.2. He may, with the approval of the City Council, cause appropriate signs and other authorized traffic control signals, markings and devices to be erected, installed and maintained designating school, hospital and safety zones, railway crossings, through streets, through stops, truck routes and streets prohibited for use by certain types of vehicles, one-way streets, turns at intersections, traffic lanes and such other signs and authorized traffic control devices as may be necessary to carry out the provisions of this chapter. He shall have the power to regulate traffic by means of traffic officers or semaphores or other signaling devices on any portion of the highway where traffic is heavy or continuous, or where in his judgment conditions may require, and may prohibit other than one-way traffic upon certain highways and may regulate the use of the highways by processions and assemblages. He may adopt any such regulations not inconsistent with the provisions of this chapter as he shall deem advisable and necessary and repeal, amend or modify any such regulation provided that such regulations, laws or rules shall not be deemed to be violated if, at the time of the alleged violation, any sign or designation required under the terms of this chapter is missing, effaced, mutilated or defaced so that any ordinarily observant person under the same circumstances would not be appraised of or aware of the existence of such rule, and it shall be unlawful for any person to violate or fail to comply with the notice or directive given by any such traffic control sign, signal, marking or other authorized device.
[1]
Editor's Note: For statutory provisions relating to the authority of the City to enact ordinances requiring pedestrians to obey traffic signs and signals, subject to a fine for violation, see Code of Virginia, § 46.2-935.
[1]
Editor's Note: Former § 273-4, Fire lanes on private property devoted to public use, was repealed 8-14-2007 by Ord. No. 07-18.
[Added 4-11-1989 by Ord. No. 89-14]
Pursuant to the authority granted in § 46.2-1219 of the Code of Virginia, as amended, and to the fullest extent permitted thereby, all of the provisions and requirements of this chapter, including but not limited to those provisions and requirements of the laws of the Commonwealth adopted and incorporated in said Code by reference, are hereby made applicable upon all parking lots in the City open to the public and designed to accommodate 50 or more vehicles, whether said parking lots are publicly or privately owned; and for the purpose of regulating the flow of vehicular and pedestrian traffic, the parking of vehicles and speed, such lots shall be treated as if part of the City system of streets, highways and public places. It shall be unlawful for any person within the City to violate or fail, neglect or refuse to comply with said provisions of law.
All traffic control signs, signals, markings and other traffic control devices, including those which relate to the parking of vehicles, heretofore installed by authority of the City Council or the City Manager and which are in place on the effective date of this Code shall be deemed to be official traffic control devices until such time as they may be removed by authority of the City Council, and until they are so removed it shall be unlawful for any person to violate or fail to comply with any notice or directive indicated by any such official traffic control device.
A. 
Signals by lights or semaphores shall be as follows:
(1) 
Red indicates that traffic when moving shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a lighted green arrow; provided. however, that a legal right turn on a red signal may be made after coming to a full stop, provided that a sign indicating that such right turn is permissible is placed at the intersection. Such turning traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection.
(2) 
Green indicates the traffic shall then move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection.
(3) 
Amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but that which has already entered the intersection shall continue to move until the intersection has been entirely cleared. The amber signal is a warning that the red signal is imminent.
(4) 
The use of flashing red indicates that traffic shall stop before entering an intersection, and the use of a flashing amber indicates that traffic may proceed through the intersection or past such signal with reasonable care under the circumstances.
B. 
Officers of the law and uniformed school crossing guards may assume control of traffic otherwise controlled by lights or semaphores, and in such event signals by such officers and uniformed crossing guards shall take precedence over such lights or semaphores.
Pedestrians shall obey signs and signals erected on highways or streets for the direction and control of travel and traffic, and they shall obey the orders of police officers engaged in directing-travel and traffic on the highways and streets. Violations of this section shall be punished by a fine not exceeding $5 for each offense.
[1]
Editor's Note: For statutory provisions relating to the authority of the City to enact provisions similar to those of this section, see Code of Virginia, § 46.2-935.
A. 
Members of the Fire Department may direct or assist the police in directing traffic at or in the immediate vicinity of a fire and, while so acting, shall have all the authority of peace officers.
B. 
Members of rescue squads, the vehicles of which are included within the provisions of the Code of Virginia, § 46.2-920, may direct or assist the police in directing traffic at or in the immediate vicinity of an accident and, while so acting, shall have all the authority of police officers.
[1]
Editor's Note: For statutory provisions relating to the authority of the City to adopt ordinances relative to powers and duties of fire companies, etc., see Code of Virginia, § 27-14.
A. 
The use of motor trucks exceeding an actual empty weight of 5,000 pounds in an eastern or western direction on East Westover Avenue between the Boulevard (U.S. Highway No. 1) and Conduit Road, except for the purpose of receiving loads or making deliveries, is hereby prohibited, and such motor trucks having no destination on East Westover Avenue between the Boulevard (U.S. Highway No. 1) and Conduit Road shall not be operated or used to travel in an eastern or western direction on East Westover Avenue between the Boulevard (U.S. Highway No. 1) and Conduit Road, except for the purposes herein provided.
B. 
The use of motor trucks exceeding an actual empty weight of 5,000 pounds in an eastern or western direction on Lynchburg Avenue between the Boulevard (U.S. Highway No. 1) and Conduit Road, except for the purpose of receiving loads or making deliveries, is hereby prohibited, and such motor trucks having no destination on Lynchburg Avenue between the Boulevard (U.S. Highway No. 1) and Conduit Road shall not be operated or used to travel in an eastern or western direction on Lynchburg Avenue between the Boulevard (U.S. Highway No. 1) and Conduit Road, except for the purposes herein provided.
A. 
No operator of a vehicle shall drive between the vehicles, persons or animals comprising a funeral or other authorized procession, except when otherwise directed by a police officer. This provision shall not apply to authorized emergency vehicles as defined in § 46.2-920 of the Code of Virginia.
B. 
Each driver in a funeral procession shall drive as near to the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as closely as is practicable and safe.
A. 
All motor vehicles participating in a funeral procession, when proceeding to a place of burial, shall display illuminated headlamps thereon and such other identification, if any, as the Chief of Police may prescribe.
B. 
All motor vehicles so designated shall have the right-of-way over all other vehicles, except authorized emergency vehicles as defined in § 46.2-920 of the Code of Virginia, at any street or highway intersection within the City and may proceed through a stop street or signalized intersection with proper caution and safety.
No person shall board or alight from any vehicle while such vehicle is in motion.
No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise.
A. 
No person shall operate a motor vehicle which shall be so loaded, or the load on which shall be so insecurely attached or not attached, as to cause excessive and unnecessary noise.
B. 
The use in, upon or attached to any motor vehicle operating on any street of the city, except in accordance with a permit issued by the City Manager, of any radio, phonograph, musical instrument, bell, whistle, loudspeaker, amplifier or device of any kind whatsoever whereby sound therefrom is cast upon any street to promote or advertise the sale of goods, wares or merchandise or for the purpose of advertising auction sales, sporting events or other business or things advertised thereby is prohibited. The provisions of this subsection shall not apply to motor vehicles driven in a duly authorized parade, provided further that the use of a loudspeaker on a motor vehicle for making auction sales in streets directly in front of the property then being sold and entirely outside of the business districts of the City shall not be construed as a violation of this subsection when such use is limited strictly to the selling at auction of such property.
C. 
It shall be unlawful for any person in operating a motorcycle within the City to create in the operation thereof any unreasonably loud, disturbing or unnecessary noise. In operating a motorcycle, the following acts, among others, are declared to create loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:
(1) 
The use of a motorcycle so out of repair as to cause thereby loud and unnecessary grating, grinding, rattling or any of such noises, or any other unnecessary noise.
(2) 
The practice of unnecessarily racing the motor of a motorcycle while standing or moving, thereby causing unnecessary noise from such motor.
(3) 
The practice of unnecessarily retarding the spark to the motor and thereby causing unnecessary, loud and explosive noise from the motor.
(4) 
In starting a motorcycle off from a standing position, the practice of gaining speed unnecessarily quickly and thereby causing unnecessary and loud noise from the motor.
(5) 
The practice of coming to an unreasonably quick stop with a motorcycle and thereby causing unnecessary grinding of brakes and screeching of tires, or either of such noises.
[1]
Editor's Note: For statutory provisions prohibiting muffler cutouts, see Code of Virginia, § 46.2-1047.
It shall be unlawful for the operator of any truck, trailer or other vehicle equipped with a tailgate to lower or open the tailgate thereon or to suffer or permit such tailgate to be lowered or opened except during the time the vehicle is being loaded or unloaded and except during the time the load on the vehicle necessitates a lowered or opened tailgate as a support for the load. It shall be the duty of the operator of any such vehicle to see that the tailgate on such vehicle is kept closed or raised, except during the times specified in this section. Any person who shall violate the provisions of this section shall be punished by a fine of not less than $5 nor more than $20 for each offense.
The operator of any vehicle in the City shall not back such vehicle unless such movement can be made with safety and without interfering with other traffic.
No operator of a vehicle shall enter an intersection or a marked crosswalk unless there is sufficient space beyond such intersection or crosswalk in the direction in which such vehicle is proceeding to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
[Amended 7-10-1990 by Ord. No. 90-20; 9-13-2011 by Ord. No. 11-18]
A. 
The following acts are prohibited:
(1) 
The distribution of handbills, leaflets, bulletins, literature, advertisements, or similar material to the occupants of motor vehicles on highways or on public roadways and medians within the City;
(2) 
The solicitation of contributions of any nature from the occupants of motor vehicles on highways or on public roadways and medians within the City; and
(3) 
The sale of merchandise or services or the attempted sale of merchandise or services to the occupants of motor vehicles on highways or on public roadways and medians within the City.
Use of any City street or portion thereof within the terms of a permit issued pursuant to Chapter 213, Parades and Demonstrations, of this Code shall not constitute a violation of this section.
B. 
Any person violating any of the provisions of this section shall be guilty of a traffic infraction.
Whenever a motor vehicle, trailer or semitrailer involved in an accident is found upon the highways or streets in the City and is so located as to impede the orderly flow of traffic, the police may, at no cost to the owner or operator, remove such motor vehicle, trailer or semitrailer from the highways or streets to some point in the vicinity where such motor vehicle, trailer or semitrailer will not impede the flow of traffic.
[1]
Editor's Note: For statutory provisions relating to the authority of the City to provide by ordinance for the removal and disposition of vehicles involved in accidents, see Code of Virginia, § 46.2-1212.
[Added 8-11-1998 by Ord. No. 98-18]
Every person operating a moped, as defined in § 46.2-100 of the Code of Virginia (1950), as amended, on a public street or highway shall wear a face shield, safety glasses or goggles of a type approved by the Superintendent of State Police, or have his moped equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets of a type approved by the Superintendent. Any person who knowingly violates this section shall be guilty of a traffic infraction and be subject to a fine of not more than $50.
[Amended 6-8-1993 by Ord. No. 93-21; 8-11-1998 by Ord. No. 98-18]
Unless otherwise provided, any person, firm or corporation who shall violate any of the provisions of this chapter shall be punished as provided in § 1-3 of this Code or in the Code of Virginia, as applicable.
[1]
Editor's Note: For statutory provisions prohibiting cities and towns from imposing a penalty for violation of a traffic ordinance in excess of that imposed for a similar offense by the state, see Code of Virginia, § 46.2-1300; as to the penalty for violation of motor vehicle and traffic regulations generally, see Code of Virginia, § 46.2-113; as to costs upon conviction of an offense required to be reported to the Division of Motor Vehicles, see Code of Virginia, Art. 9 of Title 46.2, and as to the Virginia Habitual Offender Act, see Code of Virginia, §§ 46.2-351 to 46.2-363.