[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.
