City of Colonial Heights, VA
County
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Table of Contents
Table of Contents
[1]
Editor's Note: For statutory provisions relating to the authority of the City Council to enact ordinances to regulate the parking of vehicles generally, see Code of Virginia, § 46.2-1219; as to the authority to prohibit parking on designated highways, see Code of Virginia, § 46.2-1308; and as to local parking regulations generally and the presumption arising when a vehicle is unlawfully parked, see Code of Virginia, § 46.2-1220.

§ 273-22 Promulgation of parking regulations; signs; compliance required.

A. 
The City Manager is hereby authorized and directed to determine and define street areas within which the volume of vehicular traffic is such as to require prohibitions or restrictions upon parking of vehicles; to classify vehicles with reference to parking; to designate the time, place and manner in which such vehicles may be allowed to park upon the highways; to make such rules and regulations as traffic conditions may require in various areas and under the varying conditions which may prevail at different times.
B. 
It shall be the duty of the City Manager, upon the promulgation of such regulations and before they shall become effective, to give public notice thereof by establishing and posting signs, or otherwise, as may be reasonably adequate to make clear to the operators of vehicles in the areas affected thereby of the existence, nature and requirements of such regulations. From and after the effective date of regulations imposed in any area by virtue of the provisions of this chapter, it shall be unlawful for any person to stop or park any vehicle in any restricted or prohibited area otherwise than in accordance with such regulations.

§ 273-23 Designation of restricted parking areas; posting of signs.

Notwithstanding any other provision of this chapter, the City Manager is hereby authorized, when in his judgment it is in the public interest so to do, to set apart on any of the streets of the City spaces for loading and unloading merchandise, bus stops, taxi stands and other places in which no general parking shall be permitted, and he is further authorized to set aside spaces in which parking time shall be further limited, provided that such signs are present within or near such spaces as to apprise an ordinarily observant person of such parking prohibitions or regulations. It shall be unlawful for any person to fail to comply with the requirements of such signs.

§ 273-24 Parking prohibited.

[Amended 8-10-1976 by Ord. No. 76-26; 12-13-1977 by Ord. No. 77-47; 3-11-1980 by Ord. No. 80-6; 4-9-1996 by Ord. No. 96-6]
A. 
No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:
(1) 
On a sidewalk.
(2) 
On a crosswalk.
(3) 
Within 20 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of the roadway.
(4) 
Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings.
(5) 
Within 15 feet of the nearest rail or a railroad grade crossing.
(6) 
Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.
(7) 
On the roadway side of any vehicle parked at the edge or curb of a street.
(8) 
Upon any bridge or other elevated structure upon a street or highway or within a tunnel.
(9) 
At any place where official signs prohibit parking.
(10) 
Except for vehicles displaying an "HP," "DAV" or disabled parking license plate, decal or placard and parked by a handicapped operator, on public or private property in spaces that are designated by above-grade signs as reserved for physically handicapped persons. However, a nonhandicapped operator may park in such spaces when transporting a person with a physical handicap in a vehicle displaying an "HP," "DAV" or disabled parking license place, decal or placard.
B. 
Parking or stopping any vehicle with the left side to the curb or side of the street shall be prohibited.
C. 
No person other than a police officer shall move a vehicle into any such prohibited area or away from a curb such a distance as it is unlawful; or start or cause to be started the motor of any motor vehicle; or shift, change or move the lever, brake, starting device, gears or other mechanism of a parked motor vehicle to a position other than that in which it was left by the driver thereof; or attempt to do so.

§ 273-25 Parking and stopping for certain purposes prohibited.

[Amended 1-10-1996 by Ord. No. 95-21]
A. 
Except as provided in Subsection C herein, it shall be unlawful for any person to park or place any automobile, truck, trailer or other vehicle upon or in any street, alley or parkway for the purpose of selling or offering it for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley or parkway of the City indicating that such vehicle is offered for sale or for rent. It shall also be unlawful to park any vehicle upon any street in a business district from which any merchandise is being sold.
B. 
It shall be unlawful to stop a vehicle at any time upon the street for the purpose of advertising any article of any kind or to display thereupon advertisements of any article or advertisement for the sale of the vehicle itself.
C. 
Notwithstanding the above, an owner or tenant of residential property at which he resides may park no more than one vehicle on the street in front of said residential property and place a "for sale" sign upon such vehicle for the purpose of offering it for sale. This subsection shall be applicable for all residential property within the city, unless parking has been otherwise prohibited pursuant to §§ 273-22 through 273-24 of this chapter.

§ 273-26 Washing or greasing vehicles on highway or sidewalk prohibited.

[Amended 9-30-1975 by Ord. No. 75-35]
No person shall wash, polish, grease or change the oil of a commercial vehicle upon a highway or sidewalk, nor shall the owner of a commercial vehicle permit it to be washed, polished or greased or permit the oil to be changed upon a highway or sidewalk. No person shall grease or change the oil of a privately owned vehicle upon a highway or sidewalk, nor shall the owner of a privately owned vehicle permit it to be greased or permit the oil to be changed upon a highway or sidewalk.[1]
[1]
Editor's Note: Original Sec. 22-48, entitled "Parking vehicle without state or City license on highway, alley or street," which immediately followed this section, was repealed 7-10-1990 by Ord. No. 90-19.

§ 273-27 Certain parking restricted in residential districts.

[Amended 9-9-1986 by Ord. No. 86-22; 10-14-1997 by Ord. No. 97-19]
A. 
No vehicle in excess of 7,500 pounds shall be parked or left standing in any street of the City in any residential district thereof between the hours of 6:00 p.m. and 7:00 a.m., provided that between the hours of 6:00 p.m. on any Saturday and 7:00 a.m. on the Monday following, such parking shall be prohibited at all times.
B. 
It shall be unlawful for any person to park or permit to be parked on any public street or right-of-way in a residential district of the city, any trailer, boat or camper, including utility trailers, boat trailers and camper trailers, whose overall length exceeds 21 feet, or whose overall width exceeds eight feet, or whose overall height exceeds nine feet. However, all vehicles and trailers shall be allowed at any time while actually engaged in loading or unloading.
  This section shall not apply to any public safety, public works or public utility vehicles while on duty and actively engaged in required job functions.
  Any trailer, boat or camper allowed to be parked on any public street or right-of-way in a residential district shall be properly attached to a motor vehicle suitable and capable of transporting such trailer, boat or camper.

§ 273-28 Angle parking.

Notwithstanding any other provision of this chapter, the City Manager may, when in his discretion the public interest so requires, provide for angle parking on any street or portion thereof, provided that such streets are marked so as to apprise an ordinarily observant person of the regulation.

§ 273-29 Backing up to curbs restricted.

No vehicle shall be backed up to a curb except during the time it is actually engaged in loading or unloading merchandise therefrom.

§ 273-30 Loading zones.

Where a loading and unloading zone has been set apart by the City Manager in accordance with applicable provisions of this chapter, the following regulations shall apply with respect to the use of such area:
A. 
No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a curb loading zone during hours when the provisions applicable to such zones are in effect. All delivery vehicles, other than regular delivery trucks, using such loading zones shall be identified by the owner's or company's name in letters three inches high on both sides of the vehicle.
B. 
The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of and while actually engaging in loading or unloading passengers or bundles when such stopping does not interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space.

§ 273-31 Bus stops and taxicab stands.

Where a bus stop or taxicab stand has been set apart by the City Manager in accordance with the applicable provisions of this chapter, no person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

§ 273-32 Removal of certain unattended vehicles; disposition.

[Amended 7-10-1990 by Ord. No. 90-19; 11-18-2008 by Ord. No. 08-25; 11-13-2012 by Ord. No. 12-26; 6-14-2016 by Ord. No. 16-20]
Whenever within the City any motor vehicle, trailer, semitrailer or part thereof is left unattended on a public street or highway or other public property and constitutes a hazard to traffic; or is parked in such manner as to be in violation of law; or is left unattended for more than 10 days upon any public property, or any private property other than the property of the owner of such motor vehicle, trailer, semitrailer or part thereof, without the permission of the owner, lessee or occupant thereof; or is immobilized on a public roadway by weather conditions or other emergency situations; any such motor vehicle, trailer, semitrailer or part thereof may be removed for safekeeping by or under the direction of a police officer to a storage garage or area, provided that no such vehicle shall be so removed from privately owned premises without the written request of the owner, lessee or occupant thereof, and the person at whose request such motor vehicle, trailer or semitrailer is removed from privately owned property shall indemnify the City against any loss or expense incurred by reason of removal, storage or sale thereof. Each removal shall be reported promptly to the Police Department, and notice thereof given to the owner of the motor vehicle, trailer, semitrailer or part thereof as promptly as possible. The owner of such vehicle or trailer, semitrailer or part thereof, before obtaining possession thereof, shall pay to the City all reasonable costs incidental to the removal, storage and locating the owner of the motor vehicle, trailer, semitrailer or part thereof. Should such owner fail or refuse to pay the cost or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search has been made and after notice to him at his last known address and to the holder of any lien of record in the office of the Division of Motor Vehicles of Virginia against the motor vehicle, trailer, semitrailer or part thereof, the Chief of Police may, after holding the motor vehicle, trailer, semitrailer or part thereof 60 days and after due notice of sale, dispose of the same at public sale, and the proceeds from the sale shall be forwarded by the selling officer to the Director of Finance of the City; provided that if the value of such motor vehicle, trailer, semitrailer or part thereof, as determined by a disinterested used motor vehicle, trailer, or semitrailer dealer or by a junk yard dealer, is less than the costs the City would incur from such advertising and public sale, it may be disposed of by private sale or transfer to a junk yard. The Director of Finance shall pay from the proceeds of the sale the cost of removal, storage, investigation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner and paid to the owner upon satisfactory proof of ownership.

§ 273-33 Contracts for removal of vehicles.

The City Manager shall have the power to enter into contracts with the owners or operators of garages or places for the removal or storage of vehicles referred to in the preceding section. The contracts shall provide for the payment by the City of reasonable charges for the removal and storage of such vehicles, shall require such owners or operators to deliver such vehicles to the owners thereof or their agents upon demand therefor upon furnishing satisfactory evidence of identity and ownership or agency and shall require that the owners or operators of such garages or places of storage will indemnify the owners of such vehicles for injury or damage thereto resulting from the negligent removal or storage thereof, and such owners or operators shall be required to provide themselves with adequate liability insurance to cover such indemnity.

§ 273-34 Sale of personal property found in removed vehicles. [1]

Any personal property found in any unattended or abandoned motor vehicle, trailer or semitrailer may be sold incident to the sale of any such vehicle as authorized in § 273-32.
[1]
Editor's Note: For statutory provisions relating to authority of the City Council to enact this section, see Code of Virginia, § 46.2-1214.

§ 273-35 Leaving vehicles upon private property; removal; disposition. [1]

A. 
It shall be unlawful for any person to leave any motor vehicle, trailer or semitrailer, or part thereof, on the private property of any other person without his consent.
B. 
Upon complaint of the owner of the property on which such motor vehicle, trailer or semitrailer, or part thereof, has been abandoned for more than five days, such motor vehicle, trailer or semitrailer, or part thereof, may be removed by or under the direction of a police officer to a storage garage or area, provided that the person at whose request such motor vehicle, trailer or semitrailer, or part thereof, is so removed shall indemnify the City against any loss or expense incurred by reason of removal, storage or sale thereof.
C. 
In the case of the removal of a motor vehicle, trailer or semitrailer, or part thereof, from private property, when the same cannot be readily sold, such motor vehicle, trailer or semitrailer, or part thereof, may be disposed of in such manner as the City Council may provide.
D. 
In all other respects, the provisions of § 273-32 shall apply to such removals, provided that disposal of a motor vehicle, trailer or semitrailer may, at the option of the City Council, be carried out under either the provisions of § 273-32 or under the provisions of this section, after a diligent search for the owner, after notice to him at his last known address and to the holder of any lien of record in the office of the Division of Motor Vehicles of this state against such motor vehicle, trailer or semitrailer and after the motor vehicle, trailer or semitrailer has been held at least 60 days.
E. 
The Division of Motor Vehicles shall be notified of the disposition of any motor vehicle, trailer or semitrailer under § 273-32 or the provisions hereof.
[1]
Editor's Note: For statutory provisions relating to the authority of the City Council to enact this section, see Code of Virginia, §§ 46.2-1215 and 46.2-1233.

§ 273-36 Storage of inoperable vehicles; violations and penalties.

[Amended 6-14-1983 by Ord. No. 83-27; 9-9-1987 by Ord. No. 87-24; 9-8-1992 by Ord. No. 92-30; 8-10-2004 by Ord. No. 04-20]
It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or structure, or otherwise shielded or screened from view, on any property zoned for residential or commercial purposes, any motor vehicle, trailer or semitrailer, as defined in Virginia Code § 46.2-100, which is inoperable. No person, firm or corporation may keep more than one inoperable motor vehicle which is shielded or screened from view by covers and kept outside of a fully enclosed building or structure.
A. 
As used in this section, an "inoperable motor vehicle" shall mean any one of the following: (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle which 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 essential parts required for operation of the vehicle; or (iii) any motor vehicle being without valid license plates and a valid inspection decal.
B. 
Any person violating any provision of this section shall, upon conviction thereof, be fined not more than $250, and each successive day that any person permits such motor vehicle, trailer or semitrailer to continue in violation of this section shall constitute a separate violation.
C. 
Whenever any inoperable motor vehicle, trailer, or semitrailer violates this section, the real property owner shall remove the vehicle from the property or to a fully enclosed building or structure, or have it shielded or screened from view, within five days after being given written notice to do so. The written notice shall state in general terms the consequences of the owner not taking the requested action within five days. The notice to the land owner shall be given by any City employee the City Manager designates and shall be by certified mail, return receipt requested, to the land owner's last known address. The five-day' notice period shall commence on whichever of the following is applicable: (i) the date the land owner signs the certified mail receipt; or (ii) the date the post office designates on the certified mail receipt or envelope that the notice was unclaimed, not accepted, or otherwise not served. Also, on or about the date a City employee mails the certified letter, he or another designated employee shall post a copy of the violation notice on the front door of any residence that is rental property.
[Amended 6-9-2015 by Ord. No. 15-6]
D. 
Upon the land owner's failure to abate the violation, the designated City employee, or the City's agent or contractor, shall remove the inoperable vehicle from the property. If the City arranges for a towing company to remove the vehicle, the City may pay such company for the removal. Also, the vehicle may be disposed of if unclaimed after the ten-day' notice period discussed below. The City, or its agent or contractor, shall charge the cost of such removal and disposal to either the vehicle owner or the property owner. Provided, however, that prior to the disposal of a vehicle, the City, or its agent or contractor, shall give 10 days' notice by certified mail, return receipt requested, to the vehicle owner. The ten-day notice period shall commence on whichever of the following is applicable: (i) the date the vehicle owner signs the certified mail receipt; or (ii) the date the post office designates on the certified mail receipt or envelope that the notice was unclaimed, not accepted, or otherwise not served.
[Added 6-9-2015 by Ord. No. 15-6]
E. 
Any charge the City incurs or assesses against the land owner shall constitute a lien against the property from which the vehicle was removed, and the lien shall continue until the land owner pays the Director of Finance the applicable charges. Notwithstanding this section's other provisions, if the vehicle owner demonstrates that he is actively restoring or repairing the inoperable vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperable vehicle that is shielded or screened from view and being used for restoration or repair shall be allowed to remain on the property.
[Amended 6-9-2015 by Ord. No. 15-6;[1] 9-13-2016 by Ord. No. 16-25]
[1]
Editor's Note: This ordinance also redesignated former Subsections E, F and G as Subsections F, G and H, respectively.
F. 
As used in this section, notwithstanding any other provision of law, general or special, “shielded or screened from view” means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located.
G. 
Nothing in this section shall affect the applicability of other ordinances of the City, including Chapter 286, Zoning, concerning motor vehicles, trailers or semitrailers.
H. 
The provisions of this section shall not apply to a licensed business which on June 26, 1970, was regularly engaged in, and which since continually has been engaged in, business as an automobile dealer, salvage dealer or scrap processor.

§ 273-37 Parking and stopping violations; citation; payment of penalty.

[Added 8-10-1976 by Ord. No. 76-26; amended 7-14-1983 by Ord. No. 83-27; 7-10-1990 by Ord. No. 90-16; 2-11-1992 by Ord. No. 92-2; 6-10-1997 by Ord. No. 97-16; 4-8-2008 by Ord. No. 08-3; 6-14-2016 by Ord. No. 16-20]
Whenever any motor vehicle, without driver, is found parked or stopped in violation of any of the restrictions imposed by or pursuant to state law, an ordinance of this City or the rules, regulations, restrictions or prohibitions made, adopted or imposed by the City Manager, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a citation in a form provided by the City, for the driver to contest the violation by notifying the Director of Finance within five business days, or pay to the Director of Finance, in person or by mailing a check or money order, as a penalty for and in full satisfaction of the violation of City Code § 273-24A(10), the sum of $100; or, as a penalty for and in full satisfaction of any other such violation, the sum of $20. Failure to contest the citation or to pay the penalty, as hereinbefore provided, within a period of five business days shall subject the violator to the payment of double the penalty referenced above; provided, however, in such case, the violator of § 273-24A(10) shall be subject to a penalty of $125.

§ 273-38 Failure to answer citation.

[Added 8-10-1976 by Ord. No. 76-26; amended 4-8-2008 by Ord. No. 08-3; 6-14-2016 by Ord. No. 16-20]
A. 
If a violator of the restrictions on stopping, standing or parking under the traffic laws or the ordinances contained in this chapter or the rules, regulations, restrictions or prohibitions made, adopted or imposed by the City Manager does not contest a citation affixed to a motor vehicle or pay the penalty provided for such violation within a period of five business days, the Director of Finance shall send to the owner of the motor vehicle to which the citation was affixed, by first-class mail, a notice informing him of the violation and warning him that if such penalty is not paid within five business days from the date of such notice, the Director of Finance shall undertake any or all of the following actions:
(1) 
Notify the Commissioner of the Virginia Division of Motor Vehicles, who shall henceforth refuse to renew or issue the motor vehicle's registration;
(2) 
Use the procedures available pursuant to the Setoff Debt Collection Act (Article 21 of Chapter 3 of Title 58.1 of the Code of Virginia) to have the delinquent person's Virginia State income tax refund applied to pay the penalty due;
(3) 
Attach an account the person has in any financial institution and access the funds in such account to pay the penalty due; or
(4) 
Engage in any other lawful collection action.
B. 
If the Commissioner of the Virginia Division of Motor Vehicles charges the Director of Finance for the Commissioner's reasonable cost of engaging in the enforcement action specified in Subsection A(1) above, the Director of Finance may add the cost to the amount of the parking citation.

§ 273-39 Contesting violations.

[Added 8-10-1976 by Ord. No. 76-26; amended 4-8-2008 by Ord. No. 08-3; 6-14-2016 by Ord. No. 16-20]
Within five business days after the Director of Finance sends the notice specified in § 273-38, the delinquent person may contest the penalty either by filing an appropriate action in the General District Court and sending a copy of the action filed to the Director of Finance, or by completing a specified form in the Director of Finance's office so that the Director of Finance can file the form with the General District Court within such five business-day period. Any contest filed with the General District Court after the five business-day period shall be dismissed with prejudice by the Court.

§ 273-40 Registered owner to be presumed violator.

[Added 8-10-1976 by Ord. No. 76-26; amended 4-8-2008 by Ord. No. 08-3]
In any contest filed pursuant to § 273-39, the City shall be allowed to present proof that the particular vehicle described in the citation was parked in violation of such law, ordinance, rule, regulation, restriction or prohibition and that the person named in the citation was, at the time of such parking, the registered owner of such vehicle. This proof shall constitute a rebuttable presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and at the time during which such violation occurred.

§ 273-41 Penalty for violation of article.

[Amended 6-10-1997 by Ord. No. 97-16]
Unless otherwise provided, any person violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than $200 for each offense. A violation of § 273-24A(10) shall be punishable by a fine of not less than $100 nor more than $500.