[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.
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.
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.
[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.
[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.
[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.
[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.
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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.
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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.
|
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.
No vehicle shall be backed up to a curb except
during the time it is actually engaged in loading or unloading merchandise
therefrom.
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.
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.
[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.
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.
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.
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.
[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.
[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; 6-9-2015 by Ord. No. 15-6; 9-13-2016 by Ord. No. 16-25; 11-14-2017 by Ord.
No. 17-26]
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. A person, firm, or corporation may keep one inoperable
motor vehicle which is shielded or screened from view by a vehicle
cover and kept outside of a fully enclosed building or structure.
As used in this section, "vehicle cover" means a cover manufactured
specifically for a vehicle and shall not include a tarp or other cover.
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.
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.
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.
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.
[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; 5-24-2022 by Ord. No. 22-5; 9-12-2023 by Ord. No. 23-17]
A.
Whenever any motor vehicle, without a 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 law enforcement officer finding such vehicle shall use any 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 $250; or, as a penalty for and in full satisfaction of any other such violation, the sum of $50. 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 $275.
B.
For a violation of Paragraph A(9) of City Code § 273-24 involving the parking in a fire lane or any other fire travelway, the Chief of the Department of Fire and EMS, or his designee, in addition to a law enforcement officer, is authorized to issue the citation referenced in Paragraph A of this Section.
[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.
[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.
[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.
[Amended 6-10-1997 by Ord. No. 97-16; 5-24-2022 by Ord. No. 22-5]
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. Provided, however, a violation of § 273-24A(10) shall be punishable by a fine of not less than $250 nor more than $500.
