[1]
Editor's Note: For state law as to motor vehicles
generally, see Code of Virginia, Title 46.2.
[Amended 12-18-2014 by Ord. No. 2014-08]
Words and phrases used and contained in this
chapter shall have the meanings ascribed to them by § 46.2-100
of the Code of Virginia, except where the context clearly requires
a different meaning.
The provisions of this chapter applicable to
the drivers of vehicles shall apply to the drivers of all vehicles,
regardless of ownership, subject to such specific exceptions as are
set forth in this chapter.
[1]
Editor's Note: For similar state law, see
Code of Virginia, § 46.2-801.
[Added 6-18-1987; amended 10-5-1989; by Ord. No. 91-13; Ord. No. 92-3; Ord. No. 93-5; Ord. No. 94-7]
Pursuant to the provisions of § 46.2-1313
of the Code of Virginia, all of the provisions and requirements of
the laws of the commonwealth relative to the operation of vehicles
contained in Chapters 8, 10, 12 and 13 of Title 46.2 and Article 2
(§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 and Article
9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1 are hereby
adopted and made a part of this chapter as though set out herein and
are hereby made applicable within the City. References therein to
"highways of the state" shall be deemed to refer to streets, highways
and alleys within the City. It shall be unlawful for any person within
the City to violate or fail, neglect or refuse to comply with any
section of the Code of Virginia which is adopted by this section.
[1]
Editor's Note: For state law authorizing City
to adopt by reference provisions of Title 46.2 of Code of Virginia,
see Code of Virginia, § 46.2-1313.
[Added by Ord. No. 98-13]
The maximum safe speed in the Lylburn Downing
Middle School zone shall be 15 miles per hour. Such reduction in the
speed limit shall be in effect 30 minutes preceding regular school
hours, for 30 minutes thereafter, and during such other times as the
presence of children on such school property or going to and from
school reasonably requires a special warning to motorists. Any person
operating any motor vehicle in excess of the maximum speed limit established
specifically for the crossing zone shall be guilty of a traffic infraction
punishable by a fine of not more than $250, in addition to other penalties
provided by law.
Every policeman shall enforce the provisions
of this chapter, provided that such officer shall be uniformed at
the time of such enforcement or shall display his badge or other sign
of authority, and provided further that all officers making arrests
incident to the enforcement of this chapter shall be paid fixed and
determined salaries for their services and shall have no interest
in, nor be permitted by law to accept the benefit of, any fine or
fee resulting from the arrest or conviction of an offender against
any provision of this chapter.
Any policeman who shall be in uniform or who
shall exhibit his badge or other sign of authority shall have the
right to stop any motor vehicle, trailer or semitrailer, upon request
or signal, for the purpose of inspecting the motor vehicle, trailer
or semitrailer as to its equipment and operation, its manufacturer's
serial or engine number or its contents or load, if such motor vehicle,
trailer or semitrailer is a property-carrying vehicle, or for the
purpose of securing such other information as may be necessary.
Officers 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.
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.
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 close as is practicable and safe.
C.
All motor vehicles participating in a funeral procession,
when proceeding to any place of burial, shall display illuminated
headlamps thereon and such other identification as the City Manager
may prescribe. All motor vehicles so designated shall have the right-of-way
over all other vehicles, except fire apparatus, ambulances and police
vehicles, at any street or highway intersection within the City and
may proceed through a stop street or signalized intersection with
proper caution and safety.
D.
The Chief of Police shall have the authority to establish
and promulgate special parking and traffic regulations governing funerals
and funeral processions.
[1]
Editor’s Note: Former § 394-9, Motor vehicle
licenses (regarding City decals), added 2-16-1965, as amended, was
repealed 2-4-2010 by Ord. No. 2010-01.
There shall be levied annually a license tax
on motor vehicle carriers operating through the City for use of the
streets, roads or routes, including bridges, maintained by the City,
as follows: one-fifth cent per mile for each mile operated within
the City by any vehicle weighing 5,000 pounds or less; two-fifths
cent per mile for each mile so operated by any vehicle weighing more
than 5,000 pounds and less than 15,000 pounds; and three-fifths cent
per mile for each mile so operated by any vehicle weighing more than
15,000 pounds. This tax is levied pursuant to § 58-638.1
of the Code of Virginia, as amended.[1] This tax shall not apply to a local transportation company
operating over the streets of the City by and with the consent of
the Council by way of a franchise from the Council or by way of other
express consent.
[1]
Editor's Note: See now Code of Virginia, § 58.1-2652.
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.
No person shall open the door of or enter or
emerge from any vehicle in the path of any approaching vehicle without
due regard for the safety of persons and property.
Any person who shall individually or in association
with one or more others wilfully break, injure, tamper with or remove
any part of any motor vehicle, trailer or semitrailer for the purpose
of injuring, defacing or destroying such motor vehicle, trailer or
semitrailer, or temporarily or permanently preventing its useful operation,
or for any purpose against the will or without the consent of the
owner of such motor vehicle, trailer or semitrailer, or who shall
in any other manner wilfully or maliciously interfere with or prevent
the running or operation of such motor vehicle, trailer or semitrailer,
shall be guilty of a misdemeanor.
[1]
Editor's Note: For similar state law, see
Code of Virginia, § 18.2-146.
A.
Any person who shall individually or in association
with one or more others remove, change or alter any motor number or
serial or other identification number, without the consent of the
Division of Motor Vehicles of the state, shall be guilty of a misdemeanor.
B.
Any person who shall knowingly have in his possession
a motor vehicle, trailer or semitrailer, the motor number, serial
number or identification number of which has been removed, changed
or altered without the consent of the Division of Motor Vehicles of
the state shall be guilty of a misdemeanor.
It shall be unlawful for any person to drive,
stop or park any motor or other vehicle on the streets of the City
in such a manner as to block or impede traffic, except momentarily
for the purpose of taking on or letting off passengers, unless it
be under the direction of the Police Department or of a member thereof.
It shall be unlawful for any vehicle to make
a U-turn at any intersections of any of the streets of the City with
Route 11 and Route 60.
[Amended 12-17-1959]
A.
No person shall ride, drive or park a bicycle, motorcycle,
automobile or vehicle on any sidewalk within the City, except at intersections
of streets and alleys and other lawful driveways with the sidewalks.
Not more than one person shall ride upon a bicycle
at the same time within the City unless the same is a tandem bicycle.
All streets and alleys within the City so marked
and designated by the City Manager shall be one-way streets. It shall
be unlawful for any person to drive a vehicle in the wrong direction
on a one-way street.
A.
The City Manager may designate intersections at which
vehicles shall come to a full stop or yield the right-of-way and may
cause to be erected appropriate signs or markers at such intersections
so that an ordinarily observant person will be aware of the existence
of such designation.
B.
The City Manager may classify vehicles with reference
to parking and may designate the time, place and manner such vehicles
may be allowed to park on City streets and parking lots and may make
and enforce such additional rules and regulations as parking conditions
may require. When any parking regulation is established pursuant to
this subsection, the City Manager shall cause to be erected appropriate
signs or markers so that an ordinarily observant person, who may be
affected by such regulation, will be aware of such regulation.
C.
The City Manager may cause appropriate signs and markings
to be erected, placed and maintained designating residence and business
districts, railway crossings and such other signs and markings upon
the sidewalks and streets as may be deemed necessary to carry out
the provisions of this chapter. He shall have the power to regulate
traffic by means of traffic officers, semaphores or other signaling
devices on any portion of the streets where traffic is heavy or continuous
or where, in his judgment, conditions may require and may prohibit
other than one-way traffic upon certain streets. He may regulate the
use of the streets by processions or assemblages. He may adopt any
such regulations not in conflict with the provisions of this chapter
as he shall deem advisable and necessary and repeal, amend or modify
any such regulations.
D.
When any regulation is made pursuant to this section
and when appropriate signs or markers have been erected as required
by this section, it shall be unlawful for any person to violate any
such regulation.
[Amended 10-21-2010 by Ord. No. 2010-07]
The City Manager shall have power and authority,
in cases of emergency or temporary expediency, to promulgate rules
and regulations for the control of traffic, both vehicular and pedestrian,
the parking of vehicles, and the closing of streets to traffic temporarily,
either in whole or in part, when needful for the safety of the citizens
and protection and preservation of property.
The City Manager may stop travel on any street
when the same is being repaired, repaved or improved, if deemed necessary.
When travel is so stopped on a street, it shall be done by ropes or
some proper barricade, which shall be lighted at night to give warning
to traffic upon such street. It shall be unlawful for any person,
in any way, to interfere with such ropes, barricades or lights.
[1]
Editor’s Note: Former § 394-23, Closing streets
to traffic during sickness, was repealed 10-21-2010 by Ord. No. 2010-07.
A.
Whenever any person is arrested for a violation of any provision of this chapter, the arresting officer shall, except as otherwise provided in § 394-25, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice, such time to be at least five days after such arrest, unless the person arrested shall demand an earlier hearing, and such person shall, if he so desires, have a right to an immediate hearing or a hearing within 24 hours at a convenient hour and before a court having jurisdiction within the City. Such officer shall thereupon and upon the giving by such person of his written promise to appear at such time and place forthwith release him from custody.
B.
Any person refusing to give such written promise to
appear shall be taken immediately by the arresting or other police
officer before the nearest or most accessible judicial officer or
other person qualified to admit to bail having jurisdiction under
this chapter.
C.
Any person who wilfully violates his written promise
to appear, given in accordance with this section, shall be guilty
of a misdemeanor, regardless of the disposition of, and in addition
to, the charge upon which he was originally arrested.
D.
Any officer violating any of the provisions of this
section shall be guilty of misconduct in office and subject to removal
therefrom upon complaint filed by any person in a court of competent
jurisdiction. This section shall not be construed to limit the removal
of a police officer for other misconduct in office.
If any person is (1) arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person; (2) believed by the arresting officer to have committed a felony; (3) believed by the arresting officer to be likely to disregard a summons issued under § 394-24; or (4) charged with reckless driving, the arresting officer, unless he issues a summons, shall take such person forthwith before the nearest or most accessible judicial officer or other person qualified to admit to bail in lieu of issuing the summons required by § 394-24, who shall determine whether or not probable cause exists that such person is likely to disregard a summons and may issue either a summons or warrant as he shall determine proper.
The arresting officer as described in § 394-24 shall have power and authority necessary to summons witnesses of the alleged violation referred to in such section, who shall appear to give evidence at the trial, the place, time and date of the trial being clearly set forth in such summons of a witness.
[Amended 10-21-2010 by Ord. No. 2010-07]
Before any warrant shall issue for the prosecution
of a violation of any provision of this chapter or other regulation
regulating parking, the violator shall first be notified by first
class mail, at his/her last known address or at the address shown
for such violator on the records of the Division of Motor Vehicles,
and the violator may pay the fine provided by law for such violation
within five days of receipt of such notice, and the officer issuing
such warrant shall be notified that the violator has failed to pay
such fine within such time.
[Amended 10-21-2010 by Ord. No. 2010-07]
See § 394-65.
A.
If any person, having been convicted three times of
any offense or offenses set forth below, within a period of 10 years,
is again convicted of any one of such offenses within such five-year
period, he shall, in addition to the penalty otherwise prescribed
by law for such offense, be fined not less than $100 nor more than
$1,000 and confined in jail not less than three months nor more than
12 months. The offenses for a fourth conviction for which such penalties
may be imposed are the following: violations within this state of
§§ 18.1-54, 46.1-176, 46.1-191 and 46.1-350 of the
Code of Virginia, [1] within the City of § 394-32 of this chapter[2] or of §§ 46.1-176 and 46.1-191 of the Code
of Virginia, when charged on a City warrant, or of any similar ordinance
of any county, city or town in the state, and manslaughter involving
the operation of a motor vehicle, voluntary or involuntary, provided
that for the purposes of this section, where more than one manslaughter
conviction results from a single act or omission, then only the first
such conviction shall constitute an offense.
[1]
Editor's Note: Title 18.1 of the Code of Virginia
was repealed by Acts 1975, c. 14; see now Title 18.2. Title 46.1 of
the Code of Virginia was repealed by Acts 1989, c. 727; see now Title
46.2.
