For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Includes every individual who shall operate a vehicle as
the owner thereof or as the agent, employee or permittee of the owner.
Any device in, upon or by which any person or property is
or may be transported upon a highway, except a bicycle or a device
which is operated upon rails or tracks.
A.
At any place where a traffic control sign or marking
is in place indicating that parking at such place is prohibited or
is prohibited during certain hours of the day or days of the week
or in excess of a certain period of time or is restricted to certain
vehicles or certain uses or is limited in any other respect, no person
shall stand or park a vehicle or permit a vehicle to remain standing
or parked at such place in violation of the prohibition or limitation
indicated by such sign or marking.
B.
The Town Council may designate streets and public
places or portions thereof within the Town upon which or at which
parking shall be prohibited, restricted or limited in such manner
and to such extent as may be considered necessary by the Council for
the regulation of the use of such streets and public places in the
best interests of the public, and may direct an appropriate Town officer
to place or cause to be placed official traffic control signs or markings
at such places to give notice of the prohibitions, restrictions or
limitations so imposed. Included within the meaning of this section
are traffic control signs and markings, among others not specified
herein, as follows:
(1)
No parking at any time.
(2)
No parking between 4:00 p.m. and 6:00 p.m.
(3)
Two-hour parking.
(4)
Parking prohibited except Sundays and holidays.
(5)
No parking this side of street.
(6)
No parking from here to corner.
(7)
Bus stop.
(8)
Safety zone.
(9)
Physician parking only.
(10)
Official cars only.
(11)
Other prohibitions, restrictions and limitations
on parking as determined by the Town Council.
C.
In any case where, by state law, permission of the
State Highway Commissioner or other state authority is required prior
to erection of any traffic control device, such permission shall be
obtained prior to installation of such device.
A.
No vehicle shall be stopped on any street in such
manner as to impede or interfere with or render dangerous the use
of such street by another.
B.
No vehicle shall be stopped with its left side to
the curb, except upon a one-way street.
C.
No vehicle shall be backed up to a curb, except during
the time actually engaged in loading or unloading merchandise therefrom.
D.
Unless in an emergency or to allow another vehicle
or pedestrians to cross in front, no vehicle shall be stopped in any
street except close to and parallel with the curb, and in no instance
shall such vehicles be parked less than four feet apart nor with the
rear wheels further than six inches from the curb, except where parking
regulations provide for parking at an angle to the curb, and excepting
also when there are parking meters, in which case the vehicles must
be parked within the marked-off spaces.
E.
Vehicles shall not be stopped in such manner as to
block or obstruct the orderly and lawful passage of other traffic
nor within 15 feet of the ends of any obstruction opposite the vehicle.
Vehicles stopped two or more abreast, parallel with the curb, shall
be deemed to obstruct traffic and in violation thereof.
F.
On all streets which now are marked with lines on
the pavements indicating spaces for the parking of vehicles, the space
between each two lines shall constitute parking room for only one
vehicle, and no vehicle parked within such space shall be left with
either wheel across a line indicating a boundary of such space.
Whenever a vehicle is left standing on an incline,
it shall be so parked that when the brake is released the curb will
act as a check to prevent its movement, except under its own power,
or it shall be so arranged as to prevent movement upon release of
brake.
No person having control or charge of a motor
vehicle shall allow it to stand on any highway unattended without
first effectively setting the brakes thereof and stopping its motor
and, when standing upon any grade, without turning the front wheels
of such vehicle to the curb or side of the street.
It shall be unlawful for any person to park
any vehicle having no current state license on any street or highway
in the Town.
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)
In front of a public or private driveway.
(3)
Within an intersection.
(4)
Within 15 feet of a fire hydrant.
(5)
On a crosswalk.
(6)
Within 20 feet of a crosswalk at an intersection,
provided that where there is no crosswalk at an intersection, no person
shall so park a vehicle within 20 feet from the intersection of curblines
or, if none, then within 15 feet of the intersection of property lines.
(7)
Within 30 feet upon the approach to any flashing beacon,
stop sign or traffic control signal located at the side of a roadway.
(8)
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.
(9)
Within 50 feet of the nearest rail of a railroad grade
crossing.
(10)
Within 15 feet of the driveway entrance to any
fire station and on the side of a street opposite the entrance to
any fire station within 75 feet of the entrance when properly signposted.
(11)
Alongside or opposite any street excavation
or obstruction when such parking would obstruct traffic.
(12)
On the roadway side of any vehicle parked at
the edge or curb of a street.
(13)
Upon any bridge or other elevated structure
upon a street or highway.
(14)
At any place where official signs prohibit parking.
(15)
In an alley in such a position as to block the
alley or the driveway or entrance to any abutting property.
B.
No person other than a police officer shall move a
vehicle into any such prohibited area or away from a curb such distance
as is unlawful, or start or cause to be started the motor of any motor
vehicle, or shift, change or move the levers, 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 owner or driver thereof, or
attempt to do so.
The stopping of a vehicle at any time upon any
street for the purpose of advertising any article of any kind or displaying
thereon advertisements of any article or advertisement for sale of
the vehicle itself is prohibited.
No person shall wash, polish or grease a vehicle
upon a public street or sidewalk, nor shall the owner of a vehicle
permit it to be washed, polished or greased upon a public street or
sidewalk.
Notwithstanding any of the provisions of this
chapter, the Town Council may, when in its discretion the public interest
so requires, provide for angle parking on any street or portion thereof;
provided, however, that such streets are marked so as to apprise an
ordinarily observant person of such regulation.
Where a loading and unloading zone has been
set apart by the Town Council in accordance with applicable provisions
of this chapter, the following regulations shall apply with respect
to the use of such areas:
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 engaged 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.
The driver of any vehicle standing at the curb
in front of the entrance to any building, when not receiving or discharging
passengers, freight or merchandise, shall immediately give way to
the driver of any vehicle wishing to stop for the purpose of receiving
or discharging passengers, freight or merchandise from such building.
Where a bus stop or taxicab stand has been set
apart by the Town Council in accordance with the applicable provisions
of this chapter, the following regulations shall apply as to the use
thereof: 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.
A.
Removal procedures.
(1)
Whenever any motor vehicle, trailer or semitrailer
is found on the public streets or public grounds unattended by the
owner or operator and constitutes a hazard to traffic or is parked
in such manner as to be in violation of law, or whenever any motor
vehicle, trailer or semitrailer is left unattended for more than 10
days upon any privately owned property other than the property of
the owner of such motor vehicle, trailer or semitrailer within the
Town or is abandoned upon such privately owned property without the
permission of the owner, lessee or occupant thereof, any such motor
vehicle, trailer or semitrailer 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. The person at whose request such motor vehicle,
trailer or semitrailer is removed from privately owned property shall
indemnify the Town against any loss or expense incurred by reason
of removal, storage or sale thereof. Each removal shall be reported
immediately to the Police Department, and notice thereof shall be
given to the owner of the motor vehicle, trailer or semitrailer as
promptly as possible.
(2)
The owner of such motor vehicle or trailer or semitrailer,
before obtaining possession thereof, shall pay to the Town all reasonable
costs incidental to the removal, storage and locating the owner of
such motor vehicle, trailer or semitrailer. 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 this state against the motor vehicle, trailer
or semitrailer, the Chief of Police or other officer designated by
the Town Council may, after holding the motor vehicle, trailer or
semi-trailer 60 days and after due notice of sale, dispose thereof
at public sale and the proceeds from the sale shall be forwarded by
the selling officer to the Town Treasurer, provided that if the value
of such motor vehicle, trailer or semitrailer shall be determined
by three disinterested dealers or garagemen to be less than $50, which
would be incurred by such advertising and public sale, it may be disposed
of by private sale or junked. The Town Treasurer shall pay from the
proceeds of 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.
(3)
If no claim has been made by the owner for the proceeds
of such sale after the payment of the above-mentioned cost of $50,
the funds may be deposited to the general fund or any special fund
of the Town. Any such owner shall be entitled to apply to the Town
within three years from the date of such sale, and if timely application
is made therefor, the Town shall pay the same to the owner without
interest or other charges. No claim shall be made nor shall any suit,
action or proceeding be instituted for the recovery of such funds
after three years from the date of such sale.
B.
The Town shall have the power to enter into contracts with the owner or operator of garages or places for the removal or storage of vehicles referred to in Subsection A. The contracts shall provide for the payment by the Town 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 upon payment of such removal and storage charges; and shall provide 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.
No person shall stand or park a vehicle on any
private lot or lot area without the express or implied consent of
the owner thereof. Whenever signs or markings have been erected on
any lot or lot area contiguous or adjacent to a street, thoroughfare
or alley indicating that no vehicles are permitted to stand or park
thereon, it shall be unlawful for any person to drive a vehicle across
any curb or lot line or over any driveway from a street or alley into
such lot or area for the purpose of standing or parking such vehicle,
or for any person to stop, stand or park any vehicle in such lot or
lot area.
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 Town 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 Town Council
may provide.
D.
In all other respects the provisions of § 190-29A shall apply to such removals, provided that disposal of a motor vehicle, trailer or semitrailer may, at the option of the Town Council, be carried out under either the provisions of § 190-29A or 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.
[Amended 3-12-1986; 11-13-1996]
A.
It shall be unlawful for any person, firm or corporation
to keep, except within a fully enclosed building or structure, on
any property located in any residential or commercial zoned district,
more than one motor vehicle, trailer or semitrailer, as such are defined
in § 46.2-100 of the Code of Virginia, which is inoperative.
Such single inoperative vehicle must be fully screened from view by
plantings, fencing or a professionally manufactured car cover.
B.
As used in this section, an "inoperative motor vehicle"
shall mean any motor vehicle which is not in operating condition or
which for a period of 60 days or longer has been partially or totally
disassembled by removal of tires and wheels, the engine or other essential
parts required for operation of the vehicle or on which there are
displayed neither valid license plates nor a valid inspection decal.
C.
The provisions of this section shall not apply to
a licensed business which, on June 26, 1970, is properly zoned and
is regularly engaged as an automobile dealer, salvage dealer or scrap
processor.
D.
The owners of property zoned for residential or commercial purposes shall, at the demand of the Town Council or its designated agent, remove from their property any such unlawful inoperative motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure. Notice of the demand shall be sent to the property owner by first class mail to the owner's address as it appears in the Town tax records. In the event that the inoperative vehicle has not been placed in a fully enclosed building or structure, fully screened from view by plantings, fences or a professionally manufactured car cover, or removed from the property within 10 days from the date the notice was sent, then the Town or its designated agent may remove the inoperative vehicle and thereafter dispose of the same upon furnishing the vehicle owner with 10 days' written notice. If the vehicle owner cannot be determined, the property shall be disposed of in accordance with Town Code § 190-29 et seq.
E.
The cost of inoperative vehicle removal, storage and/or
disposal shall be charged to the owner of the vehicle or the owner
of the premises and may be collected by the Town as taxes and levies
are collected. Every cost authorized by this section which is assessed
against the owner of the premises shall constitute a lien against
the property from which the vehicle was removed, the lien to continue
until actual payment of such costs has been made to the Town.
In any prosecution charging a violation of any
parking regulation contained in this article, proof that the vehicle
described in the complaint, summons or warrant was parked in violation
of such regulation, together with proof that the defendant was at
the time of such parking the registered owner of the vehicle, as required
by Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute
in evidence a prima facie presumption that such registered owner of
the vehicle was the person who parked the vehicle at the place where,
and for the time during which, such violation occurred.
A.
Upon ascertaining that a vehicle is parked in violation
of this article, it shall be the duty of police officers of the Town,
acting in accordance with instructions issued by the Mayor, to report:
(1)
The place at which the violation occurs, including
the number of the parking meter, if any.
(2)
The state license number of such vehicle.
(3)
The time during which such vehicle has been parked
in violation of any of the provisions of this article.
(4)
Any other facts a knowledge of which is necessary
to a thorough understanding of the circumstances attending such violation.
B.
Each police officer filing a report as required in Subsection A shall attach to the vehicle in question a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this article and instructing such owner or operator to report at the Town Office in regard to such violation, provided that if the owner or operator of such vehicle is then and there present in person, such notice may be served on him personally.
