Chapter 16
MOTOR VEHICLES AND TRAFFIC*
*Charter reference - Authority of council to prescribe traffic regulations, § 11(15).
Cross references - Bicycles, Ch. 8; license tax on automobile graveyards, § 12-81; driving vehicle to scene of fire, § 13-17; maximum level of sound emitted by motor vehicles, § 17-12; permit for use of loud speakers on vehicles, § 17-13; restriction on sounding of vehicle warning devices, § 17-14; noise from loading and unloading operations, § 17-15; sound trucks, § 17-29 et seq.; operation of motor vehicles in parks, § 18-8(c); transportation of garbage on streets, § 25-4; streets and sidewalks, Ch. 26; taxicabs, Ch. 28.
State law reference - General authority of city relative to traffic, Code of Virginia, § 46.2-1300 et seq.
Art. I. In General, §§ 16-1--16-27
Art. II. Local Vehicle license, §§ 16-28--16-47
Art. III. Operation of Vehicles Generally, §§ 16-48--16-72
Art. IV. One-Way Streets, §§ 16-73--16-100
Art. V. Stopping, Standing and Parking, §§ 16-101--16-160
Div. 1. Generally, §§ 16-101--16-123
Div. 2. Parking Meters, §§ 16-124--16-143
Div. 3. Parking Violations, §§ 16-144--16-150
Div. 4. Residential Permit Parking Blocks and Downtown Perimeter Permit Parking Blocks, §§ 16-151--16.160
Art. VI. Vehicles Used for Vending on Streets, §§ 16-161--16-182
Art. VII. Abandoned Vehicles, §§ 16-183--16-189
ARTICLE 1. IN GENERAL
Section 16-1. Definitions.
All definitions of words and phrases contained in the state law adopted by section 16-10 shall apply to such words and phrases, when used in this chapter, unless clearly indicated to the contrary.
Section 16-2. Compliance with chapter; general penalty for violations.
It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter. Unless otherwise specifically provided, a violation of this chapter shall constitute a traffic infraction punishable by a fine of not more than one hundred dollars ($100.00). (Code 1964, § 15-16)
State law reference - Similar provisions applicable to violations of state traffic laws, Code of Virginia, § 46.2-113, city prohibited from imposing penalty for traffic violation which is greater than penalty imposed by state for similar offense, § 46.2-1300.
Section 16-3. Applicability of chapter to vehicles regardless of ownership
The provisions of this chapter applicable to the drivers of vehicles upon the streets shall apply to the drivers of all vehicles regardless of ownership, subject to such specific exceptions as are set forth in this chapter. (Code 1964, § 15-2)
State law reference - similar provisions as to state traffic regulations, Code of Virginia, § 46.2-801.
Section 16-4. Application of chapter to persons riding bicycles or mopeds or riding or driving animals.
Every person riding a bicycle or moped or an animal upon a street and every person driving any animal thereon shall be subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions which, by their very nature, can have no application. (Code 1964, § 15-3)
Cross references - Animals, Ch. 6; bicycles, Ch. 8.
State law reference - Similar provisions as to state traffic regulations, Code of Virginia, § 46.2-800.
Section 16-5. Enforcement of chapter and direction of traffic by police.
It shall be the duty of the officers and crossing guards of the police department, or such officers as are assigned by the chief of police, to enforce this chapter and all other traffic ordinances of this city and all of the state vehicle laws applicable to street traffic in this city. Officers and crossing guards of the police department, or such officers as are assigned by the chief of police, are hereby authorized to direct all traffic, by voice, hand or signal, in conformance with traffic laws; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
State law references - Duty of police to enforce state traffic laws, Code of Virginia, § 46.2-102; direction of traffic by police, § 46.2-1309.
Section 16-6. Emergency powers of chief of police to regulate or prohibit traffic or parking.
During any emergency, the chief of police shall have power to regulate or prohibit traffic or parking on any street within the city.
Section 16-7. Authority of fire department officers to direct traffic.
Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
Cross reference - Fire department, § 13-12 et.seq.
Section 16-8. Compliance with orders of police and fire department officials.
No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official given pursuant to authority granted in this chapter.
Section 16-9. General authority of city manager as to traffic.
(a) The city manager may cause appropriate signs to be erected and maintained, designating residence and business districts, streets and railway grade crossings and such other signs as may be deemed necessary to carry out the provisions of this chapter and to control traffic.
(b) The city manager shall have power to provide for the regulation of traffic by means of traffic officers or lights or other traffic control devices on any portion of a street where traffic is heavy or continuous or where, in his judgment, conditions may require. (Code 1964, §§ 15-18, 15-23)
Section 16-10. Adoption of state law.
Pursuant to the authority of section 46.2-1300 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in title 46.2 of the Code of Virginia, as amended, except those provisions and requirements a violation of which constitutes a felony or a Class 1 or 2 misdemeanor, and except 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 such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the city. Such 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 any provision of title 46.2 of the Code of Virginia which is adopted by this section; provided that, in no event, shall the penalty imposed by the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under title 46.2 of the Code of Virginia. (Ord. of 10-25-90)
Section 16-11. Duty of driver to remove temporarily disabled vehicle.
The driver of any vehicle which is temporarily disabled while on the paved surface of a street shall remove the same as expeditiously as conditions and circumstances may permit. (Code 1964, § 15-117)
Section 16-12. Authority of police to remove vehicle involved in accident from street.
Whenever a motor vehicle, trailer or semitrailer involved in an accident is found upon a city street 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 street to some point in the vicinity where such motor vehicle, trailer or semitrailer will not impede the flow of traffic.
State law reference - Authority for above section, Code of Virginia, § 46.2-1212.
Section 16-13. Identification of funeral processions.
A funeral composed of a procession of vehicles shall be identified as such by the burning of the headlights on each such vehicle or by such other method as may be determined and designated by the police department.
Section 16-14. Riding on portion of vehicle not intended for passengers.
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.
Section 16-15. Boarding or alighting from moving vehicle.
No person shall board or alight from any vehicle while such vehicle is in motion.
Section 16-16. Terminals for inter-city buses.
All persons operating buses for the transportation of passengers for hire between the city and points outside the city shall operate their buses into not more than two (2) bus terminals located at such points within the city as may be approved by the city council, which terminals shall be located on private property and not within the street lines of the city. (Code 1964, § 15-125)
Section 16-17. Pedestrians to obey traffic signs, signals, etc.
Pedestrians shall obey signs and signals erected on 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 five dollars ($5.00) for each offense.
State law reference - Authority for above section, Code of Virginia, § 46.2-935.
Secs. 16-16--16-27. Reserved.
ARTICLE II. LOCAL VEHICLE LICENSE*
*Cross reference - License tax on owners of motor vehicles not displaying current license plates, § 12-80.
See. 16-28. Definition.
The word "resident," as used in this article, shall be construed to mean a person having a place of abode in the city, irrespective of the intention of such person to return to some other residence outside of the city at some future time. (Code 1964, § 15-31; Ord. of 12-9-82)
Section 16-29. Required; exceptions.
(a) Every resident, owner or resident custodian of a motor vehicle, including motor bicycles, mopeds and motorcycles, and of every trailer operated or to be operated on the streets of the city, in the business or for the private use or benefit of the owner or custodian shall, on or before the fifteenth day of April of each year, or before he shall commence to operate his vehicle or trailer, obtain a license to operate the same from the city.
(b) This section shall not apply to any vehicle or trailer which is exempted from the imposition of a local license tax or fee by section 46.2-755 of the Code of Virginia or any other state law.
(c) Nonresidents of the city may operate a motor vehicle or trailer without a city license only for a period not exceeding thirty (30) days.
(d) New residents of the City owning or having custody of a motor vehicle (as set forth in (a) above) shall obtain the license required herein within thirty days of such residency. Upon application for the city license, the new resident, owner or custodian shall not be charged the tax therefor for the balance of the calendar year of application provided the new resident, owner or custodian provides evidence, satisfactory to the Treasurer of the City, that a similar license tax (or registration tax) was paid on said motor vehicle to another political subdivision (City or County) in the Commonwealth of Virginia for the calendar year concerned. (Code 1964, § 15-31; Ord. of 12-9-82; Ord. of 8-22-96)
Section 16-30. Application.
Application for a license required by this article shall be made to the city treasurer. Such application shall contain the name and residence address of the applicant and, if a corporation, its place of business. The application shall contain the following information concerning the vehicle to be licensed:
(1) Its make, model and serial or factory number, if any.
(2) A brief description showing its style.
(3) Its weight, as computed by the provisions of the state law now in force or in accordance with any modifications that hereafter may be made by the state.
(Code 1964, § 15-31; Ord. of 12-9-82)
Section 16-31. Tax generally.
(a) An annual license tax is hereby imposed upon every motor vehicle and trailer required to be licensed under this article. The amount of such tax shall be as prescribed in subsections (b), (c), (d) and (e) of this section.
(b) Except as provided in subsection (c) below, the license tax on a passenger motor vehicle shall be twenty dollars ($20.00), if the gross weight of the vehicle is four thousand (4,000) pounds or less, and twenty-five dollars ($25.00), if such gross weight is more than four thousand (4,000) pounds.
(c) The license tax on a motor bicycle, moped or motorcycle shall be fifteen dollars ($15.00).
(d) The license tax on trucks shall be based on gross weight and shall be in accord with the following schedule:
Gross weight (in pounds) | Amount of Tax |
4,000 or less | $20.00 |
4,001 to 6,500 | $25.00 |
6,501 to 12,000 | $27.00 |
12,001 to 30,000 | 433.00 |
30,001 or more | $55.00 |
(e) The license tax on a trailer shall be based on gross weight and shall be one-half the license tax imposed by subsection (d) above on a truck of the same weight, with a maximum tax of twenty-two dollars ($22.00), except that on travel and camping trailers, the license tax shall be five dollars ($5.00) if the gross weight is fifteen hundred (1500) pounds or less, and ten dollars ($10.00) if such weight is over fifteen hundred (1500) pounds.
(f) The license tax imposed by this section shall be paid to the city treasurer at the time application for the license is filed pursuant to section 16-30. (Code 1964, § 15-31; Ord. of 12-9-82)
State law reference - Authority for above tax, Code of Virginia, § 46.2-752.
Section 16-32. Proration or refund of tax.
(a) If a license required by this article is initially applied for on or after May first of any license year, the license tax imposed by section 16-31 shall be prorated according to the following schedule:
Date of Application | Percent of Tax To Be Paid |
---|---|
(b) The owner of a city vehicle license tag or decal may turn the same in to the city treasurer and receive a refund of the tax paid for such tag or decal based on the amount originally paid according to the same schedule as set out in subsection (a) above. No refund shall be made after February twenty-eighth for the previous year's license.
(c) Any resident who, on April fifteenth, owns a vehicle required to be licensed under this article shall pay one hundred (100) percent of the license tax imposed by this article, regardless of when such license is obtained. (Code 1964, § 15-31; Ord. of 12-9-82)
Section 16-33. Payment of vehicle personal property taxes prerequisite to licensing.
No motor vehicle or trailer shall be licensed under this article, unless the applicant for such license produces satisfactory evidence that all personal property taxes upon the motor vehicle or trailer to be licensed have been paid and satisfactory evidence that any delinquent motor vehicle or trailer or personal property taxes owing have been paid which have been properly assessed or are assessable against the applicant by the city. (Code 1964, § 15-31; Ord. of 12-9-82)
State law reference - Authority for above section, Code of Virginia, § 46.2-752.
Section 16-34. Issuance of certificate and tag or decal.
Upon receipt of a proper application and the required license tax, the city treasurer shall issue a certificate of registration and license tag or decal for the vehicle on which the tax was paid, giving the vehicle a suitable number which shall distinguish it from others. (Code 1964, § 15-31; Ord. of 12-9-82)
Section 16-35. Display of tag or decal generally.
A license tag or decal issued under this article shall be displayed on the vehicle for which issued in such manner as to be clearly visible at all times and it shall be unlawful for any person to operate such vehicle in the city unless a current tag or decal is so displayed. (Code 1964, § 15-31; Ord. of 12-9-82)
Section 16-36. Display of expired tag or decal.
It shall be unlawful for any owner of a motor vehicle or trailer to display upon such motor vehicle or trailer any license tag or decal of the city after the expiration date of such tag or decal. A violation of this section shall constitute a misdemeanor punishable by a fine not exceeding twenty dollars ($20.00).
State law reference - Authority for above section, Code of Virginia, § 46.2-752.
Section 16-37. Transfer; duplicate tags or decals.
The matter of transfers and of duplicating lost vehicle licenses or license tags or decals shall be the same as under the state law, except that the fee in such cases shall be one dollar ($1.00). (Code 1964, § 15-31; Ord. of 12-9-82)
Secs. 16-38-16-47. Reserved.
ARTICLE III. OPERATION OF VEHICLES GENERALLY
Section 16-48. Special speed limits in congested areas or at dangerous points.
The city manager, with the approval of the city council, may decrease the speed limits established by sections 46.2-870-46.2-878 of the Code of Virginia in congested areas or at dangerous points on the streets of the city. Whenever speed limits so designated by the manager are clearly indicated by signs or markers, it shall be unlawful for any person to drive or operate a vehicle at a speed in excess of such limits. (Code 1964, § 15-70)
State law reference - Authority to decrease speed limits established by state law, Code of Virginia, § 46.2-1300.
Section 16-49. Speed limit in parks.
It shall be unlawful for any person to drive or operate any vehicle in a city park at a speed in excess of fifteen (15) miles per hour. (Code 1964, § 15-70)
Cross reference - Parks, Ch. 19.
Section 16-50. Driving across newly made pavement.
No person shall drive any vehicle over or across any newly made pavement in any public street, across or around which pavement there is a barrier or a sign warning persons not to drive over or across such pavement, or a sign stating that the street is closed. (Code 1964, § 15-56)
Section 16-51. Driving on steep grades.
The driver of a motor vehicle descending or ascending steep grades shall hold such motor vehicle under control and as near the right-hand side of the street as reasonably possible. (Code 1964, § 15-57)
Section 16-52. Blocking or impeding traffic by lack of snow tires or tire chains.
(a) It shall be unlawful for the operator of any motor vehicle to block or impede the orderly flow of traffic on any street within the city by reason of not having adequate snow tires or tire chains on his vehicle when snow and ice, either or both, are on the streets.
(b) When any motor vehicle without snow tires or tire chains shall become stalled on the traveled portion of a street of the city, it shall be prima facie evidence that the operator of such vehicle was in violation of this section.
(c) Any person violating this section shall, upon conviction, be fined not exceeding twenty-five dollars ($25.00) for each such offense. (Code 1964, §§ 15-57.1)
State law reference - Authority for above section, Code of Virginia, § 46.2-1302.
Section 16-53. Obstructing intersections or crosswalks.
No driver of a vehicle shall enter an intersection or a marked crosswalk, unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
Section 16-54. Driving through funeral or other processions.
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.
State law reference - Right-of-way of funeral processions under police escort, Code of Virginia, § 46.2-828.
Section 16-55. Driving in funeral or other processions.
Each driver of a vehicle in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe.
Section 16-56. Stop and yield intersections.
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. When such signs or markers have been so erected, the duty of drivers approaching the same shall be as prescribed by the state law adopted by section 16-10 of this chapter. (Code 1964, §§ 15-17,15-129)
State law references - Authority for above section, Code of Virginia, § 46.2-1301; duty of drivers approaching stop or yield sign, § 46.2-821.
Section 16-57. Entering or leaving limited-access roadway.
No person shall drive a vehicle onto or from any limited-access roadway, except at such entrances and exits as are established by public authority.
Section 16-58. Driving on play streets.
(A) When authorized, signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon such street or portion thereof, except drivers of vehicles having business or whose residences are within such closed area, and then any such driver shall exercise the greatest care in driving upon such street or portion thereof.
(B) Constitution Drive, situated within Gypsy Hill Park, is hereby designated a play street under authority of Section 46.2-932 of the Code of Virginia. On said street, the use of roller skates, skate boards or roller blades or other devices on wheels or runners are permitted, provided, however, all such devices must be operated in a clockwise direction on said street facing motor vehicular traffic. No person riding on any bicycle, moped, roller skates, roller blades, skate boards or other devices on wheels or runners shall attach the same or himself to any vehicle on the roadway. (Ord. of 6/28/95)
Section 16-59. Driving to scene of police investigation.
It shall be unlawful for the driver of any vehicle, having information that police have been requested or directed to proceed to any place in the city for the purpose of investigating an accident or a suspected violation of law, to drive his vehicle to such place or the vicinity thereof, except on official business. The presence, at or near any such place, of a vehicle equipped with a radio tunable to police emergency frequencies shall be prima facie evidence that such vehicle was driven to such place in violation of this section.
Section 16-60. Limitations on backing.
No vehicle shall be backed on any street without the driver first indicating, by some sign or signal, his intention to back and no vehicle shall be backed in any street if, by so doing, any other vehicle is impeded or any pedestrian is endangered. No vehicle shall, in any event or on any street, be backed a greater distance than twenty-five (25) feet, unless it is necessary to relieve a traffic jam or on orders from a police officer.
Section 16-61. Driving dangerous vehicle or when vision obscured.
No vehicle shall be driven or operated in the city when so constructed, including equipment, or loaded as to be dangerous or to retard or prevent the driver from having a view sufficient for safety.
Section 16-62. Operation of go-carts on streets.
It shall be unlawful for any person to drive, on the streets of the city, any self-propelled vehicle of the type commonly known as a "go-cart," weighing less than five hundred (500) pounds and designed for transporting a person.
Secs. 16-63-16-72. Reserved.
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ARTICLE IV. ONE-WAY STREETS
DIVISION I. GENERALLY
Section 16-73. Duty of drivers.
It shall be unlawful for the driver of any vehicle upon any street or portion of a street designated by the provisions of division 2 of this article as a one-way street to drive such vehicle in a direction contrary to that designated as the direction for the movement of traffic, if appropriate signs or markers are in place indicating the direction of lawful movement for traffic. (Code 1964, § 15-103)
Secs. 16-74-16-78. Reserved.
DIVISION 2. DESIGNATED
Section 16-79. Augusta Street.
Augusta Street, between Churchill Avenue and Middlebrow Avenue, is hereby designated as a one-way street for traffic moving from north to south. (Code 1964, § 15-104; Ord. of 9-14-89)
Section 16-80. Barrister's Row (Court House Alley).
Barrister's Row (Court House Alley) is hereby designated as a one-way street for traffic moving from east to west. (Code 1964, § 15-107)
Section 16-81. Beverly Street.
Beverly Street, between Jefferson Street and Coaster Street, is hereby designated as a one-way street for traffic moving from west to east. (Code 1964, § 15-105)
Section 16-82. Central Avenue.
Central Avenue, between Frederick Street and Johnson Street, is hereby designated as a one-way street for traffic moving from north to south. (Code 1964, § 15-106)
Section 16-83. Frederick Street.
Frederick Street, between Coalter Street and West Beverly Street, is hereby designated as a one-way street for traffic moving from east to west. (Code 1964, § 15-108)
Section 16-84. Kalorama Street.
Kalorama Street, between Market Street and Coalter Street, is hereby designated as a one-way street for traffic moving from west to east.
Section 16-85. Madison Street.
Madison Street, between Frederick Street and West Beverly Street, is hereby designated as a one-way street for traffic moving from north to south.
Section 16-86. Market Street.
Market Street, between East Beverly Street and Kalorama Street, is hereby designated as a one-way street for traffic moving from north to south.
Section 16-87. New Street.
(a) New Street, between Johnson Street and Augusta Street, is hereby designated as a one-way street for traffic moving from south to north.
(b) New Street, between Johnson Street and the old railroad station, is hereby designated as a one-way street for traffic moving from north to south. (Code 1964, § 15-109)
Section 16-88. Sherwood Lane.
Sherwood Lane, between Sherwood Avenue and East Beverly Street, is hereby designated as a one-way street for traffic moving west to east.
Section 16-89. Unnamed street between New Street and C & O telegraph office.
The street leading from the south end of New Street in front of the office of the White Star Mills to the Chesapeake and Ohio telegraph office is hereby designated as a one-way street for traffic moving from east to west. (Code 1964, § 5-110)
Section 16-90. Washington Street.
Washington Street, between Frederick Street and Johnson Street, is hereby designated as a one-way street for traffic moving from north to south. (Code 1964, § 15-111)
Section 16-91. Church Street.
Church Street, between West Beverly Street and Johnson Street, is hereby designated as a one-way street for traffic moving from south to north. (Ord. of 7-25-85)
Section 16-92. Middlebrook Avenue.
Middlebrook Avenue, between South Augusta Street and South Lewis Street, is hereby designated as a one-way street for traffic moving from east to west. (Ord. of 9-14-89)
Section 16-93. Federal Street.
Federal Street, between Church Street and Lewis Street, is hereby designated as a one-way street for traffic moving from west to east.
Section 16-94. Stafford Street.
Stafford Street, between Johnson Street and Jackson Street, is hereby designated as a one-way street for traffic moving from north to south. (Ord. of 10-8-92)
Section 16-95. Richardson Street.
Richardson Street, between Jackson Street and Johnson Street, is hereby designated as a one-way street for traffic moving from south to north. (Ord. of 12-17-92)
Section 16-96. Rose Street.
Rose Street, between Augusta Street and Baptist Street, is hereby designated as a one-way street for traffic moving from west to east. (Ord. of 4-22-93)
Section 16-97. Baptist Street.
Baptist Street, between Rose Street and Sunnyside Street, is hereby designated as a one-way street for traffic moving from north to south. (Ord. of 6-10-93)
Secs. 16-98-16-100. Reserved.
ARTICLE V. STOPPING, STANDING AND PARKING*
*Cross references - Parking bicycles in downtown or other commercial areas, § 8-24; prohibited conduct on parking lots, § 18-10; parking facilities in subdivisions, § 27-59.
State law reference - Authority for local parking regulations, Code of Virginia, § 46.2-1220.
DIVISION 1. GENERALLY
Section 16-101. Stopping and parking generally.
(a) Unless in an emergency or otherwise indicated by signs or to allow another vehicle or a pedestrian 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 vehicles be parked less than four (4) feet apart, nor with the wheels further than twelve (12) inches from the curb.
(b) Except upon one-way streets, no vehicle shall be parked except within twelve (12) inches of the right-hand curb, unless otherwise provided by the council or by regulations of the city manager.
(c) Vehicles shall not be stopped in such manner as to block or obstruct the orderly and lawful passage of other traffic, nor between a safety zone and curb, nor within fifteen (15) feet of the ends of any obstruction opposite the vehicle. Vehicles stopped two (2) or more abreast parallel with the curb shall be deemed to obstruct traffic in violation of this subsection.
(d) The provisions of subsections (a) and (b) above shall not apply to any vehicle so positioned in a parking space designated by painted lines that no portion of the vehicle extends over such painted lines.
(Code 1964, §§ 15-57.2, 15-117; Ord. Of 1/13/2000)
Section 16-102. Stopping for the purpose of advertising.
It shall be unlawful for any person to stop a vehicle at any time, upon any street, for the purpose of advertising any article of any kind, or displaying thereupon advertisements of any article, or advertisement for the sale of the vehicle itself. (Code 1964, § 15-117)
Cross reference - Advertising, Ch. 3.
Section 16-103. Leaving vehicle on paved, improved or main-traveled portion of certain streets.
No person shall leave standing any vehicle, attended or unattended, upon the paved, improved or main-traveled portion of any street outside of a business or residence district, when it is practicable to leave such vehicle standing off the paved, improved or main-traveled portion of such street. (Code 1964, § 15-117)
Section 16-104. Regulation of parking by city manager.
(a) The city manager may adopt and put into effect regulations, not inconsistent with this chapter, designating the time, place and manner that vehicles may be parked on the city streets and shall make and enforce such additional rules and regulations as parking conditions may require.
(b) When any regulation is made pursuant to this section and when appropriate signs or markers have been erected giving notice thereof, it shall be unlawful for any person to violate such regulation. (Code 1964, § 15-17.1)
Section 16-105. General parking prohibitions.
(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 driveway.
(3) Within an intersection.
(4) Within twenty (20) feet of a crosswalk at an intersection.
(5) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway.
(6) Between a safety zone and the adjacent curb or within thirty (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.
(7) Within fifty (50) feet of the nearest rail of a railroad grade crossing.
(8) On the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of such entrance, when properly sign posted.
(9) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic.
(10) On the roadway side of any vehicle parked at the edge or curb of a street.
(11) Upon any bridge or other elevated structure upon a street or within a tunnel.
(12) In any area or space on public or private property open for parking to the public designated and marked as a "Fire Lane".
(13) At any place where official signs prohibit parking.
(b) For any violation of Section 16-105(a)(12), the penalty shall be a fine of $50.00 and any law enforcement officer may (i) attach the notice of violation to the vehicle set forth in Section 16-145 of this Article and/or (ii) may remove the vehicle or have the vehicle removed to a storage area for safekeeping and shall report the removal to the Department of Motor Vehicles of the Commonwealth of Virginia and to the owner (with the notice of violation attached) as promptly as possible, all as provided in Section 46.2-1211 of the Code of Virginia, as amended. Before obtaining possession of his property, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage.
(Code 1964, §§15-119; Ord. of 6-9-83, § 2; Ord. of 12-17-92)
Section 16-106. Parking unlicensed vehicle.
It shall be unlawful for any person to park, on any street or parking lot belonging to or operated by the city, any vehicle on which currently legal license plates and decals are not properly displayed, as required by state law and this chapter. (Code 1964, § 15-34)
Section 16-107. Parking in space reserved for the handicapped.
(a) No vehicles other than those displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued under Section 46.2-1241 of the Code of Virginia, or DV disabled parking license plates issued under Subsection B of Section 46.2-739 of the Code of Virginia, shall be parked in any parking spaces reserved for persons with disabilities.
(b) No person without a disability that limits or impairs his ability to walk shall park a vehicle with the license plates and/or placards set forth above in Subsection (a) in a parking space reserved for persons with disabilities that limit or impair their ability to walk except when transporting a disabled person in the vehicle.
(c) A summons or parking ticket for an offense in violation of this section may be issued by law enforcement officers, volunteers serving in units established pursuant to Section 46.2-1244, and other uniformed personnel employed by the City of Staunton to enforce parking regulations, without the necessity of a warrant's being obtained by the owner of a private parking area.
(d) Parking a vehicle in a space reserved for persons with disabilities in violation of this section shall be punishable by a fine of not less than $100.00 nor more than $500.00.
(e) In any prosecution charging a violation of this section, proof that the vehicle described in the complaint, summons, parking ticket, citation or warrant was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Chapter 6 (Section 46.2-600 et seq.) of Title 46.2 of the Code of Virginia, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.
(f) No violation of this section shall be dismissed for a property owner's failure to strictly comply with the requirements for disabled parking signs set forth in Section 36-99.11 of the Code of Virginia, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk.
(g) The provisions of Sections 46.2-1247, 46.2-1248, 46.2-1249, 46.2-1250, 46.2-1251, 46.2-1252, and 46.2-1253 of the Code of Virginia, 1950, as amended, relating to counterfeiting disability licenses or placards, use of counterfeit disability licenses or placards, alteration of disabled licenses or placards, unauthorized use of disabled licenses or placards, fraudulently obtaining a disabled license or placard, selling or exchanging a disabled license or placard and providing to another such licenses or placards without sale or exchange of consideration, are incorporated herein by reference.
(h) Upon conviction of a violation set forth in the sections of the Code of Virginia incorporated herein by reference (set forth in Subparagraph (g) above), the court shall send notice of the conviction and the number of the license plate or placard involved to the Commissioner of the Department of Motor Vehicles for the Commonwealth of Virginia.
State Law Reference - Code of Virginia, Section 46.2-1242 et. seq.
(Ord. of 12/10/98)Section 16-108. Time limit for parking on city streets and in or on city-owned parking facilities; storage prohibited.
(a) It shall be unlawful for any person to park any vehicle on any street and leave such vehicle standing for a period of more than seven (7) consecutive days.
(b) It shall be unlawful for any person, firm or corporation to store any vehicle on or in a city-owned parking facility without obtaining a permit therefor. For the purposes of this section, any vehicle parked within or upon a city-owned facility for seven (7) consecutive twenty-four (24) hour periods, without being taken from the facility during that time, shall be considered a stored vehicle.
(c) The city manager, in his discretion, may issue a temporary permit allowing storage upon application therefor in unusual or special circumstances. The permit shall state the dates of permitted storage and be displayed in plain view inside the vehicle.
(d) The presumption set forth in Section 16-149 hereof is incorporated herein by reference.
(e) For a violation of this section, there shall be a fine of $50.00 for the first violation in any twelve (12) month period and a fine of $150.00 for subsequent violations within said twelve (12) month period. The notice provision of Section 16-148 shall apply prior to the issuance of a summons hereunder.
(Code 1964, § 15-124; Ord. Of 1/13/2000)
Section 16-109. Time limit for parking at library.
a. Except for emergencies and inoperable vehicles and excepting vehicles of employees of the city of Staunton having business at the Staunton Public Library, no vehicle shall be parked on the parking premises of the Staunton Public Library between the hours of 10:00 p.m. and 6:00 a.m. the following morning.
b. Whenever special events are being held at the library lasting beyond 9:00 p.m., patrons of those events shall nevertheless be permitted to park until one hour following the termination of the event.
c. In the case of emergencies or inoperable motor vehicles, the owner or custodian of such vehicle shall proceed to have such vehicle removed from the premises of the library as soon as reasonably possible, but, in any case, within 24 hours of the emergency or disability.
(Code 1964, § 15-126; Ord. of 6-9-88; Ord. of 3/13/97)
Cross reference - Libraries, Ch. 15.
Section 16-110. Time limit for parking inoperable vehicles.
It shall be unlawful for any person to park or store, for more than twenty-four (24) hours, on any street or any parking lot belonging to or operated by the city, any motor vehicle which is incapable of being operated.
Cross reference-Open storage of inoperable vehicles, § 18-20.
Section 16-111. Time limit for parking in loading zone / customer pickup zone.
(a) No motor vehicle, trailer or semitrailer shall be parked on or in any loading zone for commercial purposes longer than is actually necessary to load or unload freight or merchandise.
(b) No noncommercial motor vehicle shall be parked on or in any customer pickup zone for a period in excess of fifteen (15) minutes. (Code 1964, § 15-122; Ord. of 6-9-88)
Section 16-112. Parking of trucks, motor homes, etc., between 12:00 midnight and 6:00 a.m.
No truck of more than three-fourths of a ton in capacity or motor home, trailer or semitrailer shall be parked on any street between 12:00 midnight and 6:00 a.m. (Code 1964, § 15-123; Ord. of 6-9-88)
Section 16-113. Parking or stopping of bus for purpose of loading or unloading passengers.
No person operating a bus for the transportation of passengers for hire between the city and points outside the city shall park or leave standing such bus in the streets of the city while loading or unloading passengers or waiting to begin a trip out of the city. This shall not prevent any such bus from being stopped at a street corner for the purpose of taking on or discharging passengers at a point along the route of such bus between the bus terminal and the corporate limits of the city while the bus is en route between such terminal and the point outside of the city, either ingoing or outgoing; provided, however, that no such stop shall be made within the congested business area of the city bounded on the north by the south side of Frederick Street, on the east by the west side of New Street, on the south by the south side of Johnson Street and on the west by the east side of Lewis Street. (Code 1964, § 15-125)
Section 16-114. Parking for purpose of repairing vehicle.
No person shall park a vehicle on any street for the principal purpose of repairing such vehicle, except for repairs necessitated by an emergency.
Section 16-115. Backing to curb.
No vehicle shall be backed up to a curb, except that, in the loading zone on the north side of Middlebrook Avenue, from its intersection with South Augusta Street for a distance of 76.45 feet, vehicles may be backed to the curb for loading and unloading purposes only; provided, that between the hours of 8:00 a.m. and 6:00 p.m., no vehicle may remain backed to the curb for loading and unloading purposes in such zone for more than two (2) consecutive hours, unless an emergency permit is obtained from the chief of police. In issuing such emergency permit, the chief of police shall consider, among other things, the danger, if any, to perishable goods, if such permit is not issued. (Code 1964, § 15-117)
Section 16-116. Sale of merchandise from vehicle parked in business district.
(a) It shall be unlawful for any person to sell any merchandise from any vehicle while such vehicle is parked upon any street in a business district.
(b) A violation of this section shall constitute a Class 4 misdemeanor.
(c) This section shall not apply to any sale lawfully made pursuant to the provisions of article VI of this chapter. (Code 1964, § 15-120)
Cross reference - Penalty for Class 4 misdemeanor, § 1-10.
Section 16-117. Use of city parking lots for commercial purposes.
It shall be unlawful for any person to use any part of any parking lot belonging to or operated by the city for the purpose of parking or storing thereon any motor vehicle for commercial purposes. The storing or parking of each such motor vehicle on any such lot shall be regarded as a separate offense under this section.
Section 16-118. Charge for parking in city-owned parking facility.
(a) The rate for parking in a city-owned attendant-operated parking lot shall be as established by the city manager, with the approval of the council.
(b) It shall be unlawful for any person to remove a vehicle from a city owned parking facility before paying the attendant the full amount due for the parking of such vehicle or presenting to the attendant a properly validated ticket; provided, however, if no attendant is on duty at the time of such removal of a vehicle, the person removing the same shall, within forty-eight (48) hours after such removal, pay the attendant at such parking facility the amount due for the parking of such vehicle, or present to the attendant a properly validated ticket. There shall be a prima facie presumption that any vehicle removed from a parking facility contrary to the provisions of this section was removed by the registered owner of the same. (Ord. of 12-9-99)
Section 16-119. Free parking on streets and in city-owned parking lots.
(a) The city manager may designate certain blocks or portions thereof and certain city-owned parking lots within the parking meter zones as free parking areas, subject to the time limitations and enforcement provisions contained herein pursuant to authority provided in Section 16-104.
(b) A time limitation of two hours is hereby established as the maximum limit for free parking as provided in this Section. (Ord. of 4-8-1993)
(c) Those veterans of military service in one of the branches of the armed forces of the United States who are former prisoners of war and/or who have been awarded the Purple Heart and whose vehicle has been issued license plates by the Commonwealth of Virginia bearing Purple Heart and/or Former POW designations may park such vehicle without charge at or in City streets, lots, or parking garages. Notwithstanding the foregoing, however, all other parking regulations and time limits herein contained shall be applicable to such vehicles. (Ord. of 5-13-1999)
Secs. 16-120-16-123. Reserved.
DIVISION 2. PARKING METERS*
*State law reference - Authority of city with respect to parking meters, Code of Virginia, § 46.2-1220.
Section 16-124. Establishment of meter zones.
(a) Parking meter zones in the city shall be such as are established by the city council or by the city manager, with the approval of the council.
(b) Nothing in this Code or the ordinance adopting this Code shall affect any ordinance establishing or designating parking meter zones and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. (Code 1964, § 15-157)
Section 16-125. Application of division to city parking meter lots.
City-owned parking meter lots shall be subject to the applicable provisions of this division. (Code 1964, § 15-175)
Section 16-126. Installation of meters and marking of parking spaces.
(a) It shall be the duty of the city manager to cause to be installed parking meters and to cause parking meter spaces to be designated in parking meter zones established in accordance with the provisions of this division.
(b) The city manager shall place or cause to be placed lines or marks on the curb or on the street about or alongside of each parking meter to designate the parking meter space for which such meter is to be used.
(c) Parking meters shall be placed upon the curb alongside of or next to individual parking places designated as herein provided. Each such meter shall be so set as to show or display a signal that the parking meter space assigned to it is or is not in use. (Code 1964, §§ 15-161, 15-162, 15-164)
Section 16-127. Specifications.
Each parking meter installed under this division shall be so set as to display a signal showing legal parking for the time specified on the meter, upon the deposit therein of the coin or coins of the United States of America indicated on the meter. Each such parking meter shall continue in operation from the time of depositing such coin until the expiration of the time fixed as the parking limit for the part of the street upon which the meter is placed. Each parking meter shall also be so arranged that, upon the expiration of the parking limit, it will indicate, by mechanical operation and proper signal, that the lawful parking period has expired. (Code 1964, § 15-165)
Section 16-128. Maintenance.
The city manager, or such other officers and employees of the city as he may select, shall provide for the regulation, control, operation and use of the parking meters provided for in this division and shall maintain such meters in good workable condition. (Code 1964, § 15-163)
Section 16-129. Rates and parking time.
The coins to be deposited in parking meters installed under this division and the length of time vehicles may be parked in parking meter spaces adjacent to which parking meters are so installed shall be in accordance with the legend appearing upon such meters. (Code 1964, § 15-158)
Section 16-130. Hours of operation.
From 9:00 a.m. to 5:00 p.m. each day, except Saturdays, Sundays and legal holidays recognized by the city council, parking meters in parking meter zones established under this division shall be regarded as being in operation and compliance with the provisions of this division concerning the deposit of coins and operation of such meters shall be required. (Code 1964, § 15-159; Ord. of 12-11-86; Ord. of 9-22-88)
Section 16-131. Required use of metered spaces.
In parking meter zones created in accordance with the provisions of this division, there shall be no parking except in parking meter spaces, except as otherwise specifically provided in this division. (Code 1964, § 15-160)
Section 16-132. Method of parking in metered space.
Any vehicle parked in a parking meter space designated pursuant to this division shall be parked with the hood of such vehicle along-side of or next to the parking meter for such space and within the lines marked on the street for such space. (Code 1964, § 15-169)
Section 16-133. Deposit of coin required; overtime parking generally.
(a) When any vehicle is parked in any parking meter space designated as provided in this division, the driver of such vehicle shall, upon entering the parking space, immediately deposit a coin of the United States of America, of such denomination as is indicated on the meter, in the parking meter alongside of or next to such space and such space may then be used by such vehicle during the time indicated on the meter. If such vehicle shall remain parked in such parking meter space beyond the parking limit, as indicated by the parking meter signal, such vehicle shall be considered as parked overtime and the parking of a vehicle overtime in any part of a street where any such meter is located shall be unlawful. It shall also be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name to be parked overtime or beyond the lawful period of time as herein described.
(b) The operator of any vehicle owned by the state, any political subdivision of the state or the United States, while engaged in governmental activity, may park such vehicle within parking meter zones designated pursuant to this division, for a period not to exceed fifteen (15) minutes, without being subject to the provisions of this section. (Code 1964, §§ 15-166, 15-173)
Section 16-133. Deposit of coins required; overtime parking generally.
(c) The operator of any vehicle that possesses a valid and current parking meter permit issued by the City may park such vehicle within the parking meter spaces regulated by ten hour limit parking meters placed within the parking meter zones designated pursuant to this division for an indefinite period without being subject to the provision of this section unless said parking requires special restriction as ordered by the Chief of Police. (Ord. of 10/24/91)
Section 16-134. Extension of time limit by deposit of additional coins.
It shall be unlawful for any person, except a police officer or parking enforcement officer carrying out a duly authorized courtesy ticket plan, to deposit or cause to be deposited in a parking meter any coin for the purpose of extending the parking time beyond twice the time fixed for parking in the parking meter space. (Code 1964, § 15-167; Ord. of 6-9-88; Ord. of 3/26/92)
Section 16-135. Parking when signal indicates that time has expired.
It shall be unlawful for any person to permit a vehicle to remain or be placed in a parking meter space alongside of or next to which any parking meter is placed while such meter is displaying a signal showing that such vehicle has already been parked beyond the parking time fixed for such space unless such vehicle is displaying a valid and current parking meter permit issued by the City and such parking meter space is regulated by a ten hour limit parking meter. (Code 1964, § 15-168; Ord. of 10/24/91)
Section 16-136. Purpose of required deposit.
The coins required to be deposited or the permit fees as provided in this division are hereby levied as police regulation and inspection fees to cover the costs involved in the inspection, installation, regulation, operation, control and use of the parking spaces and parking meters described in this division. (Code 1964, § 15-171; Ord. of 10/24/91)
Section 16-137. Reserving or blocking metered spaces.
(a) When reserving or blocking a metered parking space is required due to special loading or unloading requirements or nonconstruction service or repair work or other unique occasion, special authorization for this may be obtained and a bag cover will be provided which, when placed over the meter, will designate that space for special use. Such authorization shall be granted and such bag will be provided subject to the following conditions:
(1) Individuals or businesses shall pay a fee equivalent to ten (10) hours full utilization of the meter at the hourly rate indicated on the meter, plus a deposit for the bag which will be refundable upon timely return of the bag.
(2) Tax-exempt, nonprofit organizations will not be required to pay the hourly fee, but will be required to pay the refundable deposit.
(3) Special use blocking of a meter and space shall not be for longer than three (3) days, nor shall more than three (3) spaces be so blocked, except upon written application and approval by the chief of police.
(4) Fees may be paid and bags picked up from and returned to the police department during normal working hours.
(b) Only those vehicles for which the special parking authorization provided for in this section was obtained may be parked in the authorized space.
(c) When reserving or blocking a metered parking space is required due to construction, renovation or demolition, special authorization for this may be obtained from the city manager and a bag cover will be provided at no cost to the contractor or the developer. In such case, all other applicable requirements of this section remain in force. (Ord. of 9-13-90)
Section 16-138. Loading and unloading spaces in meter zones (including customer pickup zones).
(a) On each side of the street in each block of those streets designated as parking meter zones, the city manager, where it is practicable to do so, the public good is not infringed upon and there is no undue interference with the free movement of traffic, shall cause to be created a space for the loading and unloading of delivery vehicles and in such loading and unloading space there shall be no parking meter installed.
(b) Where a loading and unloading space is created pursuant to this section, the following regulations shall apply, between 8:00 a.m. and 6:00 p.m., with respect to the use of such space:
(1) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of materials, in such space and all delivery vehicles using such space shall be identified by the owner's or company's name in letters on both sides of the vehicle.
(2) If the time required to load or unload a delivery vehicle is over thirty (30) minutes, a special permit must be obtained from the chief of police.
(3) In such case where a customer pickup zone is created, no noncommercial vehicle may occupy this space in excess of fifteen (15) minutes for any purpose.
(Code 1964, § 15-172; Ord. of 6-9-88)
Section 16-139. Parking meter permits and ten hour limit parking meters.
In parking meter zones created in accordance with this division, there shall be parking meters which permit parking for a period up to ten hours. These meters shall function like all others and be subject to all applicable provisions of this division, except that a permit shall be established to allow unlimited parking at a ten hour parking meter without the deposit of coins. Such a parking meter permit shall be subject to regulations developed and administered by the City Manager with the consent of City Council. Such regulations shall include, but not be limited to, the number of permits to be issued, the fee for such a permit, the hours of permit applicability, and any other requirements deemed necessary and proper by the City Manager. (Ord. of 10/24/91)
Secs. 16-140--16-143. Reserved.
DIVISION 3. PARKING VIOLATIONS
Section 16-144. Police to report and make complaint.
In the event of a violation of the parking regulations set forth in this article, the police officer or parking enforcement officer charged with the duty of enforcing such parking regulations shall take the number of any parking meter involved in the violation in question, the state license number of the vehicle, the length of time during which the vehicle is parked in violation of this article and any other information or data pertinent to the violation in question and report the same to the police department and make proper complaint regarding such violation. (Code 1964, § 15-177; Ord. of 6-9-88)
Section 16-145. Notice to be attached to vehicle.
Each officer reporting a violation as provided in section 16-144 shall attach to the vehicle in question a notice to the owner thereof to the effect that such vehicle has been parked in violation of a provision of this article and instructing such owner when and where to report with reference to such violation. (Code 1964, § 15-178)
Section 16-146. Penalty-Generally.
In the event the violation indicated in the notice required by section 16-145 involves any of the following:
(1) Parking within twenty (20) feet of the curb line of an intersecting street;
(2) Stopping a vehicle on a crosswalk;
(3) Where parallel parking is permitted, parking so that any part of the vehicle extends beyond the interior of the delineated parking space or, in the case where parking spaces are not delineated, where the curbside wheel or wheels are more than twelve (12) inches from the curb.
(4) Parking on an angle;
(5) Parking within fifteen (15) feet of a fire hydrant;
(6) Parking or stopping with the left side to the curb, except on one-way streets;
(7) Parking in a prohibited zone;
(8) Parking in a loading zone;
(9) Parking in a manner to block the entrance to a driveway;
(10) Parking in a prohibited alley or blocking an alley;
(11) Double parking;
(12) Parking in a bus zone;
(13) Where angle or ninety-degree parking is permitted, parking so that any part of the vehicle extends beyond the interior of the delineated parking space or, in the case where parking spaces are not delineated, where the nearest wheel or wheels are more than twelve (12) inches from the curb;
(14) Parking on a sidewalk;
(15) Parking a noncommercial vehicle in a customer pickup zone in excess of the fifteen (15) minute time limit.
(16) Parking in violation of section 16-106 of this code; the owner or operator of the vehicle involved may, within twenty-four (24) hours of the time when such notice was attached to such vehicle, pay, as a penalty for, and in full satisfaction of, such violation, the sum of five dollars ($5.00) for each violation up to and including two (2) in number during any calendar month except a violation of section 16-106, in which case the sum of twenty-five dollars ($25.00) shall apply for each violation up to and including two (2) in number during any calendar month. Upon failure of such owner or operator to make such payment within such twenty-four-hour period, or upon the commission by him of a third or succeeding violation in any calendar month, such owner or operator shall be summoned to the appropriate district court for the city and, upon conviction, shall be punished by a fine of not less than ten dollars ($10.00) and not more than twenty-five dollars ($25.00). Not withstanding the foregoing, the commisssion of a third or succeeding violation in any calendar month of section 16-106 upon conviction, shall be punished by a fine of not less than fifty dollars ($50.00) and not more than one hundred twenty-five dollars ($125.00).
(Code 1964, § 15-180; Ord. of 11-23-82; Ord. of 6-9-88; Ord. of 12-17-92; Ord. of 10/26/95).
State law reference - Provision to be made for uncontested payment of parking citations, Code of Virginia, §§46.2-1225-46.2-1229. Provision for use of notice and summons, Code of Virginia, §§19.2-76.2; 19.2-76.3; 46.2-941.
Section 16-147. Same - Meter violations.
(a) In the event of a parking violation hereunder involving overtime parking, either parking beyond the time limit of a metered space or beyond the time limits provided in Section 16-119(b), a courtesy ticket may be issued to the vehicle owner / operator allowing the owner / operator to deposit the sum of twenty-five cents ($0.25) in the receptacles placed in the vicinity for such purpose, in lieu of any other penalty provided for such violation.
(b) Notwithstanding the foregoing, however, in the event a vehicle is overparked as set forth above and remains in violation for thirty (30) minutes measured from the time a courtesy ticket is issued with respect thereto, a second ticket may be issued for such violation affixing a penalty of three dollars ($3.00) for such violation if paid by the owner / operator within ten (10) days by deposit in the receptacles placed for such purpose, or by otherwise paying the same to the Treasurer for the City of Staunton.
(c) Upon failure of such owner or operator to make such payment within such ten (10) day period, an additional charge of five dollars ($5.00) shall be considered due and payable in addition to the original penalty thus creating an administrative penalty to compensate the said city for its efforts to notify the owner or operator of such vehicle that a summons to appear in the appropriate district court for the city shall be issued for the prosecution of the violation indicated through the aforementioned notice unless said violation and penalty is paid to and received by the Treasurer for the City of Staunton in ten (10) days.
(d) Upon failure of such owner or operator to make such payment within such ten day period, or upon the commission by him of a third or succeeding violation in any calendar month, such owner or operator may be summoned to the appropriate district court for the city and, upon conviction, shall be punished by a fine of not less than ten dollars ($10.00) and not more than fifty dollars ($50.00). (Code 1964, § 15-179; Ord. of 4-25-85; Ord. of 4-13-89; Ord. of 4-8-93)
Section 16-148. Notice prerequisite to issuance of summons.
Notwithstanding any other provision of this article, before any summons shall be issued for the prosecution of a violation of any provision of this Code or other city regulation or ordinance regulating parking, the violator shall have been first notified, by mail directed to his last known address or to the address shown for such violator on the records of the state division of motor vehicles, that he may pay the fine provided by law for such violation, within ten (10) days of receipt of such notice, and the authorized person issuing such summons shall be notified that the violator has failed to pay such fine within such time. The notice to the violator required by the provisions of this section shall be contained in an envelope bearing the words “Law-Enforcement Notice” stamped or printed on the face thereof in fourteen (14) point or larger type. (Code 1964, § 15-15-1; Ord. of 4/8/93; Ord. Of 1/13/2000)
State law reference - Similar provisions, Code of Virginia, § 46.2-941.
Section 16-149. Presumption in prosecutions.
In any prosecution charging the violation of any ordinance, rule, regulation, restriction or prohibition governing the parking of a vehicle in the city, proof that the particular vehicle described in the summons was parked in violation of such ordinance, rule, regulation, restriction or prohibition, together with proof that the defendant named in the summons was, it the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked such vehicle at the place where, and at the time during which, such violation occurred. (Code 1964, § 15-174)
State law reference - Similar provisions, Code of Virginia, § 46.2-1220.
Section 16-150. Removal or immobilization of vehicles against which there are outstanding parking violation notices.
(a) Whenever any motor vehicle, against which there are three (3) or more outstanding unpaid or otherwise unsettled parking violation notices, is found parked on the public streets or public grounds in the city, such vehicle may, by towing or otherwise, be removed or conveyed to a place in the city designated by the chief of police for the temporary storage of such vehicle, or such vehicle may be immobilized in such manner as to prevent its removal or operation except by authorized officers of the police department. Such removal, conveyance or immobilization shall be by, or under the direction of, an officer of the police department.
(b) It shall be the duty of the officer of the police department removing or immobilizing a motor vehicle under this section, or under whose direction such vehicle is removed or immobilized, to inform, as soon as practicable, the owner of the removed or immobilized vehicle of the nature and circumstances of the prior unsettled parking violation notices, for which or on account of which such vehicle was removed or immobilized. In any case involving immobilization of a vehicle pursuant to this section, there shall be placed on such vehicle, in a conspicuous manner, a notice warning that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage thereto.
(c) The owner of a vehicle immobilized pursuant to this section, or other duly authorized person, shall be allowed not less than twenty-four (24) hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of the vehicle within this time period may result in the removal of such vehicle to a storage area for safekeeping under the direction of an officer of the police department.
(d) The owner of a vehicle removed or immobilized pursuant to this section, or other duly authorized person, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was removed or immobilized and by payment of all reasonable costs incidental to the immobilization, removal and storage of the, vehicle and the efforts to locate the owner of the vehicle. Should such owner fail or refuse to pay such fines and costs, or should the identity or where-abouts of such owner be unknown and unascertainable, such vehicle may be sold pursuant to the provisions of article VII of this chapter.
State law reference - Authority for above section, Code of Virginia, § 46.2-1216.
DIVISION 4. RESIDENTIAL PERMIT PARKING BLOCKS AND DOWNTOWN PERIMETER PERMIT PARKING BLOCKS.
Section 16-151. Purpose and Intent.
The City Council hereby finds and declares that this Ordinance should be enacted to allow imposition of on-street parking restrictions in certain designated areas of the City through the creation of residential permit parking blocks, downtown perimeter permit parking blocks, generally called restricted parking blocks. Such restrictions are needed in order to reduce or prevent congestion and hazardous traffic conditions in residential areas, to protect those areas from polluted air, excessive noise, and other adverse environmental impacts of automobile commuting, to protect the residents of these areas from unreasonable burdens in gaining access to their property, and to preserve the residential character of such areas and the property values therein.
Section 16-152. Definitions.
Certain words and phrases in this Ordinance and its related regulations, shall be defined as follows:
A) "DOWNTOWN PERIMETER PERMIT PARKING BLOCK" means a predominantly residential block or blocks that borders the central business district, that can be considered as adversely effected by commuter vehicles pursuant to Section 16-151 of the City Code, and is approved as such by City Council.
B) "RESIDENTIAL PERMIT PARKING BLOCK" means a residential block or blocks that can be considered as adversely effected by commuter vehicles pursuant to Section 16-151 of the City Code and is approved as such by City Council.
C) "AFFECTED HOUSEHOLD" means a dwelling unit located in a one or two family structure with an address on a public street within an existing or proposed restricted parking block. It also means a dwelling unit located in a multi-family structure with an address on such a public street when that multi-family structure does not have sufficient off-street parking spaces to meet the City's minimum off-street parking requirements for new construction.
D) "BLOCK" means that portion of a City street between two inter sexing streets or, in the case of dead-end street, between the street's end and an intersecting street.
E) "COMMUTER VEHICLES" means those vehicles registered to persons who do not live in existing or proposed restricted parking blocks.
F) "RESIDENTIAL AREA" shall mean that portion of any City street running in front of and abutting property which has a residential use or uses.
G) "Restricted Parking Block" means any residential area (a block or group of blocks) so designated pursuant to the provisions of Section 16-153 of the City Code thereby implementing restricted on-street parking within that block.
Section 16-153. Parking in Certain Residential Areas Prohibited Without Permits.
The following areas of the City are hereby designated as permit parking blocks, within which it shall be unlawful for any motor vehicle to be parked in excess of two hours on a public right of way or street unless such vehicle shall properly display a parking permit validly issued in accordance with regulations adopted pursuant to this division:
A. DOWNTOWN PERIMETER PERMIT PARKING BLOCKS
1. East Beverley Street from its intersection with Market Street, through its intersection with North Coalter Street, to its intersection with Berkley Place.
2. Kalorama Street from its intersection with Market Street to its intersection with South Coalter Street.
3. Church Street on its west side from its intersection with West Johnson Street to its intersection with West Beverley Street.
4. West Frederick Street from its intersection with North Lewis Street to its intersection with North Washington Street.
5. North Lewis Street from its intersection with West Frederick Street to its intersection with the driveway of the Holiday Inn Court.
6. North Augusta Street from its intersection with Frederick Street to its intersection with Academy Street.
7. North New Street from its intersection with East Frederick Street to its intersection with Prospect Street.
8. South Coalter Street from its intersection with East Beverley Street to its intersection with Kalorama Street.
9. Berkley Place from its intersection with East Beverley Street to its intersection with North Coalter Street.
10.The east side of South Market Street from its intersection with East Beverley Street to its intersection with Kalorama Street. (Ord. of 5/26/94)
B. RESIDENTIAL PERMIT PARKING BLOCKS
1. Sycamore Street from its intersection with North Coalter Street to its termination point.
2. North Market Street from its intersection with Academy Street to its intersection with Prospect Street. (Ord. Of 3/12/98)
The streets designated as boundaries in Section 16-153 A and B shall be considered to be portions of such blocks.
Section 16-154. Vehicle Permits and the Regulation of Restricted Parking Blocks
There is hereby established the regulatory details pertaining to the permitting of resident vehicles and their guests in the Restricted Parking Blocks. The various regulatory measures for the residential and downtown perimeter parking blocks can be amended by City Council. The establishment of these regulatory measures shall not restrict or prohibit the City Manager's authority to implement processes or procedures for implementing these requirements or the authority for the City Manager to regulate traffic and parking as specified in Section 16-9 and Section 16-104 of the City Code.
Section 16-154.1 Vehicle Permits, Number, Categories, Terms, Eligibility Criteria, and Fees
A) Vehicle Permits
1. Each vehicle registered to the resident of an affected household within a restricted parking block may be assigned a permit upon application by the registered owner.
2. Each vehicle not registered to the resident of an affected household but which vehicle is for the exclusive use of such resident may be assigned a permit upon application by such resident who shall be required to show proof of such use.
3. Notwithstanding the above provisions, no more than five vehicle permits shall be issued to any affected household, rooming house, or other multi-family structure within a restricted parking block unless the curb frontage allocable to such household or structure shall be more than five car lengths, in which case the larger number shall be used. For the purpose of calculating the number of permits to which such household shall be entitled, curb-parking restrictions shall be disregarded, but driveways shall not be included, and a curb length of 20 feet shall be assumed for each parking space.
B) Guest Permits
1. Upon application, two Guest Permits shall be issued for each affected household in a restricted parking block. A rental unit without a full kitchen, such as a room and bath, shall not qualify as an affected household under this paragraph. The Guest Permits for each affected household shall be issued to the owner of the household, but the owner may assign his permit to the tenant or occupant of such residence.
2. Notwithstanding the last paragraph, no more than two Guest Permits shall be issued to any residential address, regardless of the number of dwelling units at such address, unless such address shall be eligible for a larger number of vehicle permits as determined in above.
C) General
1. All permits shall be issued for a period of 12 months beginning on April 15 for the fees established as follows:
a) For each vehicle permit, $5.00 per year.
b) For each Guest Permit, $1.00 per year.
c) Except as otherwise noted, permits are nontransferable.
2. A person who sells or otherwise disposes of a vehicle during the permit year may surrender his vehicle permit and apply for a new permit for his newly-acquired vehicle. The fee is $.50.
Section 16-154.2 Affected Area, Hours
A) The City Council shall designate residential permit parking blocks and downtown perimeter permit parking blocks where permit parking may be implemented as a method to control parking. There may be as many different permit blocks as Council deems necessary.
B) The Department of Public Works and/or Police Department may recommend the specific residential blocks or portions thereof which will be designated as restricted parking blocks for approval by the City Manager and consideration by City Council. (Ord. of 1/11/96)
C) Permit parking restrictions, where and when established, shall be applicable only to residential frontage, but not to frontage allocable to commercial, public, or special uses, and parking adjacent to such uses shall be unrestricted unless otherwise restricted by the traffic regulations or by authority of the City Manager. Said restrictions will be requested by the owner or operator of the commercial, public, or special use property.
D) A valid downtown perimeter parking permit shall be displayed on each vehicle parked within the downtown perimeter parking blocks above, between the hours of 8 a.m. and 5 p.m., Monday through Friday, except holidays. A valid residential parking permit shall be displayed on each vehicle parked within the residential permit parking blocks 24 hours a day, seven days a week, except holidays; except that the operator of a commercial vehicle may so park in both blocks while actually engaged in business at a residential address within or reasonably near to a designated restricted parking block. For the purposes of these regulations a "commercial vehicle" shall be any vehicle used in a business and clearly identified with the name of the business affixed to the vehicle. The burden of proof shall be on the operator of such commercial vehicle to show that he was actually engaged in business at a residential address within or reasonably near to a designated restricted parking block.
Section 16-154.3 Format, Display, Issuance of Permits
A) Permits shall be issued by the Office of the City Treasurer. The Treasurer shall maintain, open for public inspection, records showing for each permit, the permit number, the state and city license number of the vehicle for which the permit was issued, the name and address of the person to whom the vehicle is registered, and the name and address of the person for whose use the vehicle has been authorized if different from a person to whom registered. Each permit, including guest permits, shall bear a separate serial number.
B) The City Manager shall furnish the City Treasurer with a list of residential blocks which have been designated for permit parking, a list of those affected households, and the addresses eligible for additional permits as provided in Section 16-154.1A(3); and a list of those addresses not eligible for permits as provided in Section 16-154.1B(1).
C) Permits, except guest permits, shall be in the form of a decal to be displayed by attachment to the back of the interior rear view mirror so it is readily visible from the front of the vehicle.
D) Guest permits shall be prominently displayed by attachment to the interior rear-view mirror. Such permits shall be displayed only while the operator of the vehicle is a guest at the affected house hold to which the permit has been issued, or is employed and actually at work at such household; provided, however, that this paragraph shall not prohibit the temporary loan of guest permits from one affected household to another for the purpose of accommodating a large gathering of guests at a particular residence.
E) Guest permits, once lost, shall not be reissued within the same year. Vehicle permits may be redissued upon satisfactory written explanation and payment of additional fee.
F) Any person who knowingly allows a permit issued to a vehicle registered to him / her or authorized for use by another to be used in violation of these regulations shall have such permit revoked and shall be ineligible for a permit for any vehicle for a period of one year.
Section 16-155. Creation of New Permit Parking Blocks.
The City Council may from time to time delineate additional residential areas of the City as permit parking blocks. Council may create such new permit parking blocks by amending Section 16-153 of this Code. All permit parking blocks shall be delineated on the Official Residential Permit Parking Map.
Section 16-155.1 Implementation of a Restricted Parking Block
A) The Petition
Upon receipt of a petition by the City Manager which is signed by at least one member of at least 50% of the affected house holds of any block proposed as a permit parking block, the Director of Public Works will schedule and convene a hearing to consider the requested establishment of a restricted parking block. The purpose of such a hearing shall be to receive facts and testimony regarding the need for the parking restrictions requested. The Director of Public Works shall then schedule an on-street parking survey to be conducted for the proposed restricted parking block.
The petition referenced above shall be advisory in nature only and alleged defects in it, if any exist or are alleged, shall not be grounds for invalidating any restricted parking block that later may be implemented.
B) The Parking Survey
The on-street parking survey shall be conducted on at least three separate days at some time during the hours for which the restricted parking is being sought. The survey shall seek to determine whether at the time of the survey (1) at least 75% of the total number of on-street parking spaces in the proposed restricted parking block are occupied, and (2) whether at least 50% of the total number of on-street parking spaces in that block are occupied by commuter vehicles. The survey shall be conducted by City staff under the supervision of the Director of Public Works. The petitioner(s) shall also be present during the survey to interpret the parking patterns observed. This interpretation should attempt to differentiate between resident and commuter vehicles.
If the survey shows that the on-street parking spaces are so occupied (meeting both the 75% and 50% minimum occupancy test), the Director of Public Works shall certify this fact to the City Manager along with any recommendation the Director may have to whether the City Manager should recommend the implementation of restricted parking in the proposed restricted parking block. The Director's recommendation will include a proposed method to accommodate any business or commercial enterprise located in the proposed restricted parking block. The City Manager is at liberty to make a recommendation to City Council or seek additional information from staff prior to rendering a decision. (Ord. of 1/11/96)
C) Notice of Affected Households
Once a date has been set for City Council's consideration of the proposed restricted parking block, a letter from the City Manager shall be sent to the affected households and businesses within the proposed restricted parking block. It shall provide residents of those households and business owners information concerning the nature of the proposal and notify them of the date on which City Council will consider approving the new restricted parking block. This notification letter must be mailed at least ten days prior to the subject Council Meeting and shall invite comments and attendance by concerned individuals of the proposed restricted parking block.
D) Council Action
The City Council, by amendment to Section 16-153, may then establish permit parking for the block or blocks, in question. In establishing such a restricted parking block the Council shall consider, among other things, the following:
a) the purpose and intent of the permit parking ordinance,
b) the adverse impact that restricting parking in such block might have on nearby neighborhoods that do not have permit parking, and
c) the adverse impact that such restrictions may have on the nonresidents of the restricted parking block and their ability to find available parking near their place of work.
E) Notice After a New Restricted Parking Block Is Created
In the event that a Permit Parking Plan is approved for a residential block, the City Manager shall notify by regular mail the affected households of that fact, giving residents of those households notice of the effective date and times of the restricted parking and how to obtain permits, and also notify the representatives of all nonresidential properties within such block. Such nonresidential properties may be provided with parking meters, loading zones, or other restriction desired by the affected users and consistent with current City policies.
F) A Moratorium For One Year
In the event that a Permit Parking Plan is not approved for a residential block, the City Manager shall not be required to re-survey this block until one year has elapsed, unless in the opinion of the City Manager conditions have changed substantially.
G) Removing Permit Parking Restrictions
The signatures representing at least 75% of the affected households within a restricted parking block may be presented to the City Manager requesting removal of parking restrictions on an existing restricted parking block. If such restriction is eventually removed by Council, no request to re-install the restriction shall be acted upon until one year has elapsed. (Ord. of 1/11/96)
H) Signs To Be Posted
The City Manager shall have signs posted sufficient to give notice of the existence, effect, and limits of the restricted parking block. (Ord. of 11/14/91)
Secs. 16-156-16-160. Reserved.
ARTICLE VI. VEHICLES USED FOR VENDING ON STREETS
Section 16-161. Definitions.
As used in this article, unless the context otherwise clearly indicates, the following terms shall have the meanings ascribed to them by this section:
VENDING. - The sale of food, drink, ice cream or other frozen dessert to a retail customer within the right-of-way of any public street in the city.
VENDING VEHICLE. - Every motor vehicle used for the purpose of vending, as above defined. (Code 1964, §§ 15-278, 15-279)
Section 16-162. Exemptions from article.
The provisions of this article shall not apply to persons vending farm produce grown by the vendor. (Code 1964, § 15-288)
Section 16-163. Violations of article.
Any person who violates any provision of this article shall be guilty of a Class 4 misdemeanor. (Code 1964, § 15-289)
Cross reference - Penalty for Class 4 misdemeanor, § 1-10.
Section 16-164. Operation not to interfere with traffic.
No vending vehicle shall be operated in such manner as to interfere with or impede the flow of traffic on any street. (Code 1964, § 15-280)
Section 16-165. Signal lights required.
Each vending vehicle shall be equipped with four (4) amber signal lights, of a minimum diameter of four (4) inches, located on each corner of the top of the vehicle. All four (4) lights shall flash simultaneously while such vehicle is stopped for the purpose of making sales. (Code 1964, § 15-285)
Section 16-166. Use of noise-making devices.
No operator of a vending vehicle shall use any noise-making device for the purpose of attracting customers, except the sounding of bells, and such bells shall be used only while the vehicle is in motion from one regular stop to the next regular stop. (Code 1964, § 15-286)
Cross reference - Noise, Ch. 17.
Section 16-167. Trash disposal facilities.
Each vending vehicle shall be equipped with a receptacle for the disposal of wrappers, papers, containers and other trash and the driver of such vehicle, before he leaves for his next regular stop, shall ensure that no wrappers, papers, containers or other trash have been left on the sidewalk or street. (Code 1964, § 15-287)
Cross reference - Solid waste, Ch. 25.
Section 16-168. Manner of stopping for sales; location of customers; etc.
Whenever a vending vehicle is stopped for the purpose of making sales, it shall be stopped at the right-hand curb of the street, or if there is no curb, at the extreme right-hand edge of the pavement. No sales shall be made from any such vehicle to any person not standing on the sidewalk, or where no sidewalk has been installed, not standing off the paved roadway, except that sales may be made from the rear of the vehicle, if such vehicle is designed and constructed or altered to permit the same to be done. At such stops, the vehicle's engine shall be cut off, unless its operation is essential in producing the product sold. (Code 1964, § 15-283)
Section 16-169. Sales near schools.
No sales shall be made from a vending vehicle and no such vehicle shall be stopped for the purpose of making any sale within one hundred (100) feet of any public or private school property, without the annual written consent of the chief administrative official of such school permitting such activity. (Code 1964, § 15-281)
Section 16-170. Sales on streets with speed at over twenty-five miles per hour.
No sales shall be made from a vending vehicle on any street where posted speed limits are in excess of twenty-five (25) miles per hour. (Code 1964, § 15-282)
Section 16-171. maximum number of vehicles in one block.
Only one vending vehicle shall be used for making sales in any given city block at any one time. (Code 1964, § 15-284)
Section 16-172. Parking or stopping when not engaged in vending.
No vending vehicle shall be parked or stopped, except for emergency stops and those required by traffic conditions or traffic-control devices, on any street, when the operator thereof is not engaged in vending. (Code 1964, § 15-280)
Secs. 16-173-16-182. Reserved.
ARTICLE VII. ABANDONED VEHICLES*
*State law reference - Authority of city to adopt ordinance similar to this article, Code of Virginia, § 46.2-1201. See also, §§ 46.2-1213, 46.2-1217.
Section 16-183. Definitions.
For the purposes of this article, the following words and terms shall have the meanings ascribed to them by this section:
ABANDONED MOTOR VEHICLE. - A motor vehicle, trailer or semitrailer or any part thereof that:
(1) Is inoperable and is left unattended on public property for more than forty-eight (48) hours;
(2) Has remained illegally on public property for a period of more than forty-eight (48) hours; or
(3) Has remained, without consent, on private property, including, but not limited to, any commercial parking place, motor vehicle storage facility or establishment for the service, repair, maintenance or sale of motor vehicles, whether or not such vehicle was brought onto or left at such property with or without the consent of the owner or person in control of the property, for more than forty-eight (48) hours.
DEMOLISHER: - Any person whose business is to convert a motor vehicle, trailer or semi- trailer into processed scrap or scrap metal or otherwise to wreck or dismantle such vehicles.
TRAFFIC HAZARD: Any motor vehicle, trailer or semitrailer found on the public streets or grounds of the city, unattended by the owner or operator and constituting a hazard to traffic, or which is parked in such a manner as to be in violation of law. (Code 1964, § 15-290)
State law reference - Similar provisions, Code of Virginia, § 46.2-1200.
Section 16-184. City may take into custody; indemnity of city when vehicle removed from private property.
(a) The city may remove and take into custody any abandoned motor vehicle or any motor vehicle, trailer or semitrailer which is a traffic hazard. In this connection, the city may employ its own personnel, equipment and facilities or hire persons, equipment or facilities or firms or corporations who may be independent contractors for the purpose of removing, preserving and storing such vehicles.
(b) In the event an abandoned motor vehicle is on private property, the vehicle shall not be removed under this section, without the written request of the owner, lessee or occupant of such property. The person requesting the removal of such vehicle shall indemnity the city against any loss or expense incurred by reason of the removal, storage or sale of the vehicle. (Code 1964, § 15-291)
State law reference - Similar provisions, Code of Virginia, §§ 46.2-1213, 46.2-1217, 46.2- 1201.
Section 16-185. Notice of removal.
(a) When the city removes and takes into custody a vehicle pursuant to this article, it shall notify, within fifteen (15) days thereof, by registered or certified mail, return receipt requested, the owner of record of the vehicle and all persons having security interests therein of record, that the vehicle has been taken into custody. The notice shall set forth the year, make, model and serial number of the vehicle and the location of the facility where the vehicle is being held, inform the owner and any persons having security interests of their right to reclaim the vehicle within three (3) weeks after the date of the notice, upon payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, and state that the failure of the owner or persons having security interests to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner and all persons having security interests of all right, title and interest in the vehicle, and consent to the sale of the vehicle at public auction.
(b) If records of the state division of motor vehicles contain no address for the owner or no address of any person shown by such records to have a security interest, or if the identity and addresses of the owner and all persons having security interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the vehicle was found shall be sufficient to meet all requirements of notice pursuant to this section as to any person who cannot be notified pursuant to the provisions of subsection (a) of this section. Such notice by publication may contain multiple listings of motor vehicles removed under this article. Any such notice shall be within the time requirements prescribed for notice by mail and shall have the same contents required for a notice by mail.
(c) The consequences and the fact of failure to reclaim a motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section. (Code 1964, § 15-292)
State law reference - Similar provisions, Code of Virginia, § 46.2-1202.
Section 16-186. Sale.
(a) If a vehicle has not been reclaimed as provided for in section 16-185, the city or its authorized agent shall, notwithstanding the provisions of section 46.2-617 of the Code of Virginia, sell the vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership of others, shall receive a sales receipt at the auction and shall be entitled to, upon application therefor, pursuant the section 46.2-603 of the Code of Virginia, a certificate of title and registration card therefor. The sales receipt at such a sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking or dismantling and, in such case, no further titling of the vehicle shall be necessary.
(b) From the proceeds of the sale of a vehicle under this section, the city or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving and storing the vehicle, which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to section 16-185. Any remainder from the proceeds of sale shall be held for the owner of the vehicle or any persons having security interests therein, as their interests may appear, for ninety (90) days, and then shall be deposited into the treasury of the city. (Code 1964, § 15-293)
State law reference - Similar provisions, Code of Virginia, § 46.2-1203.
Section 16-187. Vehicles abandoned in garages.
(a) Any motor vehicle, trailer, semitrailer or part thereof left for more than ten (10) days in a garage operated for commercial purposes after notice by registered or certified mail, return receipt requested, to the owner to pick up the vehicle, or for more than ten (10) days after the period when, pursuant to contract, the vehicle was to remain on the premises, shall be deemed an abandoned motor vehicle and may be reported by the garage keeper to the city. All abandoned motor vehicles left in garages may be taken into custody by the city in accordance with section 16-184 and shall be subject to the notice and sale provisions contained in sections 16-185 and 16-186; provided, that if such vehicle is reclaimed in accordance with section 16-185, the person reclaiming such vehicle shall, in addition to the other charges required to be paid, pay the charges of the garage keeper, if any; and provided, further, that if such vehicle is sold pursuant to section 16-186, the garage keeper's charges, if any, shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction and the costs of towing, preserving and storing such vehicle, which resulted from placing such vehicle in custody, and all notice and publication costs incurred pursuant to section 16-185.
(b) For the purposes of this section, "garage keeper" means any operator of a parking place, motor vehicle storage facility or establishment for the servicing, repair or maintenance of motor vehicles.
State law reference - Similar provisions, Code of Virginia, § 46.2-1204.
Section 16-188. Disposition of inoperable vehicles.
Notwithstanding any other provisions of this article, or the provisions of section 46.2-617 of the Code of Virginia, any motor vehicle, trailer or semitrailer, or part thereof, which is removed by the city under this article and which is inoperable, and which, by virtue of its condition, cannot be feasibly restored to operable condition, may be disposed of to a demolisher, without title and without following the notification procedures prescribed by this article. The demolisher, upon taking custody of such motor vehicle, trailer or semitrailer, shall notify the state division of motor vehicles, on forms and in the manner prescribed by the commissioner of such division, and notwithstanding any other provision of law, no other report or notice shall be required in such instance. Such demolisher, in disposing of such vehicle, shall follow the provisions of section 46.2-1206 of the Code of Virginia. (Code 1964, §§ 15-294, 15-295)
State law reference - Similar provisions, Code of Virginia, § 46.2-1205.
Section 16-189. Article does not affect rights granted to private property owners by state law.
Nothing in this article shall be deemed to affect the rights granted by section 46.2-1208 of the Code of Virginia to the owner or person in control of any private property upon which a motor vehicle is abandoned.