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HomeMy Public PortalAbout2007_10_10_O019 Amending the TC Chapter 10 Stopping Standing and Parking The Town of Leesburg, ,__.lirginia PROPOSED: September 25.2007 ORDINANCE 2007-0-19 ADOPTED: October 10. 2007 AN ORDINANCE: TO AMEND AND REORDAIN ARTICLE VI (STOPPING, STANDING, AND PARKING) OF CHAPTER 10 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED The Council ofthe Town of Leesburg, Virginia, ordains as follows: SECTION I. That Article VI (STOPPING, STANDING, AND PARKING) of Chapter 10 (MOTOR VEHICLES AND TRAFFIC) of the Code of the Town of Leesburg, Virginia, 1976, as amended, be and the same is hereby amended to read as shown in Exhibit 1 attached hereto and incorporated herein. SECTION II. This Ordinance shall become effective upon the date and at the time of its "-- final passage. SECTION III. If any provision of this Ordinance is declared invalid, the decision shall not affect the validity of the Ordinance as a whole or any remaining provisions of the Ordinance. PASSED this 10th day of October 2007. Kristen C. mstattd, Mayor Town of Leesburg ATTEST: d 007 :ParkingArticle VI '--- EXHIBIT 1 DIVISION 1. GENERALLY Sec. 10-148. Parking regulations of mUBieipal Town mManager. (a) The Town municipal mManager may classifY vehicles viith referenee to parking and may designate the time, place and manner s:Heh in which vehicles may be allowed to park on municipal streets, and may make and enforce such additional rules and regulations as parking conditions may require; provided, however, that parking meter zones shall be as established by the Town Ceouncil. (b) When any parking regulation is established pursuant to this section, the Town municipal mManager shall cause to be erected appropriate signs or markers so that an ordinarily observant person, '.'filo may be affected by such regulation, will be aware of such regulation. (c) When any regulation is made pursuant to this s.s.ection and when appropriate signs or markers have been erected as required by this s.s.ection, it shall be unlawful for any person to violate any such regulation. State law reference: Code of Virginia, 1950, as amended, Section 46.2-1220 (Code 1963, S 13-2) .'-- See. 10 149. StOppiBg OR higwways geRerall)'. (a) No 'v'ehicle shall be stopped in such a manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency as the result of an accident or mechanical breakdown, in which case a report shall be made to the nearest police officer as soon us praoticable and the vehicle shall be removed from the roadway to the shoulder as soon as pos~;ible and removed from the shoulder \vithout unnecessary delay. If such vehicle is not promptly removed, such removal may be ordered by a police officer_ at the expense of the Olvner, if the disabled vehicle creates a traffic hazard. (b) No person shall leave any vehicle, attended or unattended, upon the paved, improved or main traveled portion of any high'Nay, outside of a business or residence district, when it is practicable to leave such ..'ehiele standing off the pa'ied, improved or main tra'v'eled portion of such highway. (c) Except upon one 'Nay streets and when actually loading or unloading merchandise, no vehicle shall be ::;topped except close to and parallel with the right hand curb. In no instaflce shall such vehicle be parked ',,,ith the near wheels farther than six inches from the curb. (d) No person shall park or store any vehicle, '...hether operative or inoperative, or attended or unattended, upon any highway for a continuous period of more than 120 hours. '- 1 (e) The provisions of this ~:;ection shall not apply to any vehicle ovmed or controlled by the state department of highways or the municipality while actually engaged in the construction, reconstruction or maintenance of highways. (Code 1963, ~ 13 99; Ord. No. 790 15, ~ 1,82279) State law refereBces: Similar provisions, Code of Virginia, ~ 16.1 218. Sec. 10-150. Parking prohibited in specific places; fine schedule and settlement of parking violations. (a) No person shall park a vehicle or permit it to stand, whether attended or unattended, except in compliance with the directions of a police officer or traffic-control device, in any of the following instances plaees: (1) Overtime parking; (2) Parking on or blocking sidewalk; (3) Parking so as to block a public or private driveway, alley, etc.; (4) Parking within 20 feet from the eHm intersection of curb lines. or if none, within 15 feet of the intersection of property lines at any highway intersection; (5) Parking within 15 feet of a fire hydrant; (6) Parking on a crosswalk or within 20 feet of a crosswalk at an intersection; (7) Parking within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; (8) Parking on yellow curb or in a marked safety zone; (9) Parking within a parking space reserved by appropriate sign for the handicapped persons with disabilities on public or private property or at privately o'.vned shopping centers and business offices, unless such vehicle displays a disabled parking license plate, organizational removable windshield placard, permanent removable windshield placard, or temporary removable windshield placard issued pursuant to Section 46.2-1241 of the Code of Virginia, 1950, as amended, or DV disabled parking license plate issued under Section 46.2-739(8) of the Code of Virginia, 1950, as amended the official handicapped motorist license plate or oard and such person has a disability that limits or impairs his ability to walk or such person is transporting a person with a disability that limits or impairs his ability to walk; (10) Parking within 15 feet of the entrance to any fire or rescue station or on the side of a street opposite the entrance to any fire or rescue station or within 75 feet of the entranoe when properly sign posted, or within 15 feet of the entrance to a plainly designated buildinf! housinf! rescue squad equipment or ambulances; (11) Parking or stopping on any street so as to obstruct traffic; (12) Parking on the roadway side of any vehicle parked at the edge of curb of a street; (13) Parking upon any bridge or other elevated structure upon a street or highway, or within a tunnel; (14) Parking, in no parking (prohibited) zone; "-- 2 (15) Parking across or on any line or marking painted on the street by the tIown to designate a vehicular parking space; (16) Parking in a public parking lot without authorization; (17) Parking in fire lane; (18) Parking commercial vehicle in residential zone in excess of two (2) hours; (19) Parking on street without license plates displayed; (20) Parking an inoperable vehicle on street not in nmning condition; (21) Parking on wrong side of street (left wheel to curb). (b) Except as otherwise provided, any person accused of parking a vehicle in violation of a provision of this aArticle or a regulation adopted under this aArticle may settle and compromise the claim against him for such illegal parking by paying to the Itown the sum indicated in the fine schedule below. Should any person accused fail to ~ settle the citation for illegal parking tielret within 15 calendar days of receipt, said penalty shall increase to double the original fine. If the citation violation remains unsettled after 30 calendar days from the_day of violation, a summons will mav be issued for the accused violator to appear in Loudoun County General District Court. This fine schedule does not restrict the fine a judge may impose if there is a court hearing. (c) Any person wishing to contest a parking citation shall notify the Town in writing on the appropriate form, within 15 days of receipt of the citation, and the Town shall certify the contest to the Loudoun County General District Court. (4e) Fine schedule: Violation Fine (1) Overtime parking. . . 10.00 (2) Parking on or blocking sidewalk. . . 30.00 (3) Parking so as to block a public or private driveway, alley, etc. . . 30.00 (4) Parking within 20 feet from the ef.aA: intersection of curb lines. or if none, within 15 feet of the intersection of property lines at any highway intersection. . . 30.00 (5) Parking within 15 feet ofa fire hydrant. . . 50.00 (6) Parking on a crosswalk or within 20 feet of a crosswalk at an intersection. . . 30.00 (7) Parking within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway. . . 30.00 (8) Parking on yellow curb or in a marked safety zone. . .30.00 (9) Parking within a parking space reserved by appropriate sign for persons with disabilities the handicapped on public or private property or at privately owned shopping centers and business offices, unless such vehicle displays a disabled parking license plate, organizational removable windshield placard, permanent removable windshield placard, or temporary removable windshield placard issued pursuant to Section 46.2-1241 of the Code of Virginia, 1950, as amended, or DV disabled parking license plate issued under Section 46.2-739(8) of the Code of Virginia. 1950, as amended the official handicapped motorist license plate or card and such person has a disability that limits or impairs his ability to walk or such person is transporting a person with a disability that limits or impairs his ability to walk. . . 200.00 "-. 3 '-- (10) Parking within 15 feet of the entrance to any fire or rescue station or on the side of a street opposite the entrance to any fire or rescue station or within 75 feet of the entrance "",'hen properly sign posted, or within 15 feet of the entrance to a plainly designated building housing rescue squad equipment or ambulances. . . 50.00 (11) Parking or stopping on any street so as to obstruct traffic. . .30.00 (12) Parking on the roadway side of any vehicle parked at the edge of curb of a street. . .30.00 (13) Parking upon any bridge or other elevated structure upon a street or highway, or within a tunnel. . . 30.00 (14) Parking in no parking (prohibited) zone. . .30.00 (15) Parking across or on any line or marking painted on the street by the town to designate a vehicular parking space. . . 30.00 -(6) Parking in a private parking lot without authorization ofthe lot OVffier . . .30.00 (1+Q) Parking in fire lane. . . 50.00 (1&1) Parking commercial vehicle in residential zone in excess of two hours. . .30.00 (19~) Parking on street without license plates displayed. . . 30.00 (~19) Parking an inoperable vehicle on street not in running condition. . . 30.00 (2-l-Q) Parking on wrong side of street (left wheel to curb) . . . 30.00 (2~1) Parking in violation of any provision of division 3 of this article. . . 30.00 (1) The Town shall cause a complaint. summons, or warrant to be issued to persons with delinquent parking citations. Any action to collect such unpaid parking citation penalties shall be commenced within three years of the date upon which such penalty became delinquent. '- State law reference: Code of Virginia, 1950, as amended, Sections 46.2-1220, 46.2-1225, 46.2- 1239,46.2-1242 (Code 1963, S 13-95; Ord. No. 77-0-19, S 1, 10-26-77; Ord. No. 79-0-19, S 1, 10-10-79; Ord. No. 81-0-29, S 1, 11-25-81; Ord. No. 82-0-3, S 1, 1-13-82; Ord. No. 84-0-35, S 1, 7-25-84; Ord. No. 90-0-36, 11-14-90; Ord. No. 98-0-20, S I, 8-11-98; Ord. No. 2005-0-4, S 1,2-8-05; Ord. No. 2005-0-6, S I, 3-22-05) Cross references: General prohibition against obstructing fire hydrants, S 11-6. Sec. 10-151. Prohibited for certain purposes. (a) It shall be unlawful for any person to park or place any automobile, truck, trailer, semitrailer or other motor vehicle upon or in any street, alley or parkway for the purpose of selling or offering the same for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer, semitrailer, or other motor vehicle parked in or upon any public street, alley or parkway of the tIown indicating that such vehicle is offered for sale or for rent. It shall also be unlawful to park any vehicle upon any street in a business_district from which any merchandise is being sold. .,-- 4 (b) It shall be unlawful for any person to stop a vehicle at any time upon a highway for the purpose of advertising any article of any kind, or to display thereupon advertisements of any article or advertisement for the sale of the vehicle itself. State law reference: Code of Virginia, 1950, as amended, Section 46.2-1220 (Code 1963, S 13-98) See. 10 152. .A...Rgle parl,iRg. Notwithstanding any of the provisions of this article, the town manager may, when in his discretion the public interest so requires, provide for angle parking on any street or portion thereof; provided, hO'N-eyer, such streets are marked so as to appraise an ordinarily observant person of the regalation. (Code 1963, ~ 13 101) Sec. 10-152.1. Parking of vehicle not powered by internal-combustion engine prohibited. No person shall park any vehicle not powered by an internal-combustion engine on the streets or highways of the tIown. State law reference: Code of Virginia, 1950, as amended, Section 46.2-1220 '.--. (Ord. of 6-11-75) See. 10 152.2. LimitatioR 08 parkiRg nhiele exeeediRg 7,800 pouRds C.V.W. No person shall park any vehicle exceeding 7,800 pounds G.V.'}l. on the streets or highways, in any residential, business or commercial area 'Nithin the to'lJIl for a continuous period of more than two hours at the same location. This section shall not be applicable to vehicles parked pursuant to the perfornlUI1ce of continuous v/ork, delivery or services to a residence, business or commercial establishment, in which case no such vehicle shall be parked for a period longer than ten hours, provided all other applicable sections of this Code are complied with. COrd. of 6 11 75) Sec. 10-152.3. Parking commercial vehicles on residential streets prohibited. No person shall park any commercial vehicle, except while loading or unloading or while involved in construction work or while performing services such as repair and/or installation of equipment, within or along any tIown street where the land abutting the street is classified as a residential district under the tIown's ~Zoning eOrdinance. For purposes of this section, a commercial vehicle is any vehicle with a gross vehicle weight exceeding 10,000 pounds. Code of Virginia, 1950, as amended, reference: Section 46.2-1220 5 ',,-- (Ord. No. 97-0-28, S I, 7-22-97) Sec. 10-152.4. Penalty for violation of 8~ection 10-152.1, 10-152.2 or 10-152.3. Every person convicted of a violation of s.s.ection 10-152.1, 10-152.2, or 10-152.3 shall be punished by subiect to a fine not to exceed of $25.00 for each offense. State law reference: Code of Virginia, 1950, as amended, Section 46.2-1220 (Ord. of6-11-75; Ord. No. 97-0-28, S I, 7-22-97) See, 10 153, BaekiRg to eurhs. No vehicle shall be backed up to a curb, except during the time actually engaged in loading or unloading merchandise therefrom. (Code 1963, ~ 13 100) Sec. 10-153. Shadn!! of a sin!!leparkine: space bv motorcycles A maximum of four motorcycles shall be allowed to park in a single parking space designated, marked, and sized for four-wheel vehicles. State law reference: Code of Virginia. 1950. as amended, Section 46.2-1220 Sec. 10-154. Manner of using loading zones. (a) Where a loading and unloading zone has been set apart established by the Town municipal mManager, the following regulations shall apply with respect to the use of such areas: (1) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a curb loading zone during hours when the provisions applicable to such zone are in effect. All deli'lery vehicles, other than regular delivery trucks, using such loading zones shall be identified by the owner's or company's name in letters three inches high on both sides of the vehicles. (2) The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers or bundles, when such stopping does not interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space. 6 (b) Where a passenger loading and unloading zone has been set apart established by the Town municipal mManager, the following regulations shall apply with respect to the use of such areas: '- (1) The driver of a passenger vehicle may stop temporarily in a space marked as a passenger loading zone for the purpose of, and while actually engaged in, loading or unloading passengers. (2) Use of a passenger loading zone is restricted to loading or unloading passengers only. Loading, unloading and delivery or pickup and loading of materials or bundles is not permitted within a passenger loading zone. (c) In no case shall the stop for loading and unloading of materials or passengers exceed thirty (30) minutes. State law reference: Code of Virginia, 1950, as amended, Section 46.2-1220 (Code 1963, ~ 13-102; Ord. No. 99-0-05,2-23-99) Sec. 10-155. Manner of using bus stops and taxicab stands. '-~ Where a bus stop or taxicab stand has been set apart by the Town municipal mManager, the following regulations shall apply as to the use thereof: No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of, and while actually engaged in, the expeditious loading or unloading of passengers, when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. State law reference: Code of Virginia, 1950, as amended, Section 46.2-1220 (Code 1963, S 13-103) See. 10 156. CeReral regulati8Rs go\'erRiRg prh'atepr8flerty. No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the ovmer thereof. Wheneyer signs or markings have been erected on any lot or lot urea, contiguous or adjacent to a street, thoroughfare or alley, indicating that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to dri',e a vehicle acros~; any curb or lot line or over any driveway from a street or alley into such lot or lot area for the purpose of standing orparking suoh vehiele, or for any person to stop, stand or park any vehicle in such lot or lot area. (Code 1963, S 13-97) Sec. 10-157. Parking or storing inoperative vehicles on property located within the tTown. 7 (a) Definitions. The following terms shall, for purposes of this article, have the meanings set forth below: -- (I) Motor vehicle or vehicle means any motor vehicle, trailer or semitrailer, or any part thereof, as defined in section 46.2-100, Code of Virginia (1950), as amended. (2) Inoperable motor vehicle means any motor vehicle which: (i) Is not in operating condition; (ii) For 60 or more days has been partially or totally disassembled, as evidenced by the removal of its wheels and tires, its engine, or one or more other components required for the operation of the vehicle; (iii) Does not display valid state license plates; or (iv) Does not display a valid state inspection decal. (3) Shielded or screened from view means that the vehicle, whether covered or uncovered, is not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. (b) Declared nuisance. The keeping by any person, firm or corporation, except within a fully enclosed building or structure or otherwise shielded or screened from view, of any inoperable motor vehicle on any private property in the town is detrimental to the public health, safety and welfare, and is hereby declared to constitute a public nuisance. (c) Unlawful to keep; exceptions. It shall be unlawful for any person, firm or corporation to keep on any private property in the town, an inoperable motor vehicle, unless it is located within a fully enclosed building or structure or is otherwise shielded or screened from view. It shall also be unlawful for any person, firm or corporation to keep on any private property in the town, more than one inoperable motor vehicle, located outside of a fully enclosed building or structure, which is shielded or screened from view. Notwithstanding the other provisions of this section, if the owner of such vehicle can demonstrate that he is actively restoring or repairing such vehicle and if it is shielded or screened from view, such vehicle and one additional inoperative motor vehicle that is shielded or screened from view being used for the restoration or repair may remain on the property. However, the provisions of this article shall not apply to a licensed business which is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. Nor shall the provisions of this article apply to any antique motor vehicle, as defined in section 46.2-100, Code of Virginia (1950), as amended, so long as a bona fide effort is being made to repair or restore the vehicle and it is shielded in a manner to protect it from the weather and to make it unsuitable for rodent harborage. (d) Removal of inoperable vehicle; remedies for failure to remove; costs. (1) The occupant, and if different the owner, of the private property on which an inoperable motor vehicle is being kept in violation of this article shall be provided a written notice of said violation. The notice shall be provided by a town employee designated by the town manager, shall be posted on the property and mailed, by first class mail, to the owner at the address maintained by the county's office of real estate '-- 8 assessments and to the occupant at the address of the property where the inoperable motorvehicle is located. The notice shall identify the inoperable vehicle, describe the conditions of the vehicle which render it inoperable and in violation of this article, and shall state that, unless the conditions are remedied by a specified date, which date shall be at least 10 days following the date on which the notice is mailed, the vehicle will be removed by the town to an impoundment facility. In the event that the inoperable vehicle remains on the property after the date specified in the notice, a town employee designated by the town manager, may remove the vehicle and place it in the town's impoundment yard or another impoundment facility. (2) Within five days of any removal under subsection (1), a town employee designated by the town manager shall provide a written notice to the owner at the address maintained by the county's office of real estate assessments and the occupant at the address of the property, from which the inoperable motor vehicle was removed and, if different, to the owner of record of the impounded vehicle. The notice shall be sent by registered or certified mail, return receipt requested, and shall state the following: (i) theyear, make, model and serial number of the impounded vehicle; (ii) the location of the impoundment yard where it is being held; (iii) that the owner of the vehicle and any person having a security interest in the vehicle may reclaim the vehicle within 15 days from the date of the notice, after the payment of all removal and storage costs resulting from the removal and storage of the vehicle, and after providing an assurance that the vehicle will be brought into compliance with this article; and (iv) that the failure of the vehicle owner to reclaim the vehicle within the time provided shall constitute both a waiver by the owner of all right, title and interest in the vehicle, and the owner's consent to the disposition of the vehicle by the town. If the inoperable vehicle is not reclaimed within the time specified in the notice, the town may dispose of the vehicle. (3) The costs incurred by the town in removing, storing and disposing of an inoperable motor vehicle in excess of any proceeds derived from the sale of the vehicle shall be assessable against the owner of the property from which the vehicle was removed, the occupant of the property on the date the vehicle was removed, and the owner of the vehicle, and may be collected as taxes and levies are collected. The costs assessed against the owner of the property from which the vehicle was removed shall constitute a lien against such property, and the lien shall continue until actual payment of the costs have been made. (e) Civil violation, penalty and reconsideration. (1) A person receiving a notice under section IO-157(d)(1) which describes the conditions of a motor vehicle that render the vehicle inoperable shall remove or otherwise remedy the conditions within the time period set out in the notice, and failure to do so shall constitute a violation of this section. Said violation shall be civil penalty of not more than $100.00 for the initial summons and not more than $250.00 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of '- 9 '- specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.00. (2) A town employee designated by the town manager may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the town department of finance prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. (3) If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. State law reference: Code of Virginia, 1950, as amended. Section 15.2-905 (Code 1963, S 13-104.1; Ord. No. 76-0-14, S 1,8-11-76; Ord. No. 84-0-3, S 1, 1-11-84; Ord. No. 2006-0-8, S I, 5-9-06) Sec. 10-158. Removal and disposition of vehicles unlawfully parked OR private or munieipal pro pert)' . --- lt shall be lawful for any owner, operator or lessee of any parking lot or parking area or space therein or part thereof: or of any other lot or building, including the municipality, to ha':e any motor or other vehicle occupying such lot, area, space or building or part thereof, 'without the penuission of such owner, operator, lessee or authorized agent of the one having the control of such premises, removed, by towing or otherwise, to a licensed garage for storage until called for by the owner or his agent;prO'.'ided that, notice of such action shall be first or simultaneously therewith given to at least one ofthe 10calla'N enforcement officers; provided further, that in the event of such remo'v'al and storage the owner of the vehicle involyed shall be chargeable \vith and such vehicle may be held for a reasonable charge for its removal and storage. This section shall not apply to police, fire or public health vehicles or 'Nhen a vehicle shall, because of a v,Teck or other emergency, be parked or left temporarily upon the property of another. (a) Notwithstanding Section 10-164, the Town, as owner, operator, or lessee of any parking lot, parking area, or parking space in a parking lot or area or any part of a parking lot or area, or of any other lot or building. may have any vehicle occupying the lot, area, space. or building without permission, removed by towing or otherwise to a licensed garage for storage until called for by the owner or his agent if there are posted at all entrances to the parking lot or area signs clearly and conspicuously disclosing that such vehicle, if parked without pem1ission, will be removed, towed, or immobilized. Such signs shall, at a minimum, include the telephone number 10 of the responsible towing and recovery operator to contact for information related to the location of vehicles towed from that location. (b) All businesses engaged in towing vehicles without the consent of their owners shall prominently display (i) at their main place of business and (ii) at any other location where towed vehicles may be reclaimed a comprehensive list of all their fees for towing, recovery, and storage services. or the basis of such charges. This requirement to display a list of fees may also be satisfied by providing, when the towed vehicle is reclaimed, a written list of such fees, either as part of a receipt or separately, to the person who reclaims the vehicle. Charges in excess of those posted shall not be collectable from any motor vehicle owner whose vehicle is towed, recovered, or stored without his consent. (c) Notwithstanding the foregoing provisions of this Section, if the owner or representative or agent of the owner of the trespassing vehicle is present and removes the trespassing vehicle from the premises before it is actually towed, the trespassing vehicle shall not be towed, but the owner or representative or agent of the owner of the trespassing vehicle shall be liable for a $25.00 fee, in lieu of towing. payable to the tow company. (d) In lieu of having a trespassing vehicle removed by towing or otherwise, the Town may cause the vehicle to be immobilized by a boot or other device that prevents a vehicle from being moved by preventing a wheel from turning, provided that the boot or other device does not damage the vehicle or wheel. The charge for the removal of any boot or device shall be $25.00. In lieu of having the vehicle removed by towing or otherwise. or in lieu of causing the vehicle to be immobilized, the Town may issue a notice of the violation of this section to the registered owner of the vehicle. (e) No towing and recovery business shall be required to also operate as or provide services as a vehicle repair facility or body shop, filling station, or any business other than a towing and recovery business. (n Towing and recovery operators shall do the following when removing a vehicle pursuant to this Section: (1 ) Obtain and retain photographs or other documentary evidence substantiating the reason for the removal: (2) Post signs at their main place of business and at any other location where towed vehicles may be reclaimed conspicuously indicating (a) the maximum charges allowed by the Town, if any, for all their fees for towing, recovery. and storage services and (h) the name and business telephone number of the Town official responsible for handling consumer complaints: and (g) In the event that a vehicle is towed from the Town and stored in or released from a location in another locality, the Town Code shall apply. 11 (h) This Section shall not apply to police, tire, or public health vehicles or where a vehicle, because of a wreck or other emergency, is parked or left temporarily on the property of the Town. '- State law reference: Code of Virginia, 1950, as amended, Sections 46.2-1231 and 46.2-1232 (Code 1963, S 13-106) State law referenees: Similar provisions, Code of Virginia, ~ 16.1 551. See. 10 158.1. DispositioR of iRoflerable abaRdoRed ~/ehieles. (n) As used in this section, the \.."ords "abandoned motor ':ehicle" mean a motor vehicle, trailer or semitrailer or part thereof that: (l) Is inoperable and is left unattended on public property for more than 18 hours; or (2) Has remained illegally on public property for a period of more than ~ 8 hours; fH' (3) Has remained without consent on private property, including but not limited to uny commercial parking place, motor vehicle storage facility, or establishment for the service, repair, maintenance or sale of motor vehicles, '.vhether or not such vehicle is brought onto or left at such property with or '.vithout the consent of the ovmer or person in control of the property for more than 18 hours. '-0.-- (b) Nohvithstanding any other provision of this chapter, or the provisions of Section 16.1 88 of the Code of Virginia, as amended, '""hen in the opinion of the chief of polioe, any abandoned motor vehicle, trailer, semitrailer or part thereof '.vhich is inoperable and 'Nhich, by virtue of its condition, cannot be feasibly restored to operable condition, may be disposed of to a demolisher, without the title and without the notification procedures, by the person, firm, corporation or political subdiyi~:;ion on \vhose property or in ','lhose possession such motor vehicle, trailer or semitrailer is found. The demolisher, upon taking custody of such motor ':ehic1e, trailer or semitrailer, shall notify the division of motor vehicles, on forms and in the manner prescribed by the commissioner and, nOhvithstanding any other provision oflaw, no other report or notice shall be required in such instance.(Ord. No. 82 0 5, ~ 1, 1 27 82) See, 10 159. LimitatioR OR liability of flersoR maiRtaiRiRg free parkiRg aeeommodatioRs. (u) No action shaUlie or proceeding be brought against any person conducting any business and maintaining a parking lot at '.vhich free parking accommodations are provided f-or customers or employees of such business, when a motor 'lehicle is parked in such parking lot, for the total or purtialloss of such motor vehicle by reason of theft or damage by any person other than an employee or for the total or partial loss of property left in such motor vehicle by reason of theft or damage by any person other than anemployee. '-." 12 (b) i\s used in this section, "free parking accommodations" mean~ parking accommodations for ...vhich no specific charge is made, and the patronage of the business by customers and the pert(mnance of the regular servioes for the business by employees shall not constitute the payment of any consideration for the use of the parking accommodations. - (c ) Nothing in this section shall relieve any person of liability resulting from his o'.vn wTOngdoing. (Code 1963, ~ 13 107) State law refereRees: Similar provisions, Code of Virginia, ~ 16.1 552. Sec. 10-160. Notice prerequisite to issuance of warrant. complaint. or summons for violation of parking regulations. ',---- Before any warrant, complaint, or summons shall be issueg for the prosecution of a violation of any Town parking Ordinance or regulation of the municipality regulating parking, the violator shall have been first notified by mail, at his last known address or at the address shown for such violator on the records of the Department of Motor Vehicles of the Commonwealth state division of motor vehicles, that he may pay the fine provided by law for such violation, within five days of receipt of such notice, and the authorized person issuing such warrant. complaint. or 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 s.s.ection, shall be contained in an envelope bearing the words "Law Enforcement Notice" stamped or printed on the face thereof in all capital letters, bold face type, no smaller than the print type size used for primary address on the envelope.,..ffi type at least one half inch in height. If "window" envelopes are used, the word "Law Enforcement Notice" shall be clearly visible through the window of the envelope. State law reference: Code of Virginia. 1950, as amended, Section 46.2-941 (Code 1963, ~ 13-26.1; Ord. No. 83-0-23, S 1, 6-22-83) State law refereRees: Similar provisions, Code of Virginia, ~ ~6.1 179.01. Sec. 10-161. Reserved. Sec. 10-162. Reserved. Sec. 10-163. Presumption that registered owner unlawfully parked vehicle. In any prosecution charging a violation of a Town parking Ordinance or regulation subject to settlement of any violation of this article, proof that the vehicle described in the complaint, summons, parking ticket citation, or warrant was parked in violation of such provision, regulation or rule Ordinance or regulation, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, as required by Title 16.1, Chapter 3 Section '--.- 13 '-. 46.2-600 et seq. of~ the Code of Virginia, 1950, as amended, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who committed the violation.parked the vehicle utthe place 'lvhere, and for the time during which, such ','iolation occurred. State law reference: Code of Virginia, 1950, as amended. Section 46.2-1220 (Code 1963, S 13-124; Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-164. Removal and disposition of unattended vehicles generally. '-- (a) Whenever any motor vehicle, trailer or semitrailer is found left unattended on ~tRe public highway streets or other public property grounds unattended by the o'.vner or operator and constitutes a hazard to traffic; or is illegally parked; in such manner as to be in violation of Imv or whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten days on public property upon any privately owned property other than the property of the owner of such motor vehicle, trailer or semitrailer, Vii thin the municipality, or is abandoned upon such pri','ately O\vned property, without the permission of the owner, lessee or occupant thereof,; or is immobilized on a public roadway by weather conditions or other emergency situation, any such motor vehicle, trailer or semitrailer may be removed for safekeeping by or under the direction of a police officer to a storage garage or area; provided, hO'.vever, that no such vehicle shall be so removed from privately owned premises witho,,!t the written request of the owner, lessee or occupant thereof. The person at \vhose request such motor vehicle, trailer or semitrailer is removed from privately ovmed property shall indemnify the tIo'.vn against any loss or expense incurred by reason of removal, storage or sale thereof. It shall be presumed that such motor vehicle, trailer or semitrailer, or part thereof, is abandoned if it lacks either a current license plate, or a current county, city or town; license plate or sticker, or a valid state safety inspection certificate or sticker.. and it has been in a specific location for tea four days without being moved. Each removal shall be reported immediately as promptly as possible to the p~olice dDepartment; and notice thereof shall begiven to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. (b) The owner of such vehicle or trailer or semitrailer, before obtaining possession thereof, shall pay to the tIown all reasonable costs incidental to the removal, storage and locating the owner of such motor vehicle, trailer or semitrailer. Should such owner fail or refuse to pay the cost or should the identity or whereabouts of such owner be unknown or unascertainable after a diligent search has been made, and after notice to him at his last-known address and to the holder of any lien of record in the office.ofthe Department of Motor Vehicles of the Commonwealth division of motor vehicles of this state against the motor vehicle, trailer or semitrailer, the vehicle may be treated as an abandoned motor vehicle in accordance with Chapter 12 of Title 46.2 of the Code of Virginia, 1950, as amended chief of police may, after holding the motor yehicle, trailer or ~:;emitrailer 10 days and after due notice of sale, dispose of the same at public sale und the proceeds from the sale shall be fonvarded by the chief of police to the tovm direotor of finance; provided, that if the value of such motor vehicle, trailer or semitrailer be determined by three disinterested dealers or garugemen to be less thatl $150.00 v..hich would be incurred by such advertising and public sale, it may be disposed of by private sale or junked. The tovm director of '-- 14 .'- finance shall pay from the proceeds of sale the cost of removal, storage, investigation as to ovmership and liens and notice of sale, and the balance of such funds shall be held by him for the o'.vner and paid to the ovmer upon satisfactory proof of ownership. (c) If no claim has been made by the owner for the proceeds of such sale, after the payment of the abcwe mentioned costs, the funds may be deposited to the general fund or any special fund of the town. ,^..ny such o'.mer shall be entitled to apply to the town within three years from the date of such sale and if timely application is made therefor, the town shall pay the same to the ovmer without interest or other charges. No claim shall be made nor shall any suit, action or proceedings be instituted for the recovery of such funds after three years from the date of such ~ State law reference: Code of Virginia. 1950, as amended, Section 46.2-1213 (Ord. No. 76-0-18, S 1,9-8-76; Ord. No. 80-0-14, S 2, 9-10-80) State law refereRees: Similar provisions, Code of Virginia, * 46.1 3. See. 10 IllS. ResideRtial permit parldRg. (a) The council hereby designates parking on Mayfair Driye to be restricted to the holders of permits. The manager shall cause appropriate signs giving notice of such restrictions to be posted on Mayfair Drive. Permits shall be granted to persons \vho reside on Mayfair Drive. Residents may receive one additional permit to distribute to visitors. '-- (b) The parking prohibitions of this section shall not apply to medico!, ser',ice or delivery vehicles which are being used to provide services or deliveries to dwellings on the restricted streeh (c) :\pplication for a permit required by this section shall be filed with the department of finance on forms provided for that purpose for each permit requested. Permit decals, to be provided by the town, shall be displayed on the rear ,<,,,indo...., of the '{ehide for which it has been issued. (d) Except as otherv;ise provided herein, it shall be unlawful for any person to park any vehicle on Mayfair Drive '.vithout the display of a pemlit in accordance '.vith this section. (e) Vehicle~; parked in violation shall be subject to being impounded. Card. No. 79 0 21, ~ 1, 10 2~ 79; Ord. No. 80 0 11, ~ 1,6 11 80; Ord. No. 82 0 1, ~ 1,1 13 82; Ord. No. 95 0 31, 12 12 95; Ord. No. 96 0 2, 1 16 96) Sec. 10-166. Removal or immobilization of motor vehicles for outstanding parking citations violatioRs. '"- 15 ,-. (a) Whenever there is found any motor vehicle, as defined in the Code for the State of Virginia, parked tipon the public streets or highways or public grounds,. ',yithin the town limits against which there are three or more outstanding or unpaid or otherwise unsettled parking violation notices, such vehicle may, by to\ving or otherwise, be removed or conveyed to a place within the Town of Leesburg or in an adiacent locality, as designated by the eChief of prolice,. for the temporary storage of such vehicle, or such vehicle may be immobilized in s:Heh~ manner as to prevent its removal or operation except by authorized offioers or members of the pQolice ofljcers department for the Town of Leesburg. Such removal, con'/eYWlce or immobilization of the vehicle shall be by, or under the direction of, a police officer n officer or member of said police department. (b) The police eQfficer, or member of the police department, removing or immobilizing such motor vehicle, or under whose direction such vehicle is removed or immobilized, shall inform as soon as practicable the owner of suchai4-vehicle of the nature and circumstances of the prior unsettled parking citations violation notices, for which or on account of \vhich, such the vehicle twas removed or immobilized. In any case involving immobilization of a vehicle pursuant to this section, there shall be placed on the vehicle thereon, in a conspicuous manner, a notice ef warning that the vehicle has been immobilized and that any attempt to remove the vehicle might result in damageit thereto. (c) The owner of s:Heh an immobilized vehicle, or other authorized person acting on his behalf, will- shall be allowed at least 24 hours from the time of immobilization to repossess or secure the release of the vehicle.:.,.aB:ti fEailure to repossess or secure the release of the vehicle thereof within thate--said time period may result in the removal of the vehicle to a storage area for safekeeping under the direction of a police eQfficer or member of the police department. '-- (d) The owner, or other person acting on his behalf duly authorized person, may repossess or secure the release of the said vehicle by the payment of the outstanding parking citations ...iolation 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 efforts to locate the owner of the vehicle. Should the owner fail or refuse to pay such fines and costs, or the identity or whereabouts of such owner be unknown andef unascertainable, the sale of said vehicle may be disposed of in accordance with Chapter 12 of Title 46.2 of the Code of Virginia, 1950. as amended shall be in accordance ',vith the procedures set forth in Section 16.1 3.02 of the 1950 Code of Virginia and any amendments thereto. State law reference: Code of Virginia, 1950, as amended, Section 46.2-1216 (Ord. No. 86-0-57, S 1, 11-26-86) Secs. 10-167--10-169. Reserved. 16 DIVISION 2. PARKING METERS* *Cross references: Fraudulent use of parking meters, S 11-24. State law references: Authority oftlown with respect to parking meters, Code of Virginia, 1950, as amended, ~ 16.1 252Section 46.2-1220. Sec. 10-170. Defined. For the purpose of this 4Division, the term~arking meter: -shall be taken to mean a mechanical or electronic device located or installed upon a public street or sidewalk or in a parking lot, in any place regularly designated as a parking meter zone under this aDivision, which device shall record a certain number of minutes, by the use of a clock mechanism, determining the period of time for which parking privileges may be extended to the person depositing a coin therein. Each parking meter shall indicate by proper legend affixed to the side of the meter containing the coin- slot the legal parking times established by the Town. and when operated shall at all times indicate the balance of legal parking time. and the expiration of such period shall indicate illegal or overtime parking. For the purpose of this Division. "parking meter zone" shall mean any restricted street. area, or lot upon which parking meters are installed and in operation. '- (Code 1963, S 13-110) Sec. 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones with the following time limits for lawful parking are established as follows: (a) For six-hour parking at anyone time: (1) The west side of Harrison Street, between the driveway to the Market Square South condominiums and the W &OD Trail; and (2) The east side of Harrison Street, between the fire hydrant located approximately 380 feet south of the centerline of Royal Street and Depot Court. (b) For four-hour parking at anyone time: (1) The eleven spaces at the northern end ofthe municipal parking lot located at the south end of Liberty Street. (c) For two-hour parking at anyone time: 17 '- (1) The south side of West Market Street, between the entrance to the Presbyterian Church parking lot and King Street, with the exception of the three spaces between Wirt Street and the entrance to the Town Hall Parking Garage.. which shall be 30 minutes at anyone time; (2) The two spaces on the east side of Wirt Street, immediately north of Market Street; (3) The west side of King Street, between North Street and Loudoun Street, with the exception of the space in front of 11 North King Street.. which shall be a loading zone; (4) The south side of East Market Street, between King Street and Church Street, with the exception of the two spaces in front of the post office which shall be 15 minutes at anyone time; (5) The north side of Loudoun Street, between Church Street and Wirt Street; (6) The west side of Harrison Street, between Loudoun Street and the driveway to the Market Square South condominiums; (7) The east side of Harrison Street, between Loudoun Street and the fire hydrant located approximately 380 feet south of the centerline of Royal Street, except the space in front of 306 Harrison Street.. which is not metered; and '- (8) The south side of Loudoun Street, between Harrison Street and East Market Street; and (9) The east side of King Street, between the driveway to 214 South King Street and a point 180 feet south of Royal Street. (d) For 30-minute parking at anyone time: (1) The east side ofWirt Street, between Loudoun Street and Market Street; (2) The south side of West Market Street, between Wirt Street and the entrance to the Town Hall Parking Garage; and (3) The east side of Harrison Street, between Loudoun Street and Market Street. (Code 1963, S 13-111; Ord. of 12-10-75; Ord. No. 76-0-15, S 1,8-11-76; Ord. No. 78-0-16, S 1, 8-25-76; Ord. No. 78-0-1, S 1, 1-11-78; Ord. No. 79-0-9, S 1,6-13-79; Ord. No. 85-0-29, S 1, 11- 27-85; Ord. No. 86-0-13, S 1,2-12-86; Ord. No. 86-0-51, S 1, 11-26-86; Ord. No. 87-0-17, S 1, 5-27-87; Ord. No. 88-0-31, S I, 9-13-88; Ord. No. 89-0-23, S I, 9-12-89; Ord. No. 90-0-20, S 1, 7-11-90; Ord. No. 90-0-29, S 1,9-26-90; Ord. No. 90-0-40, S 1, 12-12-90; Ord. No. 91-0-25, S 1, 6-25-91; Ord. No. 91-0-29, S 1,7-23-91; Ord. No. 91-0-44, S 1,9-24-91; Ord. No. 92-0-22,6-23- 18 92; Ord. No. 93-0-7, S 1, 1-26-93; Ord. No. 93-0-16, S 1,4-27-93; Ord. No. 94-0-07, S 1,4-12- 94; Ord. No. 95-0-34, 12-12-95; Ord. No. 96-0-9, S 1,3-26-96; Ord. No. 2001-0-25, S I, 12-11- 01; Ord. No. 2005-0-4, S I, 2-8-05; Ord. No. 2005-0-10, S I, 7-26-05; Ord. No. 2005-0-13, S I, 8- 9-05) Sec. 10-172. Marking of meter spaces and erection of meters. (a) On streets designated as in the parking meter zones established by this dDivision, the tIown shall cause separate parking meter spaces to be marked on the surface of the street or by other appropriate means and shall erect or cause to be erected a parking meter on the sidewalk or pavement adjacent opposite to each such marked parking meter space. (b) On parking lots owned by the tIown, the tIown shall cause separate parking meter spaces to be marked on the surface of such the parking area in question, or by other appropriate means" and shall erect or cause to be erected a parking meter adiacent to opposite each such marked parking meter space. (Code 1963, ~ 13-113) Sec. 10-173. Information to be given on meters. Each parking meter shalL on the side of the meter containing the coin-slot, display the following:The legend on u parking meter erected as provided in this division shall indicate: '''- (a) The denomination of the legal coin or coins of the United States to be deposited, as provided in this dDivision,:,; (b) The legal parking times established by the Town, in which the vehicle may be parked and the time when such period has elapsed,:,; {fLInformation as to the manner of operation" shall also be displayed on each parking meter. (Code 1963, ~ 13-114; Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-174. Vehicle to be parked entirely within marked space. It shall be unlawful for any person to park any vehicle across or on any line or marking designating a parking meter space marked as provided in this dDivision, or to park any vehicle in such way that the vehicle will not be wholly within the parking space, as designated by such lines or markings. (Code 1963, S 13-118) Sec. 10-175. When meters in operation. 19 Parking meters installed under the provisions of this dDivision shall be operated at all times between the hours of 8:00 a.m. and 5:00 p.m. on all days except Saturdays, Sundays and all legal holidays as established by Section 2.1 21 2.2-3300 of the Code ofVirginia-GOOe, 1950, as anlended. (Code 1963, S 13-112; Ord. No. 82-0-38, S 1, 12-8-82; Ord. No. 2005-0-4, S 1,2-8-05) Sec. 10-176. Deposit of coin; occupancy of metered space; etc. (a) The owner or operator of a vehicle, upon entering a parking meter space marked as provided in this dDivision'.vith his vehicle, during the time parking meters are in operation, as provided by s.s.ection 10-175, shall immediately deposit a legal coin or combination of coins of the United States in the parking meter situated adjacent at the side of !Q..the parking meter space so entered and shall operate the parking meter according to the instruction~ thereon. Failure to comply with such requirements shall be unlawful. However, vehicles displaying license plates with official Purple Heart or former P.O.W. designations shall be allowed to park at such metered parking spaces free of charge up to the posted time limit on the parking meter. A disabled person, vehicle owner, or volunteer for an institution or organization to which disabled parking license plates, organizational removable windshield placards, permanent windshield placards, or temporary removable windshield placards are issued or any person to whom disabled parking license plates have been issued under subsection B of S 46.2-739 of the Code of Virginia, 1950, as amended, shall be allowed to park the vehicle on which such license plates or placards are displayed for up to f()ur hours in a parking meter space and shall be exempted from paying parking meter fees. \'ehicles displaying official disabled motorist license plates or placards shall be allov/ed to park at such metered parking spaces free of charge for up to four hours. (b) Upon the deposit of a five-cent, ten-cent or 25-cent coin and placing the parking meter in operation, the parking meter space in question may be lawfully occupied during the period of time prescribed on the parking meter legend for the particular amount deposited. (c) Parking meters when properly operated shall be so adjusted that initial or additional five- cent, ten-cent or 25-cent coins may be deposited at any time throughout the allowed period, as long as the allowed limit is not exceeded by anyone vehicle occupying the same space. Unless otherwise stated in this Division ordinance, the deposit of each five-cent coin shall permit the vehicle to be parked for a period of six minutes; and the deposit of each ten-cent coin shall permit the vehicle to be parked for a period of 12.minutes; and the deposit of each 25-cent coin shall permit the vehicle to be parked for a period of 30 minutes. (d) Parking meters located where IS-minute maximum parking is permitted when properly operated shall be so adjusted that a deposit of a ten-cent coin shall permit the vehicle to be parked for a period of 15 minutes. (e) It shall be unlawful for the operator of a vehicle to park such vehicle, or to permit such vehicle to remain parked in a parking meter space, during the hours of operation of the parking meter pursuant to Section 10-175, daylight hours, except Saturday, Sunday and all legal holidays as established by Section 2.1 21 of the Virginia Code, in areas controlled by parking meters on ''''-' 20 streets in the town or parking lots operated by the to....,l for a period longer than the maximum time indicated on the meter from the time the vehicle is so parked in any such parking meter space ~. State law reference: Code of Virignia, 1950, as amended, Section 46.2-1245 (Code 1963, SS 13-115, 13-116; Ord. No. 76-0-15, S 2, 8-11-76; Ord. No. 84-0-31, S 2, 7-25-84; Ord. No. 86-0-7, S 1,2-12-86; Ord. No. 86-0-20, S 1,4-9-86; Ord. No. 86-0-52, S 1, 11-12-86; Ord. No. 91-0-58, S 1, 12-10-91; Ord. No. 99-0-11, S 1,4-27-99; Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-177. Overtime parking. If any vehicle shall remain parked in any parking meter space marked as provided in this aDivision, for such length oftime that the parking meter opposite or adjacent to such space shall indicate by a proper signal that the lawful parking period has expired, such vehicle shall be considered as being parked overtime. The parking of a vehicle overtime shall be unlawful. :whefl meters are so designated, giving notice thereof, no person shall park a ','ehicle for longer than the posted permitted time at any time beh'leen the hours designuted on such meter. (Code 1963, S 13-117) Sec. 10-178. Defacing, damaging, etc., meters. .cill...It shall be unlawful for any person to deface, tamper with, damage, open~ or willfully break, destroy or impair the usefulness of any parking meter erected pursuant to as provided in this aDivision. Any person violating this subection-Ull shall be punished as provided in s.s.ection 1-13 of this Code. (b) Any person who enters, forces or attempts to force an entrance into, tampers with. or inserts any part of an instrument into any parking meter, with intent to steal therefrom, shall for the first conviction thereof be guilty of a Class 1 misdemeanor, and for any subsequent conviction of a violation thereof shall be guilty of a Class 6 felony. (c) Any person who shall operate, cause to be operated, or attempt to operate or cause to be operated any parking meter that operates on the coin-in-the-slot principle, designed only to receive lawful coin of the United States of America, in connection with the use or enioyment of parking privileges or any other service, by means of a slug, or any false. counterfeit. mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever, not authorized by the Town; or who shall obtain or receive parking privileges or any other service from any such parking meter, designed only to receive lawful coin of the United States of America, without depositing in or surrendering to such parking meter lawful coin of the United States of America to the amount required therefor, shall be guilty of a Class 3 misdemeanor. (d) Any person who, with intent to cheat or defraud the Town with respect to operation of parking meters on the coin-in-the-slot principle, designed only to receive lawful coin of the 21 United States of America. in connection with the use of any such parking meter, or who. knowing or having reason to believe that the same is intended for such unlawful use, shall manufacture, sell, offer to sell, advertise for sale or give away any slug, device or substance whatsoever, intended or calculated to be placed or deposited in any such parking meter, shall be guilty of a Class 3 misdemeanor. The manufacture, sale, offer for sale, advertisement for sale, giving away or possession of any such slug, device or substance whatsoever, intended or calculated to be placed or deposited in any such parking meter that operates on the coin-in-the- slot principle, shall be prima facie evidence of intent to cheat or defraud within the meaning of this Section. State law reference: Code of Virginia, 1950, as amended, Sections 18.2-152, 18.2-179, 18.2- 180 (Code 1963, S 13-119) Cross references: General prohibition against damaging property, S 11-28. Sec. 10-179. Fteserved. Sec. 10-180. Fteserved. '-- 22 DIVISION 3. DOWNTOWN PARKING FACILITY State law reference: Authority of Town to provide and operate an off-street parking facility, Code of Virginia. 1950, as amended. Section 15.2-967 Sec. 10-181. Defined. For the purpose of this aDivision, the terms "tlown parking facility garage" and "off street parking facility," hereinafter referred to as "the garage" or "the facility," shall be taken to mean a building constructed upon public land designated for the purpose of providing for parking of automobiles. (Ord. No. 91-0-19,6-11-91; Ord. No. 2005-0-4, S 1,2-8-05) Sec. 10-182. Authority oftTown mManager to manage, control, operate, and maintain. The tIown mManager is hereby authorized to manage, control, operate and maintain the facility when placed into service. (Ord. No. 91-0-19, 6-11-91) ',-- Sec. 10-183. Hours of operation. The tIown mManager shall regulate the daily hours of operation. The facility shall be available for free parking Saturday and Sunday or at other times so designated by tlown ecouncil. (Ord. No. 91-0-19, 6-11-91) Sec. 10-184. Designation of parking spaces. The tIown mManager shall cause so many spaces within the facility as he may deem proper for monthly permit parking, and other spaces for other than monthly parking. (Ord. No. 91-0-19,6-11-91) Sec. 10-185. Establishment of designated parking spaces. Parking spaces within the facility shall be designated for the following purposes. (1) Town business. The tlown mManager shall designate a certain number of spaces, not to exceed ten spaces, as reserved for persons having business with the tlown provided the parking does not exceed 30 minutes. 23 (2) Official vehicles. The tIown mManager may designate a certain number of spaces, as reserved for parking of tIown-owned vehicles. (3) Permit parking. The tIown mManager shall designate a certain number of spaces, as reserved for persons holding valid long:term parking permits. The number of permit spaces may fluctuate according to non:permit usage of the facility. (Ord. No. 91-0-19, 6-11-91) Sec. 10-186. Parking generally. No automobile shall be parked in the facility, except in a space designated or marked off as a vehicle parking space, and no part of an automobile shall occupy more than one space. No automobile shall be parked in a space designated for special purposes unless meeting the requirement for such use. In no event shall a vehicle be parked for more than 72 hours- hou.!'2-!Yi1hol!.t obtaini1}g..ill2J21"Oval from the Town Manager for a longer period oftime. (Ord. No. 91-0-19, 6-11-91; Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-186.1. Parking prohibited in specific places in the facility. No automobile shall be parked in the facility: (a) On or blocking a sidewalk or area of pavement marked as a pedestrian crosswalk; -- (b) In such a way as to block any access, aisle way, ramp in between floors, or service entrance, create a hazard to public safety or impede construction or maintenance requirements; (c) In any area where such parking would obstruct construction, traffic, or prevent tIown services 4fe.m--being provided or Town business conducted; (d) In an area for which "No Parking" or other restrictive signs or traffic control devices are erected. (Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10 186.2. Display of lieeRse plates. All vehicles parked in the facility shall display a current license plate und'v'alidation sticker in compliunce \vith the applicable laws of the state or commonwealth and to '0','11 , city, or county in which the vehicle is titled. Such licen~;e plates mu~;t be displayed in the manner required by the state~ or commomvealth issuing ~;uch plates. COrd. No. 2005 0 4, ~ I, 2 8 05) 24 Sec. 10-186.3. Prohibited vehicles. Due to space limitations, the facility cannot allow limousines, trailers or extended length vehicles to be parked. Trailers or extended length vehicles owned by the tIown or a contractor hired by the tIown to conduct tIown business are permitted for the duration of the tIown project. (Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-186.4. Penalty for violation of dDivision. Except as otherwise provided, any person accused of parking a vehicle in violation of any provision of this dDivision may settle and compromise or contest the citation issued to laim against him for such tHegal unlawful parking by paying to the tIown the sum indicated in s.s.ection 10-150 of the Town Code. (Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-186.5. Removal and disposition of vehicles unlawfully parked in the facility. Vehicles parked in violation of the provisions of this dDivision may be removed from the facility in accordance with s.s.ection 10-158 of the Town Code. (Ord. No. 2005-0-4, S I, 2-8-05) '-- See. 10 18(J,6. IRopersble aRd abaRdaRed yehieles. Inoperable and abandoned '1ehieles parked in the facility shall be handled in accordance with s~ection 10 158.1 of the Town Code. (Ord. No. 2005 0 1, ~ I, 2 8 05) Sec. 10-187. Parking fees for spaces rented on other than a monthly basis. During the hours of operation On Monday through Friday, the first hour of parking shall be free. After the first hour of continuous parking, the fee shall be $0.50 for each hour or part thereof, for the next four hours of continuous parking and $1.00 for each hour or part thereof after the first five hours of continuous parking, provided, however, that the maximum charge for continuous parking for any period of time up to 24 hours shall not exceed $5.00. (Ord. No. 91-0-19,6-11-91; Ord. No. 92-0-29, S 1, 7-28-92; Ord. No. 97-0-14, S I, 5-13-97; Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-188. Parking fees for spaces rented on a monthly basis. 25 -- The parking fees for spaces in the facility permitted on a monthly basis shall be $60.00 per month for each reserved space and $40.00 per month for each unreserved space. Reserved spaces shall be available for general public parking after 5:00 p.m. Monday through Friday and all day on Saturdays, Sundays and all legal holidays as established by Section 2.1 21 2.2.3300 of the Code of Virginia, 1950, as amended Gede. (Ord. No. 91-0-19,6-11-91; Ord. No. 94-0-4, 1-11-94; Ord. No. 2001-0-20, S I, 9-25-01; Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-189. Parking without paying fee. It shall be unlawful for any person to park any vehicle, or cause, allow, or permit any vehicle to be parked within the facility, without payment of the applicable parking fee prescribed in this ElDivision. (Ord. No. 91-0-19, 6-11-91) Sec. 10-190. Destruction or misuse of equipment. '- It shall be unlawful for any person to deface, tamper with, damage, destroy, or impair the usefulness of any equipment or fixtures erected on or affixed to the facility. Any person violating this section shall be punished as if guilty of a Class 1 misdemeanor, as defined in Section 18.2 11 of the Code of Virginia (1950), and as provided in Chapter 1, s.s.ection 1-13 of the Town Code of the tOVIll. (a) Dumping of garbage/refuse into town receptacles. The trash receptacles provided by the ilown within the facilitytown parking garage are provided for individual convenience and shall not be used as a substitute or complement to commercial or residential trash collection service. The bulk dumping of commercial or residential garbage into such the trash receptacles proyided by the to',VB in the to",m parking garage shall be prohibited. (Ord. No. 91-0-19,6-11-91; Ord. No. 2005-0-4, S 1,2-8-05) Sec. 10-190.1. Speed and direction of vehicles. No person shall drive a vehicle within the facility in excess of !We ten miles per hour, and no person shall drive a vehicle in a direction except that which is designated. (Ord. No. 91-0-19,6-11-91) Sec. 10-190.2. Nonmotorized vehicles. No person shall operate a nonmotorized vehicle of any type within the facility. (Ord. No. 91-0-19,6-11-91) Sec. 10-190.3. Parking validation program. 26 '- The tIown mManager is hereby authorized to implement a business validation program by which a participating business can reduce the parking fee for a customer by affixing a stamp, having a face value equivalent to the cost of one hour's parking, to the parking ticket, and to cause validation equipment and supplies to be issued to persons or businesses participating in the validation program. (Ord. No. 91-0-19, 6-11-91; Ord. No. 2005-0-4, S I, 2-8-05) Sec. 10-190.4. Authority oftTown mManager to temporarily waive fee or establish special parking fees for holidays, special events, or heavy storm or catastrophe. The tIown mManager is hereby authorized to temporarily rescind the parking fees set forth for spaces rented on other than a monthly basis in the event of a heavy snow storm or major catastrophic event to facilitate the removal of snow or debris from tIown streets, and to establish alternative rates or waive fees in the case of special events or special circumstances. (Ord. No. 91-0-19, 6-11-91) Sec. 10-190.5. Reserved. Sec. 10-190.6. Town employee parking. ',,-- The tIown mManager may designate spaces on the top level of the facility for use by tIown employees at no charge. The tIown mManager is authorized to reduce or eliminate tIown employee parking at any time based on the need for additional paid parking. (Ord. No. 91-0-53, 11-26-91; Ord. No. 2005-0-4, S 1,2-8-05) "-- 27 DIVISION 4. PERMIT PARKING ZONES '~.- State law reference: Authority of Town to issue parking permits, Code of Virginia, 1950. as amended. Section 46.2-1230 Sec. 10-190.7. Intent and purpose. The tIown eCouncil finds and declares that the provisions of this dDivision are enacted for the following reasons: (a) To reduce hazardous traffic conditions resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential districts; (b) To protect these residential districts from polluted air, excessive noise, and refuse caused by the entry of such vehicles; (c) To protect the residents of these residential districts from unreasonable burdens in gaining access to their residences; (d) To preserve the character of these districts as residential districts; (e) To promote efficiency in the maintenance of streets in these residential districts in a clean and safe condition; (1) To preserve the value of the property in these residential districts; (g) To promote traffic safety and the safety of children and other pedestrians in these residential districts; (h) To forestall dangers arising from the blocking of emergency vehicles, both in reaching victims and in transporting them to hospitals; (i) To facilitate the movement of traffic in the event of accidents and other disasters; and (j) To promote the peace, comfort, convenience and welfare of all inhabitants of the tIown. (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190.8, Definitions. 28 ,.---~ For the purpose of this dDivision, the following terms shall mean: have the meanings ascribed to them herein: Curbside parking space: 20 linear feet of curb, exclusive of those portions of the curb where parking, apart from the provisions of this di','ision, is not permitted. Residence: A place of abode meeting tlown zoning regulations located within a zone established pursuant to this dDivision. Resident: A person who customarily resides or maintains a place of abode within a zone established pursuant to this aDivision, or who owns realty abutting eft a street or highway in such a zone and upon which a place of human habitation is located. Residential permit parking zone: A residential zone where curbside parking on public highways or streets is prohibited, unless the vehicle properly displays a parking permit authorized ey pursuant to this aDivision. Residential zone: A contiguous or nearly contiguous area containing public highways or streets or parts thereof primarily abutted by residential property or residential and non:business property (such as schools, parks and churches). (Ord. No. 99-0-19, S I, 7-13-99; Ord. No. 2004-0-7, S I, 6-22-04) Sec. 10-190.9. Designation of residential permit parking zone. (a) Upon his own initiative or upon a petition signed by a majority of the residents in an area proposed to be designated as a residential permit parking zone, the tlown mManager may designate a residential zone or portion thereof as a residential permit parking zone pursuant to the procedures established herein", provided that such area meets the standards of this s.s.ection. (b) Prior to designating any residential zone as a residential permit parking zone, the tlown mManager shall have a study conducted and shall hold a public hearing after due notice of such hearing has been published in a newspaper of general circulation in the town. Such notice shall be published at least 12 days prior to such public hearing and shall clearly state the purpose, time and location of the public hearing, and the location and boundaries of the proposed residential permit parking zone. During such public hearing, any interested person shall be entitled to appear, to be heard and to submit a written statement for the record. A record of all oral and written statements by all interested persons shall be made by the tlown eClerk and maintained in the tlown eClerk's office. (c) Within 20 days of the public hearing, the tlown mManager shall cause to be conducted, a block-by-block survey of the proposed residential permit parking zone. The survey shall be conducted for a 12-hour period on a day of the week and time of the day representative of the general parking conditions of the study area. 29 (d) After completion of the public hearing and survey as set forth herein, the Town Manager may designate a residential zone or portion thereof provided that: (1) As a result of such survey it is found that: a. The total number of curbside parking spaces occupied by vehicles equals or exceeds 75 percent of the number of curbside parking spaces on the public highways and streets of the proposed, or existing, residential permit parking zone;.; or equals or exceeds 50 percent of the number of curbside parking spaces on the public highways and streets of the proposed residential permit zone if within the zone the average width of pavement between curbs or pavement edges is 25 feet or less: and b. The total number of curbside parking spaces occupied by vehicles whose operators do not reside within the proposed, or existing, residential permit parking zone equals or exceeds 25 percent of the total number of curbside parking spaces occupied by vehicles. (2) The residents of the proposed residential permit parking zone or portion thereof have experienced difficulty or inability to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists. (3) There is a likelihood of alleviating, by use of the residential permit parking system established by this Division, the problem of unavailability of parking spaces for the resident motorists of the proposed residential permit parking zone. (Ord. No. 99-0-19, S I, 7-13-99; Ord. No. 2004-0-7, S II, 6-22-04) Sec. 10-190.10. Authorized continuance of previously established zones. Notwithstanding the provisions of Section 10-190.9, the Town Manager is hereby authorized and empowered, but not required, to continue in effect those residential permit parking zones established by Council prior to the adoption of this Division (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190,11. Posting of residential permit parking signs. Parking signs shall be erected in each designated residential permit parking zone so as to inform an ordinarily observant person that curbside parking on public highways and streets in such zone is prohibited unless the vehicle properly displays a current parking permit issued pursuant to this Division. 30 (Ord. No. 99-0-19, ~ I, 7-13-99) ',-- Sec. 10-190.12. Notice to residents of designation of residential permit parking zone. (a) Upon the tIown Mmanager's designation of a residential zone, or portion thereof, as a residential permit parking zone, the tIown mManager shall cause to be mailed to every residence within such designated residential permit parking zone, the following documents: (1) Notice of designation which shall inform the residents in the designated zone of the following: a. The existence, exact location and designation of the residential permit parking zone; b. The parking restrictions applicable to all vehicles in curbside parking spaces along the public highways and streets in such zone; and c. The procedures to obtain a residential, visitor, business or guest parking permit. (2) Application for residential parking permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit: a. The name and residential address of the owner of the vehicle; ',-- b. The name, residential address, and driver's license number of the principal operator of the vehicle; c. The make model, license plate number and registration number of the vehicle; and d. The signature of the applicant for such residential parking permit. (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190.13. Permit fee; issuance of permit. (a) There is hereby established and imposed a fee of$1.00 for each parking permit, payable at the time of issuance of such permit. (b) Upon the submission of a completed and validated residential parking permit application and fulfillment of all applicable provisions of this aDivision controlling issuance, rene...;al or transfer of residential parking permits the applicant shall receive one residential parking permit for the vehicle described in the application. Such permit shall be securely affixed to the vehicle pursuant to regulations promulgated by the tIown mManager. 31 (c) No residential parking permit shall be issued for a vehicle, the owner or principal operator of which is not a resident of the designated residential permit parking zone. '-.-. (d) The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle for which the parking permit is issued. (e) A residential parking permit shall be issued only for a vehicle displaying valid state license plates and a valid tIown motor vehicle decal, unless such vehicle is exempted by law from obtaining such plates or decals. (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190.14. Term and renewal of permit; revocation upon holder's termination of residence in area. (a) A permit issued under this dDivision shall expire on June...l2 fifteenth of each year. Such permit shall be renewable upon the application and payment of fee as required for by the original issuance of a permit. (b) Termination of residence within an area covered by permit issued under this dDivision by the holder of such permit shall automatically revoke such permit. (c) No person shall use any permit issued under this dDivision after it has expired or after it has been automatically revoked as provided in this s.s.ection. "--' (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190.15. Permit personal to holder. A parking permit issued pursuant to this dDivision shall be personal to the holder thereof and shall be nonassignable and nontransferable. Such holder shall not permit the use of such permit by any other person. (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190.16. Effect of permit. A permit issued under this dDivision shall be valid only in the residential permit parking zone specified therein and only for the specifically described vehicle listed on the application for said permit. Proper display of such permit will permit the parking of said vehicle in the specified residential permit parking zone in accordance with the regulations promulgated by the tIown mManager. A permit issued under this dDivision shall be valid only in the residential permit parking zone for which it is issued. (Ord. No. 99-0-19, S I, 7-13-99) 32 ',-- Sec. 10-190.17. Permit required. No vehicle shall be parked upon any public highway or street within any residential permit parking zone established pursuant to this dDivision unless there is displayed on such vehicle a current valid parking permit issued pursuant to this dDivision. (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190.18. Visitors' permits; guest permits; business permits. (a) Upon application of any resident, the tIown mManager shall cause to be issued a visitor's parking permit to the resident for the visitor's vehicle. Such permit shall be limited to the particular permit parking zone for which issued and shall be valid for a period not to exceed one year. No more than two visitor's permits shall be issued to anyone residence at anyone time. (b) Upon application of any resident, the tIown mManager shall cause to be issued a guest parking permit to the resident for the guest's vehicle. Such permit shall be limited to the particular permit parking zone for which issued and shall be valid for a period not to exceed one day. Use of guest parking permits may be restricted to designated streets or portions thereof within the residential permit parking zone. The number of guest permits se issued shall not exceed 50 percent of the number of curbside parking spacesjn the residential permit parking zone or portion thereof for which the guest permits are issued. '-- (c) Upon the application of any resident and any person doing business with such resident, the tIown mManager shall cause to be issued a business parking permit to the resident for the vehicle of the person doing business with the resident. Such permit shall be limited to the particular residential permit parking zone for which issued and shall be valid for a period not exceeding the estimated time, as shown on the application, required to complete the business transaction, or 30 days, whichever is less. (d) The parking restrictions imposed by this dDivision shall not apply to any clearly marked delivery or service vehicle when used to make deliveries or provide service to residences within a residential permit parking zone, provided that the parking of such vehicle does not exceed four hours in duration on any given day. The parking of such vehicle within such zone for more than four hours on any given day will require a business parking permit pursuant to subsection (c) of this s.s.ection. (Ord. No. 99-0-19, S I, 7-13-99; Ord. No. 2004-0-7, S III, 6-22-04) Sec. 10-190.19. Withdrawal of designation of residential permit parking zone. (a) Upon his own initiative or upon a petition signed by a majority of the residents in a residential permit parking zone requesting the withdrawal of the designation of such areas as a residential permit parking zone, the tIown mManager shall hold a public hearing on such matter after ffiie notice of such and hearing as set forth in Section 10-190.9. has been published in a .- 33 newspaper of general circulation in the tovm. Such notice shall be published at least 12 days prior to such public hearing and shall clearly state the purpose, time and location ofthe public hearing and the location and boundaries of the existing residential permit parking zone. -- fbt- _The public hearing shall be conducted pursuant to the provisions of section 10 190.9(b) and a record shall be made of such hearing in accord with the requirements of that section. (e12) Within 15 days following the completion of the public hearing, the tIown mManager shall cause a block-by-block survey to be conducted of the existing residential permit parking zone in accord with the provisions of s.s.ection 1O-190.9(c). (d~) Subsequent to completion of After the public hearing and survey as set forth herein, the tIown mManager may decide to withdraw the designation of residential permit parking zone from such residential zone or portion thereof, if such zone or portion thereof fails to meet the requirements of s.s.ection 1 0-190.9( d). (eg) Upon the tIown mManager's decision to withdraw the designation of an existing residential permit parking zone or portion thereof, he shall cause to be mailed to every residence within the existing residential permit parking zone, a notice of the withdrawal of said designation. Said notice shall specify the effective date of the withdrawal of the designation which date shall be not less than 14 days after the date of mailing of such notice. (Ord. No. 99-0-19, S I, 7-13-99) .,-- Sec. 10-190.20. Regulations. (a) The tIown mManager is hereby authorized and directed to promulgate rules and regulations, not inconsistent with the provisions of this dDivision for the efficient administration and control of parking within the residential permit parking zones as may be established pursuant to this dDivision~ which rules and regulations may include, but need not be limited to, the following matters: (1) The content and form of all applications for residential, visitor, guest and business parking permits. (2) The format, display and method of issuance of permits to be issued pursuant to this dDivision. (3) The notification to be given to residents of the zones, before implementation of the permit requirements and the standards for posting of signs or notices to indicate to the public the areas and times for which permits are required. (4) The procedures to be utilized during the public hearings set forth in s.s.ections 10- 190.9(b) and 1O-190.19(a). '-- 34 ',,- (5) The format and procedures to be utilized in the block-by-block surveys to be conducted pursuant to s.s.ections 1O-190.9(c) and 1O-190.19(c). (6) The hours during which parking in such residential permit parking zones shall be permitted only by vehicles displaying permits pursuant to this dDivision. (b) All rules and regulations promulgated under subsection (a) of this s.s.ection shall be filed in the office ofthe tIown eClerk. (Ord. No. 99-0-19, S I, 7-13-99) Sec. 10-190.21. Violations; penalty. It shall be unlawful for any person to violate Sections 10-190.13. 10-190.14, 10-190.15, 10- 190.16 10-190.17, and 10-190.18 any of the provisions of this dDivision. Any person violating the foregoing provisions of this dDivision shall be subject to a fine of not more than fifty dollars f$50.00j for each such violation; provided, however, that any person who unlawfully park~ifl:g in a residential permit parking zone in violation of this division shall be subject to the penalty as set forth in s.s.ection 1-13 of this Code. (Ord. No. 99-0-19, S I, 7-13-99) "-- 35