§ 78-261. Unlawful parking generally.

(a)

It shall be unlawful for any person to park a vehicle on county-owned or other public property in violation of any of the provisions of this subsection, and every person receiving written notice from a police officer that he has committed any of the offenses listed in this subsection may waive his right to appear and be tried for the offense set forth in the notice. Such waiver shall be effective upon voluntary payment of $15.00 to the county treasurer's office within five days after receipt of such notice or upon voluntarily placing a check or money order in the amount of $15.00 made payable to the county treasurer, in the "reply mail" envelope on which the notice of violation is printed and mailing it to the county treasurer's office within five days after receipt of such notice as evidenced by the date of postmark. Such person shall not thereafter be required to appear before the general district court for trial upon the charge set forth in such notice. Such offenses shall include parking a vehicle:

(1)

On a sidewalk.

(2)

In front of a public or private driveway.

(3)

Within an intersection.

(4)

Within 15 feet of a fire hydrant or in any way obstructing such fire hydrant.

(5)

Within 15 feet of a fire hydrant when such hydrant is located on private property.

(6)

On a crosswalk.

(7)

Within 20 feet of a crosswalk at an intersection.

(8)

Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway.

(9)

Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings.

(10)

Within 50 feet of the nearest rail of a railroad grade crossing.

(11)

Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when posted.

(12)

Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.

(13)

On the roadway side of a vehicle parked at the edge or curb of a street.

(14)

Upon any bridge or other elevated structure upon a street or highway or within a tunnel.

(15)

At any place where official signs prohibit parking.

(16)

More than 18 inches from the curb in areas where parking is permitted.

(17)

Within any established fire lane.

(18)

In a permitted parking space for any period of time over the posted time limit for such parking space.

(19)

On any county-owned property where such parking is prohibited or regulated and such parking is in violation of any such regulation. For the purposes of this subsection, the county administrator is hereby authorized and directed to adopt regulations for the prohibiting of parking of vehicles upon county-owned property; to classify vehicles with reference to parking; to designate the time, place and manner in which such vehicles may be allowed to park; and to revoke, alter or amend such regulations at any time when, in his opinion, parking conditions require. The chief of police shall enforce such regulations pursuant to the requirements of this section. As agent for the county, the chief of police shall, when appropriate, provide for the towing and removal of motor vehicles in violation of this subsection pursuant to the authority set forth in Code of Virginia, § 46.2-1231.

(20)

Upon or in any street, alley or parkway for the purpose of selling or offering the vehicle for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley or parkway in the county 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. It also shall be unlawful to stop a vehicle at any time upon the 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.

(21)

On or alongside the roads, highways and streets of the county or of the state in the county when such person is parking any such vehicle in pursuance of commercial purposes. The provisions of this subsection shall not apply to a motor vehicle carrier when picking up or delivering passengers or merchandise.

(22)

Having no current state or county license on any highway when such license is required by law.

(b)

It shall be unlawful for any person to park a vehicle on private property, including private parking lots open to the public and designed to accommodate more than 50 vehicles, in violation of the provisions of this subsection, and every person receiving written notice from a police officer that he has committed any of the offenses listed in this subsection may waive his right to appear and be formally tried for the offense set forth in the notice. Such waiver shall be effective upon voluntary payment of $15.00 to the county treasurer's office within five days after receipt of such notice or upon voluntarily placing a check or money order in the amount of $15.00 made payable to the county treasurer in the "reply mail" envelope on which the notice of violation is printed and mailing it to the county treasurer's office within five days after receipt of such notice of violation as evidence by the date of postmark. Such person shall not be thereafter required to appear before the general district court for trial upon the charge set forth in such notice. Such offenses shall include parking a vehicle:

(1)

On a sidewalk.

(2)

In front of a public or private driveway.

(3)

Within an intersection.

(4)

Within 15 feet of a fire hydrant or in any way obstructing such fire hydrant.

(5)

Within 15 feet of a fire hydrant when such hydrant is located on private property.

(6)

On a crosswalk.

(7)

Within 20 feet of a crosswalk at an intersection.

(8)

Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings.

(9)

Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.

(10)

On the roadway side of a vehicle parked at the edge or curb of a street.

(11)

At any place where official signs prohibit parking.

(12)

In designated travel lanes established for such parking lots.

(13)

Within any established fire lane.

(14)

On any private lot or lot area without the express or implied consent of the owner thereof. Whenever signs or markings have been erected on any lot or lot area contiguous or adjacent to a street, thoroughfare or alley indicating that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into such lot or area for the purpose of standing or parking such vehicle or for any person to stop, stand or park any vehicle in such lot or lot area.

(c)

It shall be unlawful for any person to park a motor vehicle in any parking space reserved for persons with disabilities on public property or at privately owned shopping centers and offices, except for the following: any disabled person driving a motor vehicle displaying a state disabled parking license plate, or a permanent or temporary removable windshield placard or decal issued pursuant to Code of Virginia, § 46.2-731; any person transporting a handicapped person to whom has been issued a permanent removable placard or a temporary removable placard pursuant to Code of Virginia, § 46.2-1241; any disabled veteran driving a motor vehicle displaying special license plates issued pursuant to Code of Virginia, § 46.2-739; or any person transporting a disabled veteran in a motor vehicle displaying such special license plates. Every person receiving written notice from a police officer that he has committed the offense listed in this subsection may waive his right to appear and be formally tried for the offense set forth in the notice. Such waiver shall be effective upon the voluntary payment of $100.00 to the county treasurer's office within five days after receipt of such notice or upon voluntarily placing a check or money order in the amount of $100.00 made payable to the county treasurer in the "reply mail" envelope on which the notice of violation is printed and mailing it to the county treasurer's office within five days after receipt of such notice as evidenced by the date of postmark. Such person shall not be thereafter required to appear before the general district court for trial upon the charge set forth in such notice.

(d)

Whenever a "reply mail" envelope is used for transmitting any check or money order by mail to the county treasurer's office, pursuant to the provisions of this section, the responsibility for receipt of the check or money order by the county treasurer shall be that of the registered owner of the vehicle parked in violation on which such notice has been placed.

(e)

Any person who has received a notice pursuant to subsection (a), (b) or (c) of this section and wishes to contest the offense cited in such notice may, within five days after receipt of such notice, appear at the office of the clerk of the general district court and have his case placed on the court docket for trial.

(f)

Any person who has received a notice pursuant to subsection (a), (b) or (c) of this section and fails to comply with subsections (a) through (e) of this section within five days shall be subject to the following fines, and, in addition, a summons or arrest warrant may be issued for such person pursuant to Code of Virginia, § 46.2-944:

(1)

Failure to comply with notice issued pursuant to subsection (a) of this section .....$30.00

(2)

Failure to comply with notice issued pursuant to subsection (b) of this section .....30.00

(3)

Failure to comply with notice issued pursuant to subsection (c) of this section .....15.00

(Code 1988, § 7-144; Ord. No. O-01-002A, 7-24-2001)

State Law reference— State law basis for this section, Code of Virginia, §§ 46.2-1220, 46.2-1224, 46.2-1225, 46.2-1237, and 46.2-1305.

(Code 1988, § 7-144; Ord. No. O-01-002A, 7-24-2001)

State law reference

State law basis for this section, Code of Virginia, §§ 46.2-1220, 46.2-1224, 46.2-1225, 46.2-1237, and 46.2-1305.