Town of Elkton, VA
Rockingham County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 6-27-1995; 9-17-2001; 8-18-2005]
Pursuant to the authority of § 46.2-1313 of the Code of Virginia, as amended, all of the provisions and requirements of the laws of the state contained in Title 46.2 and Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, as amended from time to time, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the Town, are hereby adopted and incorporated in this chapter by reference and made applicable within the Town. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to streets, highways and other public ways within the Town. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the Town, to violate or fail, neglect or refuse to comply with any provision of Title 46.2 or of Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia which is adopted by this section, provided that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 or under Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, as amended. To the extent that any provisions of this chapter of the Elkton Town Code may be inconsistent with the provisions and requirements of Title 46.2 or of Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia hereby adopted, the provisions of this chapter are superseded. It is intended that this chapter includes all future amendments to the state statutes referenced herein and becomes effective upon the effective date of such statutes as state law.
[Amended 6-27-1995; 9-17-2001]
Words and terms used and contained in this chapter shall be as defined in the Code of Virginia, § 46.2-100.
A. 
The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, shall have power and is hereby authorized to regulate the operation and parking of vehicles within the corporate limits of the Town by the erection or placing of proper signs or markers indicating prohibited or limited parking, angle parking, the parking of buses, trucks and other vehicles of various weights, U-turns, turning at intersections, hazardous intersections, school zones, hospital zones, loading and unloading zones, quiet zones, traffic-control signals exhibiting colored lights or the words "go," "caution" or "stop" and other signs or markers indicating the place and manner of operating or parking vehicles in the Town.
B. 
The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, shall also have power and is hereby authorized to regulate the movement of pedestrians upon the streets and sidewalks of the Town by the erection or placing of proper signs or markers indicating the flow of pedestrian traffic.
C. 
The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, shall also have power and is hereby authorized to designate bus stops and to erect signs prohibiting the parking of vehicles other than buses at such stops.
D. 
The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, is further empowered and authorized to mark off traffic lanes on streets and parts of streets indicating and directing the flow of traffic.
E. 
The Chief of Police shall further have power and is hereby authorized to secure all such necessary signs, signals or markers to be erected or placed on any street or part of a street.
F. 
The existence of such signs, signals or markers at any place within the corporate limits of the Town shall be prima facie evidence that such signs, signals or markers were erected or placed by and at the direction of the Chief of Police in accordance with the provisions of this section.
A. 
The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed from time to time by the Council, may designate intersections, other than intersections at which one or more of the intersecting streets has been designated as a part of the state highway system, at which vehicles shall come to a full stop or yield the right-of-way.
B. 
The Chief of Police shall further have power and is hereby authorized to secure all such necessary signs, signals or markers to be erected or placed on or at any such intersection, so that an ordinarily observant person, who may be affected by such regulation, may be aware of such regulation.
C. 
The existence of such signs, signals or markers at any place within the corporate limits of the Town shall be prima facie evidence that such signs, signals or markers were erected or placed by and at the direction of the Chief of Police in accordance with the provisions of this section.
It shall be unlawful for any person to fail or refuse to comply with the directions indicated on any sign, signal or marker erected or placed in accordance with the provisions of § 158-3 or 158-4 when such sign, signal or marker so placed or erected is visible and legible.
A. 
Traffic violation notices shall be issued to violators of parking regulations and all other nonmoving regulations, with the exception of persons charged with parking too close to or in front of fire hydrants and fire stations and with the further exception of persons charged with parking meter violations, unless circumstances warrant other action, in which event the usual procedure of summons or arrest shall apply.
B. 
Traffic violation notices may be settled by a payment within a period of five days after issuance of a minimum penalty of $3, which payment shall be in complete satisfaction of the offense. Payment shall be made to such person at the Town office as from time to time shall be designated by the Chief of Police to receive such payment. Failure to settle a traffic violation notice as above provided shall be unlawful.
C. 
The Chief of Police shall set up and establish a full and complete procedure for handling traffic violation notices.
D. 
All amounts paid in under this section shall be credited to and become a part of the general fund of the Town.
No funeral procession or parade, excepting the Armed Forces of the United States, the military forces of the state and the forces of the Police and Fire departments of the Town, shall occupy or march or proceed along any street, except in accordance with a permit issued by the Chief of Police.
Any police officer who shall be in uniform or who shall exhibit his or her badge or other sign of authority shall have the right to stop any motor vehicle, trailer or semitrailer, upon request or signal, for the purpose of inspecting the motor vehicle, trailer or semitrailer as to its equipment and operation, its manufacturer's serial or engine number or its contents and load, if such motor vehicle, trailer or semitrailer is a property-carrying vehicle or for the purpose of securing such other information as may be necessary.
It is unlawful for any person to drive, stop or park, or for the owner to cause or knowingly permit to be driven, stopped or parked, on any street within the Town any vehicle having no valid state license as required by the laws of the state.
It is unlawful for any person to drive, stop or park, or for the owner to cause or knowingly permit to be driven, stopped or parked, on any highway or street within the Town any vehicle which is required under the laws of the state to be inspected, unless such vehicle has been inspected and has attached thereto, in proper position, a valid and unexpired certificate of inspection as required by the laws of the state.
A. 
It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter or any rule or regulation promulgated pursuant thereto.
B. 
Every person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall,
(1) 
For a first conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in jail for not less than one nor more than 10 days, or by both such fine and imprisonment.
(2) 
For a second such conviction within one year such person shall be punished by a fine of not less than $20 nor more than $200 or by imprisonment in jail for not less than one nor more than 20 days, or by both such fine and imprisonment.
(3) 
For a third or subsequent conviction within one year such person shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment in jail for not less than 10 days nor more than six months, or by both such fine and imprisonment.