[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of this chapter are superseded.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.
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.
