[Code 1962, § 17-3]
Every policeman shall enforce the provisions of this chapter;
provided, that such officer shall be uniformed at the time of such
enforcement or shall display his badge or other sign of authority;
and, provided further, that all officers making arrests incident to
the enforcement of this chapter shall be paid fixed and determined
salaries for their services and shall have no interest in, nor be
permitted by law to accept the benefit of, any fine or fee resulting
from the arrest or conviction of an offender against any provision
of this chapter.
[Code 1962, § 17-31; amended by Ord. No. 141, 3-27-1978; Ord. of 10-28-1996(1)]
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. Unless otherwise specifically
provided, a violation of this chapter or any such rule or regulation
shall constitute a traffic infraction punishable by a fine of not
more than $200.
[Code 1962, § 17-29]
(a)
Whenever any person is arrested, including an arrest upon a warrant, for a violation of any provision of this chapter, except of § 17-53, the arresting officer shall, except as otherwise provided in § 17-4 or any other section of this chapter, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice, such time to be at least five days after such arrest, unless the person arrested shall demand an earlier hearing; and such person shall, if he so desires have a right to an immediate hearing or a hearing within 24 hours, at a convenient hour, and before a court having jurisdiction. Such officer shall thereupon, and upon the giving by such person of his written promise to appear at such time and place, forthwith release him from custody.
(b)
Any person refusing to give such written promise to appear shall
be taken immediately by the arresting or other police officer before
the nearest or most accessible judicial officer or other person qualified
to admit to bail having jurisdiction under this chapter.
(c)
Any person who willfully violates his written promise to appear,
given in accordance with this section, shall be guilty of a misdemeanor,
regardless of the disposition of, and in addition to, the charge upon
which he was originally arrested.
(d)
Any officer violating any of the provisions of this section shall
be guilty of misconduct in office and subject to removal therefrom
upon complaint filed by any person in a court of competent jurisdiction.
This section shall not be construed to limit the removal of a police
officer for other misconduct in office.
[Code 1962, § 17-30]
If any person arrested for a violation of this chapter is believed by the arresting officer to be likely to disregard a summons issued under § 17-3, the arresting officer shall take such person forthwith before the nearest or most accessible judicial officer or other person qualified to admit to bail, in lieu of issuing the summons required by § 17-3; and such judicial officer or other person shall determine whether or not probable cause exists that such person is likely to disregard a summons, and may issue either a summons or warrant, as is determined proper.
For purposes of arrest, traffic infractions shall be treated
as misdemeanors. Except as otherwise provided by this chapter or state
law, the authority and duties of arresting officers shall be the same
for traffic infractions as for misdemeanors.
[Ord. No. 224, 11-12-1984; amended by Ord. No. 236, 7-8-1985; Ord. of 9-8-1986; Ord. of 6-8-1987; Ord. No. 88-11, 8-8-1988; Ord.
No. 89-9, 6-26-1989; Ord. No. 89-22, 11-13-1989; Ord. No. 90-13, 6-25-1990; Ord. No. 91-9, 6-24-1991; Ord. No. 92-2, 6-22-1992; Ord.
No. 93-4, 6-28-1993]
(a)
Pursuant to the authority of Code of Virginia, § 46.2-1313,
all of the provisions and requirements of the laws of the state contained
in Code of Virginia, § 46.2-100 et seq., as in effect on
July 1, 1993, 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 City, are hereby adopted and incorporated in this chapter by reference
and made applicable within the City. References to "highways of the
state" contained in such provision and requirements are hereby adopted
and made a part of this chapter as fully as though set forth at length
herein; and it shall be unlawful for any person within the City to
violate, or fail, neglect or refuse to comply with, any provision
of Code of Virginia, § 46.2-100 et seq., 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 Code of Virginia, § 46.2-100
et seq.
(b)
All definitions of words and phrases contained in the state law hereby
adopted shall apply to such words and phrases, when used in this chapter,
unless clearly indicated to the contrary.
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Pursuant to Code of Virginia, § 1-13.39:2, it is intended
that any future amendments of the provisions of Code of Virginia,
§ 46.2-100 et seq., made applicable within the City of Franklin
by this chapter shall be deemed to be incorporated into this chapter
effective on the effective date of such amendments.
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[Code 1962, § 17-15]
Officers of the fire division may direct or assist the police
in directing traffic at or in the immediate vicinity of a fire, and
while so acting shall have all the authority of peace officers.
[Code 1962, § 17-19]
All motor vehicles participating in a funeral procession, when
proceeding to any place of burial, shall display illuminated head
lamps thereon and such other identification as the City Manager may
prescribe.
[Code 1962, § 17-21]
No person shall ride on any vehicle upon any portion thereof
not designed or intended for the use of passengers. This provision
shall not apply to an employee engaged in the necessary discharge
of a duty or to persons riding within truck bodies in space intended
for merchandise.
[Code 1962, § 17-20]
No person shall board or alight from any vehicle while such
vehicle is in motion.
[Code 1962, § 17-24]
No person shall operate a vehicle loaded with materials likely
to create loud noises by striking together, without using every reasonable
effort to deaden the noise.
[Code 1962, § 17-24]
It shall be unlawful for any person, in operating a motorcycle
within the City, to create any unreasonably loud, disturbing or unnecessary
noise. In operating a motorcycle, the following acts, among others,
are declared to create loud, disturbing and unnecessary noises in
violation of this section; but such enumeration shall not be deemed
to be exclusive:
(1)
The use of a motorcycle so out of repair as to cause thereby loud
and unnecessary grating, grinding, rattling or any of such noises
or any other unnecessary noise.
(2)
The practice of unnecessarily racing the motor of a motorcycle while
standing or moving, thereby causing unnecessary noise from such motor.
(3)
The practice of unnecessarily retarding the spark to the motor and
thereby causing unnecessary, loud and explosive noise from the motor.
(4)
In starting a motorcycle from a standing position, the practice of
gaining speed unnecessarily quick and thereby causing unnecessary
and loud noise from the motor.
(5)
The practice of coming to an unreasonably quick stop with a motorcycle
and thereby causing unnecessary grinding of brakes and screeching
of tires, or either of such noises.
[Code 1962, § 17-176]
It shall be unlawful for the operator of any truck, trailer
or other vehicle equipped with a tailgate to lower or open the tailgate
thereon, or to suffer or permit such tailgate to be lowered or opened,
except during the time the vehicle is being loaded or unloaded, and
except during the time the load on the vehicle necessitates a lowered
or opened tailgate as a support for the load. It shall be the duty
of the operator of any such vehicle to see that the tailgate on such
vehicle is kept closed or raised, except during the times hereinbefore
specified.
[Code 1962, § 17-216]
(a)
The City Manager, in his discretion, may make, promulgate and enforce rules and regulations decreasing the vehicle weight and load limits specified in the state law adopted as a part of this chapter by § 17-6, for a total period not to exceed 90 days in any calendar year, when operation over streets, by reason of deterioration, rain, snow or other climatic conditions, will seriously damage such streets unless such weights are reduced. The City Manager shall cause to be erected signs stating the weight specified in such rule or regulation at each end of the section of the street affected, and no such rule or regulation shall be effective until such signs are erected.
(b)
Any person violating a rule or regulation promulgated under this
section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than $10 nor more than $500,
or by confinement in jail for not less than one day nor more than
six months, or by both such fine and confinement. The vehicle or combination
of vehicles involved in such violation may be held upon an order of
the court until all fines and costs have been satisfied.
[Code 1962, § 17-14]
No person shall wash or polish a vehicle upon a street or sidewalk,
nor shall the owner of a vehicle permit it to be washed or polished
upon a street or sidewalk. If any automobile is washed on private
premises, it shall be unlawful to allow the water therefrom to run
into the streets or into the gutters of the City.
[Ord. No. 99, 6-14-1976]
No person shall grease, dismantle, change the oil of, work on
or repair a vehicle upon a street or sidewalk; nor shall the owner
of a vehicle permit it to be greased, dismantled, worked on, repaired
or have its oil changed upon a street or sidewalk. This section shall
not be construed as prohibiting such emergency repairs as may be necessary
to render a disabled vehicle operative, where such disabled vehicle
is so located as to constitute a traffic hazard. There shall also
be excluded from the provisions of this section anyone making minor
maintenance repairs to a vehicle on a public street, which can be
completed within a reasonable time, provided that such vehicle is
not blocking or interfering with the normal flow of traffic.
[Code 1962, § 17-224; amended by Ord. of 2-9-1998]
The driver of any vehicle involved in an accident shall file
with the Police Department a copy of the report required by Code of
Virginia, § 46.2-372. Such driver shall also file with the
Police Department a copy of any supplemental report filed pursuant
to such section. A willful failure to file a report required herein
shall constitute a violation of this section.
[Code 1962, § 17-226]
Whenever the driver of a vehicle is physically incapable of
making an immediate or a written report of an accident, as required
by this chapter or the state law adopted by this chapter, each other
occupant of the vehicle at the time of the accident, if any, who is
capable of so doing must make the report required to be made by the
driver. A willful failure to make such report shall constitute a violation
of this section.
[Code 1962, § 17-225]
Every law enforcement officer who, in the course of duty, investigates
a motor vehicle accident of which report must be made, either at the
time of and at the scene of the accident or thereafter and elsewhere,
by interviewing participants or witnesses shall, within 24 hours after
completing the investigation, forward to the Police Department a copy
of the report required by Code of Virginia, § 46.2-373.
Whenever a motor vehicle, trailer or semitrailer involved in
an accident is found upon the highways or streets within the City,
and is so located as to impede the orderly flow of traffic, the police
may, at no cost to the owner or operator, remove such motor vehicle,
trailer or semitrailer from the highway or street to some point in
the vicinity of such accident where such motor vehicle, trailer or
semitrailer will not impede the flow of traffic.
