[Code 1991, § 12-66; 5-22-2007; Ord. No. 11-01, 2-8-2011; amended 1-23-2018 by Ord. No. 18-01; 6-26-2018 by Ord. No. 18-10; 4-9-2019 by Ord. No. 19-10]
Except as otherwise provided by this article, the collection and payment of fines for parking citations shall be governed by the provisions of this section.
It shall be the duty of the Department of Police to cite any vehicle which is the subject of a violation under this article by attaching a citation to the vehicle or by mailing the citation to the violator at the address shown for such violator on the records of the Department of Motor Vehicles via first class mail. The citation shall state thereon the information necessary to establish the offense, fine, method of payment and consequences of nonpayment.
Violation of §§ 58-163 through 58-172 and 58-201 may be satisfied in full by the payment to the City Treasurer of a fine in the amount set forth in Table 58-161 within 30 days from the date the citation was issued. The Treasurer shall ensure that any violator permitted uncontested payment of the penalty provided in this section shall be informed of his rights and liabilities in the manner of payment, delinquency in payment, and contest of the citation. If a person elects to contest the citation, such contest shall be certified in writing on an appropriate form to the General District Court of the City, provided that the person may have recourse to the Chief of Police or his designee, prior to his court date. The Chief of Police or his designee may void a citation upon a written finding that it was issued in error, or if the citation was issued for a time-zone violation under § 58-163C to a person serving jury duty in Fredericksburg Circuit Court.
The Treasurer shall comply with Code of Virginia § 46.2-941, in connection with the collection of fines pursuant to this section and shall collect, in addition to any fines, the late fee prescribed in Table 58-161.
If a violator fails to respond to a parking citation within the thirty-day period allowed under Subsection C of this section, the City Treasurer shall cause a complaint, summons, or warrant to be issued for the delinquent citation. In the alternative, the City Treasurer shall proceed to collect the delinquency using the means and methods available by law.
[Code 1991, § 12-76; 5-22-2007]
Any motor vehicle parked on public streets, highways or grounds against which there are three or more unpaid or otherwise unsettled parking violation notices may be removed to a place within the City or in an adjacent locality designated by the Chief of Police for the temporary storage of the vehicle, or the vehicle may be immobilized in a manner which will prevent its removal or operation except by authorized law enforcement personnel. The removal or immobilization of the vehicle shall be by or under the direction of an officer or employee of the Police Department.
It shall be the duty of the law enforcement personnel removing or immobilizing the motor vehicle, or under whose direction such vehicle is removed or immobilized, to inform as soon as practicable the owner of the removed or immobilized vehicle of the nature and circumstances of the prior unsettled parking violation notices for which the vehicle was removed or immobilized. In any case involving immobilization of a vehicle pursuant to this section, there shall be placed on the vehicle, in a conspicuous manner, a notice warning that the vehicle has been immobilized and that any attempt to move the vehicle might damage it.
The owner of an immobilized vehicle, or other person acting on his behalf, shall be allowed at least 24 hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of the vehicle within that time period may result in the removal of the vehicle to a storage area for safekeeping under the direction of law enforcement personnel.
The owner of the removed or immobilized vehicle, or other person acting on his behalf, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was removed or immobilized and by payment of a boot fee of $50 and all costs incidental to the removal, and storage of the vehicle, and the efforts to locate the owner of the vehicle. Should the owner fail or refuse to pay such fines and costs, or should the identity or whereabouts of the owner be unknown and unascertainable, the motor vehicle may be sold in accordance with the procedures set forth in Article V of this chapter.
[Code 1991, § 12-67; 5-22-2007; Ord. No. 09-39, 9-8-2009]
Parking prohibited in specified places. No person shall stop, stand, or park a vehicle in any of the following places, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer, traffic control device, sign, street marking or street striping or as otherwise authorized by law:
On a sidewalk.
In front of a public or private driveway.
Within an intersection.
Within 15 feet of a fire hydrant.
On a crosswalk.
Within 20 feet of a crosswalk at an intersection; provided, however, that where there is no crosswalk at an intersection no person shall stop, stand, or park a vehicle within 20 feet from the intersection of curblines or, if none, then within 15 feet of the intersection of property lines at any street intersection.
Within 30 feet upon the approach of any flashing beacon, stop sign, or traffic control signal located at the side of a roadway.
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 the Chief of Police has indicated a different length by signs or markings.
Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.
On the roadway side of any vehicle stopped or parked at the edge or curb of a street except as permitted in Code of Virginia, §§ 46.2-888 — 46.2-891; but this subsection shall not be construed to prohibit double parking on a two-lane, one-way street, for a reasonable time for the purpose of expeditiously loading and unloading, except that such double parking is prohibited:
Between the hours of 4:00 p.m. and 6:00 p.m.
When vacant curb space is available in the same block and on the same side of the street where loading or unloading is being done.
Where a loading zone is vacant on either side of the street in the same block where the loading or unloading is being done.
On single lane thru-streets, except with prior written permission from the City department of public works.
Upon any bridge or other elevated structure upon a street or highway or within a tunnel.
At any place where official signs prohibit parking.
In any City-owned or City-controlled parking lot.
Parking in fire lane. It shall be unlawful for any person to park any vehicle in a fire lane designated by the City Fire Chief or his designee, whether it be on public or private property. Vehicles improperly parked in such designated fire lanes shall be subject to removal by either police officers or fire officials of the City. The costs of removal and storage of such vehicle shall be borne by the owners thereof.
Overtime parking. When any vehicle is parked upon any portion of a street or parking lot where parking is lawful, but where the span of time that such vehicle may be lawfully parked is controlled by a sign giving notice thereof, it shall be unlawful to permit such vehicle to remain so parked in excess of the time period indicated on such sign or in a time period prohibited by such sign Such vehicle must be removed completely from such parking space for a time period equal to the time period indicated on such sign.
Moving vehicle without authority. No person other than a police officer shall move a vehicle into any area where parking is prohibited or away from a curb such distance as is unlawful, or start or cause to be started the motor of any motor vehicle, or shift, change or move the levers, brake, starting device, gears, or other mechanism of a parked motor vehicle to a position other than that in which it was left by the owner or driver thereof, or attempt to do so.
Payment of fine. A violator of this section shall be permitted to satisfy the citation in full by payment of the fine, within 30 days, to the City Treasurer. If the violator does not respond within 30 days to the citation, the City Treasurer shall cause a complaint, summons, or warrant to be issued for the delinquent citation.
[Code 1991, § 12-67.1]
No person shall park any commercial motor vehicle on or alongside any road, highway, street, or alley within or adjacent to any residential district within the City between the hours of 9:00 p.m. and 7:00 a.m.
This section shall not apply to any commercial motor vehicle engaged in the pickup or discharge of passengers or merchandise, or parked at a location where work or services are currently being performed by the operator of the vehicle.
For purposes of this section, the term "commercial motor vehicle" shall mean every motor vehicle, vehicle, or combination of vehicles, except for those specifically excluded in this section, used to transport passengers or property, which either: (i) has a gross vehicle weight rating of 10,000 or more pounds; (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials, as defined in Code of Virginia, § 46.2-341.4. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity. The following shall be excluded from the definition of commercial motor vehicle: (i) any vehicle which is used by an individual solely for his own personal purposes, such as personal recreational activities; and (ii) any vehicle which is used as firefighting, emergency, or maintenance equipment for the purpose of preserving life or property or executing governmental functions.
For purposes of this section, the term "residential district" shall mean any property zoned R-1, R-2, R-4, R-8, R-12, R-16, or R-30, or any property used for residential purposes within a PD-R Zone, as such zones are shown on the Official Zoning Map of the City.
Upon written application of any person, the City Manager may issue a special parking permit allowing such person to park one commercial motor vehicle at a designated location during the hours regulated by this section for a period up to one year. The City Manager shall only issue a special parking permit upon a showing by the applicant that the restrictions set forth in this section would impose an undue hardship upon him. Any person aggrieved by a decision of the City Manager under this section shall have the right to file an appeal to City Council, provided such appeal is filed in writing with the clerk of the Council within 30 days of the City Manager's decision.
[Code 1991, § 12-68]
It shall be unlawful for any person to park a vehicle having no current lawful license issued by any state, country or instrumentality on any street or highway in the City.
[Code 1991, § 12-69]
Where a loading or unloading zone has been set apart by the department of building and development services in accordance with applicable provisions of this chapter, 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 zones are in effect.
Editor's Note: Per the City's request, references to "Department of Code Compliance" have been replaced with "Department of Building and Development Services."
[Code 1991, § 12-71]
No person shall stop, stand, or park any vehicle upon any street in the City in such a manner or under such conditions as to leave available less than 10 feet of width of the roadway for free movement of vehicular traffic, except that a driver may stop at the curb in obedience to directions of a police officer.
[Code 1991, § 12-72]
No person shall leave unattended any motor vehicle, trailer, semitrailer, or part thereof more than 10 days on any public street, alley, or other roadway in the City. Any such motor vehicle, trailer, semitrailer, or part thereof shall be subject to removal by a police officer or his authorized agent pursuant to § 58-261.
[Code 1991, § 12-73]
No person shall leave unattended any motor vehicle, trailer, semitrailer, or part thereof unattended on or adjacent to any roadway if it:
[Code 1991, § 12-74]
A vehicle shall be parked entirely within the lines marked on the street for such parking, and in the absence of such lines a vehicle must be parked not more than 18 inches from the face of the curb, and in such measurement the existence of any sideview mirror on the vehicle shall not be considered. In no event shall vehicles be parked at a greater distance from the face of the curb than the following:
[Code 1991, § 12-75]
On any street in the City in which traffic may proceed in opposite directions, no person shall stand or park a vehicle other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the righthand wheels of the vehicle within the distance required by § 58-170, except as otherwise provided in this article. On one-way streets a vehicle may be parked on the left side of the street headed in the direction of lawful traffic movement, but the lefthand wheels of the vehicle shall be within the distance from the curb or edge of the roadway prescribed in § 58-170, except as otherwise provided in this article.
Nothing in this section shall be construed to prohibit a vehicle from being parked at an angle where angle parking is permitted.
[Code 1991, § 12-78; Ord. No. 07-15, 5-22-2007]
No vehicles other than those displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued under Code of Virginia, § 46.2-1241, or DV disabled parking license plates issued under Code of Virginia, § 46.2-739B, shall be parked in any parking spaces reserved for persons with disabilities on public or private property.
No person without a disability that limits or impairs his ability to walk shall park a vehicle with disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, temporary removable windshield placards, or DV disabled parking license plates issued under Code of Virginia, § 46.2-739B, in a parking space reserved for persons with disabilities that limit or impair their ability to walk, except when transporting a disabled person in the vehicle.
A summons or parking ticket for the offense may be issued by law enforcement officers, uniformed law enforcement department employees, or volunteers acting pursuant to Code of Virginia, § 46.2-1244, without the necessity of a warrant being obtained by the owner of any private parking area.
Parking a vehicle in a space reserved for persons with disabilities in violation of this section shall be punishable by a fine as prescribed in Table 58-161. Such fine shall be paid within 30 days to the City Treasurer. If the violator does not respond within 30 days to the citation, the City Treasurer shall cause a complaint, summons, or warrant to be issued for the delinquent citation.
In any prosecution charging a violation of this section, proof that the vehicle described in the complaint, summons, parking citation, or warrant was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Code of Virginia, § 46.2-600 et seq., shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation.
No violation of this section shall be dismissed for a property owner's failure to comply strictly with the requirements for disabled parking signs set forth in Code of Virginia, § 36-99.11, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk.
The Chief of Police or his designee is authorized to invalidate a parking citation issued under this section upon proof that the person cited possessed a valid temporary removable windshield placard on the date of the violation.
Editor’s Note: Former § 58-173, University of Mary Washington –– commuting student parking, as amended, was repealed 6-26-2018 by Ord. No. 18-10.
Editor’s Note: Former § 58-174, Same –– Resident student parking, was repealed 6-26-2018 by Ord. No. 18-10.
[Code 1991, § 17-61]
No person shall park a mobile home or office, classified as such under Code of Virginia, § 46.2-100, in any trailer park or individual lot located within the City until there shall first have been obtained from the City Treasurer a permit in writing, signed by the City Treasurer, in which permit the mobile home or office shall be described with reasonable certainty. No permit shall be required by this section for any vehicle bearing valid license plates issued by this or any other state, unless the vehicle remains in the City for a period of 90 days or more.
[Code 1991, § 17-62]
Each such permit required by § 58-175 shall be effective until January 31 of the year following the year in which the permit was procured, and may be used without penalty until that date. New permits for the approaching year may be used after January 1.
[Code 1991, § 12-96]
In order to reduce hazardous traffic conditions resulting from the use of streets within residential areas for commercial parking; to protect such residential areas from polluted air, excessive noise and trash and refuse caused by the entry of such vehicles; to protect the residents of such areas from unreasonable burdens in gaining access to their residences; to preserve the character of those areas as residential districts; to promote efficiency in the maintenance of those streets in a clean and safe condition; to preserve the value of the property in such areas; and to preserve the safety of children and other pedestrians and traffic safety; a permit parking program is hereby established.
[Code 1991, § 12-103]
It shall be unlawful for any person to represent that he is entitled to a resident parking permit, visitor pass, or other authorization to park within a permit parking zone for which he is not entitled or for any person to park a vehicle within a permit parking zone displaying a resident parking permit, visitor pass, or other authorization to park within such zone when he is not entitled to it.
It shall be unlawful for any person entitled to use a visitor or other temporary parking pass to allow the pass to be used by anyone other than a person entitled to use such a pass within a permit parking zone.
Vehicles parked in violation of this division may be towed by the Chief of Police at the owner's expense.
[Code 1991, § 12-97; Ord. No. 98-22, 8-25-1998; Ord. No. 99-4, 3-23-1999; Ord. No. 11-24, 9-13-2011]
It shall be unlawful for any person to park a motor vehicle on a public street, alley, or right-of-way within any permit parking zone described in Subsection B of this section and that is conspicuously posted in accordance with this division, at any time when parking is restricted by posted signage, unless such vehicle displays a current permit parking decal, pass, or other valid authorization to park within such zone.
The City Manager may designate a residential area as a residential permit parking zone under the procedures in § 58-204, if the area meets the standards of that section.
[Amended 10-13-2015 by Ord. No. 15-24; 8-23-2016 by Ord. No. 16-21; 8-23-2016 by Ord. No. 16-22; 1-23-2018 by Ord. No. 18-02; 6-26-2018 by Ord. No. 18-11]
[Code 1991, § 12-98; amended 1-23-2018 by Ord. No. 18-02]
Authority to establish additional regulations. The City Manager or his designee is hereby authorized and directed to promulgate rules and regulations deemed necessary and reasonable for the safe and efficient administration and control of parking within each permit parking zone established pursuant to this division. These regulations shall include the following:
The fees, if any, to be charged for permits;
The criteria by which persons may obtain resident parking permits and visitor, hardship, business, or other temporary parking passes;
The terms of permits and passes;
The design, format, and method of issuance of permits and passes;
The posting of signs in accordance with this division; and
The times of day during which parking is restricted.
Implementation of permit parking. The City Manager shall have the authority to issue permits, post signage, and otherwise implement permit parking only on those blocks within the City where:
[Amended 6-26-2018 by Ord. No. 18-11]
Termination of permit parking. The City Council shall have the authority to terminate permit parking on those blocks within the City where:
[Amended 6-26-2018 by Ord. No. 18-11]
The City Manager has received a written request from 3/4 of the property owners along such blocks to terminate permit parking; or the City Council determines that the designation is no longer appropriate due to changes in the uses of property in the zone or due to other legitimate and compelling reasons why the zone is no longer appropriate.
Permits far resident parking in other areas. The City Manager shall have the authority to issue permits to residents living in areas where parking is lawful, but where the span of time that a vehicle may be lawfully parked is controlled by a sign giving notice thereof, if the issuance of the permit is reasonable and necessary for use of the residences.
[Amended 6-26-2018 by Ord. No. 18-11]
[Code 1991, § 12-99]
The City Manager shall erect signs in conformance with City specifications within each permit parking zone. All signs shall be of such design and character as to readily inform the operators of vehicles within permit parking zones of the existence, nature, and requirements of this division and the regulations pertaining to the particular zone.
[Code 1991, § 12-100]
The parking limitations set forth in this division shall not apply to on-street parking by the following types of vehicles:
Vehicles owned or leased by a public agency;
Service or delivery vehicles which are being used to provide services or make deliveries to dwellings within a particular permit parking zone;
Vehicles with valid temporary license tags; and
[Amended 1-23-2018 by Ord. No. 18-02; 6-26-2018 by Ord. No. 18-11]
Nonmotorized vehicles, such as trailers and boats.
[Code 1991, § 12-101]
Prior to the implementation of this division or any amendment to this division or any regulations promulgated under this division, the City Manager shall notify every property owner within the parking zone in which this division or any regulation promulgated under this division shall be applicable at least seven days prior to such implementation. Such notice shall be by first-class mail to the last known address of each property owner, as reflected in the records of the Commissioner of the Revenue.
[Code 1991, § 12-102]
The Chief of Police shall be responsible for the production and issuance of all permits, passes, or other authorizations to park within any permit parking zone, except for motor vehicle license decals issued pursuant to Article II of this chapter. Permits and passes issued by the Chief of Police shall be available at the Police Department during regular business hours and by mail, in accordance with regulations promulgated by the City Manager.