Town of Hillsville, VA
Carroll County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Hillsville 10-11-1978 as Ch. 20, Arts. I and II, of the 1978 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 34.
Parades — See Ch. 101.
Parking-- See Ch. 104.
Peace and good order — See Ch. 108.
Special events — See Ch. 132.
Streets and sidewalks — See Ch. 136.
Inoperable vehicles — See Ch. 160.
Licensing of vehicles — See Ch. 163.
Article I General Provisions

§ 157-1 Word usage.

§ 157-2 Applicability.

§ 157-3 Adoption of state law.

§ 157-4 Enforcement by officers; officers to be uniformed; officers to be paid fixed and determined salaries.

§ 157-5 Stopping vehicles for inspection or to secure information.

§ 157-6 Authority of fire company officials to direct traffic.

§ 157-7 Driving through funeral or other processions; manner of driving in funeral processions.

§ 157-8 Identification of vehicles in funeral processions; right-of-way of such vehicles.

§ 157-9 Unlawful riding.

§ 157-10 Removal and disposition of certain unattended vehicles; disposition of proceeds.

§ 157-11 Snow tires and chains required under certain conditions.

§ 157-12 Powers of Town Council.

§ 157-13 Arrest for violations of chapter; release on summons and promise to appear; admitting to bail; violations.

§ 157-14 Issuance of warrant upon failure to comply with summons; suspension of licenses for failure to appear.

§ 157-15 When arresting officer shall take person before judicial officer in lieu of issuing summons.

§ 157-16 Compliance with chapter; penalties for violation.

§ 157-17 Penalties for four convictions of certain offenses within ten years.

Article II Operators' Licenses and Vehicle Registration

§ 157-18 Signing, possession and display.

§ 157-19 Attachment and display of state license plates generally.

§ 157-20 Display of fictitious, suspended, etc., registration card, license plate or certificate of title.

§ 157-1 Word usage. [1]

Words and phrases under and contained in this chapter shall have the meanings ascribed to them by § 46.2-100, Code of Virginia, except where the context clearly requires a different meaning.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 157-2 Applicability.

The provisions of this chapter applicable to the drivers of vehicles shall apply to the drivers of all vehicles, regardless of ownership, subject to such specific exceptions as are set forth in this chapter.

§ 157-3 Adoption of state law.

[Amended 7-11-1984; 11-14-1990]
Pursuant to the provisions of § 46.2-1313, Code of Virginia, as amended, all of the provisions and requirements of the laws of the state contained in Chapter 8 (Regulation of Traffic), Chapter 3 (Licensure of Drivers) and Chapter 10 (Motor Vehicle and Equipment Safety) of Title 46.2, as amended, and other provisions of Title 46.2, where applicable, and provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, as amended, except those which are felonies or which by their very nature can have no application within the town, are hereby adopted and made a part of this chapter as fully as though set out herein and are hereby made applicable with the town. References therein to "highways of the state" shall be deemed to refer to streets, highways, and alleys within the town. It shall be unlawful for any person within the town to violate or fail, neglect or refuse to comply with any section of the Code of Virginia which is adopted by this section.

§ 157-4 Enforcement by officers; officers to be uniformed; officers to be paid fixed and determined salaries. [1]

Provisions dealing with enforcement and officers shall be as provided in §§ 46.2-102 and 46.2-103, Code of Virginia,
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 157-5 Stopping vehicles for inspection or to secure information.

Any policeman who shall be in uniform or who shall exhibit his 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 or 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.

§ 157-6 Authority of fire company officials to direct traffic.

Officers of the fire company 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 police officers.

§ 157-7 Driving through funeral or other processions; manner of driving in funeral processions.

A. 
No operator of a vehicle shall drive between the vehicles, persons or animals comprising a funeral or other authorized procession, except when otherwise directed by a police officer. This provision shall not apply to authorized emergency vehicles.
B. 
Each driver in a funeral procession shall drive as near to the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe.

§ 157-8 Identification of vehicles in funeral processions; right-of-way of such vehicles.

A. 
All motor vehicles participating in a funeral procession, when proceeding to any place of burial, shall display illuminated headlamps thereon and such other identification as the Town Manager may prescribe.
B. 
All motor vehicles so designated shall have the right-of-way over all other vehicles, except fire apparatus, ambulances and police vehicles, at any street or highway intersection within the town and may proceed through a stop street or signalized intersection with proper caution and safety.

§ 157-9 Unlawful riding.

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.

§ 157-10 Removal and disposition of certain unattended vehicles; disposition of proceeds. [1]

A. 
Whenever any motor vehicle, trailer or semitrailer is found on the public streets or public grounds unattended by the owner or operator and constitutes a hazard to traffic or is parked in such manner as to be in violation of law or whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten (10) days upon any public property or privately owned property other than the property of the owner of such motor vehicle, trailer or semitrailer within the town, is abandoned upon such public property or privately owned property without the permission of the owner, lessee or occupant thereof or is immobilized on a public roadway by weather conditions or other emergency situation, any such motor vehicle, trailer or semitrailer may be removed for safekeeping by or under the direction of a police officer to a storage garage or area, provided that no such vehicle shall be so removed from privately owned premises without the written request of the owner, lessee or occupant thereof. The person at whose request such motor vehicle, trailer or semitrailer is removed from privately owned property shall indemnify the town against any loss or expense incurred by reason of removal, storage or sale thereof. Each removal shall be reported immediately to the Chief of Police and notice thereof given to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. The owner of such vehicle or trailer or semitrailer, before obtaining possession thereof, shall pay to the town all reasonable costs incidental to the removal, storage and locating the owner of the motor vehicle, trailer or semitrailer. Should such owner fail or refuse to pay the cost or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search has been made and after notice to him at his last known address and to the holder of any lien of record in the office of the Division of Motor Vehicles against the motor vehicle, trailer or semitrailer, the Chief of Police may, after holding the motor vehicle, trailer or semitrailer sixty (60) days and after due notice of sale, dispose of the same at public sale, and the proceeds from the sale shall be forwarded by the Chief of Police to the Town Treasurer, provided that if the value of such motor vehicle, trailer or semitrailer is determined by three (3) disinterested dealers or garagemen to be less than fifty dollars ($50.) which would be incurred by such advertising and public sale, it may be disposed of by private sale or junked. The Town Treasurer shall pay from the proceeds of sale the cost of removal, storage, investigation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner and paid to the owner upon satisfactory proof of ownership.
B. 
If no claim has been made by the owner for the proceeds of such sale, after the nonpayment of the above-mentioned cost of fifty dollars ($50.), the funds may be deposited to the general fund or any special fund of the town. Any such owner shall be entitled to apply to the town within three (3) years from the date of such sale, and if timely application is made therefor, the town shall pay the same to the owner without interest or other charges. No claim shall be made nor shall any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of such sale.
C. 
A motor vehicle, trailer, semitrailer or part thereof shall be presumed to be abandoned if it lacks either a current license plate or a current town license plate or sticker or a valid state safety inspection certificate or sticker and it has been in a specific location for four (4) days without being moved.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 157-11 Snow tires and chains required under certain conditions.

A. 
Whenever snow, sleet, hail or freezing rain has caused slippery or hazardous conditions on any of the public streets of the town, it shall be unlawful for the operator of any motor vehicle to obstruct or impede other vehicular traffic on any such street by reason of failure to have the driving wheels of the vehicle operated by him equipped with adequate snow tires or chains.
B. 
Any person found guilty of violating this section shall be punished by a fine of not less than ten dollars ($10.), nor more than twenty-five dollars ($25.).

§ 157-12 Powers of Town Council.

A. 
The Town Council may designate intersections at which vehicles shall come to a full stop or yield the right-of-way and may cause to be erected appropriate signs or markers at such intersections so that an ordinarily observant person will be aware of the existence of such designation.
B. 
The Town Council may classify vehicles with reference to parking and may designate the time, place and manner such vehicles may be allowed to park on town streets and parking lots and may make and enforce such additional rules and regulations as parking conditions may require. When any parking regulation is established pursuant to this subsection, the Town Council shall cause to be erected appropriate signs or markers so that an ordinarily observant person who may be affected by such regulation will be aware of such regulation.
C. 
The Town Council may cause appropriate signs and markings to be erected, placed and maintained, designating residence and business districts, railway crossings and such other signs and markings upon the sidewalks and streets as may be deemed necessary to carry out the provisions of this chapter. It shall have the power to regulate traffic by means of traffic officers, semaphores or other signaling devices on any portion of the streets where traffic is heavy or continuous or where, in its judgment, conditions may require, and may prohibit other than one-way traffic upon certain streets. It may regulate the use of the streets by processions or assemblages. It may adopt any such regulations not in conflict with the provisions of this chapter as it shall deem advisable and necessary and repeal, amend or modify any such regulations.
D. 
When any regulation is made pursuant to this section and when appropriate signs or markers have been erected as required by this section, it shall be unlawful for any person to violate any such regulation.

§ 157-13 Arrest for violations of chapter; release on summons and promise to appear; admitting to bail; violations. [1]

For provisions dealing with arrests for violations of this chapter, release on summons and promise to appear, admitting to bail and violations, see § 46.2-936, Code of Virginia.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 157-14 Issuance of warrant upon failure to comply with summons; suspension of licenses for failure to appear. [1]

For provisions dealing with the issuance of a warrant upon failure to comply with a summons and suspension of licenses for failure to appear, see § 46.2-938, Code of Virginia.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 157-15 When arresting officer shall take person before judicial officer in lieu of issuing summons. [1]

For provisions dealing with when the arresting officer shall take a person before a judicial officer in lieu of issuing a summons, see § 46.2-940, Code of Virginia.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Original Sec. 20-16, Conditions precedent to issuance of warrant for violation of parking regulations, which immediately followed this section, was repealed 8-12-1987.

§ 157-16 Compliance with chapter; penalties for violation.

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 any rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall, for a first conviction thereof, be punished by a fine of not less than ten dollars ($10.) nor more than one hundred dollars ($100.), or by imprisonment in jail for not less than one (1) nor more than ten (10) days, or by both such fine and imprisonment; for a second such conviction within one (1) year, such person shall be punished by a fine of not less than twenty dollars ($20.) nor more than two hundred dollars ($200.) or by imprisonment in jail for not less than one (1) nor more than twenty (20) days, or by both such fine and imprisonment; for a third or subsequent conviction within one (1) year, such person shall be punished by a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) or by imprisonment in jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment.
C. 
Whenever a specific penalty is provided in the Code of Virginia for the violation of any section of the Code of Virginia adopted by reference by § 157-3 of this chapter, the penalty for a violation of such section, charged on a town warrant or summons, shall be the same as provided by state statute and shall constitute a traffic infraction as provided under the Code of Virginia.

§ 157-17 Penalties for four convictions of certain offenses within ten years.

A. 
If any person, having been convicted three (3) times of any offense or offenses set forth below, within a period of ten (10) years, is again convicted of any one (1) of such offenses within such five-year period, he shall, in addition to the penalty otherwise prescribed by law for such offense, be fined not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.) and confined in jail not less than three (3) months nor more than twelve (12) months. The offenses for a fourth conviction of which such penalties may be imposed are the following: violations within this state of §§ 18.2-266, 46.1-176, 46.1-191 and 46.1-350, Code of Virginia, within the town of §§ 157-19 and 157-26 of this Code, when charged on a town warrant or summons, or of any similar ordinance of any county, city or town in the state, and manslaughter involving the operation of a motor vehicle, voluntary or involuntary, provided that for the purposes of this section where more than one (1) manslaughter conviction results from a single act or omission, then only the first such conviction shall constitute an offense.
B. 
In addition to the penalties set forth in the preceding subsection, if any person is convicted of a fourth offense as therein provided, the court in which such conviction is had shall revoke the operator's or chauffeur's license of such person for a period of five (5) years.
[Amended 8-8-1984]

§ 157-18 Signing, possession and display. [1]

For provisions dealing with signing and possession of registration cards, exhibiting of registration card and operator's etc., licenses and failure to carry a license or registration card, see § 46.2-104, Code of Virginia.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 157-19 Attachment and display of state license plates generally. [1]

A. 
For provisions dealing with the attachment and display of state license plates, see §§ 46.2-715 and 46.2-716, Code of Virginia.
B. 
It shall be unlawful for any person to operate upon a street in the town a pickup or panel truck, tractor truck, trailer or semitrailer with a name on it other than the owner's or lessee's name thereon; provided, however, that advertising material thereon for another pursuant to a valid contract is not prohibited.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 157-20 Display of fictitious, suspended, etc., registration card, license plate or certificate of title. [1]

For provisions relating to the display of a fictitious, suspended, etc., registration card, license plate or certificate of title, see § 46.2-346, Code of Virginia.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.