Highlighted below: 0 of 5 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 58 - TRAFFIC AND VEHICLES#

Footnotes:#

(1) ---

Cross reference— Standing committees of council, § 2-32; animals, ch. 14; cemeteries, ch. 22; fire prevention and protection, ch. 30; law enforcement, ch. 34; mufflers, § 38-67; solid waste, ch. 46; disposal of materials that can damage tires, § 46-4; streets, sidewalks and other public places, ch. 50; vehicles for hire, ch. 66.

State Law reference— Inoperable motor vehicles, etc., on residential or commercial property in certain localities, Code of Virginia, § 15.1-11.03; limited access streets, Code of Virginia, § 15.1-16; municipal regulation of traffic, Code of Virginia, § 15.1-891; identification of handicapped parking spaces by above grade signage, Code of Virginia, § 36-99.11; local vehicle license, Code of Virginia, § 46.2-752 et seq.; abandoned vehicles, Code of Virginia, § 46.2-1200 et seq.; removal of vehicles involved in accidents, Code of Virginia, § 46.2-1212; removal or immobilization of motor vehicles against which there are outstanding parking violations, Code of Virginia, § 46.2-1216; parking regulations in cities, towns and certain counties, Code of Virginia, § 46.2-1220; general powers of local governments as to motor vehicles, Code of Virginia, § 46.2-1300 et seq.

Sec. 58-1. - Adoption of state law.#

Pursuant to the authority of Code of Virginia, § 46.2-1313, as amended, all of the provisions and requirements of the laws of the state contained in Code of Virginia, tit. 46.2, as amended, and in force on July 1, 1992, and as amended thereafter from time to time, and all of the provisions and requirements of Code of Virginia, § 18.2-266 et seq. pertaining to driving motor vehicles, etc., while intoxicated, in force on July 1, 1993, and as amended thereafter 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 the 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 in this section, and it shall be unlawful for any person, within the town, to violate or fail, neglect or refuse to comply with any provisions of Code of Virginia, tit. 46.2 or Code of Virginia, § 18.2-266 et seq. which is adopted by this section; provided, however, that in no event shall the penalty imposed for the violation of any provision or requirement adopted exceed the penalty imposed for a similar offense under Code of Virginia, tit. 46.2 or Code of Virginia, § 18.2-266 et seq.

(Code 1971, § 13-1; Res. of 7-6-92, § 13-1)

State Law reference— Local ordinances incorporating provisions of Code of Virginia by reference, Code of Virginia, § 1-13.39:2; prohibiting driving while under influence of intoxicating liquor, Code of Virginia, § 15.1-132.

Sec. 58-3. - Powers of chief of police.#

(a) The chief of police 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 regulation.

(b) The chief of police may classify vehicles with reference to parking and may designate the time, place and manner such vehicles may be allowed to park on the streets and highways, 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 chief of police 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) 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.

(Code 1971, § 13-2)

State Law reference— Power of town to delegate authority to make parking regulations, Code of Virginia, § 46.2-1220; power of town to delegate authority to designate stop or yield right-of-way intersections, Code of Virginia, § 46.2-1301; regulation of operation of vehicles in snow, sleet, etc., Code of Virginia, § 46.2-1302.

Sec. 58-4. - Authority of fire department officials to direct traffic.#

Officers of the fire department 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.

(Code 1971, § 13-3)

Cross reference— Fire prevention and protection, ch. 30.

State Law reference— Ordinances as to powers and duties of fire departments, Code of Virginia, § 27-14.

Sec. 58-5. - Removal of vehicles involved in accidents and impeding traffic.#

Whenever a motor vehicle, trailer, or semitrailer involved in an accident is so located as to impede the orderly flow of traffic, the police may at no cost to the owner or operator remove the motor vehicle, trailer, or semitrailer to some point in the vicinity where it will not impede the flow of traffic or have the vehicle removed to a storage area for safekeeping and shall report the removal to the state department of motor vehicles and to the owner of the vehicle as promptly as possible. If the vehicle is removed to a storage area as described in this section, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage.

(Code 1971, § 13-26)

State Law reference— Authority of above section, Code of Virginia, § 46.2-1212.

Sec. 58-6. - Pedestrians soliciting employment or business.#

No person shall stand in the vehicular travelled portion of any street or roadway for the purpose of soliciting employment or business from the occupant of any vehicle.

(Code 1971, § 13-27)

State Law reference— Pedestrians soliciting rides, Code of Virginia, § 46.2-929.

Sec. 58-7. - Reserved.#

Editor's note— An ordinance adopted April 15, 2013, repealed former § 58-7 which pertained to right on red prohibited, and derived from an ordinance adopted Dec. 6, 1976.

Sec. 58-8. - Unmuffled compression brakes prohibited.#

(a) Except as provided in this section, no person shall use motor vehicle unmuffled compression brakes within the town limits of the Town of Blackstone, Virginia. It shall be an affirmative defense that said unmuffled compression brakes were applied in an emergency to protect persons and/or property.

(b) This section shall not apply to vehicles of any municipal or county fire department, whether or not responding to an emergency.

(c) As used in this section, the term "compression brakes" means the use of the engine and transmission to retard the forward motion of a motor vehicle by compression of the engine. "Compression brakes" are also referred to as "Jake brakes."

(d) The town shall post at reasonable locations at the boundaries of the town signs indicating "Jake brakes prohibited" or substantially similar wording.

(e) Violation of this section shall constitute a Class 2 misdemeanor.

(Ord. of 1-28-02(2), § 1)

Sec. 58-9. - Mopeds.#

(a) For the purposes of this section, "moped" shall be defined as set forth in Code of Virginia, § 46.2-100, as amended from time to time.

(b) Every person operating a moped on a public street or highway shall wear a face shield, safety glasses or goggles of a type approved by the superintendent of the state police, or shall have his moped equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets of a type approved by the superintendent of the state police.

(c) No moped shall be driven on any highway or public vehicular area faster than 35 miles per hour. Any person who operates a moped faster than 35 miles per hour may be deemed, operating a motorcycle, and charged under the applicable provision of the Virginia Code or the Town of Blackstone Code.

(d) No moped shall be driven on any highway by any person under the age of 16, and every person driving a moped shall carry with him some form of identification that includes his name, address, and date of birth.

(e) Violation of this section shall constitute a traffic infraction punishable by a fine of no more than $50.00.

(Ord. of 8-24-09(2))

ARTICLE II. - TOWN VEHICLE LICENSE#

Footnotes:#

(2) ---

State Law reference— Local vehicle license, Code of Virginia, § 46.2-752 et seq.

Sec. 58-31. - Registration required.#

(a) The resident owner of each motor vehicle or self-propelled vehicle, normally garaged, stored or parked in the town, shall register with the town treasurer each year, on or before April 15, the make, model and vehicle identification number on the vehicle and the state license number.

(b) If it cannot be determined where a vehicle is normally garaged, stored, or parked, or if the owner is a student attending an institution of higher education, the vehicle shall be registered under this section if this town is the domicile of its owner.

(c) For newly acquired vehicles or vehicles newly garaged in the town, the vehicle license tax shall be payable for the full year or prorated for part of the year as set forth in section 58-33 based upon its date of acquisition or date garaged in the town.

(d) The vehicle license tax which is being renewed for an existing vehicle shall be payable on December 15 of each year and shall be for the tax imposed for the full year unless the owner can produce evidence of its sale, transfer of title or destruction during the current tax year in which case the reduced tax imposed pursuant to section 58-33 shall be imposed.

(Code 1971, § 13-48; Ord. of 10-27-08(1))

Sec. 58-32. - Reserved.#

Editor's note— An ordinance adopted Oct. 23, 2006, repealed § 58-32, which pertained to identification tag or decal; issuance; display; transferral and derived from Code 1971, § 13-49; Ord. of 2-7-72, § 13-49.

Sec. 58-33. - Fees.#

(a) Fees under this article for newly acquired or newly garaged vehicles shall be as follows:

If acquired or garaged during the months of:	January 1—July 31	August 1—December 31
Motor vehicles generally	$25.00	$12.50
Motorcycles	$20.00	$10.00
National guard members	$10.00	$5.00

(b) Fees for renewal of license tax for existing vehicles shall be as follows:

	Fee
Motor vehicles generally	$25.00
Motorcycles	$20.00
National guard members	$10.00

(c) Fees for license tax for vehicles sold during the period August 1—December 31 of each year shall be as set forth in paragraph (a) above.

(d) A charge of $1.00 shall be made for the transfer of license from one vehicle to another, and a fee of $0.50 shall be paid for the issuance of duplicate license tag.

(Code 1971, § 13-50; Ord. of 6-28-90(1); Ord. of 10-23-06; Ord. of 10-27-08(1); Ord. of 3-10-11(2))

Sec. 58-34. - Nonresidents.#

A nonresident of the town who is temporarily domiciled and becomes gainfully employed for a consecutive period of 60 days, must secure a license at the expiration of 60 days. However, a nonresident owner temporarily domiciled within the town and not gainfully employed shall be deemed to be a visitor and not subject to this license tax for six months. However, should a nonresident owner continue to maintain a place of abode within the town in excess of six months, then he shall be treated as a resident and purchase tags accordingly.

(Code 1971, § 13-51)

Sec. 58-35. - Exemptions from license tax.#

Nothing in this article shall be construed to require a license tax of a person exempted under the provisions of the laws of the state; nor shall members of the town volunteer fire department be subject to this article, provided red firefighters' tags are furnished to members by the town, and provided such tags are properly displayed upon the vehicle.

(Code 1971, § 13-52)

Sec. 58-56. - 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 righthand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe.

(Code 1971, § 13-6)

Sec. 58-57. - Identification of vehicles in funeral processions; right-of-way.#

(a) 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 chief of police 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.

(Code 1971, §§ 13-6, 13-7)

State Law reference— Right-of-way of funeral processions under police or sheriff's escort, Code of Virginia, § 46.2-828; "emergency vehicle" defined, Code of Virginia, § 46.2-920(C).

DIVISION 2. - PARADES; MOTORCADES#

Footnotes: --- (3) ---

State Law reference— Equine Activity Liability Act, Code of Virginia, § 3.1-796.130 et seq.

Sec. 58-71. - Definitions.#

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Motorcade means an organized procession containing five or more vehicles, except funeral processions, upon any public street, sidewalk or alley.

Parade means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls.

(Ord. of 7-7-86, § 1)

Cross reference— Definitions generally, § 1-2.

Sec. 58-72. - Permit required.#

It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the town or knowingly participate in any such parade or motorcade unless and until a permit to conduct such parade or motorcade has been obtained from the council.

(Ord. of 7-7-86, § 2)

Sec. 58-73. - Application for permit.#

Any person who wants to conduct a parade or motorcade shall apply to the town office for a permit at least 30 days in advance of the date of the proposed parade or motorcade. The council may in its discretion consider any application for a permit to conduct a parade or motorcade which is filed less than 30 days prior to the date such parade or motorcade is to be conducted. The application for such permit shall be made in writing on a form approved by the council. In order that adequate arrangements may be made for the proper policing of the parade or motorcade, the application shall contain the following information:

The name of the applicant, the sponsoring organization, the parade or motorcade chairman and the addresses and telephone numbers of each.
The purpose of the parade or motorcade, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, route to be traveled and the approximate time when the parade or motorcade will assemble, start and terminate.
A description of the individual floats, marching units, vehicles, bands, including a description of any sound amplification equipment to be used.
Such other information as the town manager may deem reasonably necessary.

(Ord. of 7-7-86, § 5)

Sec. 58-74. - Contents of permit.#

(a) Each permit shall specify:

The assembly area and time therefor.
The starting time.
The minimum and maximum speeds.
The route of the parade or motorcade.
What portions of streets to be traversed may be occupied by such parade or motorcade.
The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade.
The maximum length of such parade or motorcade in miles or fractions thereof.
The disbanding area and disbanding time.
The number of persons required to monitor the parade or motorcade.
The number and type of vehicles, if any.
The material and maximum size of any sign, banner, placard or carrying device therefor.
The materials used in the construction of floats used in any parade shall be fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the fire chief.
The permittee agrees to advise all participants in the parade or motorcade, either orally or in writing, of the terms and conditions of the permit prior to the commencement of the parade or motorcade.
The amplification of sound permitted to be emitted from sound trucks or bull horns be fixed and not variable.
The parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stopping of the parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit.
Such other requirements as are found by the council to be reasonably necessary for the protection of persons or property.

(b) All conditions of the permit shall be complied with so far as reasonably practicable.

(Ord. of 7-7-86, § 7)

Sec. 58-75. - Issuance or denial of permit.#

(a) Standards for issuance. No parade or motorcade permit shall be issued unless the permit is conditioned upon the applicant's written agreement to comply with the terms of such permit and upon the finding by the council that:

The time, route and size of the parade or motorcade will not disrupt to an unreasonable extent the movement of other traffic.
The parade or motorcade is not of a size or nature that requires the diversion of so great a number of police officers of the town to properly police the line of movement and the areas contiguous thereto that allowing the parade or motorcade would deny reasonable police protection to the town.
The parade or motorcade is not of a size or nature that the town police officers would be unable to properly police the line of movement in the areas contiguous thereto with the result that allowing the parade or motorcade would endanger the safety of the participants or onlookers.
Such parade or motorcade will not interfere with another parade or motorcade for which a permit has been issued.

(b) Standards for denial. The council may deny an application for a parade or motorcade permit and notify the applicant of such denial if:

The council makes any finding contrary to the findings required to be made for the issuance of a permit.
The information contained in the application is found to be false or nonexistent in any material detail.
The applicant refuses to agree to abide by or comply with all conditions of the permit.

(Ord. of 7-7-86, § 6)

Sec. 58-76. - Filing deadline.#

If an application is not filed within the required time, as specified in section 58-73, the applicant may request a waiver of such requirement by the council at its next regular meeting, or at a special meeting which may be called prior thereto by the council to consider such matter. The town council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement.

(Ord. of 7-7-86, § 8)

Sec. 58-77. - Revocation of permit.#

Any permit for a parade or motorcade issued pursuant to this chapter may be summarily revoked by the mayor or council at any time when by reason of disaster, public calamity, riot or other emergency, the mayor or council determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail.

(Ord. of 7-7-86, § 9)

Sec. 58-78. - Prohibited for commercial purposes.#

No permit shall be issued authorizing the conduct of a parade or motorcade which the council finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is designed to be held purely for private profit.

(Ord. of 7-7-86, § 3)

Sec. 58-79. - Interference.#

No person shall knowingly join or participate in any parade or motorcade conducted under permit from the town in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade or motorcade without the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct.

(Ord. of 7-7-86, § 4)

ARTICLE IV. - STOPPING, STANDING AND PARKING#

Footnotes: --- (4) ---

State Law reference— Abandoned, immobilized, unattended and trespassing vehicles, parking, Code of Virginia, § 46.2-1200 et seq.; local parking regulations, Code of Virginia, § 46.2-1220.

Sec. 58-101. - Penalty for violation of article.#

Any person violating the provisions of this article, or aiding, abetting or assisting in the violation, shall, upon conviction, be sentenced to pay a fine of not less than $10.00 and not more than $75.00 and costs of prosecution for each offense or imprisonment of not more than five days, or both, except that any person violating paragraph (17) of section 58-102(a) or aiding, abetting or assisting in the violation of said paragraph shall, upon conviction, be sentenced to pay a fine of not less than $25.00 and not more than $100.00 and costs of prosecution of each offense or imprisonment of not more than five days, or both, and further except that any person violating paragraph (18) of section 58-102(a) or aiding, abetting or assisting in the violation of said paragraph shall, upon conviction, be sentenced to pay a fine of not less than $100.00 and not more than $500.00 and costs of prosecution of each offense or imprisonment of not more than five days, or both.

(Code 1971, § 13-47; Ord. of 5-19-03; Ord. of 1-26-04)

Sec. 58-102. - Parking prohibited in specified places.#

(a) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:

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 so park a vehicle within 20 feet from the intersection of curblines or, if none, then within 15 feet of the intersection of property lines.
Within 30 feet upon the approach to 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 a different length is indicated by official signs or markings.
Within 50 feet of the nearest rail of a railroad grade crossing.
Within 15 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted.
Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.
On the roadway side of any vehicle parked at the edge or curb of a street.
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 violation of designations of limited parking at certain hours.
In loading zones, except during authorized loading or unloading.
In areas designated as "FIRE ZONE" by signs, yellow markings or yellow painting.
In areas designated as "HANDICAP PARKING" unless the vehicle displays a "Handicap Emblem" license plate issued by a state division of motor vehicles or a temporary "Handicap Emblem" decal lawfully and validly issued to the owner or regular operator of the vehicle by a duly licensed health care provider.

(b) No person other than a police officer shall move a vehicle into any such prohibited area 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.

(Code 1971, § 13-29; Ord. of 5-19-03; Ord. of 1-26-04)

State Law reference— Entering or setting in motion, vehicle, etc., Code of Virginia, § 18.2-147; parking prohibited in certain locations, Code of Virginia, § 46.2-1239.

Sec. 58-103. - Angle parking.#

Notwithstanding any of the provisions of this chapter, the chief of police may, when in his discretion the public interest so requires, provide for angle parking on any street or portion thereof; provided, however, that such streets are marked so as to apprise an ordinarily observant person of such regulation.

(Code 1971, § 13-31)

Sec. 58-104. - Marking of spaces.#

On streets designated under this article, the proper officers shall cause parking spaces to be marked on the pavements or curbs.

(Code 1971, § 13-40)

Sec. 58-105. - Parking on private property generally.#

No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the owner thereof. Whenever signs or markings have been erected on any lot or lot area, contiguous or adjacent to a street, thoroughfare or alley, indicating that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into such lot or area for the purpose of standing or parking such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot area.

(Code 1971, § 13-38)

State Law reference— Ticketing, removal or immobilization of trespassing vehicles by owner or operator of parking or other lot or building, Code of Virginia, § 46.2-1231; liability of persons furnishing free parking accommodations as to motor vehicles and property left therein, Code of Virginia, § 46.2-1234.

ARTICLE V. - INOPERATIVE VEHICLES#

Sec. 58-106. - Reserved.#

Editor's note— An ordinance adopted Aug. 18, 1997, repealed § 58-106, which pertained to removal of inoperative motor vehicles on residential, commercial or agricultural property. See the Code Comparative Table.

Sec. 58-107. - State license tag required for public parking.#

It shall be unlawful to park on public parking lots of the town any vehicles that do not have state license tags affixed thereto.

(Ord. of 3-4-74)

Sec. 58-108. - Manner of parking.#

It shall be unlawful to park any vehicle across any line or marking designating a parking space, or to park the vehicle in any way that the vehicle shall not be wholly within a parking space as designated by the lines or markings.

(Code 1971, § 13-44)

Sec. 58-109. - Parking time limitations in designated areas.#

The town manager is hereby authorized to designate certain streets in town for parking for a specified time limit and no longer. Areas so designated shall be conspicuously marked with signs indicating the amount of time that parking shall be limited to. For example, signs in areas designated for two-hour parking shall state "Two-hour parking only." No vehicle of any kind shall be parked or left standing for any purpose, either with or without the driver therein, in the area so designated by such posted signs, for a longer period of time than is so specified. The time limits posted shall apply Monday through Saturday from 9:00 a.m. to 6:00 p.m. unless otherwise posted. Violation of this article shall be punished pursuant to section 58-101.

(Res. of 9-8-92, § 13-53)

State Law reference— Authority of town to install and maintain parking meters, Code of Virginia, § 46.2-1220.

Sec. 58-110. - Backing up to curb.#

No vehicle shall be backed up to a curb.

(Code 1971, § 13-32)

Sec. 58-111. - Manner of using loading zones.#

(a) Where a loading and unloading zone has been set apart by the chief of police in accordance with applicable provisions of this chapter, subsection (b) of this section shall apply with respect to the use of such areas.

(b) 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.

(Code 1971, § 13-33(a))

Sec. 58-112. - Manner of using bus stops and taxicab stands.#

Where a bus stop or taxicab stand has been set apart by the chief of police in accordance with the applicable provisions of this chapter, no person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately signed; except, that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

(Code 1971, § 13-34)

Sec. 58-113. - Removal and disposition of unattended vehicles generally.#

(a) Whenever any motor vehicle, trailer, semitrailer or part thereof is:

(1) Left unattended on a public highway or other public property and constitutes a traffic hazard;

(2) Illegally parked;

(3) Left unattended for more than ten days either on public property or on private property without the permission of the property owner, lessee, or occupant; or

(4) Immobilized on a public roadway by weather conditions or other emergency situation;

any such motor vehicle, trailer, semitrailer or part thereof may be removed for safekeeping by or under the direction of a police officer to a storage area; provided, however, that no such vehicle or part thereof shall be so removed from privately owned premises without the written request of the owner, lessee or occupant of the premises. The person at whose request such motor vehicle, trailer, semitrailer or part thereof is removed from privately owned property shall indemnify the town against any loss or expense incurred by reason of removal, storage or sale thereof.

(b) It shall be presumed that such motor vehicle, trailer, semitrailer, or part thereof is abandoned if it lacks either a current license plate; or a current county, city or town license plate or sticker; or a valid state safety inspection certificate or sticker; and it has been in a specific location for four days without being moved.

(c) Each removal shall be reported immediately to the police department, and notice thereof shall be given to the owner of the motor vehicle, trailer or semitrailer as promptly as possible.

(d) The owner of such vehicle, trailer, semitrailer or part thereof, before obtaining possession thereof, shall pay to the persons entitled thereto all costs incidental to the removal, storage and locating the owner of such 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 state department of motor vehicles against the motor vehicle, trailer, semitrailer or part thereof, the vehicle shall be treated as an abandoned vehicle under the provisions of Code of Virginia, § 46.2-1200 et seq.

(Code 1971, § 13-35)

State Law reference— Abandoned vehicles, Code of Virginia, § 46.2-1200 et seq.; immobilized and unattended vehicles, Code of Virginia, § 46.2-1209 et seq.; removal and disposition of unattended or immobile vehicles, Code of Virginia, § 46.2-1213.

Sec. 58-114. - Contracts with private persons for removal or storage of vehicles under section 58-113.#

The town shall have the power to enter into contracts with the owner or operator of garages or places for the removal or storage of vehicles referred to in section 58-113. The contracts shall provide for the payment by the town of reasonable charges for the removal and storage of such vehicles, shall require such owners or operators to deliver such vehicles to the owners thereof or their agents upon demand therefor, upon furnishing satisfactory evidence of identity and ownership or agency and upon payment of such removal and storage charges.

(Code 1971, § 13-36)

Sec. 58-115. - Parking in spaces reserved for persons with disability.#

(a) No vehicles other than those displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued in conformity with Virginia Law or DV disabled parking license plates issued in conformity with Virginia Law shall be parked in any parking spaces reserved for persons with disabilities.

(1) 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 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.

(2) 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 Virginia Law without the necessity of a warrant being obtained by the owner of any private parking area.

(3) Parking a vehicle in a space reserved for persons with disabilities in violation of this section shall be punishable by a fine of not less than $100.00 nor more than $500.00. If there is a placard within a vehicle utilizing a parking space reserved for persons with disabilities, but that placard is not displayed as required herein, then the court may provide for a fine less than that imposed under this section.

(b) 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.

(c) No person shall use or display an organizational removable windshield placard, permanent removable windshield placard or temporary removable windshield placard beyond its expiration date.

(d) Organizational removable windshield placards, permanent removable windshield placards and temporary removable windshield placards shall be displayed in such a manner that they may be viewed from the front and rear of the vehicle and be hanging from the rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities that limit or impair their ability to walk. When there is no rearview mirror, the placard shall be displayed on the vehicle's dashboard. No placard shall be displayed from the rearview mirror while a vehicle is in motion.

(Ord. of 2-22-94; Ord. of 8-24-09(3))

ARTICLE V. - INOPERATIVE VEHICLES#

Footnotes: --- (5) ---

Editor's note— An ordinance adopted Aug. 18, 1997, repealed Art. V, §§ 58-136—58-143, which pertained to inoperative vehicles and enacted provisions designated as a new § 58-136. See the Code Comparative Table.

Sec. 58-136. - Removal of inoperative motor vehicles on residential, commercial or agricultural property.#

(a) It shall be unlawful whether as owner, tenant, occupant, lessee or otherwise, for any person, firm or corporation (hereinafter "person") to keep, except within a fully enclosed building or structure, on any property zoned for residential, commercial or agricultural purposes, any vehicle, which is inoperative.

(b) As used in this section, an inoperative vehicle, shall mean any motor vehicle, trailer or semitrailer, as defined in Code of Virginia, § 46.2-100:

(1) Which is not in operating condition; or

(2) On which there are displayed neither valid license plates nor a valid inspection decal; or

(3) Any motor vehicle which for a period of 60 days or longer has been partly or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle;

(c) A person violating any provision of this section shall be given written notice prepared by the town manager or his designee, that the keeping of such inoperative vehicle constitutes a violation which must be abated within 30 days from the date of such notice.

(d) Service of the notice provided for in subsection (c) shall be as follows:

(1) If to the owner, tenant, occupant or lessee of the premises upon which the inoperative vehicle is located, then by first-class mail and by certified or registered mail to said person, return receipt requested, to the address of the premises as shown on the tax records of the town or by personal delivery to said person or the owner's agent if a firm or corporation.

(2) If to the owner of the inoperative vehicle, then by first-class mail and by certified or registered mail, return receipt requested, to the address of the registered owner as shown on the records of the Virginia Department of Motor Vehicles or by personal delivery to said owner or the owner's agent if a firm or corporation.

(3) If to a bailee, lessee or possessor or other person responsible for or in charge of said inoperative vehicle other than an owner, then unto the address of said person, firm or corporation as verified by affidavit of an agent of the town, under oath, setting forth the basis for determining the address, by first-class mail and by certified or registered mail, return receipt requested or by personal delivery unto said person or the agent if a firm or corporation.

Notices served hereunder by personal delivery may be served by any duly authorized agent or employee of the town who shall note the date, time and place of delivery on the back of a duplicate of the notice and shall file the same in the office of the town manager.

(e) After notice provided in this section, the owners of property zoned for residential, commercial or agricultural purposes shall, at such time or times as the locality prescribes, remove therefrom any such inoperable motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure. The town, through its own agents or employees may remove any such inoperable motor vehicles, trailers or semitrailers, whenever the owner of the premises, after reasonable notice, has failed to do so.

(f) The town, its employees and its agents are authorized to enter private or public property to remove the inoperative vehicle. The owner shall indemnify the town, its employees and its agents from any damage caused by removing and taking possession of such vehicle.

(g) If, after receiving notice, the inoperative vehicle has not been abated, the chief of police or his designee may issue a summons to appear in general district court.

In any trial for a scheduled violation authorized by this section, it shall be the burden of the town to show the liability of the violator by a preponderance of the evidence.

(h) The town manager or the chief of police shall have the power to enter into contracts with the owner or operator of garages or places for the removal or storage or sale of vehicles referred to in this article. The owners of the garages or places of storage shall indemnify the town for injury or damage resulting from the negligent removal and storage thereof, and such owners or operators shall be required to provide themselves with adequate liability insurance to cover such indemnity. The owners of the garages and places of storage shall be bound to follow all applicable provisions of the Blackstone Town Code.

(i) Any inoperative vehicle removed pursuant to this section may be stored at any or other storage area designated by the chief of police, his employees or agents, provided such impoundment yard or other storage area is in accordance with the applicable provisions of the zoning ordinance for such uses.

(j) Upon the removal of any inoperative vehicle pursuant to this article, the town shall notify the owner of the vehicle and the owner of the property from which the vehicle was removed and any lienholders of record of the vehicle.

(k) Violations of this section are also subject to civil penalty. The penalty for any one violation shall be a civil penalty of $200.00 for the initial summons and $500.00 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.00. Designation of a violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, however, such violations shall be a class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the impositions of civil penalties for the same violation.

(l) Exceptions:

(1) The provisions of this section shall not apply to any business duly licensed to deal in the buying, selling, storing or disassembling of motor vehicles, trailers or semitrailers, or the temporary storage of motor vehicles, trailers or semitrailers awaiting repairs, or any motor vehicle, trailer or semitrailer which is designed or used primarily for agricultural or horticultural purposes and which is kept upon a farm or other property principally used for such purposes.

(2) Notwithstanding the other provisions of this subsection, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, the vehicle and one additional inoperative motor vehicle that is being used for the restoration or repair may remain on the property.

(Ord. of 8-18-97; Ord. of 8-16-04; Ord. of 6-16-08(2); Ord. of 10-27-08(2); Ord. of 6-19-17)

State Law reference— Similar provisions, Code of Virginia, § 15.2-904.