Lynchburg Parking Ordinance
City Council at its October 13, 2009 meeting adopted changes and additions to Article VIII--Stopping, Standing and Parking, of Chapter 25--Motor Vehicles and Traffic, pertaining to parking regulations and enforcement. The edited changes to this ordinance go into effect on January 1, 2010.
Lynchburg City Code
Chapter 25
Motor Vehicles and Traffic
ARTICLE VIII.
STOPPING, STANDING AND PARKING
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DIVISION 2. REMOVAL OF UNATTENDED, ABANDONED, ETC., VEHICLES |
Sec. 25-247. Restricted and no-parking areas.
The city manager or his designee is hereby authorized and directed to determine and define street areas within which the volume of vehicular traffic is such as to require restrictions upon parking of vehicles; to classify vehicles with reference to parking; to designate the time, place and manner in which such vehicles may be allowed to park upon the highways; to make such rules and regulations as traffic conditions may require in various areas and under the varying conditions which may prevail at different times. A listing of such restrictions shall be maintained in the traffic engineering files. It shall be the duty of the traffic engineer, upon the promulgation of such regulations, and before the same shall become effective, to give such public notice thereof, by establishing and posting signs, or otherwise, as may be reasonably adequate to make clear to the operators of vehicles in "no-parking" or "restricted parking" areas, the existence, nature and requirements of such regulations. From and after the effective date of regulations imposed in any area by virtue of the provisions of this chapter, it shall be unlawful for any person to stop or park any vehicle in any restricted or prohibited area otherwise than in accordance with these regulations. (Code 1959, § 20-129; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-247.1. Time zones.
(a) The city council hereby finds that that the free circulation of traffic through the streets of the city is necessary to the health, safety and general welfare of the public; that over the years the revitalization of the city’s central business district has increased the number of residents, customers and visitors in the central business district and has greatly increased the parking of motor vehicles of all kinds on the public streets in the central business district creating parking congestion on the streets in the central business district; and, that such parking congestion prevents the free circulation of traffic in and through the central business district. Therefore, it is the intention of city council to address parking issues in the central business district and to support the recent and planned growth and development in the central business district by providing for the orderly and efficient use of the available parking spaces. This ordinance is adopted pursuant to the authority granted to the city council by Section 46.2-1220 of the Code of Virginia, 1950, as amended.
(b) No person shall park any vehicle in any restricted or prohibited parking area within the central business district for a period of time in excess of the maximum time shown for the parking area as indicated on signs posted on the street where the parking area is located. The central business district is designated as that area of downtown from fifth street to the route 29 business expressway and from clay street to the riverfront.
(c) No person shall park a vehicle within the central business district for longer than the posted time limit on either side of the same street within the same block within an 8 hour period during the same day. For purposes of this section, a “block” is defined as that portion of both sides of the same street between two intersecting streets or what would be the continuation of two intersecting streets. However, parking for longer than the posted time limit in one block does not preclude parking an additional consecutive period of time on another block within the central business district.
(d) The provisions of this section shall apply between the hours designated by the city on all days, except Sundays or on the following holidays: New Year’s Day, Martin Luther King Jr.’s birthday, President’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and day after, Christmas Eve and Christmas Day. (Ord. No. O-09-123, 10-13-09, eff. 1-1-10; Ord. No. O-11-134, 11-22-11)
Sec. 25-247.2. Parking pay station.
(a) No person shall park any vehicle in a parking space for a period of time in excess of the maximum time shown on the parking pay station for the parking space or indicated on signs in the block where the parking pay stations are located, or for a time period in excess of the time limits posted on the street or in a city parking facility.
(b) Within a consecutive time period equal to the time limit posted, no person shall park a vehicle for longer than the posted time limit for the time zone or block.
(c) The provisions of this section shall apply between the hours designated by city council or the city manager on all days, except Sundays or on the following holidays: New Year's Day, Martin Luther King, Jr.'s birthday, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and day after, Christmas Eve and Christmas Day or as otherwise designated by city council or the city manager.
(d) In absence of other posted limits, parking pay stations shall be presumed to be in operation and require the deposit of the required parking fees between the hours of 7:00 a.m. and 5:00 p.m.
(e) No person shall deposit or cause to be deposited in a parking pay station any coin for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time.
(f) No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking pay station or sign installed under this division. (Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-248. Ownership of vehicle presumption.
In any prosecution charging a violation of any parking prohibition or restriction ordinance, regulation or rule, proof that the vehicle described in the complaint, summons or warrant was parked in violation of such ordinance, regulation or rule, together with proof that the defendant was at the time of such parking the registered owner of the vehicle, as required by Code of Virginia, Chapter 3 (Section 46.2-1220 et seq.) shall constitute in evidence a permissible inference that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. (Code 1959, § 20-129; Ord. No. O-11-134, 11-22-11)
Sec. 25-249. Penalty for violation of division.
Unless otherwise provided, any person violating the provisions of this division relating to overtime parking shall be punished by a fine of twenty dollars ($20.00) for each offense; and any person violating the provisions of this division relating to parking in prohibited areas and loading zones shall be punished by a fine of thirty dollars ($30.00) for each offense. (Code 1959, §20-151; Ord. of 9-27-77; Ord. No. O-95-070, 3-28-95, eff. 6-1-95; Ord. No. O-97-235, 11-25-97, eff. 1-1-98; O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-250. Stopping on highways. Generally.
(a) No vehicle shall be stopped in such a manner as to impede or render dangerous the use of the street, alleyway or highway by others, except in the case of an emergency as the result of an accident or mechanical breakdown, in which case the emergency flashing lights of such vehicle shall be turned on if the vehicle is equipped with such lights and such lights are operating, and a report shall be made to the nearest police officer as soon as practicable and the vehicle shall be removed from the roadway to the shoulder as soon as possible and removed from the shoulder without unnecessary delay; and if such vehicle is not promptly removed, such removal may also be ordered by a police officer at the expense of the owner if the disabled vehicle creates a traffic hazard.
(b) Except upon one-way streets, and when actually loading or unloading merchandise as provided in Section 25-259, no vehicle shall be stopped except close to and parallel to the right-hand edge of the curb or roadway. In no instance shall such vehicle be parked with the near wheels further than six (6) inches from the curb.
(c) No vehicle shall be stopped at or in the vicinity of a fire, vehicle or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with the necessary procedures of police officers, fire fighters, rescue workers or others whose duty it is to deal with such emergencies. Any vehicle found unlawfully parked in the vicinity of such fire, accident or area of emergency may be removed by order of a police officer or in the absence of a police officer, by order of the uniformed fire or rescue officer in charge at the risk and expense, not to exceed twenty-five dollars ($25.00), of the owner of the vehicle if such vehicle creates a traffic hazard or interferes with the necessary procedures of police officers, fire fighters, rescue workers or others whose assigned duty is to deal with such emergencies. Vehicles being used by accredited information services, such as press, radio and television, when being used for the gathering of news, shall be exempt from the provisions of this section, except when actually obstructing the police officers, fire fighters and rescue workers dealing with such emergencies.
(d) The provisions of this section shall not apply to any vehicle owned or controlled by the Commonwealth of Virginia Department of Highways and Transportation, or the city, while actually engaged in the construction, reconstruction or maintenance of highways. (Code 1959, § 20-134; Ord. No. O-88-014, § 1, 1-26-88; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-251. Same Mail vehicles.
The provisions of section 25-250(a) shall not apply to any rural mail carrier stopping on the highway while loading or unloading mail at a mailbox; provided that there be lettered on a sign securely attached to and displayed at the rear of such vehicle, in letters at least four (4) inches in height, the following:
CAUTION
FREQUENT STOPS
U.S. MAIL
Nor shall the provisions of section 25-250(a) apply to such mail carrier so stopped if, in lieu of such sign, the vehicle has, and is using, supplemental turn signals mounted at each side of the vehicle upon the roof. Between the lights on the assembly shall be mounted a sign with the words "U.S. Mail," which sign shall be yellow with black letters at least four (4) inches in height, and which light shall be of the type approved by the superintendent of state police. The lettered sign shall be folded down out of vision prior to the first stop on the route and following the last stop on the route.
Provided, further, that nothing in this section shall be construed so as to relieve any such mail carrier from civil liability for such stopping on any highway, if he is negligent in so doing, and if such negligence proximately contributes to any personal injury or property damage resulting therefrom. (Code 1959, § 20-134(f))
Sec. 25-252. To discharge cargo or passengers; school buses.
No truck or bus, or part thereof, except a school bus or public transit bus, shall be stopped on the traveled portion of any highway for the purpose of taking on or discharging cargo or passengers, unless the operator cannot leave the traveled portion of the highway with safety. A school bus or public transit bus may be stopped on the traveled portion of the highway when taking on or discharging passengers, but these stops shall be made only at points where it can be clearly seen for a safe distance from both directions. (Code 1959, § 20-136; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-253. Flares and other signals when vehicle disabled on highway after dark. Required.
Whenever any bus, truck, trailer, house trailer or mobile home is disabled and stops upon any portion of the traveled portion of any highway in this city, except upon streets or highways which are artificially lighted at night, at any time during which lights are required upon motor vehicles by section 25-320, the operator of such bus, truck, trailer, house trailer or mobile home shall place or cause to be placed on the roadway three (3) red reflector flares or torches of a type approved by the superintendent. One of the flares or torches shall be placed in the center of the lane of traffic occupied by the disabled bus, truck, trailer, house trailer or mobile home and not less than one hundred (100) feet therefrom in the direction of the traffic approaching in that lane, one not less than one hundred (100) feet from such bus, truck, trailer, house trailer or mobile home in the opposite direction and one at the traffic side of such bus, truck, trailer, house trailer or mobile home not closer than ten (10) feet from the front or rear thereof; provided, however, that if such bus, truck, trailer, house trailer or mobile home is disabled within five hundred (500) feet of a curve or crest of a hill, or other obstruction to view, the flares or torches in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than five hundred (500) feet from the disabled vehicle. Red reflectorized triangular warning devices of a type approved by the superintendent may be used in lieu of flares or torches. (Code 1959, § 20-137)
Sec. 25-254. Same. When red reflector flares or lanterns required.
If any vehicle referred to in Section 25-253 is used for the transportation of flammable liquids in bulk, whether loaded or empty, or for transporting flammable gases, red reflector flares or red electric lanterns of a type approved by the superintendent shall be used. Such reflectors or lanterns shall be lighted and placed upon the roadway in the manner provided in section 25-253. (Code 1959, § 20-138)
Sec. 25-255. Same. When red flags required instead of flares, etc.
During such time as lights on motor vehicles are not required red flags not less than twelve (12) inches both in length and width shall be used in place of flares, torches, reflectors or lanterns. The flags shall be placed upon the roadway in the manner prescribed in sections 25-253 and 25-254 for flares, torches, reflectors and lanterns, except that no flag shall be required to be placed at the side of such vehicle; but if the disablement of such vehicle continues into the period when lights on motor vehicles are required, flares, torches, reflectors or lanterns shall be placed as required by sections 25-253 and 25-254. Red reflectorized triangular warning devices of a type approved by the superintendent may be used in lieu of flags. (Code 1959, § 20-139)
Sec. 25-256. 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 where authorized by a traffic-control device, including official signs or pavement markings, in any of the following places:
(1) On a sidewalk or city trail;
(2) In front of a public or private driveway so as to block ingress or egress;
(3) Within an intersection or traveled way;
(4) Within fifteen (15) feet of a fire hydrant;
(5) On a crosswalk;
(6) Within twenty (20) feet of a crosswalk at an intersection;
(7) Within thirty (30) feet upon the approach to any flashing beacon, stop or yield sign or traffic-control signal located at the side of a roadway;
(8) Within fifty (50) feet of the nearest rail of a railroad grade crossing;
(9) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of the entrance when properly sign posted;
(10) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic;
(11) On the roadway side of any vehicle parked at the edge or curb of a street;
(12) Upon any bridge or other elevated structure upon a street or highway or within a tunnel;
(13) At any place where official signs and/or pavement markings prohibit parking;
(14) Between the street curb, or the edge of the paved portion of the roadway when there is no street curb, and the adjacent sidewalk;
(15) Between the street curb and the adjacent right-of-way line or sidewalk so as to cause the continual mounting and/or dismounting of the curbing.
(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 1959, § 20-131; Ord. of 6-12-79; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-257. Parking on private property.
No person shall stand or park a vehicle on any private property 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 property or lot area. (Code 1959, § 20-132)
Sec. 25-257.1. Parking on city property.
The city manager or his designee is hereby authorized to establish regulations concerning the parking of vehicles on all property owned or leased by the city, including, pursuant to Section 25-267 of this code, the towing of vehicles parked on such property in violation of such regulations. He shall cause signs to be erected at or near each place to be so regulated sufficient to apprise an ordinarily observant person of such regulations. It shall be unlawful for any person to fail to comply with the requirements of such signs. The provisions of this section shall apply to vehicles parked at the Lynchburg Regional Airport in violation of parking regulations. (Code 1959, § 20-130.1; Ord. of 10-26-76; Ord. No. O-92-277, 9-8-92; Ord. No. O-97-231, 11-25-97; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-257.2. Repealed by Ord. No. O-97-236, 11-25-97.
Sec. 25-258. Parking for certain purposes prohibited.
(a) It shall be unlawful for any person to park or place any automobile, truck, trailer or other vehicle upon or in any street, alley or parkway for the purpose of selling or offering the same for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley, or parkway of the city indicating that such vehicle is offered for sale or for rent. It shall also be unlawful to park any vehicle upon any street in a business district from which any merchandise is being sold, except in the downtown business district by special permit.
(b) It shall be unlawful to stop a vehicle at any time upon the highway for the purpose of advertising any article of any kind, or to display thereupon advertisements of any article or advertisement for the sale of the vehicle itself. (Code 1959, § 20-133; Ord. No. O-09-123, eff. 1-1-10)
Sec. 25-259. Backing up to curbs.
No vehicle shall be backed up to a curb, except during the time actually engaged in loading or unloading merchandise therefrom and shall not be positioned in such a manner as to block traffic. (Code 1959, § 20-135; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-260. Angle or perpendicular parking.
Notwithstanding any of the provisions of this chapter, the city manager or his designee may, when in his discretion the public interest so requires, provide for angle or perpendicular parking on any street, or portion thereof; provided, however, that such streets are marked so as to apprise an ordinarily observant person of the regulation. (Code 1959, § 20-140; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-261. Parking vehicles without state license on highways.
It shall be unlawful to park any vehicle having no current state license on any highway. (Code 1959, § 20-141)
Sec. 25-261.1. Repealed by O-95-242, 9-12-95.
Sec. 25-262. Parking prohibitions within certain areas.
(a) No vehicle, other than a passenger vehicle, pickup or panel truck not exceeding an actual gross weight of seven thousand five hundred (7,500) pounds, shall be parked or left standing in any street of the city in any residential district thereof, for any purpose or length of time, other than for the unloading and delivery or pick-up and loading of merchandise, materials or passengers or while making service calls. Provided, however, that even when engaged in the above-described activities no oversized vehicle shall be parked upon a residential street for any period in excess of forty-eight (48) hours. This prohibition shall not apply to vehicles being used in connection with city projects for the construction, repair, maintenance, remodeling, alteration, grading or other improvement of city-owned property, public streets, public sewers or city-owned utility lines. Vehicles being used in connection with non-city utility and construction work may be allowed to park on residential streets for periods in excess of forty-eight (48) hours with the prior written permission of the city traffic engineer.
(b) No vehicle intended or designed to transport caustic, flammable, explosive or otherwise dangerous materials shall be permitted to be parked over-night on a residential street.
(c) During the time an oversized vehicle is temporarily parked on a residential street it must be parked in such a manner that it does not impede or render dangerous the use of the public street by others. (Code 1959, § 20-142(c); Ord. No. O-96-145, 5-28-96)
Sec. 25-263. Repealed by O-95-242, 9-12-95.
Sec. 25-264. Repealed by Ord. No. O-09-123, 10-13-09, eff. 1-1-10.
Sec. 25-265. Manner of using loading zones.
Where a loading and unloading zone has been set apart by the city manager or his designee in accordance with applicable provisions of this chapter, the following regulations shall apply with respect to the use of such areas:
(a) 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.
(b) The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers or bundles. (Code 1959, § 20-144; Ord. No. O-88-232, 9-13-88; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-266. Manner of using bus stops and taxicab stands.
Where a bus stop or taxicab stand has been set apart by the city manager 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 1959, § 20-145)
Sec. 25-267. Removal and disposition of vehicles unlawfully parked on private or city property.
As authorized by Section 46.2-1232 of the Code of Virginia, it shall be lawful for any owner, operator or lessee of any parking lot or parking area or space therein, or part thereof, or of any other lot or building, including the city, or authorized agent of the person having control of such premises, to have any motor or other vehicle, occupying such lot, area, space or building, or part thereof, without the permission of such owner, operator, lessee or authorized agent of the one having the control of such premises removed, by towing or otherwise, to a licensed garage for storage until called for by the owner or his agent; provided, that notice of such action shall be first or simultaneously therewith given to at least one (1) of the local law enforcement officers; provided further, that in the event of such removal and storage the owner of the vehicle involved shall be chargeable with and such vehicle may be held for a reasonable charge for its removal and storage. All businesses engaged in towing vehicles without the consent of their owners shall prominently display at their main place of business a comprehensive list of all their fees for towing, recovery and storage services, or the basis of such charges. Charges in excess of those posted shall not be collectable from any motor vehicle owner whose vehicle is towed, recovered or stored without his consent. However, notwithstanding the foregoing provisions of this section, if the owner of the trespassing vehicle is present and removes the trespassing vehicle from the premises before it is actually towed, the trespassing vehicle shall not be towed, but the owner of the trespassing vehicle shall be liable for a reasonable fee not to exceed fifty dollars ($50.00) in lieu of towing.
In lieu of having such vehicle removed by towing or otherwise, it shall be lawful for such owner, operator, lessee or authorized agent, including the city, to cause the vehicle to be immobilized by a boot or other device that prevents the vehicle from being moved by preventing a wheel from turning; provided such boot or other device is of a design that does no damage to the vehicle or wheel; and provided further, that the charge for the removal of such boot or device shall not exceed fifty dollars ($50.00). In lieu of having such vehicle removed by towing or otherwise, or in lieu of causing the vehicle to be immobilized, it shall be lawful for such owner, operator, lessee or authorized agent to cause to request a duly authorized police officer to issue on such premises a notice of a violation of Section 25-257 of the city code to the registered owner of such vehicle.
This section shall not apply to city or state owned vehicles or where a vehicle shall, because of a wreck or other emergency, be parked or left temporarily upon the property of another. (Code 1959, § 20-149; Ord. No. O-88-013, § 1, 1-26-88; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-268. Liability for damage to vehicles parked in free parking lot.
(a) No action shall lie or proceeding be brought against any person conducting any business and maintaining a parking lot, at which free parking accommodations are provided for customers or employees of such business, when a motor vehicle is parked in such parking lot, for the total or partial loss of such motor vehicle by reason of theft or damage by any person other than the employee or for the total or partial loss of property left in such motor vehicle by reason of theft or damage by any person other than an employee.
(b) As used in this section, "free parking accommodations" means parking accommodations for which no specific charge is made and the patronage of the business by customers and the performance of the regular services for the business by employees shall not constitute the payment of any consideration for the use of the parking accommodations.
(c) Nothing in this section shall relieve any person of liability resulting from his own wrongdoing. (Code 1959, § 20-150)
Sec. 25-269. Removal or immobilization of motor vehicles against which there are outstanding parking violations.
(a) Whenever there is found parked upon the public streets or highways or public grounds of the city any motor vehicle against which there are three (3) or more outstanding, unpaid or otherwise unsettled parking violation notices or citations, such vehicle may, by towing or otherwise, be removed to another place for temporary storage and safekeeping by an officer or employee of the Police Department, or by any other person acting under the direction of such officer or employee, or such vehicle may be immobilized in such manner as to prevent its removal or operation.
(b) It shall be the duty of any police officer or employee of the Police Department removing or immobilizing the motor vehicle, or under whose direction such vehicle is removed or immobilized, to inform as soon as practical the owner of the removed or immobilized vehicle of the nature and circumstances of the prior unsettled parking violation notices or citations 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 such vehicle in an conspicuous manner, a notice warning that such vehicle has been immobilized and that any attempt to move the vehicle might damage it.
(c) The owner of an immobilized vehicle, or other person acting on the owner's behalf, shall be allowed at least twenty-four (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 a police officer or employee of the Police Department.
(d) The owner of such immobilized motor vehicle, or other person acting on the owner's behalf, may repossess or secure the release of the vehicle by payment of the outstanding parking violations notices or citations for which the vehicle was removed or immobilized and by payment of all reasonable costs incidental to the immobilization, removal and storage of the vehicle, and the efforts to locate the owner of the vehicle. Should the owner of the vehicle fail or refuse to pay such fines and costs, or should the identity or whereabouts of such owner be unknown and unascertainable, such motor vehicle may be sold in accordance with the procedures set forth in sections 46.2-12.13 and 46.2-12.17 of the Code of Virginia. Any personal property found in any unattended or abandoned motor vehicle, trailer, or semitrailer may be sold incident to the sale of the vehicle as authorized in this section.
(e) The owner or other person entitled to lawful procession of a removed or immobilized motor vehicle shall have the right to request a hearing before the city manager or his designee in order to determine the validity of the removal or immobilization. A hearing must be requested in writing within fourteen (14) days after the motor vehicle is immobilized or removed. Administrative hearings will be held between 8:30 a.m. and 5:00 p.m. any weekday which is not a holiday. The hearing officer will review the circumstances and any evidence presented and decide whether just cause existed for the removal or immobilization of a motor vehicle. Anyone wishing to contest a removal or immobilization, should bring the outstanding parking violation notices or citations along with the vehicle registration and any other documentation to be presented to the hearing officer. The removal, immobilization and storage cost will be waived only if the hearing officer determines that the vehicle was improperly removed or immobilized. The hearing shall be in the form of an administrative proceeding rather than a judicial trial and the rules of evidence shall not apply. The decision of the designated hearing officer is final and is not subject to appeal.
(f) Nothing in this section shall be construed to deprive any person of their constitutional right to a hearing in a court of competent jurisdiction as to the outstanding parking violation notices or citations which led to the removal or immobilization of the motor vehicle.
(g) The provisions of this section shall apply to motor vehicles parked at the Lynchburg Regional Airport. (Ord. No. O-95-070, 3-28-95, eff. 6-1-95; Ord. No. O-97-231, 11-25-97; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-270. Construction parking permits.
Construction parking permits are issued by the inspections division of the Community Development Department. Permits will be issued to vehicle owners who are actively engaged in the construction project (plumbing/electrical contractors, etc.). Construction parking permits shall only be issued for vehicles that are used to transport equipment, tools and supplies used by the owner at the work site. (Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-271. Construction dumpster permits.
Dumpster permits are required in order to place dumpsters in on-street parking spaces or on the city’s right-of-way. Permits are issued by the inspections division of the Community Development Department. (Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Secs. 25-272—25-274. Reserved.
DIVISION 2. REMOVAL OF UNATTENDED, ABANDONED, ETC., VEHICLES
Sec. 25-275. Removal authorized.
Whenever any motor vehicle, trailer, semitrailer, or part thereof (i) is left unattended on a public highway or other public property and constitutes a traffic hazard, (ii) is illegally parked, (iii) is left unattended for more than ten (10) days either on public property or on private property without the permission of the property owner, lessee, or occupant, or (iv) is immobilized on a public roadway by weather conditions or other emergency situation, such motor vehicle, trailer, semitrailer, or part thereof may be removed for safekeeping by or under the direction of a police officer.
A motor vehicle, trailer, semitrailer, and part thereof may not be removed from private property without the written request of the owner, lessee, or occupant of the premises. The person at whose request the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer is removed from private property shall indemnify the city, against any loss or expense incurred by reason of removal, storage, or sale thereof. It shall be presumed that such motor vehicle, trailer, semitrailer, or part thereof is abandoned if it (i) lacks either a current license plate, or a valid state safety inspection certificate or sticker, and (ii) it has been in a specific location for four (4) days without being moved. As promptly as possible, each removal shall be reported to the Police Department and to the owner of the motor vehicle, trailer, or semitrailer. Before obtaining possession of the motor vehicle, trailer, semitrailer, or part thereof, the owner of the vehicle shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating said owner. If the owner of the vehicle fails or refuses to pay the cost or if his identity or whereabouts is 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 with the office of the Department of Motor Vehicles against the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of Article 1 of Title 46.2 of the Code of Virginia and may be sold in accordance with the procedures set forth in sections 46.2-12.13 and 46.2-12.17 of the Code of Virginia. Any personal property found in any unattended or abandoned motor vehicle, trailer, or semitrailer may be sold incident to the sale of the vehicle as authorized in this section. (Code 1959, § 20-147; Ord. No. O-88-013, § 1, 1-26-88; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-276. Liability.
The person at whose request a motor vehicle, trailer or semitrailer is removed from privately owned property under the provisions of this division shall indemnify the city against any loss or expense incurred by reason of removal, storage or sale thereof. (Code 1959, § 20-147)
Sec. 25-277. Notice generally.
Each removal of a vehicle under the provisions of this division shall be reported immediately to the chief of police, who shall give notice to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. (Code 1959, § 20-147)
Sec. 25-278. Redemption by owner.
The owner of any motor vehicle, trailer or semitrailer removed under the provisions of this division, before obtaining possession thereof, shall pay to the city all reasonable costs incidental to the removal, storage and location of such vehicle. (Code 1959, § 20-147; Ord. No. O-09-123,
10-13-09, eff. 1-1-10)
Sec. 25-279. Sale authorized.
Should the owner of a vehicle removed under the provisions of this division fail or refuse to pay the costs of such removal and storage thereof, or should the identity or whereabouts of such owner be unknown or 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 division of motor vehicles, the chief of police after holding the motor vehicle, trailer or semitrailer thirty (30) days and after due notice of sale, dispose of the same at public sale and the proceeds from such sale shall be forwarded by the chief of police to the city collector. (Code 1959, § 20-147; Ord. No. O-88-013, § 1, 1-26-88)
Sec. 25-280. Value less than one hundred fifty dollars.
If the value of any motor vehicle, trailer or semitrailer removed under the provisions of this division be determined by three (3) disinterested dealers or garagemen to be less than one hundred fifty dollars ($150.00) which would be incurred by such advertising and public sale, it may be disposed of by private sale or junked. (Code 1959, § 20-147; Ord. No. O-88-013, § 1, 1-26-88)
Sec. 25-281. Disbursement of proceeds from sale.
The city collector shall pay from the proceeds of the sale of any motor vehicle removed under the provisions of this division 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 of such vehicle and paid to him upon satisfactory proof of ownership. (Code 1959, § 20-147)
Sec. 25-282. Special fund.
If no claim has been made by the owner of any motor vehicle, trailer or semitrailer removed and sold under the provisions of this division for the proceeds of such sale, after the payment of the cost of administering this division, the funds shall be deposited in a special fund established by the city for this purpose. Any such owner shall be entitled to apply to the city within three (3) years from the date of such sale and if timely application is made therefor, the city will pay the same to the owner without interest or other charges. No claim shall be made nor shall any suit, action or proceeding be initiated for the recovery of such funds after three (3) years from the date of such sale. This section shall not operate to deprive the city of other remedies available under law to obtain payment from the owner of unattended, abandoned or immobile vehicles for towing, storage or services rendered. (Code 1959, § 20-147; Ord. No. O-88-013, § 1, 1-26-88)
Sec. 25-283. Contracts with private persons for removal, etc., of vehicles.
The city manager 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 this division. The contracts shall provide for the payment by the city 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 to their agents upon demand therefor upon furnishing satisfactory evidence of identity and ownership or agency, and that the owners or operators of such garages or places of storage will indemnify the owners of such vehicles for injury or damage thereto resulting from the negligent removal or storage thereof, and such owners or operators shall be required to provide themselves with adequate liability insurance to cover such indemnity. (code 1959, § 20-148)
Secs. 25-284—25-289. Reserved.
Sec. 25-290. Purposes of system.
In order to reduce hazardous traffic conditions resulting from the use of streets within areas zoned for residential uses for the parking of vehicles by persons not residing therein; to protect those areas from polluted air, excessive noise, trash and refuse caused by the entry of such vehicles; to protect the residents of those areas from unreasonable burdens in gaining access to their residences; to preserve the residential character of those areas; to promote efficiency in the maintenance of those streets in a clean and safe condition; to preserve the value of the property in those areas, and to preserve the safety of children and other pedestrians in traffic safety, and the peace, good order, comfort, convenience and welfare of the inhabitants of the city; it is necessary to establish a system of permit parking. (Code 1959, § 20-142.2; Ord. of 3-13-79; Ord. No. O-80-024, § 1 (20-142.2), 1-22-80)
Sec. 25-291. Definition.
For the purposes of this division, the term "resident" shall be deemed to mean a person who customarily resides and maintains a place of abode within the permit parking district, or who owns realty abutting a street or public way within such a district upon which a dwelling intended for human habitation is located. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1 (20-142.2(b)), 1-22-80)
Sec. 25-292. Violations.
(a) Any person violating the provisions of this division shall, upon conviction thereof, be punished by a fine of not less than ten dollars ($10.00), nor more than fifty dollars ($50.00) for each offense.
(b) In any prosecution charging a violation of this division, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this ordinance, together with proof that the defendant was at the time of such parking the registered owner of the vehicle, as required by the Code of Virginia, Chapter 3 (Section 46.1-41, et seq.). shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred.
(c) If any person transfers, or allows others to use or possess any parking permit issued to them, or gives false answers upon application therefor, or uses or continues to use such parking permit after termination or expiration thereof by expiration of time or operation of law or cessation of residence, or violates any of the terms, conditions, rules or regulations applicable to same, such person shall be guilty of a class 4 misdemeanor. (Code 1959, § 20-142.2(e); Ord. of 3-13-79; Ord. No. O-80-024, § 1 (20-142.2(e)), 1-22-80)
Sec. 25-293. Designation of area.
Should the city manager, based upon studies conducted by the city traffic engineer, ascertain that parking spaces on the streets within a particular residential area or distinct portion of such residential area, not less than the lesser of three hundred and sixty (360) feet or one city block, unless the street in such district is abutted by unimproved land, in which case said minimum lengths shall not apply, are used for the consistent parking of vehicles not belonging to the residents of the particular area to such an extent as to create congestion, excessive noise, air pollution, and cause the residents of such areas unreasonable burdens in gaining access to their residences and that through a petition to the city signed by a majority of the contiguous property owners to the streets of such area, or portion thereof, desire the establishment of such area as a permit parking area, then the city manager shall establish such area as a permit parking district. The issuance of a permit does not guarantee an on-street parking space will be available. (Code 1959, § 20-142.2(a); Ord. of 3-13-79; Ord. No. O-80-024, § 1 (20-142.2(a)), 1-22-80; Ord. No. O-81-165, § 1, 8-11-81; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-294. Appeal from designation.
Any resident of a permit parking district area may appeal the decision of the city manager to the city council. Notice of appeal shall be in writing and filed within thirty (30) days after the decision is rendered by the city manager. (Code 1959, § 142.2(a); Ord. of 3-13-79; Ord. No. O-80-024, § 1 (20-142.2(a)), 1-22-80)
Sec. 25-295. Exceptions.
The parking prohibitions of this division shall not apply to service or delivery vehicles which are being used to provide services to or make deliveries to residents of the permit parking district. (Code 1959, § 20-142.2(c); Ord. of 3-13-79; Ord. No. O-80-024, § 1 (20-142.2(c), 1-22-80))
Sec. 25-296. Permit required.
Unless a parking permit, validly issued pursuant to regulations contained in or adopted pursuant to this division, be properly displayed, no vehicle shall be parked upon any street or public way within a permit district. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(b)), 1-22-80)
Sec. 25-297. Application for permit.
Permanent residents within a permit parking district may apply to the billings and collections division for a permit to park their vehicle(s) upon the streets or public ways of the permit parking district in which such applicant resides. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(b)), 1-22-80; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-298. Permit fees.
A fee of fifteen dollars ($15.00) shall be charged each resident for the issuance of one (1) parking permit, and a fee of fifteen dollars ($15.00) shall be charged each resident for each additional or replacement permit, such fee to be used by the city to defray the cost of the administration and enforcement of the provisions of this division. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(b)), 1-22-80; Ord. No. O-90-093, 3-27-90, eff. 7-1-90; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-299. Issuance.
Upon proof that the applicant for a permit required by the provisions of this division is a resident of the permit parking district, a parking permit shall be issued for each vehicle owned by such applicant. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(b)), 1-22-80)
Sec. 25-300. Duration.
Permits issued under the provisions of this division shall be valid for a period of one year. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(b)), 1-22-80; Ord. No. O-81-165, § 1, 8-11-81)
Sec. 25-301. Nontransferable.
A permit issued under the provisions of this division shall be personal, nonassignable and nontransferable. Each such permit shall be valid only for a specifically prescribed vehicle. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(b)), 1-22-80)
Sec. 25-302. Visitor passes.
Each household shall receive two (2) visitor passes at no additional charge. (Code 1959, § 20-142.2(b); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(b)), 1-22-80; Ord. No. O-96-297, 11-12-96; Ord. No. O-09-193, 10-13-09, eff. 1-1-10)
Sec. 25-303. Signs.
The city manager or his duly designated representative shall cause appropriate signs to be placed upon all streets of the permit parking district, such signs to be of such character as to readily inform an ordinarily observant person of the existence of the parking prohibition within said district. (Code 1959, § 20-142.2(d); Ord. of 3-13-79; Ord. No. O-80-024, § 1(20-142.2(d)), 1-22-80)
Sec. 25-304. Permit parking in certain designated areas of church and court streets.
(a) In order to protect the residents of certain designated areas of Church and Court streets that do not have off street parking from unreasonable burdens in gaining access to their residence and in order to promote traffic safety and the peace, good order, comfort, convenience and welfare of the inhabitance of the city, the city finds that it is necessary to establish a system of permit parking for residents of business districts.
(b) For purposes of this section the term "resident" shall be deemed to mean a person that resides and maintains a place of abode within a business district and does not have off street parking for their vehicle.
(c) A resident in a business district that does not have off street parking for their vehicle may apply to the billings and collections division for a parking permit to park their vehicle in the public streets adjoining their residence in the business district in which they live without regard to the normal restrictions on the length of parking time. Two (2) permit(s) shall be issued for each residential lot.
(d) The parking permit shall be displayed from the rear view mirror of the vehicle in such a manner that it may be viewed from the front and rear of the vehicle. When there is no rear view mirror the permit shall be displayed on the vehicle dashboard. The permit shall not be displayed from the rear view mirror while the vehicle is in motion. If the permit is not properly displayed the normal restrictions on the length of permitted parking time shall apply.
(e) A fee of fifteen dollars ($15.00) shall be charged for each permit issued or each replacement permit. The fees will be used by the city to defray the cost of the Administration and enforcement of the provisions of this section.
(f) Permits issued under this section are valid only on the vehicle for which they are issued and shall be valid for a period of one (1) year.
(g) The person shall not transfer or allow another person to use or possess any parking permit issued to them or continue to use a permit after its termination or expiration or give false information upon application for the permit. Nor shall any person use a permit to park upon the public streets in any business district except for the public streets adjoining their residence.
(h) Any person violating any of the provisions of this section shall be punished by a fine of not more that two hundred fifty dollars ($250.00). In addition the parking permit of such person shall be terminated by the billings and collections division. (Ord. No. O-96-125, 5-14-96; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Sec. 25-305. Permit parking in the central business district (CBD).
(a) In order to protect residents of the central business districts who do not have off-street parking from unreasonable burdens in gaining access to their residences and in order to promote traffic safety and the peace, good order, comfort, convenience and welfare of the inhabitance of the city, the city finds that it is necessary to establish a system of permit parking for residents of the central business district.
(b) Residents who live in the central business district (CBD—designated as that area of downtown from Fifth Street to the Rt 29 Business Expressway and from Clay Street to the riverfront) or residential property owners may apply for a CBD residential parking permit. The permit will allow residents to park in an assigned city off street parking facility closest to their residence twenty-four hours (24) per day, seven (7) days per week. Approval will be based on parking spaces availability. The cost for the first permit shall be twenty-five dollars ($25.00) per month. Each additional permit shall cost fifty dollars ($50.00) per month. Proof of residence is required and maybe satisfied by a copy of a current lease/mortgagedocument reflecting the residential address, a valid Virginia driver's license reflecting the residential address or current vehicle registration.
(c) A resident shall not transfer or allow another person to use or possess any parking permit issued to them or continue to use a permit after its termination or expiration or give false information upon application for the permit. Nor shall any person use a permit to park upon the public streets in the central business district.
(d) Permits issued under this section are valid only on the vehicle for which they are issued and shall be valid for a period of one (1) year.
(e) Any person violating any of the provisions of this section shall be punished by a fine of not more that two hundred fifty dollars ($250.00). In addition the parking permit of such person shall be terminated by the billings and collections division. (Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Secs. 25-306, 25-309. Reserved.
DIVISION 4. PARKING FOR PERSONS WITH DISABILITIES
Sec. 25-310. Parking in spaces reserved for persons with disabilities; penalty.
(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 under §46.2-1241 of the state code, or DV disabled parking license plates issued under subsection B of §46.2-739 of the state code, shall park 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 issued under subsection B of §46.2-739 of the state code 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 or duly designated city employees 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 two hundred fifty dollars ($250.00).
(b) No person shall use or display an organizational removable windshield placard, permanent removable windshield placard or temporary removable windshield placard beyond its expiration date. A violation of this section shall be punishable by a fine of two hundred fifty dollars ($250.00).
(c) 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. A violation of this section shall be punishable by a fine of two hundred fifty dollars ($250.00).
(d) In any prosecution charging a violation of this section, proof that the vehicle described in the complaint, summons, parking ticket, 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, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.
(e) 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 §36-99.11 of the state code, provided the space is clearly distinguishable as a parking space reserved for persons with di sabilities that limit or impair their ability to walk. (Ord. No. O-97-236, 11-25-97; Ord. No. O-11-090, 7-12-11)
Sec. 25-310.1. Adoption of state law.
Pursuant to the provisions of Title 46.2 of the Code of Virginia (1950) as amended, all of the provisions and requirements of Sections 46.2-1240, 46.2-1247, 46.2-1248, 46.2-1249, 146.2-1250, 46.2-1251, 46.2-1252 and 46.2-1253 of the Code of Virginia (1950) as amended, and in effect on July 1, 1997, are hereby adopted and made a part of this division and this chapter as fully as though set out and are hereby made applicable within the city. It shall be unlawful for any person, within the city, to violate or fail, neglect or refuse to comply with any section of the Code of Virginia which is adopted by this section. Pursuant to the provisions of Section 1-12.39:2 of the Code of Virginia, future amendments to the sections of the Code of Virginia, that are incorporated in this section are also automatically incorporated by reference herein. (Ord. No. O-97-236, 11-25-97)
Secs. 25-311, 25-316. Reserved.
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