The code of the city of Charlottesville, Virginia, 1965 : ::

Pursuant to the authority of section 46.1-188 of the Code of
Virginia, as amended, all of the provisions and requirements of
the laws of the state contained in Title 46.1 of the Code of
Virginia, as amended, and in force on July 1, 1974, except those
provisions and requirements the violation of which constitute a
felony, and except those provisions and requirements which by
their very nature can have no application to or within the city, are
hereby adopted and incorporated in this chapter by reference and
made applicable within the city. References to "highways of the
state" contained in such provisions and requirements hereby
adopted shall be deemed to refer to the streets, highways and
other public ways within the city. Such provisions and
requirements are hereby adopted, mutatis mutandis, and made a
part of this chapter as fully as though set forth at length herein,
and it shall be unlawful for any person, within the city, to
violate or fail, neglect or refuse to comply with any provision of
Title 46.1 of the Code of Virginia which is adopted by this section;
provided, that in no event shall the penalty imposed for the
violation of any provision or requirement hereby adopted exceed
the penalty imposed for a similar offense under Title 46.1 of the
Code of Virginia. (3-19-73; 7-1-74.)

Sec. 18-2. Supervision by city manager and chief of police.

The city manager and the chief of police shall have general

268

supervision and control of the operation and parking of vehicles in
the interest of public safety, comfort and convenience, not
inconsistent with the provisions of this chapter or of Title 46.1 of
the Code of Virginia. (Code 1959, § 18-2.)

Sec. 18-3. Regulatory powers of city manager and chief of
police.[158]

The city manager and the chief of police shall have power to
regulate traffic by means of traffic officers or semaphores or
other signaling devices on any portion of a street where traffic
is heavy or continuous, or where in their judgment conditions
may require, and may regulate the use of the streets by
processions or assemblages.

The city manager and the chief of police may also, when and
where conditions require:

Adopt any such regulations not in conflict with the provisions
of this chapter as they shall deem advisable and necessary, and
repeal, amend or modify any such regulations; provided, that
such regulations, laws or rules shall not be deemed to be violated
if, at the time of the alleged violation, any sign or designation
required under the terms of this chapter was missing, effaced,
mutilated or defaced, so that an ordinarily observant person,
under the same circumstances, would not be apprised of or aware
of the existence of such rule.

Adopt regulations requiring all vehicles to come to a full stop or
yield the right of way at any street intersection other than
vehicles on a street which has been designated as a part of the
primary system of state highways.

Designate by appropriate signs or markers one-way streets and
truck routes.

The chief of police shall have authority to erect and maintain
upon the sidewalks and streets of the city such signs, signals and
other devices for handling traffic as he may deem necessary,
provided the same are placed in accordance with

268.1

traffic regulations which have been approved by the city manager.

It shall be unlawful for any person to violate any such
traffic regulation, sign, signal or other device for handling
traffic. (Code 1959, § 18-3.)

[158]

For state law as to powers of local authorities generally, see Code of Va., §
46.1-180 et seq.

Sec. 18-4. Obedience to police.

Persons using the sidewalks and streets of the city shall
comply at all times and places with any direction by voice,
hand, whistle, sign or signal from any member of the police
force as to the starting, stopping, slowing, parking, loading or
unloading of vehicles or the discharge of passengers. (Code
1959, § 18-4.)

Secs. 18-5 to 18-11. Repealed.

Sec. 18-12. Injuring, tampering or interfering generally with
vehicles.[159]

No person shall individually or in association with one or
more others wilfully break, injure, tamper with or remove
any part of any motor vehicle, trailer or semitrailer for the
purpose of injuring, defacing or destroying such motor vehicle,
trailer or semitrailer or temporarily or permanently
preventing its useful operation, or for any purpose, against
the will or without the consent of the owner of such motor
vehicle, trailer or semitrailer, nor shall any person in any
other manner wilfully or maliciously interfere with or prevent
the running or operation of such motor vehicle, trailer
or semitrailer.

268.2

and starting crank or other device, brakes or mechanism
thereof or to set such motor vehicle, trailer or semitrailer
in motion, except that the foregoing provision shall not apply
when any such act is done in an emergency or in furtherance
of public safety or by or under the direction of an officer in
the regulation of traffic or the performance of any other official
duty. (Code 1959, § 18-12.)

[159]

For similar state law, see Code of Va., §§ 18.1-166, 18.1-167.

Sec. 18-13. 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 peace
officers. (Code 1959, § 18-13.)

Sec. 18-14. Display of city license plate, tag or other indicia
of license.[160]

License number plates, tags or other indicia of license shall
be issued each year by the city to each owner of a motor
driven vehicle on which the city license tax has been paid.
Any license number plate shall always be in evidence upon
the front or rear of each machine and shall be maintained in
such a condition as to be legible at all times. Decalcominia or
other stickers issued by the city shall be attached to the
lower right-hand side of the windshield or to such other location
as the director of finance shall direct on vehicles not
equipped with windshields. (Code 1959, § 18-14; 2-20-73.)

[160]

For state law authorizing city to require licenses for vehicles, see
Code of Va., § 46.1-65.

Sec. 18-15. Operating automobile without driver's permit.

It shall be unlawful for any person to operate on the streets
of the city any motor vehicle unless such person shall have
secured a driver's permit as required by the laws of the state
and such permit is in force. (Code 1959, § 18-15.)

Secs. 18-16 to 18-19. Repealed.

269

Sec. 18-19.1. Impeding traffic due to lack of snow tires or
chains.[161]

It shall be unlawful for the operator of any motor vehicle
to block or impede the orderly flow of traffic on any street
within the city by reason of not having adequate snow tires
or tire chains on his vehicle when snow or ice is on the city
streets. Any violation of this section shall be punished by a
fine not exceeding twenty-five dollars for each such offense.
The city manager or his duly authorized representative may
have any vehicles which have become stalled, stuck or abandoned
and are impeding the orderly flow of traffic in violation
of this section towed away to a storage lot or garage, and the
owner of such vehicle shall pay the cost of such storage and
towing, and these charges may be recovered by civil warrant
and shall be in addition to any fines levied pursuant to this
section. (12-3-62.)

[161]

For state law authorizing city to adopt this section, see Code of
Va., § 46.1-180.2.

Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[162]

(a) Definitions. For the purposes of this section, the following
words and phrases shall have the meanings respectively
ascribed to them by this subsection:

(1) Abandoned Motor Vehicle. A motor vehicle,
trailer or semitrailer or part thereof that:

a. is inoperable and is left unattended on public property
for more than seventy-two hours, or

b. has remained illegally on public property for a period
of more than seventy-two hours, or

c. has remained on private property without the consent
of the owner or person in control of the property for
more than forty-eight hours.

270-282

(2) Demolisher. Any person, firm or corporation whose
business is to convert a motor vehicle, trailer or semitrailer
into processed scrap or scrap metal or otherwise to wreck; or
dismantle such vehicles.

(b) City manager authorized to take abandoned vehicles
into custody. The city manager may take into custody any
abandoned motor vehicle. In such connection, the city manager
may employ city personnel, equipment and facilities or
hire persons, equipment and facilities or firms or corporations
who may be independent contractors for the purpose of
removing, preserving and storing abandoned motor vehicles.

(1) When the city manager takes into custody an abandoned
motor vehicle, he shall notify, within fifteen days thereof,
by registered or certified mail, return receipt requested,
the owner of record of the motor vehicle and all persons
having security interests therein of record, that the vehicle
has been taken into custody. The notice shall describe the
year, make, model and serial number of the abandoned motor
vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any persons having
security interests of their right to reclaim the motor vehicle
within three weeks after the date of the notice, upon
payment of all towing, preservation and storage charges resulting
from placing the vehicle in custody, and state that
the failure of the owner or persons having security interests
to exercise their right to reclaim the vehicle within the time
provided shall be deemed a waiver by the owner, and all persons
having any security interests, of all right, title and interest
in the vehicle, and consent to the sale of the abandoned
motor vehicle at a public auction.

(2) If records of the division contain no address for the
owner or no address of any person shown by such records
to have a security interest, or if the identity and addresses of

271

Chauffeur. Every person employed for the principal purpose
of operating a motor vehicle and every person who drives
a motor vehicle while in use as a public or common carrier
of persons or property.

Commission. The state corporation commission.

Commissioner. The commissioner of the division of motor
vehicles of this state.

Crosswalk. (a) That part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks
on opposite sides of the highway measured from the
curbs or, in the absence of curbs, from the edges of the
traversable roadway;

(b) Any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines
or other markings on the surface.

Dealer. Every person engaged in the business of buying,
selling or exchanging motor vehicles, trailers and semitrailers
in this city and who has an established place of business for
such purposes in this city at which place of business the
books and records of such dealer are kept and at which a substantial
part of the business of such dealer is conducted.

Division. The division of motor vehicles of this state.

Essential parts. All integral parts and body parts, the removal,
alteration or substitution of which will tend to conceal
the identity of a vehicle.

Farm tractor. Every motor vehicle designed and used primarily
as a farm, agricultural or horticultural implement for
drawing plows, mowing machines and other farm, agricultural
or horticultural machinery and implements.

Intersection. (a) The area embraced within the prolongation
or connection of the lateral curb lines, or, if none, then
the lateral boundary lines of the roadways of two streets
which join one another at, or approximately at, right angles,
or the area within which vehicles travelling upon different
streets joining at any other angle may come in conflict.

(b) Where a street includes two roadways thirty feet or
more apart, then every crossing of each roadway of such

272

divided street by an intersecting street shall be regarded as
a separate intersection. In the event such intersecting street
also includes two roadways thirty feet or more apart, then
every crossing of two roadways of such street shall be regarded
as a separate intersection.

Metal tires. All tires the surface of which in contact with
the street is wholly or partially of metal or other hard, nonresilient
material.

Motorcycle. Every motor vehicle designed to travel on not
more than three wheels in contact with the ground and any
four-wheeled vehicle weighing less than five hundred pounds
and equipped with an engine of less than six horsepower,
except any such vehicle as may be included within the term
"farm tractor" as defined in this section.

Motor vehicle. Every vehicle as defined in this section which
is self-propelled or designed for self propulsion.

Nonresident. Every person who is not domiciled in this
state, except:

(a) Any foreign corporation which is authorized to do
business in this state by the state corporation commission
shall be deemed a resident of the state for the purpose of
this chapter; provided, however, that in the case of corporations
incorporated in this state but doing business without
the state, only such principal place of business or branches
located within this state shall be dealt with as residents of
this state.

(b) A person who becomes engaged in a gainful occupation
in this state for a period exceeding sixty days shall be
deemed a resident for the purpose of this chapter.

(c) A person who has actually resided in this state for a
period of six months, whether employed or not, or who has
registered a motor vehicle, listing an address within this state
in the application for registration, shall be deemed a resident
for the purposes of this chapter.

Operator. Every person who drives or is in actual physical
control of a motor vehicle upon a street or who is exercising
control over or steering a vehicle being towed by a motor
vehicle.

272.1

Owner. A person who holds the legal title of a vehicle or,
in the event a vehicle is the subject of an agreement for the
conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee or in the event a mortgagor of a
vehicle is entitled to possession, then such confidential vendee
or lessee or mortgagor shall be deemed the owner for the purpose
of this chapter, except that in all such instances when
the rent paid by the lessee includes charges for services of
any nature or when the lease does not provide that title shall
pass to the lessee upon payment of the rent stipulated, the
lessor shall be regarded as the owner of such vehicle and the
vehicle shall be subject to such requirements of this chapter
as are applicable to vehicles operated for compensation; provided,
that a "truck lessor," as defined in Code of Virginia,
1950, section 46.1-1, subsection (36), shall be regarded as the
owner, and his vehicle shall be subject to such requirements
of this chapter as are applicable to vehicles of private carriers.

Peace or police officer. Every officer authorized to direct
or regulate traffic or to make arrests for violations of traffic
regulations.

Person. Every natural person, firm, partnership, association
or corporation.

Pneumatic tires. All tires inflated with compressed air.

Private road or driveway. Every way in private ownership
and used for vehicular travel by the owner or those having
express or implied permission from the owner, but not by
other persons.

Reconstructed vehicle. Every vehicle of a type required to
be registered hereunder materially altered from its original
construction by the removal, addition or substitution of essential
parts new or used.

Residence district. The territory contiguous to a street or
highway, not comprising a business district, where seventy-five
percent or more of the property contiguous to such street
or highway, on either side of the street or highway, for a distance
of three hundred feet or more along the street or highway,
is occupied by dwellings and land improved for dwelling

272.2

purposes, or by dwellings, land improved for dwelling purposes
and land or buildings in use for business purposes.

Road tractor. Every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any
load thereon independently or any part of the weight of a
vehicle or load so drawn.

Roadway. That portion of a street improved, designed or
ordinarily used for vehicular travel, exclusive of the shoulder.
A street may include two or more roadways if divided
by a physical barrier or barriers or unpaved area.

Safety zone. The area or space officially set apart within
a roadway for the exclusive use of pedestrians and which is
protected or is so marked or indicated by adequate signs as
to be plainly visible at all times while set apart as a safety
zone.

School bus. Any motor vehicle, except a commercial bus,
station wagon, automobile or truck, which is designed and used
primarily for the transportation of pupils to and from public,
private or parochial schools, which is painted yellow with the
words "School Bus, Stop, State Law" in black letters of specified
size on front and rear, and which is equipped with warning
devices prescribed in section 46.1-287 of the Code of Virginia.

Semitrailer. Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some part
of its own weight and that of its own load rests upon or is
carried by another vehicle.

Shoulder. That part of a street between the portion regularly
travelled by vehicular traffic and the lateral curb line
or ditch.

Solid rubber tires. Every tire made of rubber other than
a pneumatic tire.

Specially constructed vehicles. Any vehicle which shall not
have been originally constructed under a distinctive name,
make, model or type by a generally recognized manufacturer
of vehicles and not a reconstructed vehicle as defined in this
section.

273

Street. The entire width between the boundary lines of
every way or place of whatever nature open to the use of the
public for purposes of vehicular travel in this city, including
the alleys and publicly maintained parking lots in the city.

Superintendent. The superintendent of the department of
state police of this state.

Tractor truck. Every motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as
to carry a load other than a part of the load and weight of
the vehicle attached thereto.

Traffic lane or lane. That portion of a roadway designed or
designated to accommodate the forward movement of a single
line of vehicles.

Trailer. Every vehicle without motive power designed for
carrying property or passengers wholly on its own structure
and for being drawn by a motor vehicle.

Vehicle. Every device in, upon or by which any person or

275

property is or may be transported or drawn upon a street,
except devices moved by human power or used exclusively
upon stationary rails or tracks. (Code 1959, § 18-1; 6-21-65,
§ 1.)

[162]

For state law authorizing city to adopt regulations relative to removal
of unattended or abandoned vehicles, see Code of Va., § 46.1-3.

Sec. 18-2. Supervision by city manager and chief of police.

The city manager and the chief of police shall have general
supervision and control of the operation and parking of vehicles
in the interest of public safety, comfort and convenience,
not inconsistent with the provisions of this chapter or
of Title 46.1 of the Code of Virginia. (Code 1959, § 18-2.)

Sec. 18-3. Regulatory powers of city manager and chief of
police.[163]

The city manager and the chief of police shall have power
to regulate traffic by means of traffic officers or semaphores
or other signaling devices on any portion of the street where
traffic is heavy or continuous, or where in their judgment
conditions may require, and may regulate the use of the
streets by processions or assemblages.

The city manager and the chief of police may also, when
and where conditions require:

Adopt any such regulations not in conflict with the provisions
of this chapter as they shall deem advisable and necessary,
and repeal, amend or modify any such regulations;
provided, that such regulations, laws or rules shall not be
deemed to be violated if, at the time of the alleged violation,
any sign or designation required under the terms of this chapter
was missing, effaced, mutilated or defaced, so that an
ordinarily observant person, under the same circumstances,
would not be apprised of or aware of the existence of such
rule.

Adopt regulations requiring all vehicles to come to a full
stop or to yield the right of way at any street intersection
other than vehicles on a street which has been designated as
a part of the primary system of state highways.

Designate by appropriate signs or markers one-way streets
and truck routes.

276

The chief of police shall have authority to erect and maintain
upon the sidewalks and streets of the city such signs, signals
and other devices for handling traffic as he may deem
necessary, provided the same are placed in accordance with
traffic regulations which have been approved by the city
manager.

It shall be unlawful for any person to violate any such
traffic regulation, sign, signal or other device for handling
traffic. (Code 1959, § 18-3.)

[163]

For state law as to powers of local authorities generally, see Code
of Va., § 46.1-80 et seq.

Sec. 18-4. Obedience to police.

Sec. 18-5. Stopping vehicles for inspection or to secure information.[164]

Any policeman who shall be in uniform or who shall exhibit
his badge or other sign of authority shall have the right
to stop any motor vehicle, trailer or semitrailer, upon request
or signal, for the purpose of inspecting the motor vehicle,
trailer or semitrailer as to its equipment and operation, its
manufacturer's serial or engine number or its contents or load,
if such motor vehicle, trailer or semitrailer is a property-carrying
vehicle, or for the purpose of securing such other
information as may be necessary. (Code 1959, § 18-5.)

[164]

For similar state law, see Code of Va., § 46.1-8.

Sec. 18-6. Right to inspect vehicles in garages, etc.[165]

Any police officer who shall be in uniform or shall exhibit
a badge or other sign of authority shall have the right to inspect
any motor vehicle, trailer or semitrailer in any public
garage or repair shop, for the purpose of locating stolen motor
vehicles, trailers and semitrailers and for investigating the
title and registration of motor vehicles, trailers and semitrailers.

277

For such purpose the owner of any such garage or
repair shop shall permit any such police officer without let
or hindrance to make investigation as herein authorized.
(Code 1959, § 18-6.)

[165]

For similar state law, see Code of Va., § 46.1-9.

Sec. 18-7. Reports by persons in charge of garages, parking
places, etc.[166] —Vehicle struck by bullets.[167]

The person in charge of any garage or repair shop to which
is brought any motor vehicle that shows evidence of having
been struck by a bullet shall report to the police station,
within twenty-four hours after the motor vehicle is received,
giving the engine number, registration number, serial number
or identification number, and the name and address of
the owner or operator of the vehicle, if known. (Code 1959, §
18-7.)

[166]

As to other reports by persons in charge of garages, etc., see §
18-156 of this Code.

[167]

For similar state law, see Code of Va., § 46.1-10.

Sec. 18-8. Same—Vehicles left unclaimed.[168]

The person in charge of any garage or repair shop or automotive
service, storage or parking place shall report to the
police station any motor vehicle left unclaimed in his place
of business for more than two weeks when he does not of his
own knowledge know the name of the owner and the reason
for such storage. (Code 1959, § 18-8.)

[168]

For similar state law, see Code of Va., § 46.1-11.

Sec. 18-9. Same—Vehicles with certain equipment.[169]

The person in charge of any garage or repair shop shall,
within twenty-four hours, report to the chief of police any
motor vehicle, other than an authorized police or fire department
vehicle, brought to his place of business upon which is
discovered any bullet-proof glass or any smoke screen device
of any nature. (Code 1959, § 18-9; 6-21-65, § 2.)

[169]

For similar state law, see Code of Va., § 46.1-12.

278

Sec. 18-10. Applicability of chapter to vehicles regardless of
ownership.[170]

The provisions of this chapter applicable to the drivers of
vehicles upon the streets shall apply to the drivers of all
vehicles regardless of ownership, subject to such specific exceptions
as are set forth in this chapter. (Code 1959, § 18-10.)

[170]

For similar state law, see Code of Va., § 46.1-168.

Sec. 18-11. Persons riding bicycles or animals or driving animals
subject to provisions of chapter.[171]

Every person riding a bicycle or an animal upon a roadway
and every person driving any animal thereon shall be subject
to the provisions of this chapter applicable to the driver of a
vehicle, except those provisions which by their very nature
can have no application. (Code 1959, § 18-11.)

[171]

For similar state law, see Code of Va., § 46.1-171.

Sec. 18-12. Injuring, tampering or interfering generally with
vehicles.

No person shall, without the consent of the owner or person
in charge of a motor vehicle, trailer or semitrailer, climb
into or upon such motor vehicle, trailer or semitrailer with
intent to commit any crime, malicious mischief or injury
thereto or, while a motor vehicle, trailer or semitrailer is at
rest and unattended, attempt to manipulate any of the levers
and starting crank or other device, brakes or mechanism
thereof or to set such motor vehicle, trailer or semitrailer
in motion, except that the foregoing provision shall not apply

279

when any such act is done in an emergency or in furtherance
of public safety or by or under the direction of an officer in
the regulation of traffic or the performance of any other official
duty. (Code 1959, § 18-12.)

Sec. 18-13. Authority of fire department officials to direct
traffic.

Sec. 18-14. City license number plates to be attached to front
or rear of motor vehicle.[172]

License number plates shall be issued each year by the city
to each owner of a motor-driven vehicle on which the city
license tax has been paid. Such license number plate shall
always be in evidence upon the front or rear of each machine
and shall be maintained in such a condition as to be legible
at all times. (Code 1959, § 18-14.)

[172]

For state law authorizing city to require licenses for vehicles,
see Code of Va., § 46.1-65.

Sec. 18-15. Operating automobile without driver's permit.

Sec. 18-16. Unlawfully permitting another to drive.[173]

It shall be unlawful for any person to authorize or knowingly
permit a motor vehicle owned by him or under his control
to be driven by any person who has no legal right to do
so or in violation of Code of Virginia, sections 46.1-348 to
46.1-387. (Code 1959, § 18-16.)

[173]

For similar state law, see Code of Va., § 46.1-386.

280

Sec. 18-17. Persons operating and riding upon motorcycles.[174]

A person operating a motorcycle, as defined in section 18-1,
excluding four-wheeled and three-wheeled vehicles, shall ride
only upon the permanent and regular seat attached to the
motorcycle, and such operator shall not carry any other person,
and no other person shall ride on a motorcycle unless
such motorcycle is designed to carry more than one person,
in which event a passenger may ride upon the permanent and
regular seat if designed for two persons, or upon another seat
firmly attached to the rear or side of the seat for the operator.
If such motorcycle is designed to carry more than one person,
it shall also be equipped with a footrest, for the use of such
passenger.

A person operating a motorcycle shall wear safety glasses
or goggles or have his motorcycle equipped with safety glass
or a windshield at all times while operating such vehicle.
Failure to wear safety glasses or goggles shall not constitute
negligence per se in any civil proceeding.

Any person who violates this section shall be guilty of a misdemeanor,
and shall be punished as provided in section 1-5.
(Code 1959, § 18-17.)

[174]

For similar state law, see Code of Va., § 46.1-172.

Sec. 18-18. Railroad warning signals must be obeyed.[175]

It shall be unlawful for any person driving a vehicle to fail
to obey a clearly visible or audible crossing signal at a street
and railway grade crossing which signal gives warning of
the immediate approach of a railway train. (Code 1959, §
18-18.)

[175]

For similar state law, see Code of Va., § 46.1-243.

Sec. 18-19. Slowing down or stopping at railway grade crossings.[176]

It shall be the duty of every person driving any vehicle on
a street, on approaching a place where a railway crosses such
street, or grade, at which crossing no railway gates are maintained

280.1

or no flagman is stationed and on duty at the time, to
bring his vehicle to a speed not exceeding five miles per hour
before passing over such crossing, at a distance of not less
than fifty feet from the nearest rail of such railway track;
provided, that such person shall stop at such crossing where
gates are maintained when such gates are closed down, or
being lowered, and where a flagman is stationed and on duty
at the time, whenever signaled to stop by such flagman.

The provisions of this section shall not change or alter in
any manner the existing laws as to the duty or liability of
railway companies for damages to persons or property, and
failure to comply with the provisions of this section on the
part of the driver of the vehicle shall not be considered contributory

281

negligence in an action against the railway company
for damage to persons or property, whether the same be injury
to the person or property of the driver or any other
person. It shall not be necessary to establish the fact that the
driver complied with the provisions of this section in order to
recover in any action for damages to persons or property
against a railway company. (Code 1959, § 18-19.)

[176]

For state law as to stopping vehicles at railroad grade crossings,
see Code of Va., § 46.1-244.

As to driving in front of locomotives, see § 26-5 of this Code.

Sec. 18-19.1. Impeding traffic due to lack of snow tires or
chains.[177]

[177]

For state law authorizing city to adopt this section, see Code of
Va., § 46.1-180.2.

Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[178]

(a) Definitions. For the purposes of this section, the following
words and phrases shall have the meanings respectively
ascribed to them by this subsection:

(1) Abandoned Motor Vehicle. A motor vehicle,
trailer or semitrailer or part thereof that:

a. is inoperable and is left unattended on public property
for more than seventy-two hours, or

282

b. has remained illegally on public property for a
period of more than seventy-two hours, or

c. has remained on private property without the consent
of the owner or person in control of the property for
more than forty-eight hours.

(b) City manager authorized to take abandaned vehicles
into custody. The city manager may take into custody any
abandoned motor vehicle. In such connection, the city manager
may employ city personnel, equipment and facilities or
hire persons, equipment and facilities or firms or corporations
who may be independent contractors for the purpose of
removing, preserving and storing abandoned motor vehicles.

(1) When the city manager takes into custody an abandoned
motor vehicle, he shall notify, within fifteen days thereof,
by registered or certified mail, return receipt requested,
the owner of record of the motor vehicle and all persons
having security interests therein of record, that the vehicle
has been taken into custody. The notice shall describe the
year, make, model and serial number of the abandoned motor
vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any persons having
security interests of their right to reclaim the motor
vehicle within three weeks after the date of the notice, upon
payment of all towing, preservation and storage charges
resulting from placing the vehicle in custody, and state that
the failure of the owner or persons having security interests
to exercise their right to reclaim the vehicle within the time
provided shall be deemed a waiver by the owner, and all
persons having any security interests, of all right, title and
interest in the vehicle, and consent to the sale of the abandoned
motor vehicle at a public auction.

(2) If records of the division contain no address for the
owner or no address of any person shown by such records
to have a security interest, or if the identity and addresses of

282.1

the owner and all persons having security interests cannot
be determined with reasonable certainty, notice by publication
once in a newspaper of general circulation in the area where
the motor vehicle was abandoned shall be sufficient to meet
all requirements of notice pursuant to this section as to any
person who cannot be notified pursuant to the provisions of
paragraph (1) of this section. Such notice by publication
may contain multiple listings of abandoned motor vehicles.
Any such notice shall be within the time requirements prescribed
for notice by mail and shall have the same contents
required for a notice by mail.

(3) The consequences and the fact of failure to reclaim
an abandoned motor vehicle shall be as set forth in a notice
given in accordance with and pursuant to this section.

(d) Sale of vehicle at public auction; disposition of proceeds.
If an abandoned motor vehicle has not been reclaimed
as provided for in subsection (c) of this section, the city
manager, or his authorized agent, shall, notwithstanding the
provisions of section 46.1-88 of the Code of Virginia, sell the
abandoned motor vehicle at public auction. The purchaser of
the motor vehicle shall take title to the motor vehicle free and
clear of all liens and claims of ownership of others, shall
receive a sales receipt at the auction and shall be entitled to,
upon application therefor pursuant to section 46.1-88 of the
Code of Virginia, a certificate of title and registration card
therefor. The sales receipt at such a sale shall be sufficient
title only for purposes of transferring the vehicle to a demolisher
for demolition, wrecking or dismantling, and, in
such case, no further titling of the vehicle shall be necessary.
From the proceeds of the sale of an abandoned motor vehicle,
the city manager, or his authorized agent, shall reimburse
himself for the expenses of the auction, the cost of towing,
preserving and storing the vehicle which resulted from placing
the abandoned motor vehicle in custody, and all notice and
publication costs incurred pursuant to subsection (c). Any
remainder from the proceeds of a sale shall be held for the
owner of the abandoned motor vehicle or any person having
security interests therein, as their interests may appear, for
ninety days, and then shall be deposited into the treasury of
the city.

282.2

(e) Vehicles abandoned in garages. Any motor vehicle,
trailer, semitrailer or part thereof left for more than ten
days in a garage operated for commercial purposes after
notice by registered or certified mail, return receipt requested,
to the owner to pick up the vehicle, or for more than ten
days after the period when, pursuant to contract, the vehicle
was to remain on the premises, shall be deemed an abandoned
motor vehicle, and may be reported by the garagekeeper to
the city manager. All abandoned motor vehicles left in garages
may be taken into custody by the city manager in
accordance with subsection (b) and shall be subject to the
notice and sale provisions contained in subsection (c) and
subsection (d); provided, that if such vehicle is reclaimed in
accordance with subsection (c), the person reclaiming such
vehicle shall, in addition to the other charges required to be
paid, pay the charges of the garagekeeper, if any; provided
further, that if such vehicle is sold pursuant to subsection (d),
the garagekeeper's charges, if any, shall be paid from, and
to the extent of, the excess of the proceeds of sale after paying
the expenses of the auction, the costs of towing, preserving
and storing such vehicle which resulted from placing such
vehicle in custody and all notice and publication costs incurred
pursuant to subsection (d). Except as otherwise provided
in this section, nothing herein shall be construed to limit or
restrict any rights conferred upon any person under sections
43-32 through 43-36 of the Code of Virginia. For the purposes
of this section, "garagekeeper" means any operator of a
parking place, motor vehicle storage facility, or establishment
for the servicing, repair or maintenance of motor vehicles.

(f) Disposition of inoperable abandoned vehicles. Notwithstanding
any other provisions of this section, or the provisions
of section 46.1-88 of the Code of Virginia, any motor
vehicle, trailer, semitrailer or part thereof which is inoperable
and which, by virtue of its condition, cannot be feasibly
restored to operable condition, may be disposed of to a demolisher
by the person, firm, corporation or city manager
on whose property or in whose possession such motor vehicle,
trailer or semitrailer is found. The demolisher, upon taking
custody of such motor vehicle, trailer or semitrailer shall
follow the notification and sale procedures required of the

282.3

city manager by subsection (c). Unless reclaimed in accordance
with such subsection, the purchaser at the public auction
held by the demolisher shall be entitled to a sales receipt and
shall obtain the same rights and privileges with respect to the
vehicle so purchased as a purchaser at a public auction held
by the city manager under subsection (d).

(g) Removal of unattended vehicles. Whenever any motor
vehicle, trailer or semitrailer is found on the public streets or
public grounds unattended by the owner or operator and constitutes
a hazard to traffic or is parked in such manner as to
be in violation of law or whenever any motor vehicle, trailer
or semitrailer not within the purview of subsection (f) is left
unattended for more than ten days upon any privately owned
property other than the property of the owner of such motor
vehicle, trailer or semitrailer, within the city or is abandoned
upon such privately owned property, without the permission
of the owner, lessee or occupant thereof, any such motor vehicle,
trailer or semitrailer may be removed for safekeeping
by or under the direction of a police officer to a storage
garage or area; provided, that no such vehicle shall be so
removed from privately owned premises without the written
request of the owner, lessee or occupant thereof. The person
at whose request such motor vehicle, trailer or semitrailer is
removed from privately owned property shall indemnify the
city against any loss or expense incurred by reason of removal,
storage or sale thereof. Each removal shall be reported
immediately to the chief of police, who shall give notice to
the owner of the motor vehicle, trailer or semitrailer as
promptly as possible. The owner, before obtaining possession
of the motor vehicle, trailer or semitrailer shall pay to the
city all reasonable costs incidental to the removal, storage and
locating the owner of the motor vehicle, trailer or semitrailer.
Should the owner fail or refuse to pay the costs or should the
identity or whereabouts of the owner be unknown and unascertainable
after a diligent search has been made, and after
notice to the owner at his last known address and to the holder
of any lien of record in the office of the division of motor
vehicles against the motor vehicle, trailer or semitrailer, the

282.4

chief of police may, after holding the motor vehicle, trailer
or semitrailer sixty days and after due notice of sale dispose
of the same at public sale and the proceeds from the sale shall
be forwarded by the chief of police to the city treasurer; provided,
that if the value of such motor vehicle, trailer or semitrailer
be determined by three disinterested dealers or garage-men
to be less than fifty dollars, which would be incurred by
such advertising and public sale, it may be disposed of by
private sale or junked. (6-21-65, § 35; 5-3-71.)

[178]

For state law authorizing city to adopt regulations relative to
removal of unattended or abandoned vehicles, see Code of Va., § 46.1-3.

Secs. 18-20 to 18-22.1. Repealed.

Article II. Repealed.

Secs. 18-23 to 18-26. Repealed.

Article III. Operation of Vehicles Generally.[179]

Secs. 18-27 to 18-32.2. Repealed.

Sec. 18-33. Maximum and minimum speed limits; posting,
etc., of school zones.[180]

No person shall drive any vehicle upon a street of this city
at a speed in excess of:

(a) Twenty-five miles per hour in a business or residential
district unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of Code of Virginia,
section 46.1-180;

(b) Thirty-five miles per hour, except in business or residence
districts and except as otherwise provided by this section
or unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of section 46.1-180 of
the Code of Virginia;

283

(c) Except as otherwise provided in this section, thirty-five
miles per hour on any highway other than an interstate
highway, if the vehicle is being used as a school bus carrying
children, and forty-five miles per hour on interstate highways;
provided, that for any such vehicle which neither takes
on nor discharges children between its point of origin and
point of destination, the speed limit shall be forty-five miles
per hour.

(d) Twenty-five miles per hour between portable signs, tilt
over signs or fixed blinking signs placed in or along any
street bearing the word "School." Such word shall indicate
that school children are present in the vicinity. Any signs
erected under this section shall be placed not more than six
hundred feet from the limits of the school property or crossing
in the vicinity of the school which is used by children
going to and from the school; provided, that such crossings
are not more than five hundred yards from the limits of the
school property and the city council approves such crossing
for such signs. Such portable signs shall be furnished and delivered
by the city. It shall be the duty of the principal or chief
administrative officer of each school or some responsible person
designated by the school board, preferably not a classroom
teacher, to place such portable signs in the street at a point
not more than six hundred feet from the limits of the school
property and remove such signs when their presence is no
longer required by this subsection. Such portable tilt over
signs or fixed blinking signs shall be placed in position plainly
visible to vehicular traffic approaching from either direction,
but shall not be placed so as to obstruct the street. Such portable
signs, tilt over signs or blinking signals shall be in a position
or be turned on for thirty minutes preceding regular
school hours and for thirty minutes thereafter and during such
other times as the presence of children are in such school property
or going to and from school reasonably requires a special
warning to motorists. The city council may decrease the speed
limit provided in this subsection; provided, that no such decrease
in speed limit shall be effective unless such decreased
speed limit is conspicuously posted upon the portable signs,

284-294

tilt over signs or fixed blinking signs required by this subsection.

(e) No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of
traffic except when reduced speed is necessary for safe operation
or in compliance with law.

(f) Whenever the city manager determines on the basis of
a traffic engineering and traffic investigation that slow speeds
on any part of a street consistently impede the normal and
reasonable movement of traffic, the city manager may determine
and declare a minimum speed limit to be set forth on
signs posted on such street below which no person shall drive
a vehicle except when necessary for safe operation or in compliance
with law.

(g) Pursuant to a traffic engineering and traffic survey as
requred by section 46.1-180, Code of Virginia, as amended,
the following speed limits are imposed as hereinafter set
forth:

285

this chapter for which no other penalty is provided shall, for a
first conviction thereof, be punished by a fine of not less than
ten dollars nor more than one hundred dollars or by imprisonment
for not less than one nor more than ten days, or
by both such fine and imprisonment; for a conviction for a
second such violation within one year, such person shall be
punished by a fine of not less than twenty dollars nor more
than two hundred dollars or by imprisonment in jail for not
less than one nor more than twenty days, or by both such
fine and imprisonment; for a conviction of a third or subsequent
violation within one year, such person shall be punished
by a fine of not less than fifty nor more than five hundred
dollars or by imprisonment in jail for not less than ten
days nor more than six months, or by both such fine and imprisonment.
(Code 1959, § 18-22; 6-21-65, § 3.)

[180]

For similar state law, see Code of Va., § 46.1-193.

Sec. 18-22.1. Additional penalty for fourth conviction of certain
offenses within ten-year period.[181]

If any person, having been convicted three times of any
offense or offenses set forth in this section, within a period
of ten years, shall be again convicted of any one of such offenses
within such ten-year period, he shall, in addition to
the penalty otherwise prescribed by law for such offense, be
fined not less than one hundred nor more than one thousand
dollars and confined in jail not less than three months nor
more than twelve months. The offenses for a fourth conviction
of which such penalties may be imposed are the following:

Violations within the city of sections 18-31, 18-149 and
19-88; or violations within the state of sections 18.1-54,
46.1-176, 46.1-191 or 46.1-350 of the Code of Virginia, or of
any similar ordinance of any other county, city or town in the
state, and manslaughter involving the operation of a motor
vehicle, voluntary or involuntary; provided, that for the
purposes of this section, where more than one manslaughter
conviction results from a single act or omission, then only
the first such conviction shall constitute an offense.

In addition to the penalty hereinabove set forth in this
section, if any person shall be convicted of a fourth offense

286

as herein provided, the court in which such conviction is had
shall revoke the operator's or chauffeur's license of such
person for a period of five years. (6-21-65, § 30.)

[181]

For similar state law, see Code of Va., § 46.1-423.1.

[179]

As to driving on sidewalks, see § 30-31 of this Code. As to backing
vehicles up to sidewalks, see § 30-34.

Article II. Signs, Signals and Markers.

Sec. 18-23. Signals by traffic officers, etc.[182]

Peace or police officers and uniformed school crossing
guards may direct traffic by signals. Such signals other than
by voice shall be as follows:

(a) By hand, to stop traffic, stand with shoulders parallel
with moving traffic, and with arms raised forty-five degrees
above shoulders toward moving lines of traffic, hand extended,
palm toward traffic to be stopped. To move traffic,
stand so that shoulders are parallel to line of traffic to be
moved. Extend right arm and hand full length, height of
shoulders toward such traffic, fingers extended and joined,
palm downward, bring hand sharply in direction traffic is to
move. Repeat movement with left hand to start traffic from
opposite direction.

(b) By whistle, one blast, moving traffic to stop; two blasts,
traffic in opposite direction to move, three or more short
blasts, to warn of approach of fire apparatus or of an emergency,
when all traffic shall immediately clear the intersection
and stop. (Code 1959, § 18-23.)

[182]

For similar state law, see Code of Va., § 46.1-183.

Sec. 18-24. Signals by lights or semaphores.[183]

Signals by lights or semaphores shall be as follows:

Red indicates that traffic then moving shall stop and remain
stopped as long as the red signal is shown except in the direction
indicated by a lighted green arrow.

Green indicates that traffic shall then move in the direction
of the signal and remain in motion as long as the green signal
is given.

Amber indicates that a change is about to be made in the
direction of the moving of traffic. When the amber signal is
shown, traffic which has not already entered the intersection
including the crosswalks shall stop, but that which has entered

287

the intersection shall continue to move until the intersection
has been entirely cleared.

The use of a flashing red indicates that traffic shall stop before
entering the intersection.

Officers of the law and uniformed school crossing guards
may assume control of traffic otherwise controlled by lights
or semaphores and in such event signals by such officers
and uniformed crossing guards shall take precedence over such
lights or semaphores. (Code 1959, § 18-24; 6-21-65, § 4.)

[183]

For similar state law, see Code of Va., § 46.1-184.

Sec. 18-25. Other than official signs prohibited.[184]

No unauthorized person shall erect or maintain upon any
street any warning or direction sign, marker, signal or light
in imitation of any official sign, marker, signal or light erected
under the provisions of this chapter, and no person shall
erect or maintain upon any street any traffic or street sign or
signal bearing thereon any commercial advertising. Nothing
in this section shall be construed to prohibit the erection or
maintenance of signs, markers or signals bearing thereon the
name of an organization which has been authorized to erect
the same by the state highway commission or by the city
manager; nor shall this section be construed to prohibit the
erection by contractors or public utility companies of temporary
signs approved by the state highway department, city
manager or chief of police warning motorists that work is in
progress upon the street or adjacent thereto. (Code 1959, §
18-25.)

[184]

For similar state law, see Code of Va., § 46.1-174.

Sec. 18-26. Injuring signs.[185]

Any person who shall deface, obscure, injure, knock down
or remove any sign legally posted as provided in this chapter
shall be guilty of a misdemeanor. (Code 1959, § 18-26.)

[185]

For similar state law, see Code of Va., § 46.1-175.

288

Article III. Operation of Vehicles Generally.[186]

Sec. 18-27. Reckless driving—Generally.[187]

Irrespective of the maximum speeds herein provided, any
person who drives a vehicle upon a street recklessly or at a
speed or in a manner so as to endanger the life, limb or property
of any person shall be guilty of reckless driving; provided,
that the driving of a motor vehicle in violation of any
speed limit provisions of section 18-33 shall not of itself constitute
ground for prosecution for reckless driving under this
section. Reckless driving is unlawful. (Code 1959, § 18-27.)

[187]

For similar state law, see Code of Va., § 46.1-189.

Sec. 18-28. Same—Specific instances; authority of court.[188]

A person shall be guilty of reckless driving who shall:

(1) Drive a vehicle when not under proper control or with
inadequate or improperly adjusted brakes upon any street of
this city;

(2) While driving a vehicle, overtake or pass another vehicle
proceeding in the same direction, upon or approaching
the crest of a grade or upon or approaching a curve in the
street, where the driver's view along the street is obstructed,
except where the overtaking vehicle is being operated on a
street having two or more designated lanes of roadway for
each direction of travel or on a designated one-way street.

(3) Pass or attempt to pass two other vehicles abreast,
moving in the same direction, except on streets having separate
roadways of three or more lanes for each direction of
travel, or on designated one-way streets.

(3.1) Drive any motor vehicle, including any motorcycle,
so as to be in and parallel to another vehicle in a lane designed
for one vehicle, or drive any motor vehicle, including any
motorcycle, so as to travel parallel to any other vehicle travelling
in a lane designed for one vehicle; provided, that, this
subsection shall not apply to any validly authorized parade,
motorcade or motorcycle escort.

(4) Overtake or pass any other vehicle proceeding in the

289

same direction at any steam, Diesel or electric railway grade
crossing or at any intersection of streets unless such vehicles
are being operated on a street having two or more designated
lanes of roadway for each direction of travel or on a designated
one-way street, or while pedestrians are passing or
about to pass in front of either of such vehicles, unless permitted
so to do by a traffic light or police officer.

(5) Fail to stop at a school bus, whether publicly or privately
owned and whether transporting children to, from or
in connection with a public or private school, stopped on a
street for the purpose of taking on or discharging school
children, when approaching the same from any direction,
and to remain stopped until all school children are clear of
the street and the bus is put in motion, or fail to stop at a
school bus, whether publicly or privately owned and whether
transporting children to, from or in connection with a public
or private school, stopped on the roadway of a school for the
purpose of taking on or discharging school children, when approaching
the same from any direction on the roadway of
such school and to remain stopped until all school children
are clear of the roadway; provided, that this shall apply
only to school busses which are painted yellow with the
words "School Bus, Stop, State Law" printed in black letters
six inches high on the front and rear thereof. If space is
limited on the front, the words "School Bus" may be in
letters four inches high.

(6) Fail to give adequate and timely signals of intention
to turn, partly turn, slow down or stop, as required in sections
18-57 through 18-61.

(7) Exceed a reasonable speed under the circumstances
and traffic conditions existing at the time regardless of any
posted speed limit.

(8) Where a "yield-right-of-way" sign is posted, fail, upon
entering a street, to yield the right of way to the driver of
a vehicle approaching on such street from either direction.

(9) Drive or operate any automobile or other motor vehicle
upon any driveway or premises of a church or school, or of
any recreational facilities or of any business property open to
the public, or upon any street or highway under construction
or not yet open to the public, recklessly or at a speed or in
a manner so as to endanger the life, limb or property of any
person.

290

(10) Drive a vehicle when it is so loaded, or when there
are in the front seat such number of persons, as to obstruct
the view of the driver to the front or sides of the vehicle or
to interfere with the driver's control over the driving mechanism
of the vehicle. (Code 1959, § 18-28; 6-21-65, § 5.)

[188]

For similar state law, see Code of Va., § 46.1-190.

Sec. 18-29. Same—Driving in excess of certain speeds.[189]

A person shall be guilty of reckless driving if he operates
a motor vehicle in the city at a speed in excess of eighty miles
per hour. When any person shall be convicted of reckless driving
under this section, then in addition to any other penalties
provided by law, except in those cases for which revocation of
license is provided under Code of Virginia, section 46.1-417,
the operator's or chauffeur's license of such person shall be
suspended by the court or judge for a period of not less
than sixty days nor more than six months. In case of conviction,
the court or judge shall order the surrender of the license
to the court, where it shall be disposed of in accordance with
the provisions of Code of Virginia, section 46.1-425. (Code
1959, § 18-29.)

[189]

For similar state law, see Code of Va., §§ 46.1-190 and 46.1-423.

Sec. 18-30. (Blank.)[190]

[190]

Editor's note.—The material previously comprising this section was
enacted to parallel Code of Va., § 46.1-190(l), which was repealed by
Acts of 1966, ch. 694.

Sec. 18-31. Same—Racing on streets.[191]

Any person who shall engage in a race between two or
more motor vehicles on the streets of the city shall be guilty
of reckless driving. When any person shall be convicted of
reckless driving under this section, then in addition to any
other penalties provided by law, the operator's or chauffeur's
license of such person shall be suspended by the court or
judge for a period of not less than six months nor more than
two years. In case of conviction, the court or judge shall
order the surrender of the license to the court where it shall
be disposed of in accordance with the provisions of Code of
Virginia, section 46.1-425. (Code 1959, § 18-31.)

[191]

For similar state law, see Code of Va., § 46.1-191.

291

Sec. 18-31.1. Same—Same—Aiders or abettors.[192]

Any person, although not engaged in a race as defined in
section 18-31.1, who aids or abets any such race, shall be
guilty of a misdemeanor.

[192]

For similar state law, see Code of Va., § 46.1-191.1.

Sec. 18-32. Same—Penalty for reckless driving.[193]

Every person convicted of reckless driving under the provisions
of sections 18-27 to 18-31, both inclusive, shall, for
the first violation, be punished by a fine not exceeding five
hundred dollars or by imprisonment in jail for not exceeding
twelve months, or by both such fine and imprisonment. For
each second or subsequent conviction for the offense of
reckless driving under the provisions of sections 18-27 to
18-31, both inclusive, committed within twelve months before
or after the date of another act of reckless driving for
which he has been convicted, such person shall be convicted
by a fine of not less than one hundred dollars nor more than
five hundred dollars, or by imprisonment in jail for not less
than ten days nor more than twelve months, or by both such
fine and imprisonment.

Except in those cases for which revocation of license is provided
under Code of Virginia, paragraph (e) of section 46.1417,
the court may, in addition to the foregoing punishment,
suspend any license issued to such convicted person under sections
46.1-348 to 46.1-387 of the Code of Virginia, for a period
of not less than ten days nor more than six months and the
court shall require such convicted person to surrender his license
so suspended. If such person so convicted has not obtained
the license required by such chapter, the court may
direct in the judgment of conviction that such person shall
not, for such period of not less than ten days nor more than
six months as may be prescribed in the judgment, drive or
operate any motor vehicle in this state.

The court or the clerk of such court shall transmit such
license to the commissioner along with the report of such
conviction required to be sent to the division. (Code 1959, §
18-32; 6-21-65, § 6.)

[193]

For similar state law, see Code of Va., §§ 46.1-192, 46.1-422.

292

Sec. 18-32.1. Same—Disregarding signal by police officer to
stop.[194]

Any person who, having received a visible or audible signal
from any police officer to bring his motor vehicle to a
stop, shall operate such motor vehicle in a willful or wanton
disregard of such signal so as to interfere with or endanger
the operation of the police vehicle or endanger other property
or person, who shall increase his speed and attempt
to escape or lose such police officer shall be guilty of reckless
driving and, upon conviction thereof, shall be punished
by a fine of not less than fifty dollars nor more than one thousand
dollars or by imprisonment in jail for not less than
sixty days nor more than one year, or both such fine and imprisonment.
When any person shall be convicted of reckless
driving under this section, then in addition to the penalties
provided herein, the operator's or chauffeur's license of such
person may be suspended by the court or judge for a period
of not to exceed one year. In the case of conviction and suspension,
the court or judge shall order the surrender of the
license to the court, or it shall be disposed in accordance
with the provisions of section 46.1-425 of the Code of Virginia.
(6-21-65, § 31.)

[194]

For similar state law, see Code of Va., § 46.1-192.1.

Sec. 18-32.2. Same — Lesser offense of improper driving
where culpability slight.[195]

Notwithstanding the foregoing provisions of this article,
upon the trial of any person charged with reckless driving,
where the degree of culpability is slight, the court, in its discretion,
may find the accused not guilty of reckless driving
but guilty of improper driving, and impose a fine not to exceed
one hundred dollars.

[195]

For similar state law, see Code of Va., § 46.1-192.2.

Sec. 18-33. Maximum and minimum speed limits; posting,
etc., of school zones.[196]

No person shall drive any vehicle upon a street of this city
at a speed in excess of:

(a) Twenty-five miles per hour in a business or residential

293

district unless otherwise prescribed by the proper authorities
of the city pursuant to the provisions of Code of Virginia,
section 46.1-180;

(c) Thirty-five miles per hour if the vehicle is being used
as a school bus carrying children, except as otherwise provided
in this section;

(d) Twenty-five miles per hour between portable signs, tilt
over signs or fixed blinking signs placed in or along any
street bearing the word "School." Such word shall indicate
that school children are present in the vicinity. Any signs
erected under this section shall be placed not more than
three hundred feet from the limits of the school property or
crossing in the vicinity of the school which is used by children
going to and from the school; provided, that such crossings
are not more than five hundred yards from the limits
of the school property and the city council approves such
crossing for such signs. Such portable signs shall be furnished
and delivered by the city. It shall be the duty of the
principal or chief administrative officer of each school or
some responsible person designated by the school board,
preferably not a classroom teacher, to place such portable
signs in the street at a point not more than three hundred
feet from the limits of the school property and remove such
signs when their presence is no longer required by this subsection.
Such portable tilt over signs or fixed blinking signs
shall be placed in position plainly visible to vehicular traffic
approaching from either direction, but shall not be placed
so as to obstruct the street. Such portable signs, till over
signs or blinking signals shall be in a position or be turned
on for thirty minutes preceding regular school hours and for
thirty minutes thereafter and during such other times as
the presence of children are in such school property or going
to and from school reasonably requires a special warning to
motorists. The city council may decrease the speed limit provided
in this subsection; provided, that no such decrease in
speed limit shall be effective unless such decreased speed limit
is conspicuously posted upon the portable signs, tilt over
signs or fixed blinking signs required by this subsection.

294

(g) Pursuant to a traffic engineering and traffic survey as
required by section 46.1-180, Code of Virginia, as amended,
the following speed limits are imposed as hereinafter set
forth:

294.1

294.2

294.3

Street	From	To	Speed Limit
Alderman Road	Ivy Road	Corporate limits (Univ. of Va.)	25
Angus Road	Emmet Street	Corporate limits	25
Avon Street	Levy Avenue	South corporate limits	25
Barracks Road	Corporate limits	Millmont Street	35
Barracks Road	Millmont Street	Rugby Road	25
Brandywine Drive	Hydraulic Road	Greenbrier Drive	25
Carlton Road	Monticello Road	Meade Avenue	25
Cedar Hill Road	Hydraulic Road	Angus Road	25
Cherry Avenue	Cleveland Avenue	1st Street	35
Cleveland Avenue	Cherry Avenue	Jefferson Park Avenue	25
Elliott Avenue	1st Street	Ware Street	35
Elliott Avenue	Ware Street	Monticello Avenue	25
Emmet Street	Jefferson Park Avenue	Ivy Road	25
Emmet Street	Ivy Road	Route 250 By-Pass	40
Emmet Street	Route 250 By-Pass	Hydraulic Road	40
Fontaine Avenue	Corporate limits	Jefferson Park Avenue	35
Grady Avenue	Preston Avenue	Rugby Road	25
Greenbrier Drive	Brandywine Drive	Rio Road	25
Harris Road	Jefferson Park Avenue	5th Street Extended	25
High Street	Long Street (Rt. 250)	9th Street	25
High Street	9th Street	Preston Avenue	25
Hydraulic Road	Emmet Street (Rt. 29)	Route 250 By-Pass	25
Ivy Road	Corporate limits	Emmet Street	35
Jefferson Park Avenue	Harris Road	Cleveland Avenue	25
Jefferson Park Avenue	Cleveland Avenue	Fontaine Avenue	35
Jefferson Park Avenue	Fontaine Avenue	Emmet Street	35
Jefferson Park Avenue	Emmet Street	West Main Street	25
Locust Avenue	High Street	Locust Lane	25
Main Street	E. 9th Street	W. 14th Street	25
Market Street	Corporate limits	Preston Avenue	25
Maury Avenue	Jefferson Park Avenue	Stadium Road	25
Meadowbrook Heights Road	Route 250 By-Pass	Yorktown Drive	25
McIntire Road	Preston Avenue	Route 250 By-Pass	35
Monticello Avenue	South corporate limits	Blenheim Avenue	35
Monticello Avenue	Blenheim Avenue	Avon Street	25
Monticello Road	Monticello Avenue	9th Street Bridge	25
Old Lynchburg Road	Corporate limits	Jefferson Park Avenue	25
Park Street	North corporate limits	Route 250 By-Pass	35
Park Street	Route 250 By-Pass	High Street	25
Preston Avenue	Rugby Road	10th Street	25
Preston Avenue	10th Street	Market Street	25
Ridge Street	Main Street	End of maintenance	25
Rose Hill Drive	Preston Avenue	Rugby Avenue	35
Rugby Avenue	Rugby Road	Route 250 By-Pass	35
Rugby Road	University Avenue	Preston Avenue	25
Rugby Road	Preston Avenue	Barracks Road	25
Shamrock Road	Jefferson Park Avenue	Cherry Avenue	25
Stadium Road	Emmet Street	Corporate limits	25
University Avenue	14th Street	Emmet Street	25
Water Street	Main Street	9th Street	25
Yorktown Drive	Meadowbrook Heights Road	Brandywine Road	25
5th Street	Cherry Avenue	South corporate limits	25
9th Street, E.	Levy Avenue	High Street	25
Route 250 By-Pass	East corporate limits	McIntire Park entrance	35
Route 250 By-Pass	McIntire Park entrance	Four hundred feet west of Emmet Street	45
Route 250 By-Pass	Four hundred feet west of Emmet Street	West corporate limits	55
9th Street, W.	Cherry Avenue	Main Street	25
10th Street, W.	Main Street	Preston Avenue	25
Meade Avenue	Market Street	High Street	25
14th Street, N. W.	West Main Street	Two hundred and fifty feet north of Grady Avenue	25
Madison Avenue, N. W.	Two hundred and fifty feet north of Grady Avenue	Preston Avenue	25
4th Street, N. W.	West Main Street	Preston Avenue	25

294.4

(h) Any person violating this section shall be guilty of a
misdemeanor and upon conviction shall be punished as provided
in section 46.1-16 of the Code of Virginia. (Code 1959, § 18-33;
6-21-65, §§ 7, 8; 8-7-67; 5-20-68; 4-23-73; 6-25-73; 10-15-73;
11-19-73.)

[196]

For similar state law, see Code of Va., § 46.1-193.

Secs. 18-34 to 18-67. Repealed.

[186]

As to driving on sidewalks, see § 30-31 of this Code. As to backing
vehicles up to sidewalks, see § 30-34.

Article IV. Stopping, Standing and Parking.[197]

Division 1. In General.

Sec. 18-68. Authority of city manager and chief of police.[198]

The city manager and the chief of police may adopt and put into
effect regulations designating the time, place and manner vehicles
may be allowed to park on the city streets and may make and
enforce such additional rules and regulations as parking
conditions may require. (Code 1959, § 18-68.)

[198]

For state law authorizing local parking regulations, see Code of Va., §
46.1-252.

Sec. 18-68.1. Parking regulations within University of
Virginia.[199]

All parking regulations contained in this article or promulgated
by the city manager and the chief of police, pursuant to section
18-68, shall be applicable to the roads, streets or alleys

295

of the University of Virginia, as lie within or adjoin the city
limits. All parking regulations for those streets, which are not
city streets, grounds or other areas of the University which
lie within the city limits, shall be promulgated by the appropriate
official of the University of Virginia. This section
may be enforced by the city police or by persons appointed
under the provisions of section 19.1-28 of the Code of Virginia.
Any person prosecuted for a parking violation pursuant to
this section shall be subject to a fine not exceeding twenty
dollars. (1-4-65.)

[199]

For state law authorizing city to regulate parking of vehicles within
University of Virginia, see Code of Va., § 15.1-516.

Sec. 18-69. When provisions of article applicable.

The provisions of this article prohibiting the stopping,
standing or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official signs;
except when it is necessary to stop a vehicle to avoid conflict
with other traffic or in compliance with the directions of a
police officer or official traffic-control device. (Code 1959, §
18-69.)

Sec. 18-70. Provisions not exclusive.

The provisions of this article imposing a time limit on parking
shall not relieve any person from the duty to observe other
and more restrictive provisions prohibiting or limiting the
stopping, standing or parking of vehicles in specified places
or at specified times. (Code 1959, § 18-70.)

Sec. 18-71. Parking prohibited at all times on certain streets.

When signs are erected giving notice thereof, no person
shall park a vehicle at any time upon any of the streets or
parts of streets so signed. (Code 1959, § 18-71.)

Sec. 18-72. Parking, etc., prohibited during designated hours
on signed streets.

When signs are erected in each block giving notice thereof,

296

no person shall stop, stand or park a vehicle between the hours
specified. (Code 1959, § 18-72.)

Sec. 18-73. Parking on streets on which parking time limit
is designated by signs.

When signs are erected giving notice thereof, no person
shall stop, stand or park a vehicle for longer than the time
designated by such signs at any time between the hours stated
on such signs on any day except Sundays, within the district
or upon any of the streets so signed. (Code 1959, § 18-73.)

Sec. 18-74. Parking to be in accordance with signs, signals,
etc.

All vehicles, whether parked on the streets of the city or
in any of the parking lots within the city which are operated
by the city, shall be parked in accordance with signs, signals,
street marks and other devices for handling traffic which may
be provided by the city manager and the chief of police. (Code
1959, § 18-74.)

Sec. 18-75. Repealed.

Sec. 18-76. Parking for purposes of sale or advertisement.[200]

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.

It shall be unlawful to stop a vehicle at any time upon a
street 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, §
18-76.)

[200]

As to parking in parking meter zone for purpose of making sales,
see § 18-89 of this Code. As to parking vehicle on streets for purpose of
displaying or selling merchandise, see § 19-52.

297

Sec. 18-77. Parking in certain streets between certain hours.

No vehicle shall be parked on the following streets in the
city between the hours of 3:00 A. M. and 5:30 A. M.:

Main Street, between Seventh Street, East, and 10½ Street,
West; Water Street, between Fifth Street, East, and Main
Street at Vinegar Hill; Market Street, between Seventh
Street, East, and High Street (Beck's Hill); Second Street,
West, First Street, Second Street, East, Third Street, East,
Fourth Street, East, and Fifth Street, East, between Market
Street and Water Street.

Any person violating any of the provisions of this section
shall for each offense be liable to a fine of not less than two
dollars and fifty cents nor more than twenty-five dollars.
(Code 1959, § 18-77.)

Sec. 18-78. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

No truck having heels of the dual-tire type and no bus,
trailer or semitrailer shall be parked on any of the streets of
the city between the hours of 12:00 midnight and 6:00 A. M.
following of any day.

The owner, operator or driver of any motor vehicle which
is parked in violation of this section, for each offense, shall
be fined not less than two dollars and fifty cents nor more
than fifty dollars. (Code 1959, § 18-78.)

Sec. 18-78.1. Temporary parking prohibitions to expedite traffic,
aid snow removal, etc.

The city manager or his duly authorized representative may
post "No Parking" signs on any of the city streets when
necessary to facilitate the moving of traffic or the removal of
snow, ice, leaves or other debris from such streets. It shall
be unlawful for any person to park within the prohibited area
after signs have been posted and prior to their removal, or
fail to remove a vehicle from any city street on which such
"No Parking" signs have been erected within two hours after

298

such notices have been posted. The city manager or his duly
authorized representative may have such vehicle towed away
to a storage yard or garage, and the owner of such vehicle
shall pay all charges for the towing and storage of the vehicle.
Such charges may be recovered by civil warrant and
shall be in addition to any fines levied. (12-3-62.)

Sec. 18-79. Repealed.

Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[201]

No motor vehicle which is inoperable shall be parked or
abandoned on any city street. A motor vehicle shall be deemed
inoperable for the purposes of this section if it does not bear a
current license plate or a current valid state inspection certificate
and has been in a specific location for ten days without
being moved, or, except for being disabled by an emergency, is
not capable of being operated for mechanical or other reasons.

When any such inoperable vehicle is reported to the police,
or is found by the police upon any city street, it shall be
removed for safekeeping under the direction of a police officer
to a storage garage or area which has been approved for
such use by the city manager and chief of police. Such removal
shall be immediately reported to the office of the chief
of police and a full and complete record shall be prepared and
kept by the chief of police on each such vehicle. The chief of
police shall notify the owner of such vehicle as promptly as
possible that it has been impounded. The owner of such motor
vehicle, before obtaining possession thereof, shall pay to
the city all reasonable costs incidental to the removal, storage
and locating the owner of the motor vehicle. Should such
owner fail or refuse to pay the costs or should the identity
or whereabouts of such owner be unknown or unascertainable
after a diligent search has been made and after notice

298.1-311

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 in the
state against the motor vehicle, the chief of police may, after
holding such motor vehicle for sixty days and after due notice of
sale, have the city sheriff dispose of such motor vehicle at a public
sale. The proceeds from such sale shall be forwarded by the city
sheriff to the city treasurer, who shall pay from the proceeds of
the sale the costs of removal, storage and investigation as to
ownership and liens and notice of sale, and the balance of such
funds shall be held by him for the owner and paid to the owner
upon satisfactory proof of ownership.

If no claim has been made by the owner for the proceeds of such
sale, after the payment of the above-mentioned costs, the funds
may be deposited to the general fund or any special fund of the
city. Any such owner shall be entitled to apply to the city within
three years from the date of such sale and if timely application is
made therefor, the city treasurer shall pay the same to the owner
without interest or other charges. No claim shall be made nor
shall any suit, action or proceeding be instituted for the recovery
of such funds after three years from the date of such sale.
(7-20-64; 4-2-73.)

[201]

For state law authorizing city to prohibit parking of inoperable
vehicles on streets and provide for the removal of same, see Code of Va.,
§ 46.1-3.

Sec. 18-80. Owner of vehicle prima facie guilty of violation.

The owner of any vehicle parked in violation of this article shall
be prima facie guilty of such violation. (Code 1959, § 18-80.)

Sec. 18-81. Penalty.

Any person who shall violate any provisions of this article for
which no other penalty is provided shall be punished by a

299

(3) Upon a street which is divided into three lanes a vehicle
shall not be driven in the center lane except when overtaking
and passing another vehicle or in preparation for a
left turn or unless such center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is
proceeding and is signposted or marked to give notice of such
allocation;

(4) Wherever a street is marked with double traffic lines
consisting of a solid line immediately adjacent to a broken
line, no vehicle shall be driven to the left of such line if the
solid line is on the right of the broken line, except that it shall
be lawful to make a left turn for the purpose of entering or
leaving a public, private or commercial road or entrance;

(5) Wherever a street is marked with double traffic lines
consisting of two immediately adjacent solid lines, no vehicle
shall be driven to the left of such lines, except that it shall
be lawful to make a left turn for the purpose of entering or
leaving a public, private or commercial road or entrance.
(Code 1959, § 18-47; 6-21-65, § 10.)

Sec. 18-48. Passing vehicles proceeding in opposite directions.[202]

Drivers of vehicles proceeding in opposite directions shall
pass each other to the right, each giving to the other, as
nearly as possible, one half of the main-traveled portion of
the roadway. (Code 1959, § 18-48.)

[202]

For similar state law, see Code of Va., § 46.1-207.

Sec. 18-49. Passing upon overtaking a vehicle.[203]

The driver of any vehicle overtaking another vehicle proceeding
in the same direction shall pass at least two feet to
the left thereof and shall not again drive to the right side of
the street until safely clear of such overtaken vehicle, except
as provided in this article. (Code 1959, § 18-49.)

[203]

For similar state law, see Code of Va., § 46.1-208.

Sec. 18-50. Audible warning signal upon overtaking vehicle.[204]

The driver of an overtaking motor vehicle, when traveling

300

outside of a business or residence district, shall, when necessary
to insure safe operation, give audible warning with his
horn or other warning device before passing or attempting
to pass a vehicle proceeding in the same direction. (Code
1959, § 18-50; 6-21-65, § 11.)

[204]

For similar state law, see Code of Va., § 46.1-209.

Sec. 18-51. When overtaking vehicle may pass on right.[205]

(1) The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to
make a left turn, and the driver of such vehicle has given a
signal as required.

(b) Upon a street with unobstructed pavement not occupied
by parked vehicles of sufficient width for two or more
lines of moving vehicles in each direction.

(c) Upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where the
roadway is free from obstructions and of sufficient width for
two or more lines of moving vehicles.

(2) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting
such movement in safety. In no event shall such movement be
made by driving off the pavement or main-traveled portion
of the roadway. (Code 1959, § 18-51.)

[205]

For similar state law, see Code of Va., § 46.1-210.

Sec. 18-52. Driver to give way to overtaking vehicle.[206]

Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle on audible signal
and shall not increase the speed of his vehicle until completely
passed by the overtaking vehicle. (Code 1959, § 13-52.)

[206]

For similar state law, see Code of Va., § 46.1-211.

Sec. 18-53. Limitations on privilege of overtaking and passing.[207]

The driver of a vehicle shall not drive to the left side of
the center line of a street in overtaking and passing another

301

vehicle proceeding in the same direction unless such left side
is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be
made in safety.

No person operating a truck or tractor and trailer shall
pass or attempt to pass any truck or tractor and trailer going
in the same direction on an upgrade hill if such passing will
impede the passage of following traffic. (Code 1959, § 18-53.)

[207]

For similar state law, see Code of Va., § 46.1-212.

Sec. 18-54. Following too closely.[208]

The driver of a motor vehicle shall not follow another motor
vehicle, trailer or semitrailer more closely than is reasonable
and prudent, having due regard to the speed of both vehicles
and the traffic upon, and conditions of, the street at the time.
(Code 1959, § 18-54.)

[208]

For similar state law, see Code of Va., § 46.1-214.

Sec. 18-55. Turning around in street.[209]

The driver of a vehicle within a business district shall not
turn such vehicle so as to proceed in the opposite direction
except at an intersection of streets; provided further, that no
such turn shall be made on Main Street between Seventh
Street, East, and the west side of the Lewis and Clark Monument.
(Code 1959, § 18-55.)

[209]

For similar state law, see Code of Va., § 46.1-214.

Sec. 18-56. Required position and method of turning at intersections;
authority of city manager as to markers,
etc., indicating specified course for turns
at intersections.[210]

The driver of a vehicle intending to turn at an intersection
or other location on any street, except as prohibited by the
preceding section or any other provision of this chapter, shall
do so as follows:

(1) Right turn. Both the approach for a right turn and a
right turn shall be made as close as practicable to the right-hand
curb or edge of the roadway.

(2) Left turns on two-way roadways. At any intersection
where traffic is permitted to move in both directions on each

302

roadway entering the intersection, an approach for a left turn
shall be made in that portion of the right half of the roadway
nearest the center line thereof and by passing to the
right of such center line where it enters the intersection and
after entering the intersection the left turn shall be made so
as to leave the intersection to the right of the center line of
the roadway being entered. Whenever practicable the left
turn shall be made in that portion of the intersection to the
left of the center of the intersection.

(3) Left turns on other than two-way roadways. At any
intersection where traffic is restricted to one direction on one
or more of the roadways, and at any crossover from one roadway
of a divided street to another roadway thereof on which
traffic moves in the opposite direction, the driver of a vehicle
intending to turn left at any such intersection or crossover
shall approach the intersection or crossover in the extreme
left-hand lane lawfully available to traffic moving in the direction
of travel of such vehicle and after entering the intersection
or crossover the left turn shall be made so as to leave the
intersection or crossover, as nearly as practicable, in the left-hand
lane lawfully available to traffic moving in such direction
upon the roadway being entered.

The city manager may cause markers, buttons or signs to
be placed within or adjacent to intersections and thereby require
and direct that a different course from that specified in
this section be traveled by vehicles turning at any intersection,
and when markers, buttons or signs are so placed, no
driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such markers, buttons or
signs. (Code 1959, § 18-56.)

[210]

For similar state law, see Code of Va., § 46.1-215.

Sec. 18-57. Signals required on starting, stopping or turning.[211]

Every driver who intends to start, stop, turn or partly turn
from a direct line shall first see that such movement can be
made in safety and whenever the operation of any other vehicle
may be affected by such movement shall give a signal
as required in sections 18-58, 18-59 or 18-60, plainly visible
to the driver of such other vehicle, of his intention to make
such movement. (Code 1959, § 18-57.)

[211]

For similar state law, see Code of Va., § 46.1-216.

303

Sec. 18-58. Same—How such signals given.[212]

The signal required in section 18-57 shall be given by means
of the hand and arm or by some mechanical or electrical device
approved by the superintendent, in the manner herein
specified. Whenever the signal is given by means of the hand
and arm, the driver shall indicate his intention to start, stop,
turn or partly turn by extending the hand and arm from and
beyond the left side of the vehicle, in the following manner:

(1) For left turn or to pull to the left, the arm shall be
extended in a horizontal position straight from and level with
the shoulder;

(2) For right turn or to pull to the right, the arm shall be
extended upward;

(3) For slowing down or to stop, the arm shall be extended
downward.

Wherever the lawful speed is more than thirty-five miles
per hour, such signals shall be given continuously for a distance
of at least one hundred feet, and in all other cases at
least fifty feet, before slowing down, stopping, turning, partly
turning or materially altering the course of the vehicle. (Code
1959, § 18-58.)

[212]

For similar state law, see Code of Va., § 46.1-217.

Sec. 18-59. Same—Change of course.[213]

Drivers having once given a hand, electrical or mechanical
device signal must continue the course thus indicated, unless
they alter the original signal and take care that drivers of
vehicles and pedestrians have seen and are aware of the
change. (Code 1959, § 18-59.)

[213]

For similar state law, see Code of Va., § 46.1-218.

Sec. 18-60. Same—Duty of drivers upon receiving signals.[214]

Drivers receiving a signal from another driver shall keep
their vehicle under complete control and shall be able to avoid
an accident resulting from a misunderstanding of such signal.
(Code 1959, § 18-60.)

[214]

For similar state law, see Code of Va., § 46.1-219.

304

Sec. 18-61. Same—Drivers of parked vehicles.[215]

Drivers of vehicles standing or stopped at the curb or edge
before moving such vehicles shall give signals of their intention
to move into traffic, as hereinbefore provided, before
turning in the direction the vehicle will proceed from the curb.
(Code 1959, § 18-61.)

[215]

For similar state law, see Code of Va., § 46.1-220.

Sec. 18-62. Right of way generally.[216]

Except as provided in section 18-64, when two vehicles
approach or enter an intersection at approximately the same
time the driver of the vehicle on the left shall yield the right
of way to the vehicle on the right unless a "yield-right-of-way"
sign is posted. Where any such sign is posted, the
driver of the vehicle approaching or entering such intersection
on the street on which such sign is posted shall yield the
right of way to the driver of a vehicle approaching or entering
such intersection from either direction. At traffic circles,
vehicles already in the circle shall have the right of way over
vehicles approaching and entering the circle. The driver of
any vehicle traveling at an unlawful speed shall forfeit any
right of way which he might otherwise have hereunder.
(Code 1959, § 18-62.)

[216]

For similar state law, see Code of Va., § 46.1-221.

Sec. 18-63. Right of way when vehicle turns to left.[217]

The driver of a vehicle, in an intersection and turning
therein to the left across the line of travel of vehicles within
or approaching the intersection shall yield the right of way
to such other vehicles; provided, however, that where there
is an automatic signal device governing the flow of traffic at
any intersection and allowing turns to the left while all other
vehicular traffic is required to stop, any vehicle making such
turn shall have the right of way over all other vehicles approaching
the intersection. (Code 1959, § 18-63.)

[217]

For similar state law, see Code of Va., § 46.1-222.

Sec. 18-64. Exception to right-of-way rules.[218]

The driver of a vehicle entering a street or sidewalk from

305

a private road, driveway, alley or building shall stop immediately
before entering such street or sidewalk and, upon
entering such street or sidewalk, shall yield the right of way
to all vehicles approaching on such street or to all pedestrians
or vehicles approaching on such sidewalk. (Code 1959, §
18-64.)

[218]

For similar state law, see Code of Va., § 46.1-223.

Sec. 18-65. Right of way of United States forces, troops, national
guard, etc.[219]

United States forces or troops, or any portion of the Virginia
national guard or naval militia, parading or performing
any duty according to law, or any civil defense personnel performing
any duty according to law, shall have the right of
way in any street through which they may pass; provided,
that the carrying of the United States mails, the legitimate
functions of the police and the progress and operation of fire
engines and the fire department shall not be interfered with.
(Code 1959, § 18-65.)

[219]

For similar state law, see Code of Va., § 46.1-224.

Sec. 18-66. Conduct required of driver of vehicle upon approach
of emergency vehicle.[220]

(a) Upon the approach of any vehicle listed in subsection
(a) of section 18-66.1 giving audible signal by siren, exhaust
whistle or air horn designed to give automatically intermittent
signals, the driver of every other vehicle shall immediately
drive the same to a position as near as possible and
parallel to the right-hand edge of curb, clear of any intersection
of streets, and shall top and remain in such position
unless otherwise directed by a police or traffic officer until such
vehicle shall have passed. This provision shall not operate to
relieve the driver of any such vehicle from the duty to drive
with due regard for the safety of all persons using the streets,
nor shall it protect the driver of any such vehicle from the
consequences of an arbitrary exercise of such right of way.

(b) Violation of this section shall constitute failure to yield
the right of way. (Code 1959, § 18-66.)

[220]

For similar state law, see Code of Va., § 46.1-225.

As to driving through streets occupied by fire department, see § 12-1
of this Code.

306

Sec. 18-66.1. Emergency vehicles exempt from regulations in
certain emergencies; exceptions and additional
requirements.[221]

(a) The operator of (1) any police vehicle operated by or
under the direction of a police officer in the chase or apprehension
of violators of the law or persons charged with or
suspected of any such violation, (2) any vehicle used for the
purpose of fighting fire, including publicly owned state forest
warden vehicles, when traveling in response to a fire alarm
or emergency call, (3) any vehicle owned by a political subdivision
of the commonwealth for rescue purposes, when
traveling in response to a fire alarm or an emergency call, or
(4) any ambulance or rescue or life-saving vehicle designed
or utilized for the principal purposes of supplying resuscitation
or emergency relief where human life is endangered,
whether such vehicle is publicly owned or operated by a nonprofit
corporation or association, when such vehicle is being
used in the performance of public services, and when such
vehicle is operated under emergency conditions, may, without
subjecting himself to criminal prosecution:

(1) Proceed past red signal, light, stop sign or device
indicating moving traffic shall stop if the speed and movement
of the vehicle is reduced and controlled so that it can pass
a signal, light or device with due regard to the safety of
persons and property.

(2) Park or stand, notwithstanding the provisions of this
chapter.

(3) Disregard regulations governing a direction of movement
of vehicles turning in specified directions so long as the
operator does not endanger life or property.

(4) Pass or overtake, with due regard to the safety of
persons and property, another vehicle at any intersection.

(b) These exemptions, hereinbefore granted to such a moving
vehicle, shall apply only when the operator of such vehicle
displays a flashing, blinking or alternating red light and
sounds a siren, exhaust whistle or air horn designed to give
automatically intermittent signals, as may be reasonably necessary,
and, only when there is in force and effect for such
vehicle standard automobile liability insurance covering injury

306.1

or death to any person in the sum of at least fifty thousand
dollars because of bodily injury to or death of one person
in any one accident and, subject to the limit for one person,
to a limit of three hundred thousand dollars because of bodily
injury to or death of two or more persons in any one accident,
and to a limit of five thousand dollars because of injury to or
destruction of property of others in any one accident. Such
exemptions shall not, however, protect the operator of any
such vehicle from criminal prosecution for conduct constituting
reckless disregard of the safety of persons and property. Nothing
in this section shall be construed to release the operator
of any such vehicle from civil liability for failure to use reasonable
care in such operation.

[221]

For similar state law, see Code of Va., § 46.1-226.

Sec. 18-67. Following or parking near fire apparatus.[222]

It shall be unlawful for the driver of any vehicle, other than
one on official business, to follow any fire apparatus traveling
in response to a fire alarm at a distance closer than five
hundred feet to such apparatus or to park such vehicle within
five hundred feet of where fire apparatus has stopped in answer
to a fire alarm. (Code 1959, § 18-67.)

[222]

For similar state law, see Code of Va., § 46.1-227.

As to driving through streets occupied by fire department, see § 12-1
of this Code.

[197]

For state law authorizing local parking regulations, see Code of Va., §
46.1-252.

As to parking vehicles containing livestock, see § 3-10 of this Code. As to
stopping truck transports of flammable liquids, see § 11-15. As to lights on parked
vehicles, see § 18-132. As to off-street parking, see ch. 20. As to standing vehicles
upon railroad tracks, see § 26-7. As to vehicles standing upon sidewalks or
intersections, see § 30-31. As to backing vehicles up to sidewalks, see § 30-34. As to
parking house trailer on street, see § 33-2.

Article IV. Stopping, Standing and Parking.[223]

Division 1. In General.

Sec. 18-68. Authority of city manager and chief of police.[224]

The city manager and the chief of police may adopt and

306.2

put into effect regulations designating the time, place and
manner vehicles may be allowed to park on the city streets
and may make and enforce such additional rules and regulations
as parking conditions may require. (Code 1959, § 1868.)

[224]

For state law authorizing local parking regulations, see Code of
Va., § 46.1-252.

Sec. 18-68.1. Parking regulations within University of Virginia.[225]

All parking regulations contained in this article or promulgated
by the city manager and the chief of police, pursuant to

307

section 18-68, shall be applicable to the roads, streets or alleys
of the University of Virginia, as lie within or adjoin the city
limits. All parking regulations for those streets, which are not
city streets, grounds or other areas of the University which
lie within the city limits, shall be promulgated by the appropriate
official of the University of Virginia. This section
may be enforced by the city police or by persons appointed
under the provisions of section 19.1-28 of the Code of Virginia.
Any person prosecuted for a parking violation pursuant to
this section shall be subject to a fine not exceeding twenty
dollars. (1-4-65.)

[225]

For state law authorizing city to regulate parking of vehicles
within University of Virginia, see Code of Va., § 15.1-516.

Sec. 18-69. When provisions of article applicable.

Sec. 18-70. Provisions not exclusive.

Sec. 18-71. Parking prohibited at all times on certain streets.

When signs are erected giving notice thereof, no person
shall park a vehicle at any time upon any of the streets or
parts of streets so signed. (Code 1959, § 18-71.)

Sec. 18-72. Parking, etc., prohibited during designated hours
on signed streets.

When signs are erected in each block giving notice thereof,
no person shall stop, stand or park a vehicle between the hours
specified. (Code 1959, § 18-72.)

308

Sec. 18-73. Parking on streets on which parking time limit
is designated by signs.

Sec. 18-74. Parking to be in accordance with signs, signals,
etc.

Sec. 18-75. Parking in front of fire hydrant, fire station, private
driveway or near intersection.[226]

No person shall park a vehicle or permit it to stand,
whether attended or unattended, upon a street in front of a
private driveway or within fifteen feet in either direction of
a fire hydrant or the entrance to a fire station nor within
twenty feet from the intersection of curb lines, or if none,
then within fifteen feet of the intersection of property lines
at an intersection of streets. (Code 1959, § 18-75.)

[226]

For similar state law, see Code of Va., § 46.1-258.

Sec. 18-76. Parking for purposes of sale or advertisement.[227]

It shall be unlawful to stop a vehicle at any time upon a
street for the purpose of advertising any article of any kind,
or to display thereupon advertisements of any article or advertisement

309

for the sale of the vehicle itself. (Code 1959,
§ 18-76.)

[227]

As to parking in parking meter zone for purpose of making sales,
see § 18-89 of this Code. As to parking vehicle on streets for purpose
of displaying or selling merchandise, see § 19-52.

Sec. 18-77. Parking in certain streets between certain hours.

No vehicle shall be parked on the following streets in the
city between the hours of 3:00 A. M. and 5:30 A. M.:

Sec. 18-78. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

No truck having wheels of the dual-tire type and no bus,
trailer or semitrailer shall be parked on any of the streets of
the city between the hours of 12:00 midnight and 6:00 A. M.
following of any day.

Sec. 18-78.1. Temporary parking prohibitions to expedite traffic,
aid snow removal, etc.

310

authorized representative may have such vehicle towed away
to a storage yard or garage, and the owner of such vehicle
shall pay all charges for the towing and storage of the vehicle.
Such charges may be recovered by civil warrant and
shall be in addition to any fines levied. (12-3-62.)

Sec. 18-79. Stopping on streets generally.[228]

No vehicle shall be stopped in such a manner as to impede
or render dangerous the use of the street by others, except
in the case of an emergency as the result of an accident or
mechanical breakdown, in which case 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.

No person shall leave any vehicle, attended or unattended,
upon the paved, improved or main-traveled portion of any
street, outside of a business or residence district, when it is
practicable to leave such vehicle standing off the paved, improved
or main-traveled portion of such street.

Except upon one-way streets as provided in this chapter,
and when actually loading or unloading merchandise as provided
in section 30-34, no vehicle shall be stopped except close
to and parallel with the right-hand curb. In no instance shall
such vehicle be parked with the rear wheels farther than six
inches from the curb.

The provisions of this section shall not apply to any vehicle
owned or controlled by the state department of highways or
the city, while actually engaged in the construction, reconstruction
or maintenance of streets or highways, nor to city-owned
vehicles while engaged in the collection of refuse.

The provisions of the first paragraph of this section shall
not apply to any rural mail carrier stopping on the street
while loading or unloading mail at a mailbox, provided there
be lettered on the back of the vehicle operated by such rural
mail carrier, or lettered on a sign securely attached to and

311

displayed at the rear of such vehicle, in letters at least four
inches in height, the following:

CAUTION
FREQUENT STOPS
U. S. MAIL

The provisions of the first paragraph of this section shall
not apply to such rural mail carrier so stopping 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 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.

Nothing in this section shall be construed so as to relieve
any such mail carrier from civil liability for such stopping on
any street, if he is negligent in so doing, and if such negligence
proximately contributes to any personal injury or property
damage resulting therefrom. (Code 1959, § 18-79.)

[228]

For similar state law, see Code of Va., §§ 46.1-248, 46.1-249.

Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[229]

No motor vehicle which is inoperable shall be parked or
abandoned on any city street. A motor vehicle shall be
deemed inoperable for the purposes of this section if it is not
properly licensed with the current state and local licenses,
does not have a current valid state inspection certificate, or,
except for being disabled by an emergency, is not capable
of being operated for mechanical or other reasons.

312

of police and a full and complete record shall be prepared and
kept by the chief of police on each such vehicle. The chief of
police shall notify the owner of such vehicle within twenty-four
hours that it has been impounded. The owner of such
motor vehicle, before obtaining possession thereof, shall pay
to the city all reasonable costs incidental to the removal,
storage and locating the owner of the motor vehicle. Should
such owner fail or refuse to pay the costs 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
in the state against the motor vehicle, the chief of police may,
after holding such motor vehicle for ninety days and after
due notice of sale, have the city sergeant dispose of such
motor vehicle at a public sale. The proceeds from such sale
shall be forwarded by the city sergeant to the city treasurer,
who shall pay from the proceeds of the sale the costs of removal,
storage and investigation as to ownership and liens
and notice of sale, and the balance of such funds shall be held
by him for the owner and paid to the owner upon satisfactory
proof of ownership.

If no claim has been made by the owner for the proceeds of
such sale, after the payment of the above-mentioned costs,
the funds may be deposited to the general fund or any special
fund of the city. Any such owner shall be entitled to apply to
the city within three years from the date of such sale and if
timely application is made therefor, the city treasurer shall
pay the same to the owner without interest or other charges.
No claim shall be made nor shall any suit, action or proceeding
be instituted for the recovery of such funds after three
years from the date of such sale. (7-20-64.)

[229]

For state law authorizing to prohibit parking of inoperable vehicles
on streets and provide for the removal of same, see Code of Va.,
§ 46.1-180.2.

Sec. 18-80. Owner of vehicle prima facie guilty of violation.

The owner of any vehicle parked in violation of this article
shall be prima facie guilty of such violation. (Code 1959, §
18-80.)

Sec. 18-81. Penalty.

Any person who shall violate any provisions of this article
for which no other penalty is provided shall be punished by a

313

fine of not less than one dollar nor more than fifty dollars for
each offense. (Code 1959, § 18-81.)

Division 2. Parking Meters.[230]

Sec. 18-82. Time and manner of parking in metered parking
zone.

(a) When parking meters are erected giving notice thereof,
no person shall stop, stand or park a vehicle in any metered
parking zone for a period of time longer than designated by
such parking meters, upon the deposit of a coin of United
States currency of the designated denomination, on any day
except Sundays, upon any of the streets where parking meters
are installed.

(b) Every vehicle shall be parked wholly within the
metered parking space for which the meter shows parking
privilege has been granted and with the front end of such
vehicle immediately opposite the parking meter for such space.
(Code 1959, § 18-82.)

Sec. 18-83. Parking meter zones established; authority of
city manager to change.

(a) Parking meter zones are hereby established within the
district or upon those streets or parts of streets and municipally
operated parking lots described in the parking meter
schedule approved by the city council on March 4, 1957, in
which zones the parking of vehicles upon such streets and
parking lots shall be regulated by parking meters between the
hours specified in such schedule on any day except Sundays.

(b) The city manager is hereby authorized to amend the
schedule respecting parking meter zones, time limits and
parking charges now in effect and respecting the establishment
of parking meter zones at other locations upon those
streets or parts of streets and municipally operated parking
lots, if it is determined upon investigation by the city manager
and the chief of police that such changes shall be necessary
to aid in the regulation, control and inspection of the
parking of vehicles. (Code 1959, § 18-83.)

314

Sec. 18-84. Installation and operation of meters.

(a) The city manager shall install parking meters in the
parking meter zones, upon the curb immediately adjacent to
each designated parking space. Such meters shall be capable
of being operated, either automatically or mechanically, upon
the deposit therein of a coin of United States currency as required
in the schedule provided for in section 18-83, for the
full period of time for which parking is lawfully permitted
in any such parking meter zone.

(b) Each parking meter shall be so designed, constructed,
installed and set that, upon the expiration of the time period
registered by the deposit of one or more coins, as provided
herein, it will indicate by an appropriate signal that the lawful
parking meter period has expired, and during such period
of time and prior to the expiration thereof, will indicate the
interval of time which remains of such period.

(c) Each parking meter shall bear thereon a legend indicating
the hours when the requirement to deposit coins therein
shall apply, the value of the coins to be deposited and the
limited period of time for which parking is lawfully permitted
in the parking meter zone in which such meter is located.
(Code 1959, § 18-84.)

Sec. 18-85. Designating parking meter spaces; manner of
parking in spaces.

(a) The chief of police shall designate the parking space
adjacent to each parking meter for which such meter is to be
used. Parking meter spaces so designated shall be of appropriate
length and width so as to be accessible from normal
traffic lanes.

(b) No person shall park a vehicle in any such designated
parking meter space during the restricted and regulated time
applicable to the parking meter zone in which such meter is
located so that any part of such vehicle occupies more than
one such space, except, that a vehicle which is of a size too
large to be parked within a single designated parking meter
zone shall be permitted to occupy two adjoining parking meter
spaces when coins shall have been deposited in the parking
meter for each space so occupied as is required for the parking
of other vehicles in such space. (Code 1959, § 18-85.)

315

Sec. 18-86. Deposit of coins; overtime parking; other provisions
as to parking not affected.

(a) No person shall park a vehicle in any parking space
upon a street, or within a municipally operated parking lot,
alongside of and next to which a parking meter has been installed
during the restricted and regulated time applicable to
the parking meter zone in which such meter is located, unless
a coin of United States currency of the appropriate denomination
shall have been deposited by such person and the meter
has been placed in operation.

(b) No person shall permit a vehicle operated by him,
within his control or registered in his name to be parked in
any such parking meter space during the restricted and regulated
time applicable to the parking meter zone in which such
meter is located while the parking meter for such space indicates
by signal that the lawful parking time in such space
has expired. This provision shall not apply to the act of
parking or the necessary time which is required to deposit
immediately thereafter a coin in such meter.

(c) No person shall park a vehicle in any such parking
meter space for a consecutive period of time longer than that
limited period of time for which parking is lawfully permitted
in the parking meter zone in which such meter is located,
irrespective of the number or amounts of the coins deposited
in such meter.

(d) The provisions of this section shall not relieve any person
from the duty to observe other and more restrictive provisions
of this chapter and the state statutes prohibiting or
limiting the stopping, standing or parking of vehicles in specified
places or at specified times. (Code 1959, § 18-8.)

Sec. 18-87. Slugs, etc.

No person shall deposit or attempt to deposit in any parking
meter or change machine any slug, button or other device
or substance as a substitute for a coin of United States currency.
(Code 1959, § 18-87.)

Sec. 18-88. Injuring or tampering with meter.

No person shall deface, injure, tamper with, open or wilfully
break, destroy or impair the usefulness of any parking

316

meter and no person shall wilfully manipulate any parking
meter in such a manner that the indicator will fail to show
the correct amount of unexpired time before a violation.
(Code 1959, § 18-88.)

Sec. 18-89. Parking for purpose of making sales.

It shall be unlawful to park any vehicle within the area
designated as a parking meter zone or within any municipally
operated parking lot for the purpose of making sales of any
property to persons in the street or in such parking lot. This
section shall not apply to the selling or delivery of goods sold
within the buildings abutting on such streets or parking lots.
(Code 1959, § 18-89.)

Sec. 18-90. Deposits required levied as fees for certain purposes.

The coins required to be deposited in parking meters as
provided herein are hereby levied and assessed as fees to provide
for the proper regulation and control of traffic on the
public streets and to cover the cost of the supervision, inspection,
installation, operation, maintenance, control and use of
the parking spaces on such streets and within such municipally
operated parking lots and for regulating the parking of
vehicles in the parking meter zones hereby created. (Code
1959, § 18-90.)

Sec. 18-91. Loading zones, bus stops, etc., in parking meter
zones.

The city manager and the chief of police are authorized to
set apart, within the parking meter zones, spaces for loading
zones, bus stops, taxi stands and other places in which no
parking shall be permitted. (Code 1959, § 18-91.)

Sec. 18-92. Use of meter space for making deliveries, receiving
passengers, etc.

Commercial vehicles may be parked without deposit from
7:00 A. M. to 10:00 A. M. in metered spaces which are set
aside for this purpose and so designated by hoods placed on
the meters stating "LOADING AND UNLOADING ZONES";

317

provided, that commercial vehicles may only occupy such spaces
during the time necessary to complete actual operations of
delivering or picking up merchandise.

Commercial vehicles which require only one regular parking
space may be parked anywhere in the metered zone at any time
and for any purpose, if the required deposit is made in the meter
and if all other parking and meter regulations are complied with.

No commercial vehicle which requires more than one regular
parking space may be parked on Main Street between 7th Street,
East, and Ridge Street or on Main Street between 14th Street,
West, and Chancellor Street during the hours from 10:00 A. M. to
6:00 P. M. on any day.

Passenger vehicles may not use the temporary or permanent
loading zones for any purpose. Commercial vehicles shall not use
the loading zones except for the purpose of promptly delivering or
picking up merchandise.

Operators of passenger or commercial vehicles may use,
without deposit, a parking meter space for the purpose of
promptly receiving or discharging any passenger. (Code 1959, §
18-92.)

Sec. 18-93. Division applicable only to parking between
certain hours.

The provisions of this article shall apply to parking only
between the hours of 8:00 A. M. and 6:00 P. M. on days other than
Sundays. (Code 1959, § 18-93.)

[230]

For state law authorizing city to install and maintain parking meters,
see Code of Va., § 46.1-252.

DIVISION 3. PERMIT PARKING ZONES.

Sec. 18-93.1. Zones designated; display of permits.

The following areas of the city are hereby designated as permit
parking zones, within which it shall be unlawful for any motor
vehicle to be parked on a public right of way or street unless such
vehicle shall properly display a parking permit validly issued in
accordance with regulations adopted pursuant to this division:

That area bounded on the south by Thomson Road, on the east
by Emmet Street, on the north by Ivy Road, and on the west by
Alderman Road. (8-20-73.)

318

Sec. 18-93.2. Rules and regulations.

The city manager is hereby authorized and directed to
promulgate such rules and regulations as may be deemed
necessary and reasonable for the efficient and safe administration
and control of parking within each such permit parking zone as
from time to time may be established. Such regulations may
include, but need not be limited to, the following matters:

(a) The number, categories, terms and eligibility criteria for,
and fees to be charged for, permits to be issued for parking within
the zone.

(b) The specific streets, or portions thereof, within the zone for
which permits are to be required and the hours during which such
requirement shall be in force.

(d) The notification to be given to residents of the zone before
implementation of the permit requirement and the standards for
posting of signs or notices to indicate to the public the areas and
times for which permits are required.

(e) The methods for determining additional areas in which a
need for establishment of a permit parking zone exists and for
assuring that the interests of the residents of any such area are
given full and fair consideration before any such zone shall be
recommended to council.

Such rules and regulations and any subsequent amendments
shall be submitted to city council for review and approval.
(8-20-13.)

Sec. 18-93.3. Violations.

The parking of any motor vehicle in a parking permit zone in
violation of this division or regulations adopted pursuant hereto
shall constitute a misdemeanor and shall be punishable by a fine
of not less than five nor more than twenty-five dollars. (8-20-73.)

[223]

For state law authorizing local parking regulations, see Code of
Va., § 46.1-252.

As to parking vehicles containing livestock, see § 3-10 of this Code.
As to stopping truck transports of flammable liquids, see § 11-15. As
to signals by drivers of parked vehicles, see § 18-61. As to parking near
fire apparatus, see § 18-67. As to precautions to be taken when leaving
vehicle unattended, see § 18-98. As to lights on parked vehicles, see
§ 18-132. As to off-street parking, see ch. 20. As to standing vehicles
upon railroad tracks, see § 26-7. As to vehicles standing upon sidewalks
or intersections, see § 30-31. As to backing vehicles up to sidewalks,
see § 30-34. As to parking house trailer on street, see § 33-2.

Article V. Equipment.

Secs. 18-94 to 18-105. Repealed.

318.1

Sec. 18-106. Restrictions as to equipment traveling upon
streets.[231]

No vehicle, tractor, motorized shovel, traction engine or any
other type of motorized equipment, other than a regulation road
roller or a standard farm wagon with smooth wheel covering, may
travel or operate upon any paved street in the city, so as to come
in contact with the street surface, unless its wheels are equipped
with pneumatic-type rubber tires, or unless a special permit shall
have been obtained from the city manager. (Code 1959, § 18-106.)

[231]

For state law as to issuance by local authorities of permits to operate traction
engines, etc., see Code of Va., § 46.1-297. As to restrictions on use of solid rubber
tires, see Code of Va., § 46.1-295.

Secs. 18-107 to 18-131. Repealed.

Sec. 18-132. Lights on parked vehicles.[232]

No lights need be displayed upon any vehicle parked within the
city when such vehicle is parked in accordance with the provisions
of this chapter. (Code 1959, § 18-132; 6-21-65, § 20.)

[232]

For state law as to lights on parked vehicles, see Code of Va., § 46.1-276.

Sec. 18-133. Repealed.

Article VI. Repealed.

Secs. 18-134 to 18-148. Repealed.

Article VII. Accidents.

Sec. 18-149. Reports required.[233]

The driver of a vehicle involved in an accident shall file with the
city police department a report of the accident or a copy of any
report required by law to be filed with the state division of motor
vehicles. All such reports shall be for the confidential use of the

318.2

police department, and shall be subject to the provisions of
chapter 6 of title 46.1 of the Code of Virginia.

[233]

For state law authorizing city to require accident reports, see Code of Va., § 46.1-411.

Secs. 18-150 to 18-160. Repealed.

319

Article VIII. Repealed.

Secs. 18-161 to 18-171. Repealed.

Article IX. Automobile Graveyards.[234]

Sec. 18-172. Defined.

For the purpose of this article, the term "automobile graveyard"
means any lot or place within the city which is exposed
to the weather and upon which more than five motor vehicles
of any kind, incapable of being operated, and which it would
not be economically practical to make operative, are placed,
located or found. (3-6-61.)

Sec. 18-173. Fencing required in residential zones.

Any person who owns, operates or maintains an automobile
graveyard in an R-1, R-2 or R-3 residential zoning district
shall erect and maintain a chainlink or board fence around
such automobile graveyard. The fence shall be at least six
feet high and shall comply with section 30-49. (3-6-61.)

Sec. 18-174. Burning prohibited in residential zones.

It shall be unlawful to burn any motor vehicle or any component
part of such vehicle in any automobile graveyard located
within an R-1, R-2 or R-3 residential zoning district.
(3-6-61.)

Sec. 18-175. Piling contents higher than fence; permitting
contents to be or remain outside fence.

It shall be unlawful for any contents of an automobile graveyard
to be piled higher than the fence required by this article,
or for any contents of an automobile graveyard to spill

320-348

over, be placed or allowed to remain on any right of way
or alley abutting such automobile graveyard or on any other
property other than property owned by an automobile graveyard.
(3-6-61.)

[234]

For state law authorizing city to regulate automobile graveyards,
see Code of Va., § 15.1-28.

Article X. Vending in Streets from Vehicles.

Sec. 18-176. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Vehicle. Any motor vehicle used for vending to a retail customer
on the city streets.

Vending. The sale of food, drink, ice cream or other frozen
dessert to a retail customer within the street right of way of
any public street in the city. (6-4-62.)

Sec. 18-177. Vehicles, subject to article.

Except as otherwise provided in this article, every motor
vehicle used to transact the business of vending to a retail

320.1

have on its periphery any block, stud, flange, cleat or spike or any
other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire;
except, that it shall be permissible to use farm machinery having
protuberances which will not injure the street or highway and to
use tire chains of reasonable proportions when required for safety
because of snow, ice or other conditions tending to cause a vehicle
to slide or skid. It shall also be permissible to use upon any
vehicle, whose gross weight does not exceed ten thousand pounds,
tires with studs which project not more than one-sixteenth of an
inch beyond the tread of the traction surface of the tire when
compressed and which cover not more than three per cent of the
traction surface of the tire. The use of such studded tires shall be
permissible from October 15, 1969, to April 15, 1970, from October
15, 1970 to April 15, 1971, and from October 15, 1971 to April 15,
1972. (10-19-70.)

Sec. 18-98.5. Same—Sale of tires having cleats, etc., prohibited;
exceptions.[235]

No person shall sell to any resident of the city a tire which shall
have on its periphery any block, stud, flange, cleat or spike or any
other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire;
except, that farm machinery having protuberances which will not
injure the highway and tire chains of reasonable proportions may
be sold; provided, that it shall be permissible to sell studded tires
whose use is permitted under section 18-98.4 until April 15, 1972.
(2-5-68; 10-19-70.)

[235]

For similar state law, see Code of Va., § 46.1-296.1.

Sec. 18-99. Steering gear.[236]

Every motor vehicle being operated upon a street shall be
equipped with steering gear adequate to insure the safe control of
the vehicle which shall not show signs of weakness or breaking
under ordinary conditions. (Code 1959, § 18-99.)

[236]

For similar state law, see Code of Va., § 46.1-282.

Sec. 18-100. Horns.[237]

Every motor vehicle operated upon a street shall be equipped

320.2

with a horn in good working order, capable of emitting sound
audible under normal conditions over a distance of not less than
two hundred feet. (Code 1959, § 18-100.)

[237]

For similar state law, see Code of Va., § 46.1-283.

Sec. 18-101. Illegal sirens, whistles, etc.; unlawful use of
horns, etc.[238]

It shall be unlawful for any vehicle to be equipped with or for
any person to use upon any vehicle any siren or exhaust,
compression or spark plug whistle or horn, except as may be
authorized in this chapter. It shall be unlawful for any vehicle to
be equipped with or for any person to use any horn or warning
device while upon a street or any way open to public travel
that is not of a type that has been approved by the superintendent
or for any person at any time to use a horn otherwise than as a
reasonable warning or to make any unnecessary or unreasonably
loud or harsh sound by means of a horn or other warning device;
except, that the vehicles of common carriers or extraordinarily
large and heavy vehicles may be equipped with such type of
warning device as the superintendent may require or permit.
(Code 1959, § 18-101.)

[238]

For similar state law, see Code of Va., § 46.1-284.

As to use of siren or similar machine in city generally, see § 19-65 of this Code.

Sec. 18-102. Sirens or exhaust whistles upon emergency vehicles.[239]

Every police vehicle and vehicle used for the purpose of fighting
fire and every ambulance or rescue vehicle used for emergency
calls shall be equipped with a siren, exhaust whistle or air
horn designed to give automatically intermittent signals of a type
not prohibited by the superintendent. Publicly owned vehicles
used by a state forest warden may also be so equipped. (Code 1959,
§ 18-102.)

[239]

For similar state law, see Code of Va., § 46.1-285.

Sec. 18-103. Mirrors.[240]

(a) No person shall operate a motor vehicle upon a street which
is not equipped with a mirror so located as to reflect to the
operator a view of the street for a distance of not less than

321

two hundred feet to the rear of such vehicle.

(b) No motor vehicle registered in this state designed and
licensed primarily for passenger vehicular transportation on
the public streets and manufactured for the year 1969 or for
subsequent years shall be operated on the streets unless
equipped with at least one outside and at least one inside
rear view mirror meeting the requirements of subsection (a)
of this section. (Code 1959, § 18-103.)

[240]

For similar state law, see Code of Va., § 46.1-289.

Sec. 18-104. Signs on windshields, etc.[241]

It shall be unlawful for any person to operate any motor
vehicle, trailer or semitrailer upon a street with any sign,
poster or other nontransparent material upon the front windshield,
sideshields or rear windows of such motor vehicle
other than a certificate or other paper required to be placed
by law or which may be permitted by the superintendent.
(Code 1959, § 18-104.)

[241]

For similar state law, see Code of Va., § 46.1-291.

Sec. 18-104.1. Suspension of objects so as to obstruct driver's
view.[242]

It shall be unlawful for any person to operate a motor vehicle
upon a street in this city with any object other than rear
view mirror, sunvisor or other equipment of a motor vehicle
approved by the superintendent, suspended from any part of
such motor vehicle, in such manner as to obstruct the driver's
clear view of the street or highway through the windshield,
the front side windows or the rear window. (6-21-65, § 33.)

[242]

For similar state law, see Code of Va., § 46.1-291.1.

Sec. 18-105. Windshield wipers.[243]

Every permanent windshield on a motor vehicle shall be
equipped with a device for cleaning snow, rain, moisture or
other matter from the windshield directly in front of the
operator. The device shall be so constructed as to be controlled
or operated by the operator of the vehicle; provided,
that every such device on a vehicle designed or used to carry
passengers for compensation or hire or as a public conveyance

322

to transport school children or others shall be of a mechanically
or electrically operated type. The device or devices on
any motor vehicle manufactured or assembled after January
1, 1943, shall clean both the right and left sides of the windshield
and shall be of a mechanically or electrically operated
type. (Code 1959, § 18-105.)

[243]

For similar state law, see Code of Va., § 46.1-292.

Sec. 18-106. Restrictions as to equipment traveling upon
streets.[244]

No vehicle, tractor, motorized shovel, traction engine or
any other type of motorized equipment, other than a regulation
road roller or a standard farm wagon with smooth wheel
covering, may travel or operate upon any paved street in the
city, so as to come in contact with the street surface, unless
its wheels are equipped with pneumatic-type rubber tires, or
unless a special permit shall have been obtained from the city
manager. (Code 1959, § 18-106.)

[244]

For state law as to issuance by local authorities of permits to operate
traction engines, etc., see Code of Va., § 46.1-297. As to restrictions
on use of solid rubber tires, see Code of Va., § 46.1-295.

Sec. 18-107. When signal device required.[245]

(a) Any motor vehicle, trailer or semitrailer which is so
constructed or carries a load in such a manner as to prevent
a hand and arm signal required by section 18-58 from being
visible both to the front and rear of such motor vehicle,
trailer or semitrailer, or any vehicle the driver of which is incapable
of giving the required hand and arm signals, shall be
equipped with a mechanical or electrical signal device which
meets the requirements of state law and is of a type that has
been approved by the superintendent.

(b) It shall be unlawful for any person to operate within the
city a motor vehicle registered in this state and manufactured
or assembled after January 1, 1955, unless such vehicle
is equipped with such a mechanical or electrical signal device
on both the front and rear of such vehicle.

(c) Any such mechanical or electrical signal device may be
used in lieu of the hand arm signal required by section 18-58.

(d) Subsections (a) and (b) of this section shall not apply

323

to any motorcycle. The provisions of this section shall not apply
to motor vehicles, trailers or semitrailers used for agricultural
or horticultural purposes which are exempted from
annual registration under section 46.1-45 of the Code of
Virginia. (Code 1959, § 18-107; 6-21-65, § 12.)

[245]

For similar state law, see Code of Va., § 46.1-298.

Sec. 18-108. Requirements of signal devices.[246]

(a) Every device intended and used to give a signal of
intention to turn or to stop a vehicle shall be so constructed
and so installed as to give a signal plainly visible in clear
weather and under normal traffic conditions from a distance
of at least one hundred feet to the rear and one hundred
feet to the front of the vehicle; except, that a stop signal
need be visible only to the rear; provided, that no front signal
shall be required on vehicles manufactured or assembled before
January 1, 1943.

(b) Motor vehicles, trailers and semitrailers, when temporarily
stopped on the traveled or paved portion of a street so
as to create a traffic hazard, shall use all four turn signals
simultaneously to signal approaching motorists of the existing
hazard whenever such vehicle is equipped with a device
which will cause the four turn signals to flash simultaneously.
All four signals may be flashed simultaneously on a vehicle
stopped at the scene of a traffic hazard, but in no event shall
all four signals be flashed simultaneously while the vehicle
is in motion. (Code 1959, § 18-108.)

[246]

For similar state law, see Code of Va., § 46.1-299.

Sec. 18-109. Flag or light at end of load.[247]

Whenever the load on any vehicle shall extend more than
four feet beyond the rear of the bed or body thereof, there
shall be displayed at the end of such load in such position as
to be clearly visible at all times from the rear of such load, a
red flag not less than twelve inches, both in length and width,
except that between one-half hour after sunset and one-half
hour before sunrise, there shall be displayed at the end of
such load a red light, plainly visible in clear weather at least
five hundred feet to the sides and rear of such vehicle. (Code
1959, § 18-109.)

[247]

For similar state law, see Code of Va., § 46.1-300.

324

Sec. 18-110. Exhaust system in good working order required.[248]

(a) No person shall drive and no owner of a motor vehicle
shall permit or allow the operation of any owned vehicle within
the city unless such motor vehicle is equipped with an exhaust
system of a type installed as standard factory equipment,
or comparable to that designed for use upon the particular
vehicle as standard factory equipment, in good working
order and in constant operation to prevent excessive or unusual
noise, or annoying smoke and escape of excessive gas,
steam or oil. An exhaust system shall not be deemed to prevent
excessive or unusual noise if it permits or allows the
escape of noise in excess of that permitted by the standard
factory equipment exhaust system of private passenger motor
vehicles or trucks of standard make.

(b) The term "exhaust system," as used in this section,
means all the parts of a motor vehicle through which the
exhaust passes after leaving the engine block. (Code 1159,
§ 18-110; 6-21-65, § 13.)

[248]

For similar state law, see Code of Va., § 46.1-301.

Sec. 18-111. Muffler cutout, etc., illegal.[249]

It shall be unlawful to sell or offer for sale (a) a muffler
without interior baffle plates or other effective muffling device,
or (b) any "gutted muffler," "muffler cutout" or
"straight exhaust." It shall be unlawful for any person to
operate on the streets of this city a motor vehicle equipped
with a "gutted muffler," "muffler cutout" or "straight exhaust."
(Code 1919, § 18-111; 6-21-65, § 14.)

[249]

For similar state law, see Code of Va., § 46.1-302.

Sec. 18-112. Construction must prevent escape of contents.[250]

No vehicle shall be operated or moved on any street unless
such vehicle is so constructed as to prevent its contents from
dropping, sifting, leaking or otherwise escaping therefrom.
(Code 1959, § 18-112.)

[250]

For similar state law, see Code of Va., § 46.1-303.

Sec. 18-113. Fastening load of logs, barrels, etc.[251]

No vehicle which is designed or used for the purpose of

325

hauling logs, poles or lumber, barrels, hogsheads or other
material or containers which by their very nature may shift
or roll, shall be operated or moved over any street unless its
load is securely fastened by adequate log chains or metal
cables so as to prevent the shifting or falling of such load
from the vehicle; provided, that tobacco hogsheads may, in
lieu of chains or metal cables, be secured by Manila or hemp
rope of such strength as to securely fasten the hogs-heads
against shifting, falling or rolling, and in any case of not
less than five-eights inch in diameter.

Nothing in this section shall be construed to release the
owner or operator from liability for failure to use reasonable
care in securing or fastening such load from shifting or falling.
(Code 1959, § 18-113.)

[251]

For similar state law, see Code of Va., § 46.1-304.

Sec. 18-114. Illegal possession, sale or use of unapproved
equipment.[252]

It shall be unlawful for any person to possess, with intent
to sell or offer for sale, either separately or as a part of the
equipment of a motor vehicle, or to use or have as equipment
upon a motor vehicle operated on any street within the city,
any lighting device, warning device, signal device, safety glass
or other equipment on which approval is required by state
law or any part tending to change or alter the operation of
such device, glass or other equipment unless the type that has
been submitted to and approved by the superintendent, or
meets or exceeds the standards and specifications of the Society
of Automotive Engineers, the American Standards Association
and the federal Department of Transportation.

It shall be unlawful for any person to use or have as
equipment upon a motor vehicle operated on any street within
the city any device or equipment mentioned in the preceding
paragraph which is defective or in unsafe condition.
(Code 1959, § 18-114; 6-21-65, § 15.)

[252]

For similar state law, see Code of Va., §§ 46.1-308, 46.1-308.1.

Sec. 18-115. Trademark or name and instructions required.[253]

Each device, glass or other equipment mentioned in section
18-114 offered for sale in this city shall bear thereon a

326

trademark or name or be identified in keeping with the superintendent's
regulations and shall be accompanied by
printed instructions as to the proper mounting, use and candle
power of bulbs, if any, to be used therewith and any particular
methods of mounting or adjustments necessary to meet
the requirements of this chapter, and any rule or regulation
of the superintendent. (Code 1959, § 18-115.)

[253]

For similar state law, see Code of Va., § 46.1-309.

Sec. 18-115.1. Seat belts or shoulder harnesses required on
certain vehicles.[254]

(a) No motor vehicle registered in this state, designed and
licensed primarily for private passenger vehicular transportation
on the public highways, and manufactured for the year
1968 or for subsequent years, shall be operated on the streets
and highways in this city unless the front seats thereof are
equipped with adult safety lap belts or a combination of lap
belts and shoulder straps or harnesses of a type or types
approved by the superintendent.

(b) Failure to use such safety lap belts or a combination
of lap belts and shoulder straps or harnesses after installation
shall not be deemed to be negligence.

(c) Passenger motor vehicles registered in this state and
manufactured after January 1, 1968, shall be equipped with
lap belts or a combination of lap belts and shoulder straps or
harnesses as required to be installed at the time of manufacture
by the federal Department of Transportation. (6-21-65,
§ 34.)

[254]

For similar state law, see Code of Va., § 46.1-309.1.

Division 2. Lighting Equipment.

Sec. 18-116. Head lamps on motor vehicles.[255]

Every motor vehicle other than a motorcycle, road roller,
road machinery or tractor used on a street shall be equipped
with at least two head lamps as approved by the superintendent,
at the front of and on opposite sides of the motor
vehicle. (Code 1959, § 18-116.)

[255]

For similar state law, see Code of Va., § 46.1-260.

Sec. 18-117. Head lamps on motorcycles.[256]

Every motorcycle shall be equipped with at least one and

326.1

not more than two head lamps which shall be of a type that
has been approved by the superintendent and shall be capable
of projecting sufficient light to the front of such motorcycle
to render discernible a person or object at a distance of two
hundred feet but shall not project a glaring or dazzling light
to persons approaching such motorcycle. (Code 1959, § 18117.)

[256]

For similar state law, see Code of Va., § 46.1-261.

Sec. 18-118. Rear lamps.[257]

Every motor vehicle, trailer or semitrailer which is being
drawn at the end of one or more other vehicles, or motorcycles,
shall carry at the rear a lamp capable of exhibiting
a red light plainly visible in clear weather from a distance
of five hundred feet to the rear of such vehicle and such rear
lamp shall be constructed and so mounted in its relation to
the rear license plate as to illuminate by a white light such
license plate so that the same may be read from a distance
of fifty feet to rear of such vehicle; or a separate white light
shall be so mounted as to illuminate and make visible such
rear license from a distance of fifty feet to the rear of such
vehicle, such rear light or special white light to be of a type
that has been approved by the superintendent.

In any instance where the rear lamp is to be installed on a
boat trailer and the boat extends beyond the end of the trailer
or to the end of the trailer, an approved portable light assembly
may be attached to the exposed rear of the boat, provided
such installation complies with the visibility requirements of
this section. (Code 1959, § 18-118; 6-21-65, § 16.)

[257]

For similar state law, see Code of Va., § 46.1-262.

Sec. 18-119. Lamps on bicycles.[258]

Every bicycle when in use between sunset and sunrise shall
be equipped with a lamp on the front which shall emit a white
light visible in clear weather from a distance of at least five
hundred feet to the front and with a red reflector on the
rear of a type approved by the superintendent which shall be
visible from all distances in clear weather from fifty feet to
three hundred feet to the rear when directly in front of lawful
upper beams of head lamps on a motor vehicle. A lamp
emitting a red light visible in clear weather from a distance
of five hundred feet to the rear may be used in lieu of or in
addition to the red reflector. (Code 1959, § 18-119.)

[258]

For similar state law, see Code of Va., § 46.1-263.

327

Sec. 18-120. Lamps on other vehicles; reflex reflectors.[259]

(a) All vehicles or other mobile equipment not heretofore
in this article required to be equipped with specified lamps
shall carry one or more lamps or lanterns capable of projecting
a white light to the front and a red light to the rear visible
in clear weather from a distance of not less than five hundred
feet to the front and rear of such vehicles.

(b) In lieu of or in addition to the lamps or lanterns a
reflex reflector of a type, size and color approved by the superintendent
may be permanently affixed to the rear and front
of such vehicle. (Code 1959, § 18-120.)

[259]

For similar state law, see Code of Va., § 46.1-264.

Sec. 18-121. Dimension or marker lights—Generally.[260]

(a) All motor vehicles, trailers or semitrailers exceeding
seven feet in height or in width, or the widest portion of
which extends four inches beyond the front fender extremes,
shall be equipped with lamps mounted at the extreme right
and left-hand front top corners of such vehicle, each of which
lamps shall be capable of projecting an amber light visible
in clear weather for a distance of at least five hundred feet
to the front of such vehicle, and shall be equipped with lamps
mounted at the extreme right and left-hand rear top corners
of such vehicle, each of which light shall be capable of projecting
a red light visible in clear weather for a distance
of at least five hundred feet to the rear of such vehicle. If the
front or the rear of such vehicle shall not be the widest portion
of such vehicle, the dimension or marker lights required
by this section shall be mounted on the widest portions of
the vehicle, with the amber lights herein required visible from
the front as herein required and the red lights herein required
visible from the rear as herein required. The lamps
herein required shall be of a type that has been approved by
the superintendent.

(b) In addition to the lamps required herein, each such
vehicle shall be equipped with amber reflectors located on the
side thereof, at or near the front. Red reflectors shall be used
on the rear of each such vehicle. Such reflectors shall be securely
fastened to the vehicle not less than twenty-four

328

inches and not more than sixty inches from the ground; provided,
that in the case of a vehicle which is less than twenty-four
inches in height, such reflectors shall be securely fastened
thereto at the highest point the structure of a vehicle
will permit. The reflectors required herein shall be of a type
that have been approved by the superintendent.

(c) If any vehicle is so constructed as to make compliance
with the requirements of this section impracticable, the lamps
and reflectors required herein shall be placed on the vehicle in
accordance with the superintendent's regulations; provided,
that the requirement of reflectors shall not apply to school
busses unless used during the time that lights are required
under section 18-125. (Code 1959, § 18-121; 6-21-65, § 17.)

[260]

For similar state law, see Code of Va., § 46.1-265.

Sec. 18-122. Same—Vehicles or loads exceeding thirty-five
feet.[261]

Whenever any motor vehicle or combination of vehicles
whose actual length, including the load thereon, shall exceed
thirty-five feet and is not subject to the provisions of section
18-121, such vehicles shall, when operated during the hours
of darkness, be equipped with reflectors of a type approved
by the superintendent. Such reflectors shall be mounted on
the widest part of the towed vehicle or the load thereon so as
to be visible from the front and sides of the vehicle. (Code
1959, § 18-124.)

[261]

For similar state law, see Code of Va., § 46.1-265.1.

Sec. 18-123. Spotlights and ditch lights.[262]

Any motor vehicle or motorcycle may be equipped with not
to exceed two spotlights or two ditch lights which when
lighted shall be aimed and used so that no portion of the
beam will be directed to the left of the center of the highway
at any time or more than one hundred feet ahead of the
vehicle and shall be of a type that has been approved by the
superintendent. No such spotlights shall be used in conjunction
with or as a substitute for required headlights, except
in case of emergency. (Code 1959, § 18-123.)

[262]

For similar state law, see Code of Va., § 46.1-266.

329

Sec. 18-124. Other permissible lights; police and fire department
vehicles, emergency vehicles, etc.[263]

Any motor vehicle may be equipped with not to exceed two
fog lamps, one passing lamp, one driving lamp, two side
lamps of not more than six candle power, an interior light of
not more than fifteen candle power, vacant or destination
signs on vehicles operated as public carriers and signal
lamps.

Only those vehicles listed in subsection (a) of section 1866.1
and paragraph (a) of this section and school buses may
be equipped with flashing, blinking or alternating red emergency
lights of a type approved by the superintendent.

Vehicles used for the principal purpose of towing disabled
vehicles or in constructing, maintaining and repairing streets
and highways or utilities on or along public streets and highways
may be equipped with flashing, blinking or alternating
amber warning lights of a type approved by the superintendent.

(a) A member of any fire department, volunteer fire company
or volunteer rescue squad may equip one vehicle owned
by him with a flashing or steady-burning red light of a type
approved by the superintendent, for use by him only in answering
emergency calls.

Any person violating the provision of this section shall be
guilty of a misdemeanor.

(b) Blue lights, steady or flashing, of a type approved by
the superintendent, shall be reserved for civil defense vehicles,
publicly or privately owned.

No motor vehicle shall be operated on any street or highway
which is equipped with any lighting device other than
lamps required or permitted in this article or required or
approved by the superintendent. (Code 1959, § 18-124; 6-2165,
§ 18.)

[263]

For similar state law, see Code of Va., § 46.1-267.

Sec. 18-125. When lights to be lighted; number of lights to
be lighted at any time; use of warning lights.[264]

(a) Every vehicle upon a street within this city shall display
lighted lamps and illuminating devices as required by

330

this article from a half hour after sunset to a half hour before
sunrise and at any other time when, due to insufficient
light or unfavorable atmospheric conditions, persons or vehicles
on the streets are not clearly discernible at a distance
of five hundred feet.

(b) Not more than four lamps used to provide general
illumination ahead of the vehicle, including at least two head
lamps and any other combination of fog lamps, passing lamps,
driving lamp or other auxiliary lamp approved by the superintendent
shall be lighted at any time; provided, that this
limitation shall not preclude the display of such warning
lights as may be authorized in section 18-124, nor such lights
as may be authorized by the superintendent for purposes of
identification, other than warning lights.

(c) Vehicles equipped with warning lights authorized in
section 18-124 shall display such lights at all times when engaged
in emergency calls, and if engaged in towing disabled
vehicles or in constructing, repairing and maintaining public
highways or utilities on or along public highways, such lights
shall be displayed during the periods prescribed in subsection
(a) of this section. (Code 1959, § 18-125; 6-21-65, § 19.)

[264]

For similar state law, see Code of Va., § 46.1-268.

Sec. 18-126. Requirements as to single-beam head lamps.[265]

Approved single-beam head lamps shall be aimed in accordance
with requirements adopted by the superintendent
so as not to project a glaring or dazzling light to persons
approaching such head lamps and shall be of sufficient intensity
to reveal persons and objects at a distance of at least
two hundred feet. (Code 1959, § 18-126.)

[265]

For similar stat elaw, see Code of Va., § 46.1-269.

Sec. 18-127. Requirements as to multiple-beam head lamps.[266]

Approved multiple-beam head lamps shall be aimed in accordance
with requirements adopted by the superintendent
based on recommendations of the Society of Automotive Engineers.
An uppermost distribution of light shall be provided
of sufficient intensity to reveal persons and objects at least
three hundred fifty feet ahead and at least one lower, nonglaring
distribution of light shall be provided. All road lighting

330.1

beams shall be of such intensity as to reveal persons and
objects at least one hundred feet ahead. (Code 1959, § 18-127.)

[266]

For similar state law, see Code of Va., § 46.1-270.

Sec. 18-128. Indicator lamp required.[267]

Every new motor vehicle hereafter sold when operated on
a street shall be equipped with an indicator lamp in good condition
which shall indicate to the operator when the uppermost

331

distribution of light is being used. (Code 1959, § 18128.)

[267]

For similar state law, see Code of Va., § 46.1-271.

Sec. 18-129. Lighting equipment required or prohibited.[268]

Every vehicle operated or moved upon a street within this
city shall at all times be equipped with such lamps as are required
by this division for different classes of vehicles, which
lamps shall at all times be capable of being lighted, except
as therein otherwise provided (and which shall be installed
and aimed as set forth in such laws); but this section shall
not apply to any vehicle for transporting well-drilling machinery
licensed under section 46.1-156, Code of Virginia,
when operated only between the hours of sunrise and sunset.
(Code 1959, § 18-129.)

[268]

For similar state law, see Code of Va., § 46.1-259.

Sec. 18-130. When dimming headlights, etc., required.[269]

Whenever a vehicle is being operated upon a street or a
portion thereof which is sufficiently lighted to reveal any person
or object upon such way at a distance of three hundred
and fifty feet ahead, the operator of such vehicle shall use
one of the lowermost distributions of light or shall dim the
head lamps if the vehicle has single-beam lamps. Whenever
a vehicle approaches an oncoming vehicle within five hundred
feet it shall be the duty of the operator of such vehicle to
use one of the lowermost distributions of light so aimed that
glaring rays are not projected into the eyes of the oncoming
driver, or to dim the head lamps if the vehicle has single-beam
lamps.

Whenever the operator of any motor vehicle approaches
from the rear or follows within two hundred feet of another
vehicle proceeding in the same direction, such operator shall
use the lowermost distributions of light or shall dim the head
lamps if the vehicle has single-beam lamps. (Code 1959, §
18-130.)

[269]

For similar state law, see Code of Va., § 46.1-272.

Sec. 18-131. Dimming or lowering headlights on parked vehicles.[270]

Whenever a vehicle is parked so that the beam from the

332

headlights of such parked vehicle will glare into the eyes of
the driver of a vehicle approaching upon a street, it shall be
the duty of the operator of the parked vehicle to dim or low
beam such lights so that glaring rays are not projected into
the eyes of such approaching driver. (Code 1959, § 18-131.)

[270]

For similar state law, see Code of Va., § 46.1-273.

Sec. 18-132. Lights on parked vehicles.[271]

No lights need be displayed upon any vehicle parked within
the city when such vehicle is parked in accordance with the
provisions of this chapter. (Code 1959, § 18-132; 6-21-65, §
20.)

[271]

For state law as to lights on parked vehicles, see Code of Va., §
46.1-276.

Sec. 18-133. Acetylene lamps on antique motor vehicles.[272]

(a) Antique motor vehicles, as defined in section 18-1, may
be equipped with two acetylene head lamps of approximately
equal candle power when equipped with clear plain glass
fronts, bright, six-inch spherical mirrors and standard acetylene
five-eighths foot burners, not more and not less, which
project a driving light sufficient to render clearly discernible
a person upon the roadway within a distance of two hundred
feet but must not project a glaring or dazzling light into the
eyes of approaching drivers.

(b) Vehicles equipped with acetylene lights as hereinbefore
provided shall also be equipped with a rear lamp of acetylene
type, which, when lighted, shall project a red light visible for
a distance of three hundred feet to the rear of the vehicle
and shall be so constructed as to illuminate by a white light
the rear license plate of such vehicle so as to be read for
a distance of fifty feet from the rear of such vehicle. (Code
1959, § 18-133.)

[272]

For similar state law, see Code of Va., § 46.1-274.

Article VI. Size and Weight of Vehicles.

Sec. 18-134. Width of vehicles and exceptions as to size.[273]

No vehicle, including any load thereon, but excluding the
mirror required by section 18-103, shall exceed a total outside

333

width as follows: (1) Farm tractor—One hundred eight
inches; (2) passenger bus operated in the city when authorized
pursuant to Code of Virginia, 1950, section 46.1-180—
One hundred two inches; (3) other vehicles—Ninety-six
inches. (Code 1959, § 18-34.)

[273]

For similar state law, see Code of Va., § 46.1-328.

Sec. 18-135. Height of vehicles; damage to overhead obstruction;
notice of damage to overhead bridges,
etc.[274]

(a) No vehicle, unladen or with load, shall exceed a
height of thirteen feet, six inches.

(b) Nothing contained in this section shall be construed to
require either public authorities or railroad companies to provide
vertical clearances of overhead bridges or structures in
excess of twelve feet, six inches, or to make any changes in
the vertical clearance of existing overhead bridges or structures
crossing streets or highways. The operator or owner of
vehicles operating on streets or highways shall be held
financially responsible for any damage to overhead bridges
or structures that result from collisions therewith.

(c) The operator or owner of any vehicle colliding with
any overhead bridge or structure shall immediately notify,
either in person or by telephone, the public authority or railroad
company owning or maintaining such overhead bridge
or structure, or a police officer, of the fact of such collision,
and his name, address, operator's or chauffeur's license number
and the registration number of his vehicle. Failure to give
such notice immediately, either in person or by telephone, shall
constitute a violation of this chapter. (Code 1959, § 18-135;
6-21-65, § 21.)

[274]

For similar state law, see Code of Va., § 46.1-329.

Sec. 18-136. Length of vehicles—Generally; special permits.[275]

Except for passenger busses, no motor vehicle exceeding a
length of thirty-five feet shall be operated upon a street within
this city. The actual length of any combination of vehicles
coupled together, including any load thereon, shall not exceed
a total of fifty-five feet, and no tolerance shall be allowed
thereon; provided, that the city manager, when good cause
is shown, may issue a special permit for combinations in

334

excess of fifty-five feet, including any load thereon, where
the objects to be carried can not be moved otherwise; and
passenger busses in excess of thirty-five feet, but not exceeding
forty feet, may be operated on the streets of this city,
when authorized pursuant to section 46.1-180 of the Code of
Virginia. (Code 1959, § 18-136; 6-21-65, § 22.)

[275]

For similar state law, see Code of Va., § 46.1-330.

Sec. 18-137. Same—Mobile homes or house trailers.[276]

The actual length of any combination of a towing vehicle
and any mobile home or house trailer, coupled together, shall
not exceed a total length of fifty-five feet, including coupling.
(Code 1959, § 18-137.)

[276]

For similar state law, see Code of Va., § 46.1-331.

Sec. 18-138. Size limitations inapplicable to farm machinery
and fire-fighting equipment.[277]

The limitations upon size of vehicles prescribed in sections
18-134 to 18-136 and sections 18-139 and 18-140 shall not
apply to farm machinery other than farm tractors when such
machinery is temporarily propelled, hauled, transported or
moved upon any street by a farm machinery distributor or
dealer or by a farmer in the ordinary course of business, nor
to fire-fighting equipment of any county, city, town or firefighting
company or association. (Code 1959, § 18-138; 6-21-65,
§ 23.)

[277]

For similar state law, see Code of Va., § 46.1-332.

Sec. 18-139. Extension of loads beyond front of vehicles.[278]

No train of vehicles or a vehicle operated alone shall carry
any load extending more than three feet beyond the front
thereof. (Code 1959, § 18-139.)

[278]

For similar state law, see Code of Va., § 46.1-333.

Sec. 18-140. Extension of loads beyond sides.[279]

No vehicle shall carry any load extending more than six
inches beyond the line of the fender or body; provided, that
such load shall not exceed a total outside width as prescribed
by section 18-134. (Code 1959, § 18-140; 6-21-65, § 24.)

[279]

For similar state law, see Code of Va., § 46.1-334.

335

Sec. 18-141. Vehicles having more than one trailer, etc., attached
thereto.[280]

No motor vehicle shall be driven upon a street drawing or
having attached thereto more than one motor vehicle, trailer
or semitrailer unless such vehicle is being operated under a
special permit from the state highway commission, but this
limitation shall not apply between sunrise and sunset to such
farm trailers or semitrailers being moved from one farm to
another farm owned or operated by the same person within
a radius of ten miles; provided, that this limitation shall
not apply to a combination of vehicles coupled together by a
saddle mount device used to transport motor vehicles in a
drive-away service from factory to dealer when not more
than two saddle mounts are used and such use is in conformity
with safety regulations adopted by the superintendent.
(Code 1959, § 18-141; 6-21-65, § 25.)

[280]

For similar state law, see Code of Va., § 46.1-335.

Sec. 18-142. Connection between vehicles.[281]

The connection between any two vehicles, one of which is
towing or drawing the other on a street, shall consist of a
fifth wheel, drawbar or other similar device not to exceed ten
feet in length from one vehicle to the other and such two
vehicles shall in addition to such drawbar or other similar
device be equipped at all times when so operated on a street
with an emergency chain. (Code 1959, § 18-142.)

[281]

For similar state law, see Code of Va., § 46.1-336.

Sec. 18-143. Same—In case of breakdown.[282]

The provisions of section 18-142 shall not apply in case of
a bona fide emergency resulting from a mechanical breakdown
or an accident when such vehicle is being towed to the nearest
garage or repair shop which can furnish the required
service. In any such case, such connection may consist solely
of a chain, rope or cable of not over fifteen feet in length
between vehicles; provided, that a licensed operator shall be
at the controls of the towed vehicle to brake, steer and control
the lights thereof. (Code 1959, § 18-143.)

[282]

For similar state law, see Code of Va., § 46.1-337.

336

Sec. 18-144. Towing unlicensed or uninspected motor vehicle.[283]

Nothing in this chapter shall be construed to prohibit towing
an unlicensed motor vehicle or motor vehicle which has
not been inspected. (Code 1959, § 18-144.)

[283]

For similar state law, see Code of Va., § 46.1-338.

Sec. 18-145. Weight of vehicles and loads.

The maximum gross weight and axle weight to be permitted
on the road surface of any street in the city shall be in accordance
with the provisions of Code of Virginia, section
46.1-339.[284]
(Code 1959, § 18-145.)

[284]

For state law as to application of Code of Va., § 46.1-339, to vehicles
designed for towing disabled vehicles, see Code of Va., § 46.1339.1.

Sec. 18-146. When weight and load limits may be decreased.[285]

The city manager and the chief of police, in their discretion,
may make, promulgate and enforce rules and regulations
decreasing the weight and load limit specified in Code of Virginia,
section 46.1-339, for a total period not to exceed ninety
days in any calendar year, when operation over streets by
reason of deterioration, rain, snow or other climatic conditions
will seriously damage such streets unless such weights
are reduced. The city manager shall cause to be erected signs
stating the weight specified in such rule or regulation at each
end of the section of the street affected and no such rule or
regulation shall be effective until such signs are erected. Any
person violating such rules and regulations shall be punished
as provided in section 18-22. (Code 1959, § 18-146.)

[285]

For state law as to when load and weight limits may be reduced,
see Code of Va., § 46.1-345.

Sec. 18-147. Permits for vehicles of excessive size and
weight.[286]

(a) The city manager and the chief of police may, in their
discretion, upon application in writing and good cause being
shown therefor, issue a special permit, in writing, authorizing

337

the applicant to operate or move a vehicle upon the streets
of a size or weight exceeding the maximum specified in this
article. Every such permit may designate the route to be
traversed and contain any other restrictions or conditions
deemed necessary by the city manager and the chief of police.

(b) Provided, however, that the city manager and the
chief of police, upon application in writing made by the owner
or operator of three axle trucks hauling road construction
materials and having a gross weight not exceeding forty-three
thousand nine hundred pounds, a single axle weight not exceeding
eighteen thousand pounds, and a tandem axle weight
not exceeding thirty-two thousand pounds, shall issue to such
owner or operator, without cost, a permit in writing authorizing
the operation of such vehicles upon the streets. No such
permit shall designate the route to be traversed, nor contain
restrictions or conditions not applicable to other vehicles in
their general use of the highways; provided further, that the
city manager and the chief of police, upon application in
writing made by the owner or operator of three-axle vehicles
used exclusively for the mixing of concrete in transit and
having a gross weight not exceeding fifty thousand pounds,
a single axle weight not exceeding eighteen thousand pounds,
and a tandem axle weight not exceeding thirty-six thousand
pounds, shall issue to such owner or operator, without cost, a
permit in writing authorizing the operation of such vehicles
upon the streets. No such permit shall designate the route to
be traversed nor contain restrictions or conditions not applicable
to other vehicles of this weight in their general use
of the highways.

(c) Provided further, that the city manager and the chief
of police, upon application in writing, made by the owner or
operator of vehicles used exclusively for the hauling of coal
from a mine or other place of production to a preparation
plant or railroad, shall issue to such owner or operator, without
cost, a permit in writing authorizing the operation of
three-axle vehicles having a gross weight not exceeding
fifty thousand pounds, a single axle weight not exceeding
twenty-four thousand pounds and a tandem axle weight not
exceeding forty thousand pounds, and shall issue such permit
for two-axle vehicles having a gross weight not exceeding
thirty-six thousand pounds and a single-axle weight not exceeding
twenty-four thousand pounds.

338

(d) Every permit required by this section shall be carried
in the vehicle to which it refers and shall be open to inspection
by any police officer, and any person violating any of the
terms or conditions of such special permit shall be punished
as provided in section 18-22. (Code 1959, § 18-147.)

[286]

For state law requiring permits for vehicles of excessive size and
weight, see Code of Va., § 46.1-343.

Sec. 18-148. Weighing vehicles.[287]

An officer authorized to enforce the law under this chapter,
having reason to believe that the weight of a vehicle and load
is unlawful, is authorized to weigh the same. If the place
where the vehicle is stopped is ten miles or less from a permanent
weighing station, the officer may, and upon demand
of the driver, shall require the vehicle to proceed to such
station. If the distance to the nearest permanent weighing
station is more than ten miles, such vehicle may be weighed
by loadometers. Any operator who fails or refuses to drive
his vehicle to such permanent weighing station or upon such
scales or loadometers upon the request and direction of the
officer to do so, shall, upon conviction thereof, be fined not
less than ten dollars nor more than one hundred dollars, which
penalty shall be in addition to any other penalties prescribed
for exceeding the maximum gross weight permitted or for
any other violation. Should the officer find that the weight of
any vehicle and its load is greater than that permitted by this
article, or that the weight of the load carried in or on such
vehicle is greater than that which the vehicle is licensed to
carry, he may require the driver to unload, at the nearest
place where the property unloaded may be stored or transferred
to another vehicle, such portion of the load as
may be necessary to decrease the gross weight of the vehicle
to the maximum therefore permitted by this article. If the
driver of an overloaded vehicle is convicted, forfeits bail or
purchases an increased license as a result of such weighing,
the court in addition to all other penalties shall assess and
collect a weighing fee of two dollars from the owner or
operator of the vehicle. (Code 1959, § 18-148.)

[287]

For similar state law, see Code of Va., § 46.1-347.

339

Article VII. Accidents.

Sec. 18-149. Duty of driver to stop, etc., in event of accident;
duty of occupant; reports additional to other
accident reports required by this article.[288]

(a) The driver of any vehicle involved in an accident in
which an attended vehicle or other attended property is damaged
shall immediately stop as close to the scene of the accident
as possible without obstructing traffic and report to a
police officer or to the driver or some other occupant of the
vehicle collided with or to the custodian of other damaged
property, his name, address, operator's or chauffeur's license
number and the registration number of his vehicle.

(b) If the driver fails to stop and make the report required
by subsection (a) of this section, any person in the vehicle
with the driver at the time of the accident who has knowledge
of the accident shall report within twenty-four hours from
the time of the accident to the chief of police of the city, his
name, address and such other information within his knowledge
as the driver must report pursuant to subsection (a)
of this section.

(c) The driver of any vehicle involved in an accident in
which no person is killed or injured but in which an unattended
vehicle or other unattended property is damaged
shall make a reasonable effort to find the owner or custodian
of such property and shall report to the owner or custodian
the information which the driver must report pursuant to subsection
(a) of this section if such owner or custodian is found.
If the owner or custodian of such damaged vehicle or property
cannot be found, the driver shall leave a note in a conspicuous
place at the scene of the accident and shall report
the accident in writing within twenty-four hours to the chief
of police. Such note and written report shall contain the information
which the driver must report pursuant to subsection
(a) of this section and such written report shall state
in addition the date, time and place of the accident, the
driver's estimate of the property damage.

(d) If the driver fails to stop and make a reasonable search
for the owner or custodian of an unattended vehicle or property
or to leave a note for such owner or custodian as required

340

by subsection (c) of this section, any person in the
vehicle with the driver at the time of the accident who has
knowledge of the accident shall report within twenty-four
hours from the time of the accident to the chief of police,
his name, address and such other facts within his knowledge
as are required by subsection (c) of this section to be reported
by the driver.

(e) The reports required by this section are in addition to
other accident reports required by this chapter or by state
law[289] and shall be made irrespective of the amount of property
damage involved.

(f) The provisions of this section shall apply irrespective
of whether such accident occurs on the public streets or on
private property. (Code 1959, § 18-149.)

[288]

For similar state law, see Code of Va., § 46.1-176.

[289]

For state law requiring reports of accidents when a person is
killed or injured, see Code of Va., § 46.1-176.

Sec. 18-150. Penalty for violating preceding section.[290]

Any person convicted of violating section 18-149 shall be
punished by a fine not exceeding five hundred dollars or confinement
in jail not exceeding twelve months, or both, in the
discretion of the jury or the court trying the case without a
jury; provided, that if the vehicle struck is unattended and
the damage thereto is less than twenty-five dollars, such
person shall be punished only by a fine not exceeding fifty
dollars. (Code 1958, § 18-150; 6-21-65, § 26.)

[290]

For state law in connection with this section, see Code of Va.,
§ 46.1-177.

Sec. 18-150.1. Revocation of operator's license for violation of
section 18-149.[291]

Any person convicted of violating the provisions of section
18-150, may be punished, in addition to the penalties provided
in section 18-150, if such accident resulted only in damage to
property and such damage exceeded two hundred fifty dollars,
by revocation of his license or privilege to operate a motor
vehicle on the highways of this state for a period not to exceed
six months by the court or judge; provided, that this
section shall in no case be construed to limit the authority

340.1

or duty of the commissioner with respect to revocation of
licenses for violation of section 18-149 as provided in chapter
6 (§ 46.1-388 et seq.) of title 46.1 of the Code of Virginia.
Any license revoked under the provisions hereof shall be surrendered
to the court to be disposed of in accordance with
the provisions of section 46.1-425 of the Code of Virginia.

[291]

For similar state law, see Code of Va., § 46.1-177.1.

Sec. 18-151. Leaving scene of accident when directed to do
so by officer.[292]

A person shall leave the scene of a traffic accident when
directed to do so by a police officer. (Code 1959, § 18-151.)

[292]

For similar state law, see Code of Va., § 46.1-251.

Sec. 18-152. Driver to give immediate notice of certain accidents.[293]

The driver of any vehicle involved in any accident resulting

341

in injury to or death of any person or some person acting
for him shall immediately by the quickest means of communication
give notice of the accident to the police department. A
wilful failure to make the report required in this section shall
constitute a misdemeanor and be punishable under section
18-22. (Code 1959, § 18-152.)

[293]

For similar state law, see Code of Va., § 46.1-399.

Sec. 18-153. Driver to make written report of certain accidents
to police; supplemental reports; reports
by witnesses.[294]

(a) The driver of a vehicle involved in an accident resulting
in injury to or death of any person or total property
damage to an apparent extent of one hundred dollars, or more,
shall, within five days after the accident, make a written report
of it to the police department.

(b) The chief of police may require any driver of a vehicle
involved in any accident of which report must be made
to file a supplemental report whenever any report is insufficient
in his opinion and he may require witnesses of accidents
to render reports to the police department. A wilful
failure to file the report required in this section shall constitute
a violation of this chapter, and shall be punishable
under section 18-22. (Code 1959, § 18-153.)

[294]

For similar state law, see Code of Va., § 46.1-400.

Sec. 18-154. Report by officer investigating accident.[295]

Every police officer who in the course of duty investigates
a motor vehicle accident of which report must be made, either
at the time of and at the scene of the accident or thereafter
and elsewhere, by interviewing participants or witnesses
shall, within twenty-four hours after completing the investigation,
forward a written report of the accident to the police
department. (Code 1959, § 18-154.)

[295]

For similar state law, see Code of Va., § 46.1-401.

Sec. 18-155. Occupants to report when driver incapable.[296]

Whenever the driver of a vehicle is physically incapable of
making an immediate or a written report of an accident of
which a report is required, each other occupant of the vehicle
at the time of the accident, if any, who is capable of so

342

doing must make the report required by this article to be
made primarily by the driver. A wilful failure to file the
report required by this section shall constitute a violation of
this chapter, and shall be punishable under section 18-22.
(Code 1959, § 18-155.)

[296]

For similar state law, see Code of Va., § 46.1-402.

Sec. 18-156. Report required of person in charge of garage
or repair shop.[297]

The person in charge of any garage or repair shop to which
is brought any motor vehicle that shows evidence of having
been involved in a serious motor vehicle accident or with evidence
of bloodstains shall report to the police station within
twenty-four hours after the motor vehicle is received, giving
the engine number, registration number and the name and
address of the owner or operator of the vehicle if known.
Reports required by this section shall be made upon forms
provided by the police department. (Code 1959, § 18-156.)

[297]

For similar state law, see Code of Va., § 46.1-406.

For other reports by persons in charge of garages, etc., see §§ 18-7
to 18-9 of this Code.

Sec. 18-157. Reports made by persons involved in accidents
or by garages without prejudice and confidential;
exceptions.[298]

All accident reports made by persons involved in accidents
or by garages shall be without prejudice to the individual so
reporting and shall be for the confidential use of the police
department or other city or state agencies having use for the
records for accident prevention purposes; except, that the
police department may disclose the identity of a person involved
in an accident when his identity is not otherwise known
or when he denies his presence at the accident. (Code 1959, §
18-157.)

[298]

For similar state law, see Code of Va., § 46.1-407.

Sec. 18-158. Extent to which accident reports may be used as
evidence.[299]

No accident report shall be used as evidence in any trial,
civil or criminal, arising out of an accident, except that the
police department shall furnish upon demand of any person

343

who has or claims to have made such a report or upon demand
of any court a certificate showing that a specified accident
report has or has not been made to the police department,
solely to prove compliance or noncompliance with the requirement
that the report be made to the police department. (Code
1959, § 18-158.)

[299]

For similar state law, see Code of Va., § 46.1-408.

Sec. 18-159. Use of accident reports made by investigating
officers.[300]

Subject to the provisions of section 18-157, all accident reports
made by investigating officers shall be for the confidential
use of the police department and other city or state agencies
for accident prevention purposes and shall not be used
as evidence in any trial, civil or criminal, arising out of any
accident. The police department shall disclose from the reports,
upon request of any person, the date, time and location
of the accident and the names and addresses of the drivers,
the owners of the vehicles involved, the injured persons, the
witnesses and one investigating officer. (Code 1959, § 18-159.)

[300]

For similar state law, see Code of Va., § 46.1-409.

Sec. 18-160. Accident reports to be in addition to reports required
by state law.[301]

The reports of accidents as required by this article are in
addition to and not in lieu of any reports required by Code
of Virginia, sections 46.1-399 to 46.1-416. (Code 1959, § 18160.)

[301]

For state law as to authority of city to require accident reports,
see Code of Va., § 46.1-411.

Article VIII. Protection of Pedestrians.

Sec. 18-161. Pedestrians crossing streets.[302]

(a) When crossing streets, pedestrians shall not carelessly
or maliciously interfere with the orderly passage of vehicles.
They shall cross wherever possible only at intersections, but
where intersections of streets contain no marked crosswalks
pedestrians shall not be guilty of negligence as a matter of
law for failure to cross at such intersection. They shall cross
only at right angles.

344

(b) Pedestrians may cross in intersection diagonally when
all traffic entering the intersection has been halted by lights,
semaphores or signals by a peace or police officer. (Code 1959,
§ 18-161.)

[302]

For similar state law, see Code of Va., § 46.1-230.

Sec. 18-162. Right of way of pedestrians.[303]

The driver of any vehicle upon a street within a business or
residence district shall yield the right of way to a pedestrian
crossing such street within any clearly marked crosswalk,
whether at midblock or at the end of any block, or any regular
pedestrian crossing included in the prolongation of the lateral
boundary lines of the adjacent sidewalk at the end of a block,
except at intersections where the movement of traffic is being
regulated by traffic officers or traffic-direction devices.

No pedestrian shall enter or cross an intersection in disregard
of approaching traffic.

The drivers of vehicles entering, crossing or turning at
intersections shall change their course, slow down or come to
a complete stop if necessary to permit pedestrians to safely
and expeditiously cross such intersection.

Pedestrians crossing streets at intersections shall at all
times have the right of way over vehicles making turns into
the streets being crossed by the pedestrians.

Notwithstanding the provisions contained in section 18-1,
as used in this section, "business district" means the territory
contiguous to a street or highway where fifty per cent or more
of the total frontage on either side of the street or highway,
for a distance of one hundred fifty feet or more, is used for
business purposes.

Notwithstanding the provisions contained in section 18-1,
as used in this section, "residence district" means the territory
contiguous to a street or highway, not comprising a business
district, where fifty per cent or more of the total frontage, on
either side of the street or highway, for a distance of one
hundred fifty feet or more, is used for residential purposes.
(Code 1959, § 18-162; 6-21-65, § 27.)

[303]

For similar state law, see Code of Va., § 46.1-231.

Sec. 18-163. Stepping where they cannot be seen.[304]

Pedestrians shall not step into that portion of a street open

345

to moving vehicular traffic at any point between intersections
where their presence would be obscured from the vision of
drivers of approaching vehicles by a vehicle or other obstruction
at the curb or side, except to board a passenger bus or to
enter a safety zone, in which event they shall cross the street
only at right angles. (Code 1959, § 18-163.)

[304]

For similar state law, see Code of Va., § 46.1-232.

Sec. 18-164. Entering or leaving busses.[305]

When actually boarding or alighting from passenger busses,
pedestrians shall have the right of way over vehicles, but shall
not, in order to board or alight from passenger busses, step
into the street sooner nor remain there longer than is absolutely
necessary. (Code 1959, § 18-164.)

[305]

For similar state law, see Code of Va., § 46.1-233.

Sec. 18-165. Pedestrians not to use streets except when necessary;
keeping to left; soliciting rides.[306]

Pedestrians shall not use the streets, other than the sidewalk
thereof, for travel, except when necessary to do so because
of the absence of sidewalks, reasonably suitable and
passable for their use, in which case, if they walk upon the
hard surface, or the main-traveled portion of the roadway,
they shall keep to the extreme left side of edge thereof, or
where the shoulders of the street are of sufficient width to
permit, they may walk on either shoulder thereof.

Pedestrians shall not stand or stop in any roadway or street
for the purpose of soliciting rides. (Code 1959, § 18-165.)

[306]

For similar state law, see Code of Va., § 46.1-234.

Sec. 18-166. Playing on streets[307] ; roller skates, toys or other
devices on wheels or runners; persons riding
bicycles, etc., not to attach to vehicles.

No person shall play on a street, other than upon the sidewalks
thereof, within the city. No person shall use on a street
where play is prohibited roller skates, toys or other devices
on wheels or runners (including but not limited to devices
known as "skate boards" or "sidewalk surfboards"), except

346

bicycles and motorcycles. The city manager may designate
areas on streets where play is prohibited in which persons
may be permitted to use roller skates, toys or other devices
on wheels or runners, and, if such streets have two traffic
lanes, such persons shall keep as near as reasonably possible
to the extreme left side or edge of the left-hand lane so that
they will be facing oncoming traffic at all times.

No person riding upon any bicycle, roller skates, toys or
other devices on wheels or runners shall attach the same or
himself to any vehicle upon a roadway.

No parent or guardian having the legal custody of any
minor shall permit such minor to violate any of the provisions
of this section. (Code 1959, § 18-166.)

[307]

For similar state law, see Code of Va., § 46.1-235.

As to playing ball in streets, see § 19-31 of this Code. As to coasting
or snowballing in streets, see § 30-44.

Sec. 18-167. Penalty for violating sections 18-161 to 18-166.[308]

Any person convicted of violating any of the provisions of
sections 18-161 to 18-166 shall be fined not less than two dollars
nor more than twenty-five dollars for each offense. (Code
1959, § 18-167.)

[308]

For similar state law, see Code of Va., § 46.1-236.

Sec. 18-168. When vehicles to stop for pedestrians carrying
white or red-tipped white cane.[309]

Whenever a pedestrian is crossing or attempting to cross a
public street or highway, guided by a guide dog or carrying
in a raised or extended position a cane or walking stick clearly
visible above the body which is metallic or white in color or
white tipped with red, the driver of every vehicle approaching
the intersection or place of crossing shall bring his vehicle to
a full stop before arriving at such intersection or place of
crossing, unless such intersection or place of crossing is controlled
by a traffic officer. (Code 1959, § 18-168; 6-21-65,
§ 28.)

[309]

For similar state law, see Code of Va., § 46.1-237.

Sec. 18-169. Unlawful for person not blind or incapacitated
to carry white or red-tipped white cane.[310]

It is unlawful for any person, unless totally or partially

347

blind or otherwise incapacitated, while on any public street
or highway, to carry in a raised or extended position a cane
or walking stick which is metallic or white in color or white
tipped with red. (Code 1959, § 18-169; 6-21-65, § 29.)

[310]

For similar state law, see Code of Va., § 46.1-238.

Sec. 18-170. Penalty for violating sections 18-168 and 18-169.[311]

Any person who violates any provision of section 18-168
or 18-169 shall, upon conviction thereof, be punished by a fine
not exceeding twenty-five dollars or imprisonment in jail not
exceeding ten days, or both. (Code 1959, § 18-170.)

[311]

For similar state law, see Code of Va., § 46.1-239.

Sec. 18-171. Construction of sections 18-168 and 18-169;
failure to use cane or guide dog not contributory
negligence.[312]

Nothing contained in sections 18-168 and 18-169 shall be
construed to deprive any totally or partially blind or otherwise
incapacitated person, not carrying a cane or walking
stick or not being guided by a dog, of the rights and privileges
conferred by law upon pedestrians crossing streets, nor shall
the failure of such totally or partially blind or otherwise incapacitated
person to carry a cane or walking stick, or to be
guided by a guide dog upon the streets or sidewalks of this
city be held to constitute nor be evidence of contributory
negligence. (Code 1959, § 18-171.)

[312]

For similar state law, see Code of Va., § 46.1-240.

Article IX. Automobile Graveyards.[313]

Sec. 18-172. Defined.

348

Sec. 18-173. Fencing required in residential zones.

Sec. 18-174. Burning prohibited in residential zones.

It shall be unlawful to burn any motor vehicle or any component
part of such vehicle in any automobile graveyard
located within an R-1, R-2 or R-3 residential zoning district.
(3-6-61.)

Sec. 18-175. Piling contents higher than fence; permitting
contents to be or remain outside fence.

It shall be unlawful for any contents of an automobile
graveyard to be piled higher than the fence required by this
article, or for any contents of an automobile graveyard to
spill over, be placed or allowed to remain on any right of way
or alley abutting such automobile graveyard or on any other
property other than property owned by an automobile graveyard.
(3-6-61.)

[313]

For state law authorizing city to regulate automobile graveyards,
see Code of Va., § 15.1-28.

Article X. Vending in Streets from Vehicles.

Sec. 18-176. Definitions.

For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:

Vehicle. Any motor vehicle used for vending to a retail
customer on the city streets.

Vending. The sale of food, drink, ice cream or other frozen
dessert to a retail customer within the street right of way of
any public street in the city. (6-4-62.)

Sec. 18-177. Vehicles, subject to article.

Except as otherwise provided in this article, every motor
vehicle used to transact the business of vending to a retail

349

customer where the sale is made in the city street right of way
shall be subject to the provisions of this article. (6-4-62.)

Sec. 18-178. Impeding traffic prohibited; parking, etc., prohibited
except to transact business.

No vehicle vending within the city shall interfere with or
impede the flow of traffic on any city street, and except for
emergency stops, no such vehicle shall be parked or stopped
on any street when not engaged in transacting its business.
(6-4-62.)

Sec. 18-179. Stopping near schools.

No vending vehicle shall stop, except for emergency reasons,
within one hundred feet of any school property without
the annual written consent of the principal of such school
permitting such stop. (6-4-62.)

Sec. 18-180. Stopping prohibited on certain streets.

No sales shall be made by a vehicle on any street where
posted speed limits are in excess of twenty-five miles per hour.
(6-4-62.)

Sec. 18-181. Regulations as to sales.

Whenever a vehicle is stopped for the purpose of making
sales it shall be stopped at the right-hand curb of the street,
or if there is no curb, at the extreme right-hand edge of pavement.
No sales shall be made from any such vehicle to any
person not standing on the sidewalk, or where no sidewalk
has been installed, not standing off the paved roadway. At
such stops, the vehicle's motor shall be cut off unless its operation
is essential to producing the product sold. (6-4-62.)

Sec. 18-182. Maximum number of vehicles permitted to vend
within one block.

Only one vending vehicle may dispense merchandise in any
given city block at a time. (6-4-62.)

350

Sec. 18-183. Amber signal lights required on vehicles.

Each vending vehicle shall be equipped with four amber
signal lights, of a minimum diameter of four inches, located
on each corner of the top of the vehicle. All four lights shall
flash simultaneously while such vehicle is stopped for the purpose
of making sales. (6-4-62.)

Sec. 18-184. Use of noise-making devices restricted.

No vending vehicle shall use any noise-making device for
the purpose of attracting customers, except the sounding of
bells, and such bells shall be used only while the vehicle is in
motion from one regular stop to the next regular stop. (6-462.)

Sec. 18-185. Refuse disposal.

Each vehicle shall be equipped with a receptacle for the
disposal of wrappers, papers, containers and other trash. The
driver of each vehicle, before he leaves for his next regular
stop, shall insure that no wrappers, papers, containers, etc.,
have been left on the sidewalk or street. (6-4-62.)

Sec. 18-186. Exemptions from article.

The provisions of this article shall not apply to persons
vending farm produce grown by the vendor, nor to persons
vending wood. (6-4-62.)

Article XI. Highway Safety Commission.

Sec. 18-187. Reestablished; composition; appointment and
terms of members; meetings; duties.

There is hereby reestablished a highway safety commission
for the city, which commission shall consist of seven
members, of whom one shall be the chief of police, one shall
be chairman of the department of physical education of the
city high school and five shall be appointed by the city council.

351

The commission shall meet at least four times each year and
make studies and reports in regard to plans and programs for the
improvement of highway safety within the city. The commission
shall conduct its affairs, perform such duties and make such
reports as are required pursuant to sections 2.1-64.15 through
2.1-64.22 of the Code of Virginia.

Upon the expiration of the respective terms of the members of
the highway safety commission as heretofore constituted, their
successors shall be elected for terms of four years; except, that
elections to fill vacancies occurring before the end of a term shall
be for the unexpired portion thereof. No member shall be elected
to serve more than two full four-year terms. (10-7-68; 11-16-70;
11-6-72.)

Article XII. Pedestrians.

Sec. 18-188. Reserved for future legislation.

Sec. 18-189. Right-of-way of pedestrians.

The driver of any vehicle on the streets of this city shall yield
the right-of-way to a pedestrian crossing such street within any
clearly marked crosswalk whether at mid-block or at the end of
any block, or at any unmarked regular pedestrian crossing at the
end of a block, except at intersections where the movement of
traffic is being regulated by traffic officers or traffic direction
devices. (8-5-74.)

[157]

For state law as to motor vehicles and traffic generally, see Code
of Va., § 46.1-1 et seq.

For charter provisions in regard to city's authority to prescribe breadth
of tires upon wheels used upon streets and power to regulate the speed
and manner of use upon streets of vehicles, see Char., § 14.

As to bicycles generally, see ch. 6 of this Code. As to driving vehicle
over fire hose, see § 12-4. As to repairing or testing motor vehicles on
sidewalks or in streets, see § 30-51. As to taxicabs and other vehicles for
hire, see ch. 32. As to house trailers and trailer courts, see ch. 33.

	CHAPTER 18. The code of the city of Charlottesville, Virginia, 1965 :

University of Virginia Library

CHAPTER 18.

Motor Vehicles and Traffic.[157]

Article I. In General.

Article II. Repealed.

Article III. Operation of Vehicles Generally.

Article IV. Stopping, Standing and Parking.

Division 1. In General.

Division 2. Parking Meters.

Division 3. Permit Parking Zones.

Article V. Equipment.

Article VI. Repealed.

Article VII. Accidents.

Article VIII. Repealed.

Article IX. Automobile Graveyards.

Article X. Vending in Streets from Vehicles.

Article XI. Highway Safety Commission.

Article XII. Pedestrians.

Article I. In General.

Sec. 18-1. Adoption of state law.

Sec. 18-2. Supervision by city manager and chief of police.

Sec. 18-3. Regulatory powers of city manager and chief of police.[158]

Sec. 18-4. Obedience to police.

Secs. 18-5 to 18-11. Repealed.

Sec. 18-12. Injuring, tampering or interfering generally with vehicles.[159]

Sec. 18-13. Authority of fire department officials to direct traffic.

Sec. 18-14. Display of city license plate, tag or other indicia of license.[160]

Sec. 18-15. Operating automobile without driver's permit.

Secs. 18-16 to 18-19. Repealed.

Sec. 18-19.1. Impeding traffic due to lack of snow tires or chains.[161]

Sec. 18-19.2. Removal and disposition of certain unattended or abandoned vehicles; sale; disposition of proceeds; contracts for removal of vehicles.[162]

Sec. 18-2. Supervision by city manager and chief of police.

Sec. 18-3. Regulatory powers of city manager and chief of police.[163]

Sec. 18-4. Obedience to police.

Sec. 18-5. Stopping vehicles for inspection or to secure information.[164]

Sec. 18-6. Right to inspect vehicles in garages, etc.[165]

Sec. 18-7. Reports by persons in charge of garages, parking places, etc.[166] —Vehicle struck by bullets.[167]

Sec. 18-8. Same—Vehicles left unclaimed.[168]

Sec. 18-9. Same—Vehicles with certain equipment.[169]

Sec. 18-10. Applicability of chapter to vehicles regardless of ownership.[170]

Sec. 18-11. Persons riding bicycles or animals or driving animals subject to provisions of chapter.[171]

Sec. 18-12. Injuring, tampering or interfering generally with vehicles.

Sec. 18-13. Authority of fire department officials to direct traffic.

Sec. 18-14. City license number plates to be attached to front or rear of motor vehicle.[172]

Sec. 18-15. Operating automobile without driver's permit.

Sec. 18-16. Unlawfully permitting another to drive.[173]

Sec. 18-17. Persons operating and riding upon motorcycles.[174]

Sec. 18-18. Railroad warning signals must be obeyed.[175]

Sec. 18-19. Slowing down or stopping at railway grade crossings.[176]

Sec. 18-19.1. Impeding traffic due to lack of snow tires or chains.[177]

Sec. 18-19.2. Removal and disposition of certain unattended or abandoned vehicles; sale; disposition of proceeds; contracts for removal of vehicles.[178]

Secs. 18-20 to 18-22.1. Repealed.

Article II. Repealed.

Secs. 18-23 to 18-26. Repealed.

Article III. Operation of Vehicles Generally.[179]

Secs. 18-27 to 18-32.2. Repealed.

Sec. 18-33. Maximum and minimum speed limits; posting, etc., of school zones.[180]

Sec. 18-22.1. Additional penalty for fourth conviction of certain offenses within ten-year period.[181]

Article II. Signs, Signals and Markers.

Sec. 18-23. Signals by traffic officers, etc.[182]

Sec. 18-24. Signals by lights or semaphores.[183]

Sec. 18-25. Other than official signs prohibited.[184]

Sec. 18-26. Injuring signs.[185]

Article III. Operation of Vehicles Generally.[186]

Sec. 18-27. Reckless driving—Generally.[187]

Sec. 18-28. Same—Specific instances; authority of court.[188]

Sec. 18-29. Same—Driving in excess of certain speeds.[189]

Sec. 18-30. (Blank.)[190]

Sec. 18-31. Same—Racing on streets.[191]

Sec. 18-31.1. Same—Same—Aiders or abettors.[192]

Sec. 18-32. Same—Penalty for reckless driving.[193]

Sec. 18-32.1. Same—Disregarding signal by police officer to stop.[194]

Sec. 18-32.2. Same — Lesser offense of improper driving where culpability slight.[195]

Sec. 18-33. Maximum and minimum speed limits; posting, etc., of school zones.[196]

Secs. 18-34 to 18-67. Repealed.

Article IV. Stopping, Standing and Parking.[197]

Division 1. In General.

Sec. 18-68. Authority of city manager and chief of police.[198]

Sec. 18-68.1. Parking regulations within University of Virginia.[199]

Sec. 18-69. When provisions of article applicable.

Sec. 18-3. Regulatory powers of city manager and chief of
police.[158]

Sec. 18-12. Injuring, tampering or interfering generally with
vehicles.[159]

Sec. 18-13. Authority of fire department officials to direct
traffic.

Sec. 18-14. Display of city license plate, tag or other indicia
of license.[160]

Sec. 18-19.1. Impeding traffic due to lack of snow tires or
chains.[161]

Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[162]

Sec. 18-3. Regulatory powers of city manager and chief of
police.[163]

Sec. 18-7. Reports by persons in charge of garages, parking
places, etc.[166] —Vehicle struck by bullets.[167]

Sec. 18-10. Applicability of chapter to vehicles regardless of
ownership.[170]

Sec. 18-11. Persons riding bicycles or animals or driving animals
subject to provisions of chapter.[171]

Sec. 18-12. Injuring, tampering or interfering generally with
vehicles.

Sec. 18-13. Authority of fire department officials to direct
traffic.

Sec. 18-14. City license number plates to be attached to front
or rear of motor vehicle.[172]

Sec. 18-19.1. Impeding traffic due to lack of snow tires or
chains.[177]

Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[178]

Sec. 18-33. Maximum and minimum speed limits; posting,
etc., of school zones.[180]

Sec. 18-22.1. Additional penalty for fourth conviction of certain
offenses within ten-year period.[181]

Sec. 18-32.1. Same—Disregarding signal by police officer to
stop.[194]

Sec. 18-32.2. Same — Lesser offense of improper driving
where culpability slight.[195]

Sec. 18-33. Maximum and minimum speed limits; posting,
etc., of school zones.[196]

Sec. 18-68.1. Parking regulations within University of
Virginia.[199]

Sec. 18-72. Parking, etc., prohibited during designated hours
on signed streets.

Sec. 18-73. Parking on streets on which parking time limit
is designated by signs.

Sec. 18-74. Parking to be in accordance with signs, signals,
etc.

Sec. 18-78. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

Sec. 18-78.1. Temporary parking prohibitions to expedite traffic,
aid snow removal, etc.

Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[201]

Sec. 18-56. Required position and method of turning at intersections;
authority of city manager as to markers,
etc., indicating specified course for turns
at intersections.[210]

Sec. 18-65. Right of way of United States forces, troops, national
guard, etc.[219]

Sec. 18-66. Conduct required of driver of vehicle upon approach
of emergency vehicle.[220]

Sec. 18-66.1. Emergency vehicles exempt from regulations in
certain emergencies; exceptions and additional
requirements.[221]

Sec. 18-72. Parking, etc., prohibited during designated hours
on signed streets.

Sec. 18-73. Parking on streets on which parking time limit
is designated by signs.

Sec. 18-74. Parking to be in accordance with signs, signals,
etc.

Sec. 18-75. Parking in front of fire hydrant, fire station, private
driveway or near intersection.[226]

Sec. 18-78. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

Sec. 18-78.1. Temporary parking prohibitions to expedite traffic,
aid snow removal, etc.

Sec. 18-79.1. Parking of inoperable vehicles on streets prohibited;
removal of same.[229]

Sec. 18-82. Time and manner of parking in metered parking
zone.

Sec. 18-83. Parking meter zones established; authority of
city manager to change.

Sec. 18-85. Designating parking meter spaces; manner of
parking in spaces.

Sec. 18-86. Deposit of coins; overtime parking; other provisions
as to parking not affected.

Sec. 18-91. Loading zones, bus stops, etc., in parking meter
zones.

Sec. 18-92. Use of meter space for making deliveries, receiving
passengers, etc.

Sec. 18-93. Division applicable only to parking between
certain hours.