Article I. In General.
Sec. 18-1. Adoption of state law.
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
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
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.)
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.
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
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.
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.)
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.
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.)
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.
(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.
(c) Notice to owner of vehicle taken into custody.
(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
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
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.
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
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.
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
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.)
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.
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.)
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.)
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.)
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.
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.)
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.)
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.)
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.)
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.)
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.)
Sec. 18-12. Injuring, tampering or interfering generally with
vehicles.
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.
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
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.
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. 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.)
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.)
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.)
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.)
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.)
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
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
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.)
Sec. 18-19.1. Impeding traffic due to lack of snow tires or
chains.[177]
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.)
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
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.
(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 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.
(c) Notice to owner of vehicle taken into custody.
(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
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.
(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
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
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.)
Secs. 18-20 to 18-22.1. Repealed.
