19881129 1988-25ORDINANCE NO. ]988-25
AN ORDINANCE REPEALING SECTION 13-34,
REPEALING AND REENACTING SECTION 13-32,
AMENDING SECTIONS 13-30 (4), 13-44,
13-59 (B)(2) AND 13-61 OF ARTICLE II,
ADDING A NEW SECTION 13-37.1 TO ARTICLE II,
AMENDING SECTION 13-69 OF ARTICLE III,
REPEALING AND REENACTING SECTION 13-102,
ARTICLE V, CHAPTER 13 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, CONCERNING
PARKING ON ROADWAYS, HANDICAPPED PARKING,
PARKING NEAR FIRE HYDRANTS, PARKING WITHOUT
PROPER DISPLAY OF CITY STICKER, REMOVAL AND
DISPOSAL OF UNATTENDED VEHICLES, PREPAYMENT
OF FINES, AND PENALTIES FOR VIOLATIONS OF
PARKING ORDINANCES.
BE IT ORDAINED by the City Council of the city of Fairfax,
Virginia, that Section 13-34, Article II, Chapter 13 of the
Code of the City of Fairfax is hereby repealed.
BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 13-32, Article II, Chapter 13
of the Code of the City of Fairfax is hereby repealed and
reenacted to read in its entirety as follows:
Section 13-32. Handicapped Parking.
It shall be unlawful for the operator of a motor vehicle
not displaying a license plate, decal or special parking
permit, issued under Sections 46.1-104.1, 46.1-149.1 or 46.1-
254.2, of the Code of Virginia or under a similar state law in
the state where the vehicle is duly registered, to be parked in
a parking space reserved for the handicapped on public property
or at privately owned parking areas open to the public. If a
vehicle so parked is not properly marked with handicapped
license plates or decals issued pursuant to the provisions of
the Code of Virginia or a similar law of the state in which the
vehicle is registered, the same shall be deemed to be prima
facie evidence of a violation of this section. A summons for
this offense may be issued by a member of the City police
department without the necessity of a warrant being obtained by
the owner of such private parking area.
Spaces reserved for the handicapped shall be identified by
above-grade signs.
1988-25
BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia, that the existing Sections 13-30 (4), 13-44,
13-59 (b) (2) and 13-61, Article II, and Section 13-69 of
Article III, and Section 13-102 of Article V, Chapter 13 of the
Code of the City of Fairfax, Virginia, be and hereby are
amended to read in their entirety as follows:
Section 13-30. Parking Prohibited in Specific Places.
(4) Within fifteen feet of a fire hydrant
located on public or privately owned property;
Section 13-44. Removal and disposition of certain unattended
vehicles; sale; disposition of proceeds.
Whenever any motor vehicle, trailer or semitrailer is
found on the public streets or public grounds unattended by the
owner or operator and constitutes a hazard to traffic or is
parked in such manner as to be in violation of law, or whenever
any motor vehicle, trailer or semitrailer is left unattended
for more than ~e ten days upon any public property or
privately owned property other than the property of the owner
of such motor vehicle, trailer or semitrailer, within the city
or is abandoned upon such public property or privately owned
property without the permission of the owner, lessee or
occupant thereof, or whenever any motor vehicle, trailer or
s~mitrailer is stalled or rendered immobile as the result of
adverse weather conditions or other emergency situations on any
public roadway, 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. For the
purposes of this section, a motor vehicle, trailer or
1988-25 -3
semitrailer is presumed abandoned if (1) it lacks either:(a) a
current license plate, or (b) a current county, city or town
sticker, or (c) a valid state inspection certificate or
sticker, and (2) it has been in a specific location for at
least four days (96 hours) without beinq moved.
Each removal pursuant to this section 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 or
other parties entitled thereto, 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 identify 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 ~~e~ department of motor vehicles in Virginia
against the motor vehicle, trailer or semitrailer, the chief of
police may after holding the motor vehicle, trailer or
semitrailer m~me~y thirty days and after due notice of sale
dispose of the same at public &~e~e~ sale and the proceeds
from the sale shall be forwarded by the chief of police to the
city treasurer. In the event that the value of such motor
vehicle, trailer or semitrailer is determined to be less than
one hundred fifty dollars by three disinterested dealers or
qaragemen, then it may be disposed of by private sale or
junked.
The city treasurer shall pay from the proceeds of sale the
cost of removal, storage, investigation as to ownership and
liens and notice of sale, and the balance of such funds shall
be held by him for ~-pe~e~-~-m~e%~-~&~s the owner and paid
to the owner upon satisfactory proof of ownership.
1988-25 -4
If no claim has been made by the owner for the aforesaid
proceeds w~m-~me~-~s following such sale, then, after
the payment of the aforementioned costs, the funds may be
deposited to the general 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 upon satisfactory proof of ownership
the city shall pay the remaining proceeds 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 form the date of such sale.
Section 13-59.
Enforcement of article; payment to City
violations bureau for violations in lieu of
other penalties; responsibility for
violations.
(b)(2) He may pay the sum of ~e ten dollars in
the case of a parking meter violation or ~e~ twenty-
five dollars in the case of other violations, except
for violations of Section 13-32, in which case the
sum is fifty dollars, and for violations of Section
13-37.1 in which case the sum is twenty dollars, to
the city violations bureau within ten days from the
time of the alleged violation appearing on such
notice, exclusive of Saturdays, Sundays and national
holidays.
Section 13-61. Penalty for Violations of Article
Any person who shall violate any of the provisions of
this article and any person who shall aid, abet or assist
in the violation of any of the provisions of this article
shall, where no specific penalty is provided, be
punishable by a fine of not less than ~e ten dollars nor
more than one hundred dollars.
BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia, that a new section 13-37.1, Article II,
Chapter 13 of the Code of the City of Fairfax is hereby adopted
to read in its entirety as follows:
1988-25
-5
Section 13-37.1. Parking vehicles on streets without proper
display of city sticker.
Vehicles subject to the provisions of Article III of this
Chapter must display a valid city license sticker when parked
on city streets. Violations of this section shall be
punishable by a fine of twenty dollars.
BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 13-69, Article III, Chapter 13
of the Code of the City of Fairfax is amended to read in its
entirety as follows:
Section 13-69. Failure to license vehicle or display sticker.
No person owning or operating a vehicle subject to this
article shall fail to license the same or to display the
sticker as required. Violations of this section shall be
punishable by a fine of twenty dollars.
BE IT FURTHER ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 13-102, Article V, Chapter 13
of the Code of the City of Fairfax is hereby repealed and
reenacted to read in its entirety as follows:
Section 13-102. Penalties
Each violation of any provision of this article shall be
punishable by a fine not to exceed twenty-five dollars in
addition to any removal, storage or disposal charges.
This ordinance shall be effective on January 1, 1989.
INTRODUCED:
ADOPTED :
November l, 1988
November 29, 1988
ATTEST:
~ ~ity Clerk
MAYOR