19900410 1990-08ORDINANCE NO. 1990-8
AN ORDINANCE AMENDING SECTIONS 13-27.1
(d), 13-28, 13-32, 13,35, 13-37, 13-44,
13-46 and 13-48, ARTICLE II, DIVISION 1,
CHAPTER 13 OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, AND ADOPTING SECTIONS
13-44.1 THROUGH 13-44.5, ARTICLE II,
DIVISION 1, CHAPTER 13 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA CONCERNING
ABANDONED VEHICLES, REMOVAL OF CERTAIN
VEHICLES AND PARKING.
BE IT ORDAINED, by the City Council of the City of
irfax, Virginia that Sections 13-27.1 (d), 13-28, 13-32,
13-35, 13-37, 13-44, 13-46 and 13-48, Article II, Division
1, Chapter 13 of the Code of the City of Fairfax, Virginia
are hereby amended in their entirety as follows:
Sec. 13-27.1. Removal or immobilization of motor vehicles
aqainst which there are outstandinq parking
violations.
(d) The owner of such removed or immobilized motor
vehicle, or other duly authorized person, shall be permitted
to repossess or to secure the release of such vehicle by
payment of outstanding parking violation notices for which
the vehicle was removed or immobilized, all reasonable costs
incident to immobilization, removal and storage of the
vehicle, and all reasonable costs incident to efforts to
locate the owner of the vehicle. Should the owner fail or
refuse to pay such fines and costs, or should the identity
or whereabouts of the owner be unknown and unascertainable,
the motor vehicle may be sold in accordance with the
procedures set forth in Section 46.2-1213, Code of Virginia,
as amended.
Sec. 13-28. Definitions.
Commissioner: Commissioner of the Department of Motor
Vehicles of the Commonwealth.
Department: Department of Motor Vehicles of the
Commonwealth.
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Sec. 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 46.2-731, 46.2-739 or
46.2-1238, 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, decal or special parking
permit 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 handicapped shall be identified by
above-grade signs.
Sec. 13-35. Parking of commercial vehicles and certain
noncommercial vehicles in residential zones.
No person shall park any commercial bus, commercial
truck, commercial van or other commercial vehicle in any
residential zone, including, but not limited to, parking on
or alongside any road, street, highway or driveway or upon
any lot whether vacant or improved by structures; nor park
any noncommercial truck, van or other vehicle in any
residential zone on or alongside any road, highway, street
of driveway or upon any lot whether vacant or improved by
structures, unless such vehicle has a weight of less than
nine thousand (9,000) pounds, "weight" being defined as the
gross weight as registered with the division of motor
vehicles or similar agency of the state licensing such
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vehicles, or if such gross weight is not so registered, then
the gross weight as indicated by the manufacturer.s
specifications for such vehicle, if available, or if such
manufacturer's specifications are not available, then the
empty weight of the vehicle as registered with the division
of motor vehicles or similar agency of the state licensing
such vehicles; provided, however, that if such empty weight
exceeds the maximum weight permitted for any vehicle under
the provisions of this section, then the city shall be under
no obligation to inquire or to investigate as to the gross
weight as indicated by the manufacturer's specifications for
such vehicle.
For each dwelling unit on any given premises within a
residential zone, one commercial vehicle of a weight of less
than nine thousand (9,000) pounds or one noncommercial
vehicle of a weight of more than nine thousand (9,000)
pounds but less than fifteen thousand (15,000) pounds may be
parked on a driveway or other area provided for off-street
parking on such premises. School buses may be parked in
residential areas only during school hours and for a period
not to exceed two (2) hours.
The foregoing prohibition shall not be applicable to
commercial vehicles or trucks, vans or other vehicles
picking up or discharging passengers or merchandise or
present pursuant to the performance of work or service in
such residential area.
For the purpose of this section, the term "commercial
vehicle" shall mean any vehicle other than vehicles employed
solely for family, private or personal use and not
associated with any business, commercial or profit-making
iventure or activity and shall include heavy construction
equipment, cranes, well digging apparatus and other heavy
equipment. All other terms not expressly defined herein
shall be as defined in title 46.2 of the Code of Virginia,
as amended.
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Sec. 13-37. Parkinq of trailers, semitrailers or boats in
residential zones.
No person shall park a trailer, semitrailer or boat on
or alongside the roads, highways and streets in any area of
the city zoned residential use; provided, that a trailer,
semitrailer of a boat while on a trailer may be parked on
such street for the purpose of loading or unloading; pro-
vided further, that such trailer, semitrailer or boat while
on a trailer may be temporarily parked for necessary
repairs.
The parking of such vehicles on driveways or other off-
street parking provided on any given premises in such
residential zone shall be governed by section 13-38.
For the purposes of this section, the terms herein
shall be defined as in title 46.2 of the Code of Virginia.
Sec. 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 ten (10) days upon any public
property or privately-owned property within the city
without the permission of the property owner, lessee or
occupant thereof, or whenever any motor vehicle, trailer or
semitrailer 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 law enforcement officer to a storage garage
or area; pro-vided, 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
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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 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 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 know address
and to the holder of any lien of record in the office of the
department of motor vehicle in Virginia against the motor
vehicle, trailer or semitrailer, the vehicle shall be
treated as an abandoned vehicle according to the provisions
of section 13-44.1 et seq.
Sec. 13-46. Removal and disposition of vehicles parked on
private or city property without permission.
It shall be lawful for any owner, operator, lessee, or
authorized agent thereof of any parking lot or parking area
or space therein or part thereof, or of any other lot or
building, including the city, to have any motor vehicle or
other vehicle occupying such lot, area, space or building or
part thereof without the permission of such owner, operator,
lessee or authorized agent of the one having the control of
such premises removed by towing or otherwise, to a licensed
garage for storage until called for by the owner or his
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agent; provided, that notice of such action shall be first
or simultaneously therewith given a local law enforcement
officer; provided further, that in the event of such removal
and storage, the owner of the vehicle involved shall be
chargeable with, and such vehicle may be held for, a
reasonable charge for its removal and storage. All
businesses engaged in towing vehicles without the consent of
their owners shall prominently display at their main place
of business a comprehensive list of all their fees for
towing, recovery, and storage services, or the basis of such
charges. Charges in excess of those posted shall not be
collectable from any motor vehicle owner whose vehicle is
towed, recovered, or stored without his consent. If the
owner of the trespassing vehicle is present and removes the
trespassing vehicle from the premises before it is actually
towed, the trespassing vehicle shall not be towed, but the
owner of the trespassing vehicle shall be liable for a
reasonable fee, not to exceed twenty five dollars, in lieu
of towing. In lieu of having such vehicle removed by towing
or otherwise, it shall be lawful for such owner, operator,
lessee, or authorized agent to cause to have a duly
authorized law enforcement officer or parking enforcement
official issue, on such premises, a summons to the
registered owner of such vehicle. This section shall not
apply to police, fire or public health vehicles or when a
vehicle shall, because of a wreck or other emergency, be
parked or left temporarily upon the property of another.
Sec. 13-48. Leaving vehicles upon private property
prohibited; removal and disposition of
vehicles so left.
(a) It shall be unlawful for any person to leave any
motor vehicle, trailer, semitrailer or part thereof on the
private property of any other person without his consent.
Upon complaint of the owner of the property on which such
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motor vehicle, trailer, semitrailer or part thereof has been
abandoned for more that seventy-two (72) hours, such motor
vehicle, trailer, semitrailer or part thereof may be removed
by or under the direction of a law enforcement officer to a
storage garage or area. The owners of private property
which is normally open to the public for parking must post
or cause to be posted signs warning that vehicles left on
the property for more than seventy-two (72) hours will be
towed or removed at their owner's expense. The person at
whose request such motor vehicle, trailer, semitrailer or
part thereof is so removed shall indemnify the city against
any loss or expense incurred by reason of removal, storage
or sale thereof.
(b) In the case of the removal of a part of a motor
vehicle, trailer, semitrailer or a motor vehicle, trailer or
semitrailer from private property, when it cannot be readily
sold the motor vehicle, trailer, semitrailer or part may be
disposed of in such manner as the city council may provide.
(c) In all other respects, the provisions of sections
13-44 and 13-45 shall apply to such removals.
BE IT FURTHER ORDAINED, by the City Council of the City
of Fairfax, Virginia that new Sections 13-44.1 through
13-44.5, Article II, Division 1, Chapter 13 of the Code of
the City of Fairfax, Virginia are hereby adopted in their
entirety as follows:
Section 13-44.1.
Removal and Disposition of Certain
Abandoned Vehicles.
Any abandoned vehicle located in the city may be taken
into custody by or under the direction of a law enforcement
officer and removed to a storage garage or area. For the
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purpose of sections 13-44.1 through 13-44.5, an abandoned
motor vehicle shall be defined as a motor vehicle, trailer,
or semitrailer or part of a motor vehicle, trailer, or
semitrailer that:
(1) Is inoperable and is left unattended on public
property for more than forty-eight (48) hours, or
(2) Has remained illegally on public property for more
than forty-eight (48) hours, or
(3) Has remained for more than forty-eight (48) hours
on private property without the consent of the
property's owner, regardless of whether it was
brought onto the private property with the consent
of the owner or person in control of the private
property.
An inoperable abandoned motor vehicle shall mean an
abandoned motor vehicle which is inoperable and whose fair
market value, as determined by the Commissioner of Revenue
is less than the cost of its restoration to an operable
condition.
Section 13-44.2 Notice to owner of vehicle taken into
custody.
Each removal pursuant to Section 13-44.1 shall be
reported immediately to the chief of police who shall give
notice within fifteen (15) days, by registered or certified
mail, return receipt requested, to the owner of record of
the motor vehicle and all persons having security interests
in the vehicle of record that it has been removed and taken
into custody. The notice shall:
(1) State the year, make, model, and serial number of
the abandoned motor vehicle;
(2) Set forth the location of the facility where it is
being held; and
(3) Inform the owner and any persons having security
interests of their right to reclaim it within fifteen (15)
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days after the date of the notice after payment of all
towing, preservation, and storage charges resulting from
placing the vehicle in custody. The notice shall state that
the failure of the owner or persons having security
interests to reclaim the vehicle within the time provided
shall constitute 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.
If records of the Department contain no address for the
owner or no address of any person shown by the Department's
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 article as to any person who cannot
be notified pursuant to the foregoing provisions of this
section. Notice by publication may contain multiple
listings of abandoned motor vehicles. Any notice of this
kind shall be within the time requirements prescribed by
this section for notice by mail and shall have the same
contents required for a notice by mail.
The consequences 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.
Section 13-44.3 Sale of vehicle at public auction;
disposition of proceeds.
If an abandoned vehicle is not reclaimed as provided
for in Section 13-44.2, the City or its authorized agent
shall, notwithstanding the provisions of Section 46.2-617 of
the Code of Virginia, sell it at public auction. The
purchaser of the motor vehicle shall take title to the motor
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vehicle free of all liens and claims of ownership of others,
shall receive a sales receipt at the auction, and shall be
entitled to apply to and receive from the Department a
certificate of title and registration card for the vehicle.
The sales receipt from the sale shall be sufficient title
only for purposes of transferring the vehicle to a
demolisher for demolition, wrecking, or dismantling, and in
that case no further titling of the vehicle shall be
necessary. The city shall be reimbursed from the proceeds
of the sale of an abandoned motor vehicle 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 Section 13-44.1. 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 in the vehicle, as their interests may appear, for
ninety (90) days, and then be deposited into the city's
treasury.
Section 13-44.4 Vehicles abandoned in garages.
Notwithstanding the definitions set forth in Section
13-44.1, any motor vehicle, trailer, semitrailer, or part
thereof shall be considered abandoned and may be reported by
the garagekeeper to the chief of police if it has been left
in a garage for more than ten (10) days or for more than ten
(10) days beyond the period the vehicle was to remain on the
premises pursuant to a contract, after notice by registered
or certified mail, return receipt requested, to the owner or
record and all persons having security interests of record
therein, to reclaim the vehicle within fifteen (15) days of
the notice. Any abandoned motor vehicle left in a garage
may be taken into custody by or at the direction of a law
enforcement officer and shall be subject to the notice and
sale provisions contained in this Sections 13-44.1 through
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13-44.8 except that in addition to other charges required to
be paid when reclaiming a vehicle, the person reclaiming the
vehicle shall pay the reasonable charges of the garagekeeper
unless otherwise provided for by contract or ordinance. In
the event that the vehicle is sold, any garagekeeper's
charges 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 the
vehicle which resulted from placing the vehicle in custody
and all notice and publication costs.
For the purposes of this Section, "garage" means any
commercial parking place, motor vehicle storage facility, or
establishment for the servicing, repair, maintenance, or
sale of motor vehicles whether or not the vehicle had been
brought to that location with the consent of the owner or
person in control of the premises and "garagekeeper" means
the operator of a garage.
Section 13-44.5 Disposition of inoperable abandoned
vehicles.
Any inoperable motor vehicle, trailer, semitrailer, or
part of a motor vehicle, trailer, or semitrailer which has
been taken into custody pursuant to other provisions of this
article may be disposed of to a demolisher, without the
title and without the notification procedures, by the person
or the City on whose property or in whose possession the
motor vehicle, trailer, or semitrailer is found. The
demolisher, on taking custody of the inoperable abandoned
motor vehicle shall notify the Department on forms and in
the manner prescribed by the Commissioner. Notwithstanding
any other provision of law, no other report or notice shall
be required in this instance.
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This ordinance shall become effective as provided by
law.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
ATTEST:
March 27, 1990
April 10, 1990
April 10, 1990
~ ~ty Clerk
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CHANGES THAT NEED TO BE MADE WHEN SUPPLMENT WRITTEN
Sec. 13-27.1
State law reference- Local parking regulations, Code of Va.,
Sec ~ 46.2-1220.
Sec. 13-30. Parking prohibited in specified places.
State law reference- Parking in prohibited places, Code of
Va., Sec. ~ 46.2-1239.
Sec. 13-31. Parking on private property.
State law reference- Removal of certain trespassing
vehicles, Code of Va., Sec. ~ 46.2-1231.
Sec. 13-38. Stopping on streets or highways generally.
State law reference- Similar provisions, Code of Va. Sec
~ 46.2-888; 46.2-889; 46.2-890; 46.2-891.
Sec. 13-44.
State law references- Authority of city to adopt this
section, Code of Va. Section 4~--F 46.2-1213~._ ........ -"~--~ty to
........ *~ va cl~s ... th ...... t vf .......~v~ etc.,
Sec. 13-46.
State law reference- Similar provisions, Code of Va., Sec.
~ 46.2-1231.
Sec. 13-47.
Liability for damage to vehicles parked in
free parking lot.
State law reference- Similar provisions, Code of Va., Sec.
~ 46.2-1234.
Sec. 13-49.
Unlawful to keep inoperative motor vehicles;
removal and disposition.
State law reference- Provisions authorizing
adoption of similar section, Code of Va.,
Section 15.1-11.
Sec. 13-46
State law reference- Provisions authorizing adoption of
similar section, Code of Va., Section 4~=-l~-Z 46.2-1215.
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