20030408 2003-10ORDINANCE NO. 2003-10
AN ORDINANCE AMENDING ARTICLE IV, DIVISION 1, CHAPTER 98,
SECTION 98-164 OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, PERTAINING TO ENFORCEMENT OF ARTICLE; PAYMENT
TO CITY VIOLATIONS BUREAU FOR VIOLATIONS IN LIEU OF
OTHER PENALTIES; RESPONSIBILITY FOR VIOLATIONS.
BE IT ORDAINED, by the City Council of the City of Fairfax, that Division 1, Article
IV, Chapter 98, Section 98-164 of the Code of the City of Fairfax, Virginia, is hereby
amended to read in its entirety as follows:
ARTICLE IV. STOPPING, STANDING AND PARKING
Division 1. Generally
Sec. 98-164. Enforcement of article; payment to city violations bureau for violations in lieu
of other penalties; responsibility for violations.
(a) It shall be the duty of the police officers or parking enforcement officials to police all
parking meters to enforce this article and to maintain within the police department, in the city,
a written report of each violation of failure to comply with this article, stating:
(1) The ordinance or regulation alleged to have been violated, or the number of the parking
meter which indicates that the vehicle occupying the parking space adjacent to such parking
meter is or has been parked in violation of any provisions of this article or any other ordinance
of the city governing the standing or the parking of a vehicle.
(2) The state license number of such vehicle.
(3) The date and approximate time of such alleged violations.
(4) Any other facts, the knowledge of which is necessary to a thorough understanding of
the circumstances attending such violations.
(b) The police officers or parking enforcement officials making the above-mentioned
report shall also attach to such vehicle a notice of parking violation to the owner of such
vehicle informing him of the following provisions of law:
(1) Such vehicle has been parked in a manner that fails to comply with the provisions of
this article or any other ordinance provision of the city governing the standing or the parking
of a vehicle.
(2) The violator may pay the sum of $20.00 in the case of a parking meter violation or
$40.00 in the case of other violations, except for violations of section 98-145, in which case
the sum is $200.00; for violations of sections 98-149, in which case the sum is $50.00; for
violations of section 98-143(a) (4), section 98-143(a) (9) and 42-92 (Virginia Statewide Fire
Prevention Code F-313.6(1)), in which case the sum is $75; and for violations of subsection
98-207(a), in which case the sum is $40.00, to the city treasurer's office or the designated
local administrative official within ten days from the time of the alleged violation appearing
on such notice. However, in order to discharge a violation of section 98-149, in addition to the
payment of the sum set forth in this subsection, the violator shall present satisfactory evidence
that the license required by this article has been obtained.
(3) If the violator does not pay for or contest the violation as provided for on the notice of
parking violation within 30 days of the time of the alleged violation appearing on such notice
of parking violation, then a penalty of $25.00 shall be added to the sum owed to the city.
(4) If the violator pays such sum and any applicable penalty to the city treasurer's office or
the designated local administrative official, no action shall be taken to prosecute the violator
for the parking violation specified on such notice.
If the owner or operator of any vehicle parked in violation of or failing to comply with the
provisions of this article or any ordinance of the city governing the standing or parking of a
vehicle shall fail to pay the prescribed sum and any applicable penalty to the city treasurer's
office or the designated local administrative official within the time limit prescribed, a
complaint or summons shall be issued for the alleged violation after compliance with section
98-165.
(c) Regardless of the requirements set forth above in this section, if the police officers or
parking enforcement officials observe any violation of this article or any ordinance of the city
governing the standing or parking of a vehicle, then, after compliance with section 98-165,
they may issue or cause to be issued a summons for the alleged violation without first
attaching to the vehicle a notice of parking violation. Where a notice of parking violation is
not attached to the vehicle in violation, a penalty of $25.00 shall be added to the sum owed to
the city for all violations which are not promptly prepaid or contested 30 days after the date of
the notice required by section 98-165.
(d) In any prosecution charging a violation of any section of this article or any ordinance
of the city governing the standing or parking of a vehicle, proof that the vehicle described in
the complaint, summons, parking ticket citation, or warrant was parked in violation of such
section or ordinance, together with proof that the defendant was at the time the registered
owner of the vehicle, as required by Code of Virginia, § 46.2-600 et seq., shall constitute in
evidence a prima facie presumption that the registered owner of the vehicle was the person
who committed the violation.
(e) Code of Virginia, § 46.2-1225, shall apply to this article and to any other ordinance
provision of the city governing the standing or parking of a vehicle.
BE IT FURTHER ORDAINED that this ordinance shall become effective on July 1,
2003.
INTRODUCED: March 11, 2003
PUBLIC HEARING: March 25, 2003
ENACTED: April 8, 2003
ATTEST:
The vote on the motion to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilmember Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye