Loading...
19800108 1980-1 ORDINANCE NO . ~ 980- ~__ AN ORDINANCE TO AMEND AND REENACT ARTICLE II OF CHAPTER 13 OF THE FAIRFAX CITY CODE BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Article II of Chapter 13 of the Code of the City of Fairfax be, and it hereby is, amended and re- enacted to read in its entirety as follows: Article II. Stopp_i~ ,g_~_S_t_a_n_d_i_n_~ and Parkin~ "Sec. 13-28. Definitions. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Operator. Every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner. Park or ar~_~n_~. The standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actually engaged in, receiv- ing or discharging passengers or loading or unloading mer- chandise or in obedience to traffic regulations, signs or signai~'~ or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. Parki_n_~ meter. Any mechanical device or meter not inconsistent with this article, placed or erected for the regulation of parking by authority of this article. Each parking meter installed shall indicate by proper legend the legal parking time established by the City for zoned a:'eas, and when operated shall at all times indicate the balance of legal parking time, and. the expiration of such period shall indicate illegal or overtime parking~ _P__a_r_k_i~n~q meter s~_~c_e_. A~]y space within a parking meter zone, adjacent to a parking meter and which is duly desig- nated for the parking of a single vehicle by lines painted 1980-1 -2- or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meter. Parking meter zone. Any restricted street, area, or lot upon which parking meters are installed and in opera- tion. Person. Such term shall include any individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner. Street. Any public street, avenue, road, boulevard, highway or other public place located in the City and estab- lished for the use of vehicles. Vehicle. Any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks." "Sec. 13-29. Authority__of Ci.t~f__M_a__n_a_~er to r~_gulate pa~r~kin___~. (a) The City Manager is hereby authorized to establish the following parking zones: (1) Ten minute street zones. (2) Twenty minute street zones. (3) Thirty minute street zones. (4) One hour street zones. (5) Two hour street zones. (6) All day off-street zones. (7) No parking zones. (8) Emergency no parking zones. (9) Taxicab and bus stop zones. (10) Handicapped parking zones. (b) The City Manager may provide appropriate street markings and erect signs or other marks to designate parking zones established by him pursuant to this section and to provide for the enforcement of this section." 1980-1 -3- "Sec. 13-30. Parkin~__prohibited in specified ~laces. (a) No. person shall park a vehicle, except when neces- sary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk. (2) In front of a public or private driveway. (3) Within an intersection. (4) Within fifteen feet of a fire hydrant. (5) On a crosswalk. (6) Within twenty feet of a crosswalk at an intersection; provided that where there is no crosswalk at an intersection, no person shall park a vehicle within twenty feet from the corner. (7) Within thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway. (8) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (9) Within fifteen feet of the driveway entrance to any fire station and on the side of a street oppo- site the entrance to any fire station within seventy- five feet of the entrance when properly signposted. (10) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic. (11) On the roadway side of any vehicle parked at the edge or curb of a street. (12) Upon any bridge or other elevated structure upon a street or highway or within a tunnel. 1980-1 -4- (13) At any place where official signs prohibit parking. (b) No person other than a police officer shall move a vehicle into any such prohibited area or away from a curb such distance as is unlawful, or start or cause to be started the motor of any motor vehicle, or shift, change or move the levers, brake, starting device, gears or other mechanism of a parked motor vehicle to a position other than that in which it was left by the owner or driver thereof, or attempt to do so." "Sec. 13-3_1_._ Parki_n_~_o_n__private p~_o_~e_~.t~% No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the owner of such lot or area. Whenever signs or markings have been erected on any lot or lot area, contiguous or adjacent to a street, thoroughfare or alley indicating that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into such lot or area for the purpose of standing or parking such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot area." "Sec. 13-32. Handic a~e_d_~. It shall be unlawful for any nonhandicapped operator of a motor vehicle to park in a parking space reserved and marked for the handicapped at privately owned shopping centers or business offices, or to park in a handicapped parking zone established by the City Manager. If any vehicle so parked is not properly marked with handicapped license plates or decals issued pursuant to Virginia Code Section 46.1-104.1 or pursuant to any similar law of the State in which it is registered, the same shall be deemed to 1980-1 -5- be prima facie evidence of a violation of this section. A summons for this offense may be issued by a member of the City of Fairfax Police Department without the necessity of a warrant being obtained by the owner of such shopping center or business office." "Sec. 13-33. Parkin~g' for certain_~Lu__~oses prohibited. 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. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley or parkway of the City indicating that such vehicle is offered for sale or for rent. It shall also be unlawful to park any vehicle from which any merchandise is being sold upon any street in a business district. It shall be unlawful to stop a vehicle at any time upon a street or highway 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." "Sec. 13-~3~4. _Parki.n_~ on streets mor~ ..t.h.a.n seventy_~t_w_o_ hours prohibited. No person shall park a vehicle on any roadway for more than seventy-two consecutive hours. In addition to any other penalty imposed for the violation of this section, any person violating this section shall be liable for reasonable towing and storage charges expended on his behalf for removal of any vehicle parked on a roadway for more than seventy-two hours. 1980-1 -6- "Sec. 13-35~ Pa_____r_~i_n_~_of commercial vehicles and certain non-commercial vehicles in residential zones. No person shall park any commercial bus or school bus, commercial truck, commercial van or other commercial vehicle on or alongside the roads, highways, streets and driveways in any area of the City zoned for residential use; nor park any non-commercial truck, van or other vehicle, on or along- side the roads, highways, streets and driveways zoned for residential use in the City if such vehicle has a weight of more than 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 vehicle; 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 specifi- cations 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 vehicle; provided however, that if such empty weight exceeds the maximum weight permitted for any vehicle under the pro- visions of this ordinance, 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. Provided, however, that for each dwelling unit on any given premises, one commercial vehicle only, of a weight of less than 9,000 pounds may be parked on a drive- way or other area provided for off-street parking on such premises in such residential area; and, provided further, that for each dwelling unit on any given premises, one non-commercial vehicle only, of a weight of more than 9,000 pounds and less than 15,000 pounds may be parked on a drive- way or other area provided for off-street parking on such 1980-1 -7- premises in such residential area; and, provided further, that during school hours school buses may be parked in such residential area by their drivers for a continuous 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 temporarily parked for necessary repairs or 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 associ- ated with any business, commercial or profit-making venture 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 46.1 of the 1950 Code of Virginia, as amended." "Sec. 13-36. Presumption as to owner__o~f~il_l_e~l_~ parked vehicle. In any prosecution charging a violation of any ord- inance of the city governing the standing or parking of a vehicle, proof that the particular vehicle involved in such stated offense was parked in violation of such ordinance, together with proof that the defendant named in the summons or warrant was, at the time of such standing or parking, the registered owner of such vehicle, shall constitute, in evidence, a prima facie presumption that such registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. 1980-1 -8- "Sec. 13-37. Parkin~ of trailers, semi-trailers or boats in residential zones. No person shall park a trailer, semi-trailer or boat on or alongside the roads, highways and streets in any area of the City zoned residential use; provided that a trailer, semi-trailer or a boat while on a trailer may be parked on such street for the purpose of loading or unloading; provided further, that such trailer, semi-trailer 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 of the City Code, as amended. For the purposes of this Section, the terms herein shall be defined as in Title 46.1 of the 1950 Code of Virginia, as amended." "Sec. 13-38. Sto i~n streets or h.i_~_h_w_a~s_._~[e_nerally_i No vehicle shall be stopped in such a manner as to impede or render dangerous the use of a street or highway 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 road- way 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 or highway, outside of the business or residence district, when it is practicable to leave such vehicle 1980-1 -9- standing off the paved, improved or main traveled portion of such highway. Except upon one-way streets and upon streets or portions of streets where angle parking is permitted and except when actually loading or unloading merchandise, 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 curb-side wheels farther than twelve inches from the curb. No vehicle shall be stopped at or in the vicinity of a fire, vehicle or airplane accident or other area of emergency, in such a manner as to create a traffic hazard or interfere with the necessary procedures of police, firemen, rescue workers or others whose duty it is to deal with such emergencies. Any vehicle found unattended in the vicinity of such fire, accident or area of emergency may be removed by order of a police officer at the risk and expense, not to exceed twenty- five dollars, of the owner if such vehicle creates a traffic hazard or interferes with the necessary procedures of police, firemen, rescue workers or others whose assigned duty it is to deal with such emergencies. Vehicles being used for the gathering of news for dissemination to the public shall be exempt from the provisions of this Section, except when actually obstructing the police, firemen and rescue workers dealing with such emergencies. 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 con- struction, reconstruction or maintenance of streets or highways". "Sec. 13-39. Ba_ckin~q~u~ to curbs. No vehicle shall be backed up to a curb, except during the time actually engaged in loading or unloading merchan- dise therefrom." 1980-1 -10- "Sec. 13-40._ A__n_~~ Notwithstanding any of the provisions of this Chapter, the City Manager may, when in his discretion the public interest so requires, provide for angle parking on any street or portion thereof; provided, that such streets shall be marked so as to apprise an ordinarily observant person of the regulation." "Sec. 13-41. Park_i_n_~ vehicles without State license ~_l.a__t_e_~s _on_ highwa~fs.. It shall be unlawful to park any vehicle having no current State license plates on any street or highway within the city." "Sec. 13-42. Manner..o.f~._u_s_i_n_~ loadi~n~ zones. Where a loading and unloading zone has been set apart by the City Manager in accordance with applicable provisions of this Chapter, the following regulations shall apply with respect to the use of such areas: (a) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a curb loading zone during hours when the provisions applicable to such zones are in effect. (b) The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers or bundles when such stopping does not interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space." "Sec. 13-43. Ma~n~e.r~._qf__usi~ bus stops and taxicab stands. Where a bus stop or taxicab stand has been set apart by the City Manager in accordance with the applicable provisions of this Chapter, the following regulations shall apply as to the use thereof: 1980-1 -11- No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately signed, except, that the driver of a passenger vehicle may temporarily stop therein for the purpose of, and while actually engaged in, the expeditious loading or unloading of passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone." "Sec. 13-44. Removal disposition of certain unattended vehicles; sale; disposition of proceeds. Whenever any motor vehicle, trailer or semi-trailer 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 semi-trailer is left unattended for more than five days upon any privately owned property other than the property of the owner of such motor vehicle, trailer or semi-trailer, 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 semi-trailer 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 semi-trailer 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 1980-1 -12- vehicle, trailer, or semi-trailer as promptly as possible. The owner, before obtaining possession of the motor vehicle, trailer or semi-trailer shall pay to the City all reasonable costs incidental to the removal, storage and locating the owner of the motor vehicle, trailer or semi-trailer. Should the owner fail or refuse to pay the costs or should the identity or whereabouts of the owner be unknown and unas- certainable 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 Vheicles against the motor vehicle, trailer or semi-trailer, the Chief of Police may, after holding the motor vehicle, trailer or semi-trailer ninety (90) days and after due notice of sale dispose of the same at public auction and the proceeds from the sale shall be forwarded by the Chief of Police to the City Treasurer. 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 a period of ninety (90) days for the owner and paid to the owner upon satisfactory proof of owne rsh ip. If no claim has been made by the owner for the afore- said proceeds within ninety (90) days following such sale, then, after the payment of the above-mentioned 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 (3) years from the date of such sale and upon satis- factory 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 (3) years from the date of such sale." 1980-1 -13- "Sec. 13-45. Contracts with private persons for removal, etc., of vehicles under preceding section. The City Manager shall have the power to enter into contracts with the owner or operator of garages or places for the removal or storage of vehicles referred to in the preceding Section. The contracts shall provide for the payment by the City of reasonable charges for the removal and storage of such vehicles, shall require such owners or operators to deliver such vehicles to the owners thereof or their agents upon demand therefor upon furnishing satis- factory evidence of identity and ownership or agency, and that the owners or operators of such garages or places of storage will indemnify the owners of such vehicles for injury or damage thereto resulting from the negligent re- moval or storage thereof, and such owners or operators shall be required to provide themselves with adequate liability insurance to cover such indemnity." "Sec. 13-46. Removal and d~isposition of vehicles parked on ~r_ivate or City~r_operty 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 agent; provided, that notice of such action shall be first or simultaneously therewith given to at least one of the local law enforcement officers; provided further, that in 1980-1 -14- 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. 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 autho- rized law enforcement officer 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. 13-47.__Li~r__d_am__a_ge to vehicles parked in free ~arkin~ lot. No action shall lie or proceeding be brought against any person conducting any business and maintaining a parking lot, at which free parking accommodations are provided for customers or employees of such business, when a motor vehicle is parked in such parking lot, for the total or partial loss of such motor vehicle by reason of theft or damage by any person other than an employee of such business or for the total or partial loss of property left in such motor vehicle by reason of theft or damage by any person other than such emp 1 oyee. As used in this section, 'free parking accommodations' means parking accommodations for which no specific charge is made and the patronage of the business by customers and the performance of the regular services for the business by employees shall not constitute the payment of any conside- ration for the use of the parking accommodations. Nothing in this Section shall relieve any person of liability from his own wrongdoing. 19 80-1 -15- "Sec. 13-48. Leav_i_n_~[ vehicles~ _up_o~ni privat_e r~rt~ prohibited; removal and disposition of vehicles so left. It shall be unlawful for any person to leave any motor vehicle, trailer, semi-trailer or part thereof on the private property of any other person without his consent. Upon com- plaint by the owner of the property on which such motor vehicle, trailer, semi-trailer or part thereof has been abandoned for more than five (5) days, such motor vehicle, trailer, semi-trailer or part thereof may be removed by or under the direction of a police officer to a storage garage or area. The person at whose request such motor vehicle, trailer, semi-trailer or part thereof is so removed shall indemnify the City against any loss or expense incurred by reason of removal, storage or sale thereof. In all other respects, the provisions of Section 13-46 shall apply to such removals. In the case of the removal of a part of a motor vehicle, trailer or semi-trailer from private property, when such part cannot readily be sold it may be disposed of in such manner as the City Council may provide." "Sec. 13-49. Reserved for future use. "Sec. 13-50. Auth~ of Cit~ Manaqer-installation and maintenance of meters; re.~ulation of metered a rk~_~~e ne r a 11 ~;__~o_s t__i_n_~_o_f_. ~_s_i_g.n~s~,~ ~e~t~...,..r,e~. ~u.i r. ed. (a) The City Manager is hereby authorized and directed to establish metered parking zones; to locate, install, maintain and operate parking meters purchased or provided by the City Council in such parking zones; to classify vehicles with reference to parking; to designate the place and manner in which vehicles may be parked in metered parking spaces; to make such other rules and regulations relating to parking in metered zones as traffic conditions may require in various areas and under the varying conditions which may prevail at different times. 1980-1 -16- (b) It shall be the duty of the City Manager, upon the promulgation of such regulations and before they shall become effective, to give public notice thereof by estab- lishing and posting signs, or otherwise, as may be reason- ably adequate to make clear to the operators of vehicles in the areas affected thereby of the existence, nature and requirements of such regulations. From and after the effec- tive date of regulations imposed in any area by virtue of the provisions of this Section, it shall be unlawful for any person to stop or park any vehicle in such area otherwise than in accordance with such regulations. (c) Parking of motor vehicles upon the public streets and upon parking areas owned or leased by the City and upon parking lots open to the public shall be governed by the rules and regulations promulgated under the terms of this Section." "Sec. 13-51. Char_~es for metered Ra_r_k_i_n_~._ The charges for metered parking within the City shall be paid by deposit of nickels, dimes or quar'~ers of United States coins in the appropriate parking meter as described in Section 13-53. The amount of the charges for metered parking in the City shall be established by regulation promulgated by the City Manager. The duties set forth in Section 13-50(b) shall apply to any regulations established pursuant to this section." "Sec. 13-52. Hours of operation of meter~.~ Parking meters shall be enforced every day between the hours of 8:00 o'clock, a.m. and 6:00 o'clock, p.m., except Sundays and holidays observed by the City of Fairfax." "Sec. 13-53. Deposit of coins and o]oeration of meter. Except in a period of emergency determined by an officer of the fire or police department or in compliance with the 1980-1 -17- directions of a police officer or traffic control sign or signal, when any vehicle shall be parked in any parking space alongside or next to which a parking meter is located, the operator of such vehicle shall, upon entering the park- ing meter space, during the hours of operation of the meter, immediately deposit or cause to be deposited in such meter such proper coin of the United States as is required for such parking meter and as is designated by proper directions of the meter, and when required by the directions of the meter, the operator of such vehicle, after the deposit of the proper coin or coins, shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon, and failure to deposit such proper coin or to set the timing mechanism in operation when so required, shall constitute a violation of this article. Upon the deposit of such coin and the setting of the timing mechanism in operation when so required, the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the parking space; provided, that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of such space does not exceed the indicated unused parking time. If such vehicle shall remain parked in any such parking space beyond the parking time limit set for such parking space, and if the meter shall indicate such illegal parking, then, such vehicle shall be considered as parking overtime and beyond the period of legal parking time and such parking shall be deemed a violation of this article." "Sec. 13-54. p~ vehicle to be ille~qall~y parked; unlawful extension of P_9_~ time. 1980-1 -18- No person shall cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking meter zone. No person shall permit any vehicle to remain or to be placed in any parking space adjacent to any parking meter while such meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space. "Sec. 13-55. Parkin~ within marked s~paces. No person shall park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings." "Sec. 13-56. Defacin ,_~q~_~u_~r_i~ng_, etq~, meters or si~[n_s_._ No person shall deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter or sign installed under the provisions of this article." "Sec. 13-57. Use of ~s_l~s et~rohibited. No person shall deposit or cause to be deposited in any parking meter any slug, device or metal substance or other substitute for lawful coins." "Sec. 13-58. Collection and deposit of funds from meters. It shall be the duty of the Chief of Police to designate some member of the police department to make regular collec- tions of the money deposited in parking meters located within the City. It shall be the duty of such person so designated to remove from the parking meters the coins deposited in such meters and to deliver such coins to the City Treasurer, and deposit such funds with the City Treasurer." 1980-1 -19- "Sec. 13-59. Enforcement of Article; ~.a_yment to ~C_i_t~ Violations Bureau for violations in lieu of other penalties; res~onsibilit~ for violations. (a) It shall be the duty of the police officers of the City 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 or 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 of the provisions of this article. (2) The state license number of such vehicle. (3) The date and approximate time of such alleged violation. (4) Any other facts, whose knowledge is necessary to a thorough understanding of the circumstances attending such violation. (b) The police officer making the above mentioned report shall also attach to such vehicle a notice to the owner thereof that: (i) Such vehicle has been parked in a manner that fails to comply with the provisions of this article. (ii) He may pay the sum of five dollars in the case of a parking meter violation or ten dollars in the case of other violations 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 ho 1 idays. (iii) If he pays such sum to the City Violations Bureau, no action shall be taken to prosecute him for the excessive or improper parking specified on such notice. 1980-1 -20- (iv) Otherwise he will be in violation of this article and a summons or warrant will be issued in due course subjecting him to the penalties provided in Section 13-61. Such notice shall also notify the owner that if he wishes to contest the violation for which the citation was issued, he may do so by signing a certification, on an appropriate form available at the City Clerk of Court's Office, whereupon a date will be set for trial on the viola- tion in the General District Court for the City of Fairfax, Virginia. The report and notice above provided shall bear corresponding serial numbers and all blank reports issued hereunder shall be accounted for by the respective police officers. If the owner or operator of any vehicle parked in violation of or failing to comply with the provisions of this article shall, pursuant to such notice, pay the pre- scribed sum to the City Violations Bureau, no action shall be taken to presecute the owner or operator of such vehicle for such violation or noncompliance. If the owner or operator of any vehicle parked in violation of or failing to comply with the provisions of this article shall fail to pay the prescribed sum to the City Violations Bureau within the time limit prescribed, then the Police Department shall cause a complaint, summons or warrant to be issued for the alleged violation after compliance with Section 13-60 of this Code. This Section is intended to provide an aid to the strict enforcement of this Article without imposing an undue burden upon offenders, and shall be construed as a method of enforcement in addition to and independent of the other methods provided by law and this article. (c) In any prosecution charging a violation of any ordinance of the City governing the standing or parking of a 1980-1 -21- vehicle, proof that the particular vehicle involved in such stated offense was parked in violation of such ordinance, together with proof that the defendant named in the summons or warrant was, at the time of such standing or parking, the registered owner of such vehicle, shall constitute, in evidence, a prima facie presumption that such registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred." "Sec. 13-60. Conditions precedent to issuance of warrants for violation~ parking ordinances. Before any summons or warrant shall be issued for the prosecution of a violation of this Article, the accused violator shall have been first notified by mail at his last known address or at the address shown for such violator on the records of the Division of Motor Vehicles, that he may pay the fine, provided by law for such violation, within five (5) days of receipt of such notice, and the officer issuing such warrant shall be notified that the violator has failed to pay such fine within such time. The notice to the violator, required by the provisions of this Section, shall be con- tained in an envelope bearing the words 'Law Enforcement Notice' stamped or printed on the face thereof in type at least one-half inch in height." "Sec. 13-61. Penalty~_f_o_r 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 five dollars nor more than one hundred dollars. 1980-1 -22- This ordinance shall take effect immediately upon its adoption. Introduced: Adopted-. December 4, 1979 January 8, 1980 MAYOR ATTEST: