19811027 1981-20ORDINANCE NO. 1981-20
AN ORDINANCE AMENDING CHAPTER 13
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
TO ADD A NEW ARTICLE IV
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 13 of the Code of the City of Fairfax,
Virginia, be and the same is hereby amended by adding a new
Article IV to read in its entirety as follows:
"Article IV. Snow Emergencies
Sec. 13-72. Definitions.
For the purpose of this article the following
definitions shall apply:
(a) The Manager. The City Manager for the City
of Fairfax, or in his absence, his duly designated and
acting representative.
(b} Street or highway. The entire width between
the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public
for purposes of vehicular travel.
(c) Roadway. That portion of a street or highway
improved, designed, or ordinarily used for vehicular
travel, exclusive of the berm or shoulder.
(d~ Snow emergency route. Those streets marked
as such in accordance with the provisions of this
ordinance.
(el Local streets. Ail streets designated as
other than arterial and collector streets on the
Master Plan of the City of Fairfax, Virginia.
(£) Snow tires. Any tires mounted on drive
wheels of motor vehicles which are especially designed
to give effective traction on snow, mud, or ice
covered streets by means of radial tire construction
or extra heavy duty treads with special high-traction
patterns, except that no tire so defined shall be
construed to be a snow tire if it is damaged or worn
to the extent that its performance would be substan-
tially impaired.
(g) Tire chains. Any metal chains mounted on
drive wheel tires of motor vehicles which cross the
tread of each tire laterally in at least three
different places.
Sec, 13-73. Parking on Snow Emergency Routes.
(a} Whenever the Manager finds, on the basis of
falling snow, sleet, or freezing rain, or on the basis
of a forecast by the U. S. Weather Service or other
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weather service of snow, sleet, or freezing rain, that
weather conditions will make it necessary that motor
vehicle traffic be expedited and that parking on City
streets be prohibited or restricted for snow plowing
and other purposes, the Manager shall put into effect
a parking prohibition on parts of or all Snow 5~ergency
Routes as necessary by declaring it in a manner pre-
scribed by this ordinance.
(b) Notwithstanding the provisions of subsection
(a) hereof, a parking prohibition shall automatically
go into effect on any part of any Snow Emergency Route
on which there has been an accumulation of snow and ice
of three inches or more for one hour or more.
(c) Once in effect, a prohibition under this
section shall remain in effect until terminated by an
announcement of the Manager in accordance with this
ordinance, except that any street area which has become
substantially clear of snow and ice from curb to curb
for the length of the entire block shall be automati-
cally excluded therefrom. While the prohibition is
in effect, no person shall park or allow to remain
parked any vehicle on any portion of a Snow Emergency
Route to which it applies. However, nothing in this
section shall be construed to permit parking at any
time or place where it is forbidden by any other pro-
vision of law.
Sec. 13-74. Parking on Local Streets.
(a) Whenever the Manager finds, on the basis of
falling snow, sleet, freezing rain, or on the basis of
a forecast by the U. S. Weather Service or other weather
service of snow, sleet, or freezing rain, that weather
conditions will make it necessary that motor vehicle
traffic be expedited and that parking on City streets
be prohibited or restricted for snow plowing, and other
purposes, the Manager may put into effect a parking
prohibition on parts of or all local streets as neces-
sary by declaring it in a manner prescribed by this
ordinance. The prohibition shall remain in effect
until terminated by announcement of the Manager in
accordance with this ordinance, except that any street
area which has become substantially clear of snow and
ice from curb to median line for the length of the
entire block shall be automatically excluded therefrom.
(b~ While the prohibition is in effect, no person
shall park or allow to remain parked any vehicle on
any street to which it applies.
(¢) However, nothing in this section shall be
construed to permit parking at any time or place where
it is forbidden by any provision of law.
Sec. 13-75. Condition of Motor Vehicle Operated on Snow
Emer~enc~ Routes.
No person operating a motor vehicle on a Snow Emergency
Route on which there is a covering of snow, sleet, or ice
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shall allow such vehicle to become stalled wholly or partly
because the drive wheels thereof are not equipped with
effective tire chains or snow tires.
Sec. 13-76. Stalled Vehicles on Snow Emergency Route.
Whenever a vehicle becomes stalled for any reason,
whether or not in violation of this ordinance, on any part
of a Snow Emergency Route on which there is a covering of
snow, sleet, or ice or on which there is a parking prohibi-
tion in effect, the person operating such vehicle shall
take immediate action to have the vehicle towed or pushed
off the roadway of such Snow Emergency Route, either into
the first cross street which is not a Snow Emergency Route,
or onto the public space portion of a nearby driveway. No
person shall abandon or leave his vehicle in the roadway
of a Snow Emergency Route, except for the purpose of secur-
ing assistance during the actual time necessary to go to a
nearby garage, gasoline station, or other place of assistance
and return without delay.
Sec. 13-77. Declarations of the Manager
(a) The Manager shall cause each declaration made
by him pursuant to this ordinance to be publicly
announced by means of broadcasts from stations with a
normal operating range covering the City, and he may
cause such declaration to be further announced in
newspapers of general circulation when feasible. Each
announcement shall describe the action taken by the
Manager, including the time it became or will become
effective, and shall specify the streets or areas
affected. A parking prohibition declared by the
Manager shall go into effect one hour after it has been
announced at least two times between 8:00 a.m. and
3:00 p.m. in accordance with this section.
(b) The Manager shall make or cause to be made
a record of each time and date when any declaration is
announced to the public in accordance with this section.
Sec. 13-78. Termination of Parking Prohibition.
Whenever the Manager shall find that some or all of the
conditions which give rise to a parking prohibition in effect
pursuant to this ordinance no longer exist, he may declare
the prohibition terminated, in whole or in part, in a manner
prescribed by this ordinance effective immediately upon
announcement.
Sec. 13-79. Signs to Mark Snow Emergency Routes.
On each street designated by this ordinance as Snow
Emergency Route, the Manager shall post special signs at
intervals not exceeding 1500 feet with the wording "Snow
Emergency Route. No Parking or Impeding Traffic Flow During
Emergency. Towing Enforced." These signs shall be distinc-
tive and uniform in appearance and shall be plainly readable
to persons traveling on the street or highway.
Sec. 13-80. Snow Emergency Routes Designated.
The following streets or portions of streets within the
City are hereby designated as Snow Emergency Routes:
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U.S. Route 29-50
State Route 123
State Route 236
State Route 237
Pickett Road
Jermantown Road
Sec. 13-81. Removal, Impounding, and Return of Vehicles.
(a) Members of the Police Department are hereby
authorized to remove or have removed a vehicle from a
street to the nearest public parking lot or other place
of safety, or to an area designated or maintained by
the Police Department, or otherwise maintained by this
City, when:
(1) The vehicle is parked on a part of a
Snow Emergency Route on which a parking prohibition
is in effect.
(2) The vehicle is stalled on a part of a
Snow Emergency Route on which there is a covering
of snow, sleet, or ice or on which there is a
parking prohibition in effect and the person who
was operating such vehicle does not appear to be
removing it in accordance with the provision of
this ordinance.
(3) The vehicle is parked in violation of
any parking ordinance or provision of law and is
interfering or about to interfere with snow removal
operations.
Such removal, impounding and returning of vehicles will
be carried out in accordance with Section 12-44 of the
Code of the City of Fairfax, as amended.
Sec. 13-82. Citation on Vehicle Parked or Left in Violation
of Ordinance.
Whenever any motor vehicle without a driver is found
parked or left in violation of any provision of this ordinance,
and is not removed and impounded as provided for in this
ordinance, the officer finding such vehicle shall take its
registration number and any other information displayed on
the vehicle which may identify its user, and shall conspicu-
ously affix to such vehicle a traffic citation, on a form
provided by the Chief of Police, for the driver to answer
to the charge against him within fourteen days during the
hours and at a place specified in the citation.
Sec. 13-83. Failure to Comply With Traffic Citation
Attached to Vehicle.
If a violator of this ordinance does not appear in
response to a traffic citation affixed to such motor vehicle
in accordance with this ordinance within a period of four-
teen (14) days, the Chief of Police shall send the owner of
the motor vehicle to which the traffic citation was affixed
a letter informing him of the violation and warning him
that in the event such letter is disregarded for a period of
seven (7) days, a warrant of arrest will be issued.
Sec. 13-84. Evidence with Respect to Vehicles Parked or
Left in Violation of Ordinance.
In any prosecution with regard to a vehicle parked or
left in a place or in a condition in violation of any
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provision of this ordinance, proof that the particular
vehicle described in the complaint was parked or left in
violation of a provision of this ordinance, together with
proof that the defendant named in the complaint was at the
time registered owner of such vehicle, shall constitute
prima facie evidence that the defendant was the person who
parked or left the vehicle in violation of this ordinance.
Sec. 13-85. Snow Removal Operations.
The City Manager is authorized to prepare an Adminis-
trative Regulation covering Snow Removal Operations by the
Department of Public Works. Such regulation will specify,
at a minimum, streets and highways to be snow plowed and/or
chemically treated; their priority in being cleared of snow,
sleet and ice; the basis for plowing and/or chemically treat-
ing streets and highways.; and, the recall procedure for
employees in the Department of Public Works.
Sec. 13-86. Penalties.
Every person, firm or company violating any provision
of this ordinance shall be guilty of a Class 4 misdemeanor
and a fine not to exceed twenty-five dollars.
Sec. 13-87. Separability.
If any section, subsection, sentence, clause, phrase,
or portion of this ordinance is for any reason held invalid
or unconstitutional by any Court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the
validity of the remaining portions hereof."
Introduced: October 6, 1981
Adopted:
October 27, 1981
Mayor
ATTEST:
Cit~erk