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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the city of Fairfax, Virginia, that Section 13-34, Article II, Chapter 13 of the Code of the City of Fairfax is hereby repealed.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the City of Fairfax, Virginia, that Section 13-32, Article II, Chapter 13 of the Code of the City of Fairfax is hereby repealed and reenacted to read in its entirety as follows: Section 13-32.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