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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. 1 1990-8 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 2 1990-8 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. 1990-8 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 4 1990-8 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 5 1990-8 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 6 1990-8 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 1990-8 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) 8 1990-8 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 1990-8 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 10 1990-8 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. 11 1990-8 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 12 1990-8 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. 13