19950926 1995-21ORDINANCE NO. 1995-
AN ORDINANCE AMENDING SECTIONS 13-21,
13-24 (a) AND 13-27 (b), REPEALING
SECTIONS 13-24 (c) AND 13-26 (d),
ARTICLE I, CHAPTER 13 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA,
AMENDING SECTIONS 13-35 AND 13-41,
DIVISION 1, ARTICLE II, OF SUCH
CHAPTER, REPEALING SECTIONS 13-56 AND
13-57, DIVISION 2, ARTICLE II, OF
SUCH CHAPTER, AMENDING SECTION 13-61,
DIVISION 2, ARTICLE II, OF SUCH
CHAPTER, AND AMENDING SECTIONS 13-98
AND 13-99 ARTICLE V, OF SUCH CHAPTER
CONCERNING MOTOR VEHICLES AND TRAFFIC
GENERALLY, STOPPING, STANDING AND
PARKING, METERED PARKING, AND SNOW
EMERGENCIES.
1. BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 13-21, Article I, Chapter
13 of the Code of the City of Fairfax, Virginia is hereby
amended to read in its entirety as follows:
Sec, 13-21.
Tailgates on vehicles.
It shall be unlawful for the operator of any truck,
trailer or other vehicle equipped with a tailgate, to
lower or open the tailgate thereon, or to suffer or
permit such tailgate to be lowered or opened, except
during the time the vehicle is being loaded or unloaded,
and except during the time the load on the vehicle
necessitates a lowered or opened tailgate as a support
for the load. It shall be the duty of the operator of
any such vehicle to see that the tailgate on such vehicle
is kept closed or raised, except during the times
hereinbefore specified. Any Derson who shall violate
th~s section shall be q~%ty o~ a traffic infraction,
punishable by a fine of not more than two hundred dollars
($200.00 .
2. BE IT FURTHER ORDAINED that subsection (a) of
Section 13-24, Article 13-24, Article I, Chapter 13 of
the Code of the City of Fairfax, Virginia is hereby
amended to read, in pertinent part, as follows:
Sec. 13-24.
Plavin~ on streets or highways; roller
skates, %oys Or other deuces on wheels or
runners; persons ridin~ bicycles, etc..
~ot to attach to vehicles.
(a) No person shall play on a highway or street,
other than upon the sidewalks thereof, within the city.
No person shall use on a highway or street where play is
prohibited roller skates, ~ateboards. toys or other
devices on wheels or runners, except bicycles and
(b) * * *
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3. BE IT FURTHER ORDAINED that subsection (c) of
Section 13-24, Article I, Chapter 13 of the Code of the
City of Fairfax, Virginia is hereby repealed.
4. BE IT FURTHER ORDAINED that subsection (d) of
Section 13-26, Article I, Chapter 13 of the Code of the
City of Fairfax, Virginia is hereby repealed.
5. BE IT FURTHER ORDAINED that subsection (b) of
Section 13-27, Article I, Chapter 13 of the Code of the
City of Fairfax, Virginia is hereby amended to read in
its entirety as follows=
Sec. 13-27.
ComDliance with chapter; penalty for
violation of chapter.
(a) · · ,
(b) Every person convicted of a violation of any of
the provisions of this chapter or rule or regulation
promulgated pursuant thereto, for which no other penalty
is provided and which is not otherwise defined as a
misdemeanor shall be punished by a fine of not more than
e~e two hundred dollars ~ ($200,00).
6. BE IT FURTHER ORDAINED that Section 13-35, Division
1, Article I, Chapter 13 of the Code of the City of
Fairfax, Virginia is hereby amended to read in its
entirety as follows:
Sec. 13-35.
Parkinq of commercial vehicles and certain
noncommercial vehicles residential zon$~.
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a. No person shall Dark any commercial bus.
~0mmercial truck, commercial van or other commercial
vehicle in any residential $one except as provided for in
subsection
b, NO persoD shall Dark any non-commercial truck,
van or other vehicle in any residential zone unless such
vehicle has a weiaht of less than nine thousand ¢9.000)
pounds except ~s provided for in subsection (c).
C. For each dwe[lina unit on any aiven premises
within a residential zone, one commercial vehicle of a
weight less than nine thousand (9.000~ pounds or one
non-commercial vehicle of ~ 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 Darkin~ on such premises.
Schoo~ buses may be parked in residential areas only
durin~ school hours and for a period not to exceed two
This section shall not aPPlY to commercial v~hicles.
or tr~cks, vans or other vehicles Dickina UD or
dischar~in~ passengers or merchandise or present pursuant
to the Derfor~_~nce of work or service in such residential
d. For the purpose of this section, the term
"c0mmeFcial vehicle" shall mean any vehicle other than
vehicles employed solely for family, private or personal
use and not associated wSth any business, commercial or
profit makin~ venture or activity, and shall include
heaw construction eouiDment, cranes, well die, ina
apparatus and other heaw eauiDment.
For the PurPose of this section, the term
"Fesidential zone" shall include anv road. street.
highway or driveway located in or bordered by
residentially zoned DroDertv and shall also include any
10t whether vacant 0r improved bv structures located in a
residential zone.
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1995-21
For the DurDose of this section, the ter-
"weight" shall mean the ~ross weight as registered wit~
the division of motor vehicles or s~milar a~encv of the
state licensin~ such vehicles, or if such gross weight i~
not so registered, the gross weight as indicated by-the
manufacturer*s specifications for such vehicle, if
available, or if such manufacturerts specifications ar~
not available, then the empty weiqht of the vehicle as
reaistered with the division of motor vehicles or s~milar
aqenc¥ of the state licensinq such vehicles; provided,
however, that ~f
such emDtv weiaht exceeds the maximum weight Derm~tte~
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 ~ross weight as indicated by the
manufacturer's specifications,
All other terms not expressly defined herein shall
be defined in Title ~6.~ of the Code of Virginia, as
amended.
6. ~E IT FURTHER ORDAINED that Section 13-41, Division
1, Article II, Chapter 13 of the Code of the City of
Fairfax is hereby amended to read in its entirety as
follows:
Sec. 13-41.
Parkin~ vehicles without state license
plates or state insgection stickers
highways.
It shall be unlawful ~ for any vehicle to be
street or highway within the city which vehicle is not
currently reaistered and licensed to be operated i~
accordance with the laws of the state or is not currently
inspected and approved in accordance with the laws of th~
state.
7. BE IT FURTHER ORDAINED that Section 13-56, Division
2, Article II, Chapter 13 of the Code of the City of
Fairfax, Virginia is hereby repealed.
8. BE IT FURTHER ORDAINED that Section 13-57, Division
2, Article II, Chapter 13 of the Code of the City of
Fairfax, Virginia is hereby repealed.
9. BE IT FURTHER ORDAINED that Section 13-61, Division
2, Article II, Chapter 13 of the Code of the City of
Fairfax, Virginia is hereby amended to read in its
entirety as follows:
Sec. 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
~uiltv of a traffic infraction, punishable by a fine of
not ~-~ ~- ~- ~-- '~^ ~ ~-- more than --~ two
hundred dollars ($I00.00 200.00).
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10. BE IT FURTHER ORDAINED that Section 13-98, Article
V, Chapter 13 of the Code of the City of Fairfax,
Virginia is hereby amended to read in its entirety as
follows:
Sec. 73-98.
C-it~=~e~otice qf parkinq violation
vehicle parked or left in violation.
Whenever any motor vehicle without a driver is found
parked or left in violation of any provision of this
article, and is not removed and impounded as provided for
in this article, 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 conspicuously affix to such vehicle a traffic
citation a notice of Darkin~ violation on a form provided
by the chief of police ~A_ ~A ~_: .... ~ .......-' ~- th&
11. BE IT FURTHER ORDAINED that Section 13-99, Article
V, Chapter 13 of the Code of the City of Fairfax,
Virginia is hereby amended to read in its entirety as
follows:
Sec. 13-99.
Failure to comDlv with
notice of markin~ violation attached to
vehicle.
If a violator of this article does not Day for or
contest a notice of Darkin~ violation affixed to SUCh
motor vehicle in accordance with this article w~th~n ten
(10) days from the date and time of the violatioB
aDDearin~ on such notice, then the applicable Drovisiom~
and procedures of sections 13-59 and 13-60 shall aPPly,
exceDt that in no case shall the fine exceed the
penalties in section ~$-~02,
12. BE IT FURTHER ORDAINED that the remaining
subsections of the sections hereby amended shall continue
to read as previously enacted.
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This ordinance shall become effective as provided by
law.
INTRODUCED: September 12, 1995
PUBLIC HEARING: September 26, 1995
ADOPTED: September 26, ]995
DATE
ATTEST:
CiOty C~rk
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