2009-29ORDINANCE N0.2009-29
AN ORDINANCE AMENDING PORTIONS OF CHAPTER 98 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO PARKING
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 98,
Article IV, Section 98-164 of the Code of the City of Fairfax, Virginia, is hereby amended as
follows:
Sec. 98-164. Enforcement of article; payment to city violations bureau for violations in
lieu of other penalties; responsibility for violations.
(a) It shall be the duty of the police officers or parking enforcement officials 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 of 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 provisions of this article or any other ordinance
of the city governing the standing or the parking of a vehicle.
(2) The state license number of such vehicle.
(3) The date and approximate time of such alleged violations.
(4) Any other facts, the knowledge of which is necessary to a thorough understanding of the
circumstances attending such violations.
(b) The police officers or parking enforcement officials making the abovementioned report
shall also attach to such vehicle a notice of parking violation to the owner of such vehicle
informing him of the following provisions of law:
(1) Such vehicle has been parked in a manner that fails to comply with the provisions of this
article or any other ordinance provision of the city governing the standing or the parking of a
vehicle.
(2) The violator may pay the sum of $20.00 in the case of a parking meter violation or
$50.00 in the case of other violations, except for violations of section 98-145, in which case
the sum is $250.00; for violations of sections 98-147, in which case the sum is $100.00; and
for violations of subsection 98-143(a)(4), section 98-143(a) (9) and 42-92 (Virginia Statewide
Fire Prevention Code F-313.6(1)), in which case the sum is $75.00; to the city treasurer's
office or the designated local administrative official within ten days from the time of the
alleged violation appearing on such notice. However, in order to discharge a violation of
section 98-149, in addition to the payment of the sum set forth in this subsection, the violator
shall present satisfactory evidence that the license required by this article has been obtained.
(3) If the violator does not pay for or contest the violation as provided for on the notice of
parking violation within 30 days of the time of the alleged violation appearing on such notice
of parking violation, then a penalty of $25.00 shall be added to the sum owed to the city.
(4) If the violator pays such sum and any applicable penalty to the city treasurer's office or
the designated local administrative official, no action shall be taken to prosecute the violator
for the parking violation specified on such notice.
If the owner or operator of any vehicle parked in violation of or failing to comply with the
provisions of this article or any ordinance of the city governing the standing or parking of a
vehicle shall fail to pay the prescribed sum and any applicable penalty to the city treasurer's
office or the designated local administrative official within the time limit prescribed, a
complaint or summons shall be issued for the alleged violation after compliance with section
98-165.
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section or ordinance, together with proof that the defendant was at the time the registered
owner of the vehicle, as required by Code of Virginia, § 46.2-600 et seq., shall constitute in
evidence a prima facie presumption that the registered owner of the vehicle was the person
who committed the violation.
(e) Code of Virginia, § 46.2-1225, shall apply to this article and to any other ordinance
provision of the city governing the standing or parking of a vehicle.
This ordinance shall become effective as provided by law.
INTRODUCED: November 17, 2009
PUBLIC HEARING: December 8, 2009
ENACTED: December 8, 2009
Mayo
%~
ate
ATTEST:
City Clerk
Votes
Councilwoman Cross Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Rasmussen Aye
Councilman Stombres Nay