Sec. 26-1. - Territorial application of chapter.

This chapter applies to every street, avenue, highway, alley, sidewalk, driveway, park area and every other way within the corporate limits of the city, the use of which the city has jurisdiction and authority to regulate.

(Ord. No. 143; Code 1961, § 23-5)

Sec. 26-2. - Compliance with chapter; general penalty for violations.

It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter. Unless otherwise specifically provided, a violation of this chapter shall constitute a traffic infraction punishable by a fine of not more than two hundred fifty dollars ($250.00).

(Ord. No. 143; Code 1961, §§ 23-3, 23-26; Ord. No. 4403-92; Ord. No. 6722-10)

State law reference— Similar provisions applicable to violations of state traffic laws, Code of Virginia, § 46.2-113; city prohibited from imposing penalty for traffic violation which is greater than penalty imposed by state for similar offense, Code of Virginia, § 46.2-1300.

Sec. 26-3. - Arrest procedure for violations of chapter—Generally.

(a)

Whenever any person is arrested, including an arrest upon a warrant, for a violation of any provision of this chapter, except section 26-72, the arresting officer shall, except as otherwise provided in section 26-5, take the name and address of such person and the license number of such person's motor vehicle and issue a summons or otherwise notify such person in writing to appear, at a time and place to be specified in such summons or notice, such time to be at least five (5) days after such arrest, unless the person arrested shall demand an earlier hearing, and such person shall, if he or she so desires, have a right to an immediate hearing or a hearing within twenty-four (24) hours, at a convenient hour and before the court having jurisdiction. Such officer shall thereupon and upon the giving by such person of his written promise to appear at such time and place forthwith release him from custody.

(b)

Any person refusing to give such written promise to appear shall be taken immediately by the arresting or other police officer before the nearest or most accessible judicial officer or other person qualified to admit to bail having jurisdiction under this chapter.

(c)

Any person who willfully violates a written promise to appear, given in accordance with this section, shall be guilty of a misdemeanor, regardless of the disposition of, and in addition to, the charge upon which such person was originally arrested.

(d)

Any officer violating any of the provisions of this section shall be guilty of misconduct in office and subject to removal therefrom upon complaint filed by any person in a court of competent jurisdiction. This section shall not be construed to limit the removal of a police officer for other misconduct in office.

(Ord. No. 143; Code 1961, § 23-37)

Cross reference— Issuance of summons under above section for violation of prohibition against throwing litter from vehicles, § 19-28.

State law reference— Similar provisions, Code of Virginia, § 46.2-936.

Sec. 26-4. - Same—Issuance of warrant prior to return date of summons or notice.

Notwithstanding the provisions of section 26-3, the power of general approval having been granted for the use of this section by the traffic court of the city, the arresting officer may appear before a justice of the peace or other issuing authority for the city and make an oath as to the offense and request the issuance of a warrant at any time prior to the return date of the summons or notice issued under section 26-3. A warrant for the violation shall then be issued by the justice of the peace or other issuing authority and forwarded forthwith to the court in which such offense is to be tried.

(Ord. No. 859, § 1; Ord. No. 1616, § 1; Code 1961, § 23-38)

State law reference— Similar provisions, Code of Virginia, § 46.2-936.

Sec. 26-5. - Same—When arrested person to be taken before judicial officer.

If any person arrested for a violation of this chapter is believed by the arresting officer to be likely to disregard a summons issued under section 26-3, the arresting officer shall take such person forthwith before the nearest or most accessible judicial officer or other person qualified to admit to bail, in lieu of issuing the summons required by section 26-3, and such judicial officer or other person shall determine whether or not probable cause exists that such person is likely to disregard a summons, and may issue either a summons or warrant, as is determined proper.

(Ord. No. 143; Code 1961, § 23-38)

State law reference— Similar provisions, Code of Virginia, § 46.2-940.

Sec. 26-6. - Same—Traffic infractions treated as misdemeanors for arrest purposes.

For purposes of arrest, traffic infractions shall be treated as misdemeanors. Except as otherwise provided by this chapter or state law, the authority and duties of arresting officers shall be the same for traffic infractions as for misdemeanors.

State law reference— Similar provisions, Code of Virginia, § 46.2-937.

Sec. 26-7. - Traffic school for violators.

(a)

There is hereby established the city driving improvement school, to be supervised and conducted by the general district court, traffic and criminal divisions, and the juvenile and domestic relations court, being courts charged with the duty of hearing traffic cases.

(b)

A judge of any court in the city may, upon a finding of guilty in any traffic case, require the attendance of an offender at such school, as provided by Section 46.2-1314 of the Code of Virginia. No person who is a nonresident of the city shall be required to attend such school. The full-time judges of the general district courts in the city shall exercise supervision and control of such school, the days and hours when it shall be conducted and the personnel who are to be instructors thereof. Such school shall offer a minimum of four (4) hours and a maximum of twelve (12) hours of instruction and shall offer not less than two (2) nor more than six (6) sessions, which are to be held on weekdays and Saturdays and which shall conclude by 10:00 p.m. Attendance at such school may be in lieu of or in addition to any penalty prescribed by law, and failure to comply with an order of the court to attend such school shall be punishable as contempt of such court.

(c)

The supervisor may establish such tuition fee for such school as is deemed advisable, not to exceed twenty dollars ($20.00) for the complete course of instruction. Such sum shall be received by the clerks of the respective courts and shall be disbursed on the order of the judge of the court, to the end that such school shall be self-supporting. Any funds remaining as of the end of the fiscal year in excess of the amount required to sustain operation of the school shall be disbursed, on order of a judge of the court, to the city.

(Ord. No. 1857, § 1; Ord. No. 1970, § 1; Code 1961, § 23-36.1; Ord. No. 3958-89, § 1)

Sec. 26-8. - Adoption of state law.

(a)

Pursuant to the authority of Sections 46.2-1313 and 1-220 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.2 of the Code of Virginia, as amended, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which, by their very nature, can have no application to or within the city, are hereby adopted and incorporated in this chapter by reference and made applicable within the city. The incorporation by reference contained in this section shall include any future amendments to laws or regulations so referenced. Reference to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the city. Such provisions and requirements are hereby adopted and shall be deemed to refer to the street, highways and other public ways within the city. Such provisions and requirements are hereby adopted and made a part of this as fully as though set forth at length herein, and it shall be unlawful for any person within the city to violate or fail, neglect or refuse to comply with any provision of Title 46.2 of the Code of Virginia, which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 of the Code of Virginia.

(b)

All definitions of words and phrases contained in the state law hereby adopted shall apply to such words and phrases, when used in this chapter, unless clearly indicated to the contrary.

(Ord. No. 3252; Ord. No. 3760-88; Ord. No. 3958-89, § 1; Ord. No. 4083-90; Ord. No. 4194-91; Ord. No. 4360-92; Ord. No. 4491-93, § 1; Ord. No. 4507-93; Ord. No. 6386-07, § 1)

Sec. 26-9. - General authority of traffic engineer.

(a)

The traffic engineer is hereby authorized to classify, designate and mark city streets and to provide a uniform system of marking and signing streets under the jurisdiction of the city.

(b)

The traffic engineer, except as otherwise directed by this chapter, and except as otherwise directed from time to time by the city council, shall have the right and authority and is hereby authorized to regulate the operation of vehicles within the corporate limits of the city, by the erection or placing of proper signs or markers indicating quiet zones, residence and business districts, through streets and railway grade crossings. The traffic engineer may erect or place such other signs or markers as may be necessary to carry out the provisions of this chapter to control traffic.

(c)

The traffic engineer is further empowered and authorized to mark off traffic lanes on streets and parts of streets indicating the flow of traffic, when in the traffic engineer's judgment, such action is necessary.

(d)

The existence of signs or markers authorized by this section or any other section of this chapter, at any place within the corporate limits of the city, shall be prima facie evidence that such signs or markers were erected or placed by and at the direction of the traffic engineer and in accordance with the provisions of this chapter, and it shall be unlawful for any person to fail or refuse to comply with the directions of such signs or markers.

(Ord. No. 143; Ord. No. 975, § 1; Ord. No. 1684, § 1; Code 1961, § 23-39)

Cross reference— Division of traffic engineering of department of engineering responsible for traffic operations, § 2-671; director of engineering to serve as head of department of engineering, § 2-672.

Sec. 26-9.1. - Establishment of a photo-monitoring system to enforce traffic light signals.

(a)

There is hereby established a traffic signal enforcement program as authorized by the provisions of Section 15.2-968.1 of the Code of Virginia, 1950, as amended. The approved system shall be installed, operated and maintained by city forces and/or private vendors at the discretion of and subject to the overall supervision of the city manager. All equipment and technology used to establish and operate this program shall be reliable and of the highest quality. The traffic signal enforcement program shall be established and operated at all times in conformity with the aforesaid Section 15.2-968.1.

(b)

Failure to comply with a traffic signal, as shown by any photographs, microphotographs, videotape or other recorded image as produced by the approved traffic light signal monitoring system is a violation of this section. The monetary penalty for failure to comply with a traffic light signal shall be fifty dollars ($50.00).

(c)

Conspicuous signs shall be placed on streets leading to intersections where the traffic light signal enforcement program is deployed. Such signs shall disclose the presence of the traffic light signal violation monitoring system at such intersections. The signs shall be placed not less than three hundred (300) feet nor more than five hundred (500) feet from the intersection.

(d)

Proceedings to enforce this section shall conform to the requirements of the aforesaid Section 15.2-968.1 or to such other procedures as may be authorized by law. Appropriate forms, as contemplated by the aforesaid Section 15.2-968.1, shall be utilized and shall be subject to review and approval by the chief of police and the city attorney.

(Ord. No. 6422-07)

Sec. 26-10. - Riding on portion of vehicles not intended for passengers.

No person shall ride on any portion of any vehicle not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise or other loads.

(Ord. No. 143; Code 1961, § 23-25)

Sec. 26-11. - Boarding or alighting from moving vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion.

(Ord. No. 143; Code 1961, § 23-26)

Cross reference— Boarding or alighting from moving trains, § 28-33.

Sec. 26-12. - Reserved.

Editor's note—

Ord. No. 6846-12, § 2, adopted Feb. 14, 2012, effective March 1, 2012, repealed § 26-12, which pertained to permit for processions and parades and derived from Code 1961, § 23-27; Ord. No. 143.

Sec. 26-13. - Driver to give immediate notice of certain accidents.

The driver of any vehicle involved in any accident resulting in injury to or death of any person, or some person acting for him, shall immediately give notice of the accident to a law enforcement officer as required by Code of Virginia, Section 46.2-371. A willful failure to make the report required herein shall constitute a violation of the section.

(Ord. No. 143; Ord. No. 858, § 1; Code 1961, § 23-11; Ord. No. 3958-89, § 1; Ord. No. 4092-90)

State law reference— Authority for above section, Code of Virginia, § 46.2-381.

Sec. 26-14. - Reserved.

Editor's note—

Ord. No. 4093-90, adopted Aug. 28, 1990, repealed § 26-14, which pertained to accident reports by passengers and derived from Ord. No. 143 and Code 1961, § 23-13

Sec. 26-15. - Report by law enforcement officer investigating an accident.

Every law enforcement officer who, in the course of duty, investigates a motor vehicle accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars ($1,000.00) or more, either at the time of and at the scene of the accident or thereafter and elsewhere, by interviewing participants or witnesses, shall, within twenty-four (24) hours after completing the investigation, forward a written report of the accident to the police department as required by Code of Virginia, Section 46.2-373.

(Ord. No. 143; Code 1961, § 23-12; Ord. No. 3958-89, § 1; Ord No. 4092-90; Ord. No. 5775-02)

Sec. 26-16. - Authority of police to move vehicle involved in accident that is left unattended, illegally parked or immobile; authority of authorized conservators to remove vehicles from public lots.

(a)

Whenever a motor vehicle, trailer or semi-trailer, involved in an accident is found upon the highways or streets within the city and is so located as to impede the orderly flow of traffic, the police may, remove such motor vehicle, trailer or semi-trailer from the highway or street to some point in the vicinity of such accident where such motor vehicle, trailer or semi-trailer will not impede the flow of traffic.

(b)

The police may remove for safe keeping any motor vehicle, trailer, semi-trailer, or parts thereof to a storage area if:

(1)

It is left unattended on a public highway or street or other public property and constitutes a safety hazard;

(2)

It is illegally parked;

(3)

It is immobilized on a public roadway by weather conditions or other emergency situations;

(4)

It is left unattended for more than ten (10) days either on public property or on private property without the permission of the property owner, lessee or occupant.

(c)

Removal of motor vehicles that are illegally parked or left unattended for more than ten (10) days on a public parking lot may be carried out by a conservator of the peace who is authorized by the City of Newport News to initiate such removal.

(Ord. No. 2261, § 2; Code 1961, § 23-269; Ord. No. 4015-90; Ord. No. 4026-90; Ord. No. 6639-09, § 1)

State law reference— Authority for above section, Code of Virginia, § 46.2-1212.

Sec. 26-16.1. - Removal of motor vehicles obstructing movement; storage; payment of costs.

Whenever any motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer interferes with the free ingress, egress, or movement on any premises, driveway, or parking area, without the permission of the owner of that property, any law enforcement officer may remove it or have it removed to a storage area for safekeeping and shall report the removal to the department of motor vehicles of the commonwealth and to the owner of the motor vehicle, trailer, semitrailer, or other vehicle as promptly as possible. Before obtaining the possession of his property, the owner shall pay to the parties entitled thereto all costs incidental to its removal or storage.

(Ord. No. 4017-90)

Sec. 26-16.2. - Advisory board.

Pursuant to the provisions of Section 46.2-1233.2 of the Code of Virginia, 1950, as amended, an advisory board composed of representatives of law enforcement agencies, towing and recovery operators and the general public is hereby created to review towing regulations and advise city council with regard to appropriate provisions of any ordinance pertaining to towing and recovery of vehicles. The advisory board shall be composed of the police chief, or his designated representative; the fire chief, or his designated representative; and the director of codes compliance, or his designated representative; who shall be ex-officio members with full voting powers. In addition, council shall appoint three (3) representatives from the towing and recovery industry and one (1) citizen representative. Two (2) of the initial towing and recovery representatives shall be appointed for a one (1) year term commencing July 1, 1995, and ending June 30, 1996; the citizen representative and one (1) towing and recovery industry representative shall be appointed for a two-year term commencing July 1, 1995, and ending June 30, 1997. Thereafter, all towing and recovery industry and citizen representatives shall be appointed for two-year terms.

(Ord. No. 4741-95, § 1)

Sec. 26-17. - Assessment of costs against owner of vehicle towed or stored by police department or at department's request.

(a)

The city shall be authorized to assess certain towing or storage and administrative costs against the owner of any vehicle which has been towed or stored by, or at the request of, the police department, except when the department's request is made in response to a person's request for towing services from a specific towing firm. These costs shall be paid before the vehicle is released to the owner. Such costs shall be assessed in accordance with the following schedule:

(1)

Towing. The towing charge shall not exceed one hundred ten dollars ($110.00) for light vehicles weighing up to eight thousand eight hundred (8,800) pounds gross vehicle weight. The towing charge shall not exceed one hundred thirty dollars ($130.00) for towing any mid-size vehicle having a gross vehicle weight greater than eight thousand eight hundred (8,800) pounds and not more than eighteen thousand (18,000) pounds gross vehicle weight; and the towing charge shall not exceed two hundred eighty-five dollars ($285.00) for towing any vehicle having a gross vehicle weight above eighteen thousand (18,000) pounds. Tractor-trailer combinations may be towed separately. If towed separately, a separate charge may be applied to each component separately towed.

Dollys may be used to tow a vehicle where recommended by the current annual Towing and Service Manual published by the American Automobile Association. The charge for use of a dolly shall not exceed forty-five dollars ($45.00) per tow.

Gojacks may be used to lift and move a locked, blocked or disabled vehicle several feet into hook up alignment with a tow truck. The charge for use of gojacks shall not exceed fifteen dollars ($15.00) per tow.

(2)

Storage. There shall be no storage charge if the vehicle is reclaimed within the first twenty-four-hour period after a tow. Storage charges shall be assessed at a rate not to exceed forty-five dollars ($45.00), per storage day for trucks having a gross vehicle weight above eighteen thousand (18,000) pounds, and a rate not to exceed twenty-eight dollars ($28.00) per storage day for all other vehicles. For purposes of this subsection, each twenty-four-hour period shall constitute one (1) storage day. In addition, each towing firm shall have adequate, accessible on site parking and hook-up space available at all times for use by any owner, custodian or other person who arrives to retrieve a vehicle.

(3)

Administrative charge. The administrative charge shall be twenty dollars ($20.00) and shall be assessed whenever the city must arrange for the towing of a motor vehicle other than at the request of the owner, or his agent. When the vehicle is stored on the city lot, the charge shall be paid to the city. When the vehicle is stored with a commercial wrecker service, the charge shall be paid to the wrecker service, whereupon this administrative cost will be forwarded to the city by the wrecker service.

(4)

Other costs. Reasonable charges for recovery (winching, uprighting, etc.), clean-up of an accident site, weather protection of stored vehicles in the event a vehicle is open to the elements, and notifications required by state law may be recovered. Such charges shall not exceed the reasonable costs incurred by the city or the operator of the towing firm involved; no notification to the Virginia Department of Motor Vehicles or to lien holders shall be initiated before the third consecutive day of storage. No charges other than those specifically authorized by this section shall be permitted.

(5)

Pre-tow release. If the owner or custodian of any vehicle unlawfully parked returns after a tow truck has arrived and is engaged in hooking up or has attached the subject vehicle to the tow vehicle, or is attached to the subject vehicle, he may reclaim the vehicle upon payment of a service fee not to exceed twenty-five dollars ($25.00), plus payment of the administrative charge imposed by subsection (a)(3). No fee in excess of twenty-five dollars ($25.00), plus the administrative charge, shall be charged if the vehicle has not been moved from the lot or block where it was unlawfully parked. Payment of the fee provided by this subsection shall not relieve any vehicle owner from paying the fine imposed for having unlawfully parked said vehicle.

(b)

The police department shall make a reasonable effort to notify and advise any vehicle owner of the costs provided for in this section when such person's vehicle has been towed at the request of the police department.

(Ord. No. 2216; Code 1961, § 23-260; Ord. No. 2619-80; Ord. No. 3580-87, § 1; Ord. No. 4017-90; Ord. No. 4465-93, § 1; Ord. No. 4895-96; Ord. No. 4915-96; Ord. No. 5771-02; Ord. No. 6114-05, § 1; Ord. No. 6226-06)

Sec. 26-17.1. - Tow truck service operations—Definitions.

Unless a different meaning is required by the context, the following terms as used in sections 26-17 through 26-17.8 shall have the meaning hereinafter respectively ascribed to them:

Authorizing a tow means the authorizing of a tow by an owner.

Board means Board of Towing and Recovery Operators.

Day or storage day means a period of twenty-four (24) consecutive hours.

Dolly or tow dolly means an axle-like device used to support the front or rear wheels of a passenger vehicle, pick-up or panel truck, for towing purposes. Such device when used on the public streets, shall be equipped with a safety chain or safety straps to restrain the device and vehicle being towed, should the connection fail.

Gojack means a combination jack/dolly which enables a tow operator to lift and move a locked, blocked or disabled vehicle several feet into hook up alignment with a tow truck.

Operator means any person operating a towing firm or tow truck or providing towing and recovery services.

Owner means an owner or lessee, or agent thereof, of private property conducting a business thereon and offering parking to patrons and who uses a towing firm to enforce parking restrictions.

Person means a natural person, firm, partnership, association or corporation and its legal successors.

Tow means the actual hooking up and attachment of the vehicle to be towed to the towing vehicle and subsequent relocation of vehicle being towed.

Tow truck means a motor vehicle for hire (i) designed to lift, pull or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least ten thousand (10,000) pounds. Tow truck also includes vehicles designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks".

Tow yard or tow lot means a location where operable or inoperative vehicles are towed or stored.

Towing firm or towing and recovery operator means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location, where they either can be operated or removed to other locations for repair or safekeeping, vehicles that have come to rest in places where they cannot be operated.

Towing and recovery services means the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location, where they either can be operated or removed to other locations for repair or safekeeping, vehicles that have come to rest in places where they cannot be operated.

Trespassing vehicle means a vehicle occupying a lot, area or space without permission of the owner of the lot, area or space.

(Ord. No. 4017-90; Ord. No. 4895-96; Ord. No. 5771-02; Ord. No. 6287-06, § 1; Ord. No. 6639-09, § 1)

Sec. 26-17.1.1. - Licenses required.

It shall be unlawful for any person to engage in business in the City of Newport News as a towing and recovery operator without first obtaining a license from the Board of Towing and Recovery Operators as a Class A or Class B operator, as provided in Title 46.2 of the Code of Virginia. Violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 6639-09, § 1)

Sec. 26-17.1.2. - License to be displayed.

Every person engaged in towing and recovery services shall display his license in a conspicuous place in the principal office in which he operates.

(Ord. No. 6639-09, § 1)

Sec. 26-17.1.3. - Standards of practice.

(a)

All tow firms, including their offices and storage facilities, shall comply with all required state or local building or zoning codes.

(b)

A tow firm with its principal place of business in the City of Newport News must maintain a valid business license.

(c)

Any operator permanently ceasing to provide towing and recovery services shall notify the Board of Towing and Recovery Operators (hereinafter "the board") and the commissioner of the revenue in writing and return the board-issued operator's license for voluntary cancellation and termination within thirty (30) days.

(d)

A licensed tow operator must maintain the following proof of insurance: (i) a minimum of seven hundred fifty thousand dollars ($750,000.00) for automobile liability; (ii) a minimum of seven hundred fifty thousand dollars ($750,000.00) for commercial general liability; (iii) a minimum of fifty thousand dollars ($50,000.00) for garagekeepers liability; and (iv) worker's compensation as required by state and federal law.

(e)

Operators shall ensure that only equipment designed and rated for the type of vehicle being transported is used. Tow operators shall additionally ensure that at no time shall one of their tow trucks exceed the manufacturer's gross vehicle weight rating for a Class B operator's tow truck and Class A tow operator's truck, as the same are defined by the Code of Virginia.

(f)

All tow trucks shall meet all federal department of transportation and applicable Virginia regulations.

(g)

Any and all advertisements, promotions, and offers for towing and recovery services shall include the tow operator's trade name and board license number. Invoices shall include the operator's trade name, address, telephone number, and board license number.

(h)

Operators shall be responsible for the supervision, training and all actions of their employees and drivers pertaining to their compliance with laws and regulations governing towing and recovery services.

(i)

Whenever a trespassing vehicle is removed or towed without the owner's consent pursuant to Section 46.2-1231 of the Code of Virginia, then in accordance with that section, notice of the removal or towing shall forthwith be given by the driver of the tow truck to the local law-enforcement agency of the jurisdiction from which the vehicle was towed. Should the driver fail to report such action, the amount that may be charged for the storage and safekeeping of the towed vehicle shall be limited to an amount no greater than that charged for one (1) day of storage and safekeeping. If the vehicle is removed and stored, and the aforesaid notice is properly given, the vehicle owner may be charged and the vehicle may be held for a reasonable fee for the removal and storage.

(j)

No operator shall impersonate a licensed operator of a like or different name.

(k)

No operator shall publish or cause to be published in any manner an advertisement that is false, deceptive or misleading.

(l)

No operator shall provide any towing and recovery services for vehicles of a gross vehicle weight over twenty-six thousand (26,000) pounds unless licensed as a Class A operator.

(m)

The tow firm or tow operator's licensed trade name shall be clearly indicated on all of the tow operator's tow trucks.

(n)

Tow operators shall accept at least one (1) of two (2) nationally recognized credit cards. However, any credit card offered in payment, even if of a type normally accepted, may be considered unacceptable by the operator if the credit card company denies charges being applied to said card or if the actual card is not presented to the operator for inspection. Operators may insist that payment by credit card be made at their principal place of business or any location at which payment for their fees for services is normally accepted.

(o)

In addition to the foregoing, the standards of practice for operators require that no operator shall:

(1)

Engage in fraud or deceit in the offering or delivering of towing and recovery services.

(2)

Conduct his business or offer services in such a manner as to endanger the health and welfare of the public.

(3)

Use or allow the use of alcohol or drugs to the extent such use renders the operator or his drivers impaired or unsafe to provide towing and recovery services.

(4)

Neglect to maintain on record at the licensed tow operator's principal office a list of all drivers in the employ of the operator. Operators shall be required to notify the board within thirty (30) days of the occurrence of all changes of drivers.

(5)

Obtain any fee by fraud or misrepresentation.

(6)

Advertise in a way that directly or indirectly deceives, misleads, or defrauds the public.

(7)

Advertise or offer services under a name other than one's own name or trade name as set forth on the operator's license.

(8)

Fail to display at the licensed operator's principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles of twenty-six thousand (26,000) pounds gross vehicle weight or less.

(9)

Fail to have readily available at the customer's request the maximum fees normally charged by the licensed operator for basic services for towing and initial hookup of vehicles of twenty-six thousand (26,000) pounds gross vehicle weight or less.

(10)

Fail to provide at the consumer's request the phone number for which consumer complaints may be filed with the board.

(11)

Knowingly charge fees in excess of those permitted by this chapter for towing, storage, or administrative services or charge fees for services not rendered.

(12)

Fail to maintain all towing records, which shall include itemized fees, for a period of one (1) year from the date of service.

(13)

Employ any driver required to register as a sex offender as provided in Section 9.1-901 of the Code of Virginia.

(14)

Remove or tow a trespassing vehicle, as provided in Section 46.2-1231 of the Code of Virginia, or a vehicle towed or removed at any request of a law-enforcement officer to any location outside the commonwealth.

(15)

Refuse at the operator's place of business to make change up to one hundred dollars ($100.00) for the owner of the vehicle towed without the owner's consent if the owner pays in cash for charges for towing and storage of the vehicle.

(16)

Violate, assist, induce, or cooperate with others in violating any provisions of law related to the offering or delivery of towing and recovery services, including the provisions of Chapter 28 (§ 46.2-2800 et seq.) of Title 46.2 of the Code of Virginia and the provisions of these regulations.

(17)

Fail to provide the owner of a stolen vehicle written notice of his right under the law to be reimbursed for towing and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in Section 46.2-1209 of the Code of Virginia.

(18)

Fail to satisfy the procedural steps, including the timely mailing of all notices, required by Sections 43-32 and 43-34 of the Code of Virginia, in order to perfect and enforce the liens provided therein for towing and recovery and vehicle storage.

(Ord. No. 6639-09, § 1)

Sec. 26-17.1.4. - Requirements for drivers.

A tow truck driver shall:

(1)

Possess a valid and appropriate driver's license, and a tow truck driver's authorization document issued by the board.

(2)

Maintain in his possession and have readily available for inspection when providing towing and recovery services his board-issued tow truck driver's authorization document.

(3)

Notify the board within five (5) business days upon the driver being convicted of any criminal offense, including any offense for which the driver is required to register as a sex offender under any state, federal or local law, or the law of any foreign country.

(4)

Provide towing and recovery services in a safe manner.

(5)

Review and read all state regulations and laws related to standards of practice, unprofessional conduct and safety prior to operating a tow truck or providing towing and recovery services. The driver shall sign a statement to be retained by the operator who employs the driver verifying the driver's compliance with this subsection.

(6)

Surrender his tow truck driver's authorization document(s) should the board rescind, cancel, suspend, revoke or deny such tow truck driver's authorization document(s) upon a determination by the board that the driver has violated laws or regulations governing towing and recovery services or otherwise has become unqualified to hold a tow truck authorization document.

(Ord. No. 6639-09, § 1)

Sec. 26-17.2. - Tow truck service operations—Enforcement of private parking by towing.

Each owner shall post at each entrance to the patron parking area clearly legible signs containing either of the following alternatives for wording:

ALTERNATIVE ONE
PRIVATE PARKING
(NAME OF ESTABLISHMENT)
PATRONS ONLY
TOWING ENFORCED BY
(Name of Towing Firm or
Person, etc., Coordinating
Towing by Various Firms)
Towing Fee—$____________
Storage Charge—$____________ per day
Call (Telephone Number) for Location and
Information Concerning Return of Vehicle

ALTERNATIVE TWO
PRIVATE PARKING
(NAME OF ESTABLISHMENT)
PATRONS ONLY
TOWING ENFORCED BY
(NAME OF ESTABLISHMENT)
Towing Fee—$____________
Storage Charge—$____________ per day
Call Police Department at
(Telephone Number Provided by Chief of Police)
For Location and Information
Concerning Return of Vehicle

The signs shall also be at least twenty-four (24) inches by eighteen (18) inches, but shall not exceed six (6) square feet in area. Lettering for the top four (4) lines shall be at least two (2) inches in height and for all other lines at least one (1) inch in height.

Signs which convey the required information, but do not utilize the precise language or format shown in either of the above alternatives, shall be deemed in compliance with this section.

(Ord. No. 4017-90; Ord. No. 4895-96; Ord. No. 5913-03; Ord. No. 6548-08)

Sec. 26-17.3. - Same—Consent and signs.

(a)

Before a towing firm may remove an unauthorized vehicle from the private property of an owner, as defined in section 26-17.1, said firm must first obtain written consent from the owner to remove the vehicle in question, unless the firm has a written agreement to remove all unauthorized vehicles from said property.

(b)

When any owner enters into a written agreement with a towing firm to remove unauthorized vehicles before a tow is made, the owner shall post a sign which shall conform to the requirements of section 26-17.2

(Ord. No. 4017-90)

Sec. 26-17.4. - Same—Removal and storage of towed vehicles.

(a)

No tow truck service or operator shall charge a basic fee in excess of that set forth in this section. The towing charge shall not exceed one-hundred twenty dollars ($120.00) for light vehicles weighing up to eight thousand eight hundred (8,800) pounds gross vehicle weight. The towing charge shall not exceed one hundred forty dollars ($140.00) for towing any mid-size vehicle having a gross vehicle weight greater than eight thousand eight hundred (8,800) pounds and not more than eighteen thousand (18,000) pounds gross vehicle weight; and the towing charge shall not exceed two hundred eighty-five dollars ($285.00) for towing any vehicle having a gross vehicle weight above eighteen thousand (18,000) pounds. Tractor-trailer combinations may be towed separately. If towed separately, a separate charge may be applied to each. In addition, charges may be recovered for the notifications required by state law; however, such charges shall not exceed the reasonable cost incurred by the operator of the towing firm involved, or be initiated before the fourth consecutive day of storage.

(b)

There shall be no storage charge if the vehicle is reclaimed within the first twenty-four-hour period after the tow. Storage charges shall be assessed at a rate not to exceed forty-five dollars ($45.00) per storage day for trucks having a gross vehicle weight greater than eighteen thousand (18,000) pounds; the storage rate shall not exceed twenty-eight ($28.00) dollars per storage day for all other vehicles. Each twenty-four-hour period shall constitute one (1) storage day.

(c)

Each and every towing firm that tows motor vehicles from private property at a time other than the normal operating hours of the towing firm shall: (1) have an employee or agent at the telephone number provided in accordance with the first sign alternative in section 26-17.2 and/or at the storage facility so as to facilitate the return of said motor vehicle to the patron within one (1) hour of notification; or (2) have an employee or agent at the telephone number provided to the police department in accordance with section 26-17.5 so as to facilitate the return of said motor vehicle to the patron within one (1) hour of notification. In addition, each towing firm shall have adequate, accessible on site parking and hook-up space available at all times for use by any owner, custodian or other person who arrives to retrieve a vehicle.

(d)

A monetary, itemized receipt for each and every tow must be given to those persons whose vehicles have been towed by the towing service upon release of the vehicle. The information on the receipt must be clearly legible and include the time, date and place of the tow and the name of the towing service, with mailing address. The receipt must also list the amount of money paid for the release of the vehicle, any charges incurred in the tow and the reason for the charges. A copy of the receipt must be retained by the towing service. No charge shall be made for the use of tow dollies or gojacks. No charges other than those specifically authorized by this section shall be permitted.

(e)

If the owner or custodian of any vehicle not authorized to be parked on private property returns after a tow truck has arrived and is engaged in hooking up or attaching the subject vehicle to the tow vehicle, or is attached to the subject vehicle, he may reclaim the vehicle upon payment of a service fee not to exceed twenty-five dollars ($25.00). No fee in excess of twenty-five dollars ($25.00) shall be charged where the vehicle has not been removed from the lot or private property upon which it was unlawfully parked.

If the owner or custodian of any vehicle not authorized to be parked on private property returns after a tow truck has arrived, but before the vehicle has been attached, hooked up or towed, he may reclaim the vehicle without payment of a service fee.

(Ord. No. 4017-90; Ord. No. 4895-96; Ord. No. 5771-02; Ord. No. 5998-04; Ord. No. 6114-05, § 1)

Sec. 26-17.5. - Same—Police to be notified.

Prior to, or simultaneously with, the removal of any vehicle by a towing firm, it shall be the duty of the towing firm to notify the police department, by telephone or telefacsimile, of the following:

(1)

Name, address and telephone number of the towing firm and the name(s) of the person or persons making the tow;

(2)

State license plate number of the vehicle towed and vehicle identification number of the vehicle towed;

(3)

Color, make and model of the vehicle towed;

(4)

Date and time of towing;

(5)

Address of place from which vehicle was towed;

(6)

Name of person with whom this towing agreement was made; and

(7)

Address of place where vehicle is stored and telephone number of an employee or agent who can assist in recovering patron's vehicle.

Upon release or return of a vehicle to its owner, it shall be the duty of the towing firm or tow truck operator to notify the police department, by telephone or telefacsimile, within twenty-four (24) hours.

(Ord. No. 4017-90; Ord. No. 4895-96)

Sec. 26-17.6. - Same—Operator's log.

Towing firm operators shall keep a log of all vehicles towed. The log shall include the information required by subsections (1) through (7) of section 26-17.5.

Such log shall be available for inspection by the city police department during normal business hours of the tow truck operators. The log shall be retained by the towing firm for a minimum of six (6) months.

(Ord. No. 4017-90; Ord. No. 5771-02)

Sec. 26-17.7. - Same—Illegal towing.

Except when a towing firm is acting as an agent in the lawful and legal repossession of a vehicle as prescribed by law, it shall be unlawful for any person to make or to authorize a tow of a vehicle from any privately-owned property as specified in section 26-17.1 unless such property contains the proper signage in accordance with the requirements of section 26-17.2.

(Ord. No. 4017-90)

Sec. 26-17.8. - Same—Display of fees; excess charges not collectible.

All businesses engaged in the towing of 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. The owners of any place where vehicles towed without the consent of their owners are stored shall also prominently display a comprehensive list of their fees for towing, recovery or storage, as applicable, or the basis of such charges. Charges in excess of those posted shall not be collectible from any motor vehicle owner whose vehicle is towed, recovered or stored without the said vehicle owner's consent.

(Ord. No. 4017-90)

Sec. 26-17.9. - Same—Provisions not to effect abandoned vehicle article of this chapter.

The provisions of sections 26-16.1 through 26-17.10 shall not be interpreted to affect Article VII, Abandoned Vehicles, sections 26-196 through 26-201 of this chapter.

(Ord. No. 4017-90)

Sec. 26-17.10. - Violations in general.

Any person violating any provision of sections 26-17.2 through 26-17.8 shall be guilty of a Class 3 misdemeanor.

(Ord. No. 4017-90)

Sec. 26-18. - Notice of repossession of vehicle.

(a)

Where any person intends to repossess a motor vehicle in the city, notice shall be given to the police department by such person prior to the repossession of the motor vehicle. The notice need not be in writing, but shall specify the particular vehicle and the location from which it is to be repossessed, the location at which it is to be stored, the person repossessing the vehicle and the person on whose behalf the vehicle is being repossessed.

(b)

Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 2249; Code 1961, § 23-261; Ord. No. 4915-96)

Sec. 26-19. - Buying, selling, etc., vehicles or parts from which identification numbers or marks have been removed; notice to police.

No person shall knowingly buy, sell, receive, dispose of, conceal or have in his or her possession any motor vehicle, part or accessory from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, covered, altered or destroyed, for the purpose of concealing or misrepresenting the identity of such vehicle, part or accessory. Every person to whom is offered for sale any motor vehicle, part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer's serial number or any other number or identification mark shall immediately notify the chief of police of such offer.

(Ord. No. 98, § 6; Code 1961, § 6-6)

State law reference— Removing vehicle identification numbers or possession of vehicle with the numbers removed, Code of Virginia, §§ 46.2-1074, 46.2-1075.

Sec. 26-20. - Defacing, damaging, etc., traffic signs.

It shall be unlawful for any person to deface, injure, knock down or remove any sign legally posted, as provided in this chapter.

(Ord. No. 143; Code 1961, § 23-41)

State law reference— Similar provisions, Code of Virginia, § 46.2-832.

Sec. 26-21. - Visual obstructions to traffic.

(a)

No visual obstruction shall be permitted or allowed at the intersection of any streets, or point of ingress or egress to or from any street, in such a manner as to obstruct or limit free and clear vision; or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word, phrase, symbol or character in such a manner as to mislead, interfere with or create an unsafe traffic condition.

(b)

It shall be the duty of the traffic engineer or such engineer's authorized representative to make such studies and determinations as necessary to enforce the provisions of this section.

(Ord. No. 1819, § 1; Code 1961, § 23-40.1)

Sec. 26-22. - Designation of private roads and streets as highways for law enforcement purposes.

(a)

The private roads and streets in the residential development(s) set forth in subsection (b) are hereby designated, for law enforcement purposes only, as highways as defined by section 46.2-100, Code of Virginia, 1950, as amended.

(b)

The provisions of subsection (a) are applicable to the following residential development(s):

(1)

Warwick Mobile Home Estates, Ltd.
12095 Jefferson Avenue
Newport News, Virginia 23606

(2)

Villages of Kiln Creek
600 Brick Kiln Boulevard
Newport News, Virginia 23602

(3)

Americana Park East
406 Merry Oaks Drive
Newport News, Virginia 23608

(4)

Carleton Falls
c/o Community Group, Inc.
825 Diligence Drive, Suite 110
Newport News, Virginia 23606

(c)

For any additional designation of private streets and roads as highways enacted by council after July 1, 2007, such designation will apply to only residential developments containing one hundred (100) or more lots or residential dwelling units.

(Ord. No. 3664-87; Ord No. 4080-90; Ord. No. 4982-97; Ord. No. 5478-00; Ord. No. 6023-04, § 1; Ord. No. 6427-07, § 1)

Secs. 26-23—26-31. - Reserved.