Sec. 26-107. - General authority of traffic engineer relative to parking.

The traffic engineer is hereby authorized to regulate the parking of vehicles within the city by the erection or placing of proper signs or markers indicating prohibited or limited parking, loading zones, the place and manner of parking and city parking areas and facilities. No person shall park a vehicle in violation of the directions of such signs or markers.

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

State law reference— Authority for above section, Code of Virginia, § 46.2-1220.

Sec. 26-108. - Stopping or parking prohibited in specified places.

No person shall stop or park a vehicle upon any crosswalk, or between a safety zone and curb, or within fifteen (15) feet of the ends of any obstruction opposite the vehicle.

(Ord. No. 143; Code 1961, § 23-107)

Sec. 26-108.1. - Parking in spaces reserved for persons with disabilities.

(a)

It shall be unlawful for any person to stop or park a vehicle in a parking space reserved for persons with disabilities that limit or impair their ability to walk or that create a concern for their safety while walking as defined in Section 46.2-1240 of the Code of Virginia, 1950, as amended, unless such vehicle is displaying (i) disabled parking license plates, (ii) an organizational removable windshield placard, (iii) a permanent removable windshield placard or a temporary removable windshield placard issued under Section 46.2-1241 of the Code of Virginia, 1950, as amended, or (iv) DV disabled parking license plates issued under subsection B of Section 46.2-739 of the Code of Virginia, 1950, as amended.

(b)

It shall be unlawful for a person who is not a disabled veteran, or has not been determined by a licensed physician to be disabled because of a limited or impaired ability to walk or a concern for his or her safety while walking, to stop or park a vehicle in a parking space reserved for persons with disabilities that limit or impair their ability to walk or create a concern for their safety while walking, except when transporting a person with such a disability in the vehicle that is so stopped or parked.

(c)

This section shall apply on public property and on privately owned parking areas open to the public.

(d)

Use of such special parking plates or placards by persons with disabilities that limit or impair their ability to walk or that create a concern for their safety while walking shall be limited to passenger vehicles and pickup trucks during times when the person with such a disability is being transported in the vehicle.

(e)

In the case of privately owned parking areas, a summons for violation of this section may be issued by a police officer, a volunteer serving the City of Newport News pursuant to Section 46.2-1244 of the Code of Virginia, 1950, as amended and other uniformed personnel employed by the City of Newport News, Virginia, to enforce parking regulations without the necessity of a warrant being obtained by the owner thereof.

(f)

Parking spaces reserved for persons with disabilities that limit or impair their ability to walk or that create a concern for their safety while walking shall be identified in accordance with the provisions of Section 36-99.11 of the Code of Virginia, 1950, as amended. However, no violation of this ordinance, which has been adopted pursuant to Section 46.2-1242 of the Code of Virginia, 1950, as amended, shall be dismissed for a property owner's failure to comply strictly with the requirements for disabled parking signs set forth in Section 36-99.1 of the Code of Virginia, 1950, as amended, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk.

(g)

Any person convicted of violating any provision of this section shall be punished by a fine of not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00). No portion of said fine below one hundred fifty dollars ($150.00) may be suspended.

(Ord. No. 2612-80; Ord. No. 3321-85; Ord. No. 3744-88; Ord. No. 4255-91; Ord. No. 4768-95; Ord. No. 5079-97; Ord. No. 5179-98; Ord. No. 5146-98, § 1; Ord. No. 5577-01; Ord. No. 6002-04)

Sec. 26-109. - Manner of stopping.

(a)

Unless in an emergency or where otherwise indicated by signs or markers, or to allow another vehicle or pedestrians to cross in front, no vehicle shall be stopped in any street except close to and parallel with the curb of the street.

(b)

Except as hereinafter provided, no vehicle shall be stopped except close to the right-hand curb and parallel with the curb of the street.

(c)

No vehicle shall be stopped with its left side to the curb except upon two-lane streets in single-family, multiple-family and town house dwelling districts and upon all one-way streets.

(d)

This section shall not apply to vehicles owned or operated by merchants while actually receiving and delivering merchandise, nor to vehicles stopped in loading zones in compliance with section 26-124

(Ord. No. 143; Ord. No. 2254; Code 1961, § 23-108)

Sec. 26-110. - Stopping for purpose of advertising or sale.

Stopping a vehicle at any time upon any street for the purpose of advertising any article of any kind, or displaying thereon advertisements of any articles, or for advertisements or sale of the vehicle itself, is prohibited.

(Ord. No. 143; Code 1961, § 23-109)

Cross reference— Advertising, Ch. 3.

Sec. 26-111. - Repairing vehicles in streets.

No machine shop, automobile dealer, automobile service station or other establishment for the repair or adjustment of vehicles shall use the public streets, sidewalks or alleys for repairing vehicles. In case of necessity, vehicles may be stopped in public streets or alleys for the replacement of tires or minor adjustments only, but shall not then be stopped in such manner as to impede traffic.

(Ord. No. 143; Code 1961, § 23-110)

Sec. 26-112. - Leaving unattended child in locked vehicle.

It shall be unlawful for any person to leave any child, under the age of ten (10) years, unless attended by a person over ten (10) years of age, in a parked or stopped motor vehicle on the streets or alleys of the city, if the doors of such motor vehicle are locked and the windows closed, so that the doors cannot be opened from the outside.

(Ord. No. 143; Code 1961, § 23-111)

Sec. 26-113. - Backing to curb.

No vehicle shall be backed to the curb, except during the time actually engaged in loading or unloading merchandise therefrom.

(Ord. No. 143; Code 1961, § 23-112)

Sec. 26-114. - Parallel parking.

Except upon streets designated and marked for angle parking, or where backing to the curb is permitted, motor vehicles shall not be parked less than three (3) feet apart, nor with the near wheels further than twelve (12) inches from the curb.

(Ord. No. 143; Code 1961, § 23-113)

Sec. 26-115. - Angle parking.

(a)

For the convenience of the public, the traffic engineer is hereby vested with authority to designate and distinctly mark off certain blocks or portions thereof in the streets of the city within vehicles maybe stopped at such angles to the curbline as may be designated by such markings, and thereafter vehicles, at such points, may be lawfully parked within and as indicated by such marks and not otherwise.

(b)

Angle parking, where heretofore permitted by the cities of Newport News and Warwick, shall be permitted until such times as changed by the traffic engineer or by ordinance.

(Ord. No. 143; Code 1961, § 23-116)

Sec. 26-116. - Parking within designated spaces.

It shall be unlawful for any person to park any vehicle on the streets or avenues of the city where lines or markings are painted or buttons or any other markings are placed, except within the spaces indicated for such parking. Every vehicle parked alongside of or next to any curbing shall be parked within the lines or markings or buttons as established. It shall be unlawful to park any vehicle across any such lines or markings or buttons or to park such vehicle in such a position that the same shall not be entirely within the area so designated by such lines or markings or buttons.

(Ord. No. 143; Code 1961, § 23-115)

Sec. 26-117. - Double parking.

(a)

It shall be unlawful for vehicles to be stopped two (2) or more abreast parallel with the curb, except in funeral processions; provided, that the double parking of trucks for loading and unloading of merchandise at a point immediately opposite the place of receipt or delivery, but not within twenty-five (25) feet of the nearest building line of an intersecting street or another double parked truck, shall be permitted for a period of time necessary for such loading and unloading, provided no parking space within fifty (50) feet of the point of delivery or loading is available. Such double parking, however, is subject to the right of any police officer to cause such truck to be moved when necessary to relieve or prevent congestion of traffic.

(b)

Such double parking as is permitted in subsection (a) is subject to the prohibitions and restrictions heretofore adopted by the former cities of Newport News and Warwick which prohibitions are hereby expressly continued in effect until such time as they may be changed by the traffic engineer or by ordinance.

(Ord. No. 143; Ord. No. 1626, § 1; Code 1961, §§ 23-103, 23-117)

Sec. 26-118. - Parking on one-way street.

On all one-way streets in the city, parking shall be in the direction of moving traffic, except on such streets where parking on both sides is prohibited.

(Ord. No. 143; Code 1961, § 23-114)

Sec. 26-119. - Parking on sidewalks.

Except as provided by ordinance, it shall be unlawful for any person to place or park any motor vehicle or trailer upon any sidewalk of the city.

(Ord. No. 143; Code 1961, § 23-118)

Sec. 26-120. - Lights on parked or stopped vehicles.

Whenever a vehicle is parked or stopped upon a street or highway, whether attended or unattended, during the period from one-half (½) hour after sunset to one-half (½) hour before sunrise, there shall be displayed upon such vehicle one (1) or more lamps projecting a white or amber light visible, in clear weather, from a distance of five hundred (500) feet to the front of such vehicle and projecting a red light visible under like conditions from a distance of five hundred (500) feet to the rear; provided, however, that no lights need be displayed upon any such vehicle when parked in accordance with the provisions of this chapter. A violation of this section shall be punished as prescribed in section 26-2.

(Ord. No. 143; Code 1961, § 23-6)

State law reference— Similar provisions, Code of Virginia, § 46.2-1037.

Sec. 26-121. - Two-hour parking limit for certain vehicles.

Except as otherwise provided by law, it shall be unlawful for any person to park a motor vehicle, trailer or semi-trailer with a gross vehicle weight rating in excess of one (1) ton upon any street or avenue in the city for a longer period of time than two (2) hours, except (i) in front or to the side of a building used primarily as a place of business by the owner of such vehicle, or (ii) in front or to the side of a structure to which or from which active loading operations are being conducted; provided, however, that where a lesser parking period is prescribed and designated on any street or avenue, then the parking of all vehicles shall be limited to the lesser parking period so designated.

(Ord. No. 469, § 1; Ord. No. 2225; Code 1961, § 23-120; Ord. No. 3222-84; Ord. No. 5300-99; Ord. No. 5339-99)

Sec. 26-122. - Exemptions from parking time limits.

Vehicles of regularly licensed practicing physicians, public health nurses and public health department tuberculosis outreach workers, while such physicians, public health nurses and public health department tuberculosis outreach workers are in the discharge of their professional duties, and which vehicles bear an insignia or sign prescribed by the chief of police, may be parked in limited parking zones or areas for a period of time not to exceed three (3) hours at any one (1) time.

(Ord. No. 143; Code 1961, § 23-127; Ord. No. 4742-95; Ord. No. 4907-96)

Sec. 26-123. - Removing, altering, etc., marks placed on tire of parked vehicle by any police officer, parking enforcement officer, or conservator of the peace.

(a)

It shall be unlawful for any person to cover up or in any manner remove, alter or tamper with any chalk mark or other mark, which has been placed by a police officer, parking enforcement officer, or conservator of the peace on the tire of a vehicle in order to measure the length of time such vehicle has been parked in a particular parking place, while such vehicle is parked on the public streets of this city.

(b)

Any person convicted of violating any provision of this section shall be punished by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00).

(Ord. No. 1204, § 1; Code 1961, § 23-119.1; Ord. No. 3442-86)

Sec. 26-124. - Loading zones.

(a)

A loading zone shall be construed to mean a portion of a street adjacent to a curb, shall be limited to spaces in front or to the sides of stores, warehouses and places of business where merchandise or material is unloaded or loaded for receipt of distribution, shall be located only at such places as shall be determined and designated by the traffic engineer and shall be designated and marked as a "no parking, loading zone."

(b)

All loading zones determined and designated by the traffic engineer shall be open and available for all businesses and shall not be for the exclusive use of any individual person, store, business, warehouse or place of business.

(c)

No vehicle, except such as is used for the act of loading or unloading merchandise or material, shall be parked in a loading zone between the hours designated by the traffic engineer for such purpose. Any person violating this subsection, as indicated by the sign so placed, shall, upon conviction, be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

(Ord. No. 1684, § 1; Code 1961, § 23-33)

Sec. 26-125. - Parking on land of another without authority.

It shall be unlawful for any person to park or leave any motor vehicle, trailer, semi-trailer, or parts thereof on the private property of any other person without his consent.

(Ord. No. 143; Code 1961, § 23-119; Ord. No. 4026-90)

Sec. 26-126. - Parking lot operators not to park vehicles on streets.

(a)

It shall be unlawful for any person who operates a lot or place for the storage or parking of vehicles for others, whether compensated therefor or not, and for any agent or employee of such person, to store, place or park any vehicle, after it has been delivered into such person's care, custody or control, upon any highway, street or road, or to order, cause or permit the same to be parked anywhere but on the lot at which the owner of the vehicle has delivered care, custody or control of the vehicle to the operator, agent or employee of such person.

(b)

Any person convicted of a violation of this section shall be punished by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00).

(Ord. No. 1204, § 1; Code 1961, § 23-119.1)

Sec. 26-126.1. - Parking of certain vehicles on streets in residential districts prohibited; exceptions.

(a)

It shall be unlawful for any person to park or permit to be parked in the streets of the city, in any residential district, any vehicle whose overall length exceeds twenty (20) feet, or whose overall width exceeds eight (8) feet, or whose overall height exceeds eight (8) feet, between the hours of 7:00 p.m. of any day and 6:00 a.m. of the following day, except on Friday, Saturday and Sunday, and between the hours of 6:00 p.m., on Friday and 6:00 a.m., the following Monday, except for the purpose of taking on or discharging passengers or cargo. The city manager may promulgate a policy to address criteria under which unlawfully parked vehicles may be towed.

(b)

This section shall not apply to the following: (1) vehicles bearing disabled parking license plates, or displaying a permanent removable or temporary removable windshield placard as issued by the commissioner of the department of motor vehicles of the Commonwealth of Virginia; (2) public safety, public works or public utility vehicles while on duty and actively engaged in required job functions, regardless of size, including, but not limited to vehicles operated as the Newport News Police Department's Mobile Station, Tactical Unit and DUI Enforcement Trailer; and (3) tow trucks that are on call for the purpose of removing disabled vehicles. The terms "on duty" and "actively engaged" as used in subsection (b)(2) shall not include periods of time during which a vehicle operator is in an "on call" status or otherwise waiting for orders or instructions.

(Ord. No. 4973-96; Ord. No. 4977-96)

Sec. 26-127. - General penalty for violation of article.

Any person convicted of violating any provision of this article for which no penalty is specifically provided shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

(Ord. No. 143; Ord. No. 223; Code 1961, §§ 23-129, 23-130; Ord. No. 3321-85, § 1)

Sec. 26-128. - Notice of certain parking violations.

(a)

The chief of police is hereby authorized to approve and have prepared notices which charge that a person has:

(1)

Violated the parking restrictions provided for in section 26-107

(2)

Parked on a crosswalk in violation of section 26-108

(3)

Parked with the left side of the vehicle to the curb in violation of section 26-109

(4)

Backed to the curb in violation of section 26-113

(5)

Parked too far from the curb in violation of section 26-114

(6)

Improperly parked in a designated parking space in violation of section 26-116

(7)

Double parked in violation of section 26-117

(8)

Parked on the wrong side of a one-way street in violation of section 26-118

(9)

Parked on a sidewalk in violation of section 26-119

(10)

Parked for over two (2) hours in violation of section 26-121

(11)

Parked in a loading zone in violation of section 26-124

(12)

Parked in a "no parking" zone in violation of section 26-136 or 26-139

(13)

Parked improperly in a metered space or zone in violation of section 26-150

(14)

Parked overtime in a metered space or zone in violation of section 26-151 or 26-152

(15)

Parked in a loading zone, bus stop or taxi stand in violation of section 26-155

(16)

Parked a vehicle other than a passenger automobile or other permitted vehicle in a metered parking lot in violation of section 26-164

(17)

Parked improperly in a metered parking lot in violation of section 26-167

(18)

Parked overtime in a metered parking lot in violation of section 26-168 or 26-169

(19)

Parked in front of fire hydrant or any driveway in violation of Section 46.2-1239 of the Code of Virginia.

(b)

The chief of police is hereby authorized to approve and have prepared notices which charge that a person has:

(1)

Parked on private property without owner's consent in violation of section 26-125

(2)

Parked in funeral zone in violation of section 26-138

(3)

Left motor running on unattended vehicle in violation of Section 46.2-1071 of the Code of Virginia, 1950, as amended;

(4)

Parked in violation of the residential parking permit program as provided for in Article IX of this chapter;

(5)

Parked in violation of residential district parking regulations for oversized vehicles as provided for in section 26-126.1

(6)

Parked near an intersection in violation of section 26-108.2.

(c)

The chief of police is hereby authorized to approve and have prepared notices which charge that a person has failed to obtain and display any required decal or displayed a decal after its expiration date in violation of section 26-54.

(d)

The chief of police is hereby authorized to approve and have prepared notices which charge that a person has improperly parked in a space designated for handicapped parking in violation of section 26-108.1

(e)

The chief of police is hereby authorized to approve and have prepared notices which charge that a person has improperly parked in a fire lane in violation of section 26-141

(f)

A notice approved by the chief of police under subsection (a), (b), (c) (d) or (e) above may be affixed, by a police officer or other authorized representative of the police department, to the windshield wiper, steering apparatus or other plainly visible portion of any motor vehicle involved in a violation specified in subsection (a), (b), (c) (d) or (e) above. Such notices shall be upon a printed form, which clearly indicates the specific violation charged and the time thereof. Such notice shall be deemed due notice to the registered owner of such motor vehicle of the specific violation set out therein.

(Ord. No. 143; Ord. No. 1436, § 1; Ord. No. 1745; Code 1961, § 23-36; Ord. No. 2483-78, § 1; Ord. No. 2613-80, § 1; Ord No. 2858-81; Ord. No. 3744-88; Ord. No. 3958-89, § 1; Ord. No. 4135-90; Ord. No. 4315-92, § 1; Ord. No. 5006-97; Ord. No. 5043-97; Ord. No. 5179-98; Ord. No. 5487-00, § 1)

Editor's note—

At the request of the city, the state law references in section 26-128(b)(3), (4) have been amended to read as herein set out.

Sec. 26-129. - Right of person receiving notice under section 26-128 to waive court appearance and pay fine to city treasurer.

(a)

Every person to whom due notice of a violation is given pursuant to section 26-128(a) may waive his/her right to appear and to be formally tried for the violation set forth in the notice; and upon the voluntary payment of a twenty dollar ($20.00) fine, or a fifteen dollar ($15.00) fine if the fine is paid to the city treasurer within five (5) business days of the issuance of such notice, such person shall not be required to appear before the traffic court for trial upon the charge set forth in such notice. In the event that no voluntary payment is received by the city treasurer by close of business thirty (30) days from the date of the first notice of violation, or received by the city treasurer by mail postmarked within thirty (30) days of the first notice of violation, the chief of police shall cause a second notice of violation to be mailed to the owner of the vehicle at his last known address or at the address shown for such violator on the records of the department of motor vehicles. The second notice shall be contained in an envelope bearing the words "law enforcement notice" stamped or printed on the face thereof in type at least fourteen (14) point or one-half (½) inch in height. Upon the voluntary payment of the twenty dollar ($20.00) fine plus the twenty-five dollar ($25.00) processing fee to the city treasurer within ten (10) business days from the date of the mailing of the second notice, or if received by the city treasurer by mail postmarked within ten (10) business days from the date of the mailing of the second notice sent by the chief of police, such person shall be deemed to have waived his right to appear and be formally tried, and shall not be required to appear before the traffic court for trial upon the charges set forth in such notice.

(b)

Every person to whom due notice of a violation is given pursuant to section 26-128(b) may waive his/her right to appear and to be formally tried for the violation set forth in the notice; and upon the voluntary payment of a twenty-five dollar ($25.00) fine, or a twenty dollar ($20.00) fine if the fine is paid to the city treasurer within five (5) business days of the issuance of such notice, such person shall not be required to appear before the traffic court for trial upon the charge set forth in such notice. In the event that no voluntary payment is received by the city treasurer by close of business thirty (30) days from the date of the first notice of violation, or received by the city treasurer by mail postmarked within thirty (30) days of the first notice of violation, the chief of police shall cause a second notice of violation to be mailed to the owner of the vehicle at his last known address or at the address shown for such violator on the records of the department of motor vehicles. The second notice shall be contained in an envelope bearing the words "law enforcement notice" stamped or printed on the face thereof in all capital letters, bold face type, no smaller than the print type size used for the primary address on the envelope. If "window" envelopes are used, the words "Law-Enforcement Notice" shall be clearly visible through the window of the envelope. Upon the voluntary payment of the twenty-five dollar ($25.00) fine plus the twenty-five dollar ($25.00) processing fee to the city treasurer within ten (10) business days from the date of the mailing of the second notice, or if received by the city treasurer by mail postmarked within ten (10) business days from the date of the mailing of the second notice sent by the chief of police, such person shall be deemed to have waived his right to appear and be formally tried and shall not be required to appear before the traffic court for trial upon the charges set forth in such notice.

(c)

Every person to whom due notice of a violation is given pursuant to section 26-128(c) may waive his/her right to appear and to be formally tried for the violation set forth in the notice; and upon the voluntary payment of a one hundred dollar ($100.00) fine, or a ninety-five dollar ($95.00) fine if the fine is paid to the city treasurer within five (5) business days of the issuance of such notice, such person shall not be required to appear before the traffic court for trial upon the charge set forth in such notice. In the event that no voluntary payment is received by the city treasurer by close of business thirty (30) days from the date of the first notice of violation, or received by the city treasurer by mail postmarked within thirty (30) days of the first notice of violation, the chief of police shall cause a second notice of violation to be mailed to the owner of the vehicle at his last known address or at the address shown for such violator on the records of the department of motor vehicles. The second notice shall be contained in an envelope bearing the words "law enforcement notice" stamped or printed on the face thereof in type at least fourteen (14) point or one-half (½) inch in height. Upon the voluntary payment of the one hundred dollar ($100.00) fine plus the twenty-five dollar ($25.00) processing fee to the city treasurer within ten (10) business days of the mailing of the second notice, or if received by the city treasurer by mail postmarked within ten (10) business days from the date of the mailing of the second notice sent by the chief of police, such person shall be deemed to have waived his right to appear and be formally tried and shall not be required to appear before the traffic court for trial upon the charges set forth in such notice.

(d)

Every person to whom due notice of a violation is given pursuant to section 26-128(d) may waive his/her right to appear and to be formally tried for the violation set forth in the notice; and upon the voluntary payment of a one hundred fifty dollar ($150.00) fine, or a one hundred twenty-five dollar ($125.00) fine if the fine is paid to the city treasurer within five (5) business days of the issuance of such notice, such person shall not be required to appear before the traffic court for trial upon the charge set forth in such notice. In the event that no voluntary payment is received by the city treasurer by close of business thirty (30) days from the date of the first notice of violation, or received by the city treasurer by mail postmarked within thirty (30) days of the first notice of violation, the chief of police shall cause a second notice of violation to be mailed to the owner of the vehicle at his last known address or at the address shown for such violator on the records of the department of motor vehicles. The second notice shall be contained in an envelope bearing the words "law enforcement notice" stamped or printed on the face thereof in type at least fourteen (14) point or one-half (½) inch in height. Upon the voluntary payment of the one hundred fifty dollars ($150.00) fine plus a twenty-five dollar ($25.00) processing fee to the city treasurer within ten (10) business days of the mailing of the second notice, or if received by the city treasurer by mail postmarked within ten (10) business days from the date of the mailing of the second notice sent by the chief of police, such person shall be deemed to have waived his right to appear and be formally tried and shall not be required to appear before the traffic court for trial upon the charges set forth in such notice.

(e)

Every person to whom due notice of a violation is given pursuant to section 26-128(e) may waive his/her right to appear and to be formally tried for the violation set forth in the notice; and upon the voluntary payment of a fifty dollar ($50.00) fine, or a forty-five dollar ($45.00) fine if the fine is paid to the city treasurer within five (5) business days of the issuance of such notice, such person shall not be required to appear before the traffic court for trial upon the charge set forth in such notice. In the event that no voluntary payment is received by the city treasurer by close of business thirty (30) days from the date of the first notice of violation or received by the city treasurer by mail, postmarked within thirty (30) days of the first notice of violation, the chief of police shall cause a second notice of violation to be mailed to the owner of the vehicle at his last known address or at the address shown for such violator on the records of the department of motor vehicles. The second notice shall be contained in an envelope bearing the words "law enforcement notice" stamped or printed on the face thereof in type at least fourteen (14) point or one-half (½) inch in height. Upon the voluntary payment of a fifty dollar ($50.00) fine plus a twenty-five dollar ($25.00) processing fee to the city treasurer within ten (10) business days of the mailing of the second notice, or received by the city treasurer by mail postmarked within ten (10) business days from the date of the mailing of the second notice sent by the chief of police, such person shall be deemed to have waived his right to appear and be formally tried and shall not be required to appear before the traffic court for trial upon the charges set forth in such notice.

(f)

"Business day" as used in this section shall exclude weekends and federal, state and local holidays.

(Ord. No. 143; Ord. No. 1436, § 1; Ord. No. 1745; Code 1961, § 23-36; Ord. No. 2488-78, § 1; Ord. No. 2651-50; Ord. No. 3321-85; Ord. No. 3744-88; Ord. No. 4255-91; Ord. No. 4315-92, § 1; Ord. No. 4490-93; Ord. No. 5179-98; Ord. No. 5270-99; Ord. No. 5487-00, § 1; Ord. No. 5819-02, § 1)

Sec. 26-130. - Presumption in prosecutions for parking violations.

In any prosecution charging that a vehicle has been parked in violation of any provision of this article or other ordinance of the city, proof that the vehicle described in the complaint, summons or warrant was parked in violation of any such provision, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicles, as required by Chapter 6 (section 46.2-600 et seq.) of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred.

(Ord. No. 975, § 1; Ord. No. 1373, § 1; Ord. No. 1374, § 1; Ord. No. 1436, § 1; Ord. No. 1437, § 1; Ord. No. 1438, § 1; Ord. No. 1684, § 1; Ord. No. 1745; Code 1961, §§ 23-36, 23-39, 23-144, 23-158; Ord. No. 3958-89, § 1)

State law reference— Similar provisions, Code of Virginia, § 46.2-1220.

Sec. 26-131. - Removal of motor vehicles against which there are outstanding parking violations.

(a)

Whenever there is found any motor vehicle parked upon the public streets or highways or public grounds against which there are three (3) or more outstanding unpaid or otherwise unsettled parking violation notices, such vehicle may, by towing or otherwise, be removed or conveyed to a place in the city designated by the chief of police for the temporary storage of such vehicle. The removal or conveyance of the vehicle shall be by, or under the direction of, an officer or member of the police department, or other authorized agent of the city.

(b)

It shall be the duty of the officer or member of the police department, or other authorized agent of the city, removing such motor vehicle or under whose direction such vehicle is removed to inform as soon as practicable the owner of the removed vehicle of the nature and circumstances of the prior unsettled parking violation notices, for which or on account of which, such vehicle was removed.

(c)

The owner of such removed motor vehicle, or other duly authorized person, shall be permitted to repossess the vehicle by payment of outstanding parking violation notices for which the vehicle was removed and by payment of all reasonable costs incidental to the removal and storage of the vehicle, and the efforts to locate the owner of the vehicle. Should such owner fail or refuse to pay such owner be unknown and unascertainable, any such motor vehicle may be sold in accordance with the procedures set forth in Title 46.2 of the Code of Virginia, 1950, as amended.

(Ord. No. 3321-85; Ord. No. 5301-99; Ord. No. 5340-99; Ord. No. 5376-99)

Secs. 26-132—26-135. - Reserved.