§ 13-41. Unlawful parking generally.

(a)

No person shall park a vehicle on county-owned or other public property in violation of any of the provisions of this subsection. Any person who receives written notice from a police officer or sheriff's deputy that he has committed any of the offenses listed in this subsection may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $25.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $25.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the offense set forth in the notice. Such offenses shall include parking a vehicle:

(1)

On a sidewalk.

(2)

In front of a public or private driveway.

(3)

Within an intersection.

(4)

Within 15 feet of a fire hydrant or in any way that obstructs a fire hydrant.

(5)

In a crosswalk.

(6)

Within 20 feet of a crosswalk at an intersection.

(7)

Within 30 feet of the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway.

(8)

Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings.

(9)

Within 50 feet of the nearest rail of a railroad grade crossing.

(10)

Within 20 feet of the driveway entrance to any fire station, or when posted, within 75 feet of the entrance on the side of a street opposite the entrance to any fire station.

(11)

Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.

(12)

On the roadway side of a vehicle parked at the edge or curb of a street.

(13)

Upon any bridge or other elevated structure on a street or highway or within a tunnel.

(14)

At any place where official signs prohibit parking. For purposes of this section, the term "official sign" shall mean any sign erected, constructed, or created by either the Virginia Department of Transportation or the County of Chesterfield which conforms to the physical requirements set forth in the Manual on Uniform Traffic Control Devices and which is installed for the purpose of regulating vehicular parking within the county, either on a temporary or permanent basis.

(15)

More than 18 inches from the curb in areas where parking is permitted.

(16)

Within any established fire lane.

(17)

In a permitted parking space for any period of time over the posted time limit for such parking space.

(18)

On any county-owned property where such parking is prohibited or violates any county regulation. For the purposes of this subsection (a)(18), the county administrator is hereby authorized and directed to adopt regulations that prohibit parking vehicles on county-owned property, to classify vehicles with reference to parking, to designate the time, place and manner in which such vehicles may be allowed to park and to revoke, alter or amend such regulations at any time when, in his opinion, parking conditions require. The chief of police shall enforce such regulations pursuant to the requirements of this section. With respect to the parking lots adjacent to the county jail and the county court facilities, the sheriff may also enforce such regulations pursuant to the requirements of this section. As agent for the county, the chief of police shall, when appropriate, provide for towing and removing motor vehicles in violation of this subsection pursuant to the authority set forth in Code of Virginia, §§ 46.2-1231—46.2-1233, as amended.

(19)

On or in any street, alley or parkway for the purpose of selling or offering the vehicle for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley or parkway in the county indicating that such vehicle is offered for sale or for rent. It shall also be unlawful to park any vehicle from which any merchandise is being sold on any street in a business district. It also shall be unlawful to stop a vehicle at any time upon the highway for the purpose of advertising any article of any kind, or to display on the vehicle advertisement for any article, including advertising the sale of the vehicle itself.

(20)

On or alongside the roads, highways and streets of the county or of the state in the county, when such person is parking the vehicle for commercial purposes. The provisions of this paragraph (20) shall not apply to motor vehicle carriers when picking up or delivering passengers or merchandise.

(21)

Having no current state or county license on any highway when such license is required by law.

(22)

In a manner that prevents the use of a curb ramp located on public property or on private property which is open to the public.

(b)

No person shall park a vehicle on private property, including private parking lots open to the public and designated to accommodate more than 50 vehicles, in violation of the provisions of this subsection (b). Any person who receives a written notice from a police officer that he has committed any of the offenses listed in this subsection (b) may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $25.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $25.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the offense set forth in the notice. Such offenses shall include parking a vehicle:

(1)

On a sidewalk.

(2)

In front of a public or private driveway.

(3)

Within an intersection.

(4)

Within 15 feet of a fire hydrant or in any way obstructing such fire hydrant.

(5)

In a crosswalk.

(6)

Within 20 feet of a crosswalk at an intersection.

(7)

Within 30 feet of the approach to any flashing beacon, stop or traffic-control signal located at the side of a roadway.

(8)

Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings.

(9)

Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.

(10)

On the roadway side of any vehicle parked at the edge or curb of a street.

(11)

At any place where official signs prohibit parking.

(12)

In designated travel lanes established for such parking lots.

(13)

Within any established fire lane.

(14)

On any private lot or lot area without the express or implied consent of the owner thereof. Wherever signs or markings have been erected on any lot or lot area contiguous or adjacent to a street, thoroughfare or alley which indicate that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into such lot or area for the purpose of standing or parking such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot area.

(15)

In such a manner that prevents the use of a curb ramp located on public property or on private property which is open to the public.

(c)

It shall be unlawful for any person to park a motor vehicle in violation of the provisions of this subsection (c). Any person who receives written notice from a police officer that he has committed the offense set forth in this subsection (c) may waive his right to appear and be formally tried for the offense. The waiver shall be effective when the person (i) voluntarily pays $100.00 to the county treasurer's office within five days after receipt of the notice or (ii) voluntarily places $100.00 in the reply mail envelope on which the notice of violation is printed and mails it to the county treasurer's office so that it is postmarked within five days after receipt of the notice. Such person shall not thereafter be required to appear before the general district court for trial upon the offense set forth in such notice. Such offense shall include parking a vehicle: In a parking space reserved for the handicapped on public property or at privately-owned retail, commercial, office or business parking lots or facilities. The provisions of subsection (c) shall not apply to (i) any handicapped person possessing and properly displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued by the state department of motor vehicles under Code of Virginia, § 46.2-731, or any other person transporting a handicapped person displaying such plate or placard; or, (ii) any disabled veteran driving a motor vehicle displaying disabled parking license plates issued under Code of Virginia, § 46.2-739, or any other person transporting a disabled veteran in a motor vehicle displaying such license plates.

(d)

Whenever a "reply mail" envelope is used for transmitting any cash, check, draft or money order by mail to the county treasurer's office, under the provisions of this section, the registered owner of the vehicle that was parked in violation of this section shall be responsible for ensuring that the cash, check, draft or money order is received by the county treasurer.

(e)

Any person who receives a notice pursuant to subsection (a), (b) or (c) of this section and who wishes to contest the offense cited in the notice, may, within five days after receipt of the notice, appear at the county treasurer's office to have his case placed on the court docket for trial. The contest of the parking notice shall be certified to the appropriate general district court by the county treasurer's office on an appropriate form. The contest of the parking notice shall be certified by the clerk of the general district court to be placed on the court's docket for trial.

(f)

Any person who receives a notice pursuant to subsection (a), (b) or (c) of this section, and who fails to comply with subsections (a) through (e) of this section within five days shall be assessed an additional penalty as follows:

(1)

Failure to comply with notice issued pursuant to subsection (a) or contest citation under subsection (e): $10.00.

(2)

Failure to comply with notice issued pursuant to subsection (b) or contest citation under subsection (e): $10.00.

(3)

Failure to comply with notice issued pursuant to subsection (c) or contest citation under subsection (e): $15.00.

In addition, a summons may be issued for such person under Code of Virginia, §§ 46.2-941 and 46.2-1225, as amended.

(Code 1978, § 14.1-14; Ord. of 3-13-96, § 1; Ord. of 8-26-98, § 1; Ord. of 12-19-01, § 1; Ord. of 5-28-14(2), § 1; Ord. of 8-22-18(2), § 1)

State Law reference— Basis of this section, Code of Virginia, §§ 46.2-1220, 46.2-1221, 46.2-1224, 46.2-1225, 46.2-1237, 46.2-1239, 46.2-1306.

(Code 1978, § 14.1-14; Ord. of 3-13-96, § 1; Ord. of 8-26-98, § 1; Ord. of 12-19-01, § 1; Ord. of 5-28-14(2), § 1; Ord. of 8-22-18(2), § 1)

State law reference

Basis of this section, Code of Virginia, §§ 46.2-1220, 46.2-1221, 46.2-1224, 46.2-1225, 46.2-1237, 46.2-1239, 46.2-1306.