§ 102-243. Parking violations; written notices; issuance of warrant or summons; penalty for noncompliance  


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  • (a) Every person receiving written notice of a parking violation, issued by a duly authorized law enforcement officer or agent of the city, may waive the right to appear and to be formally tried for the offense charged in the notice, upon payment of the fine set forth in subsection (b) of this section and specified in the notice. Payment shall be by check, draft or money order, and payment shall be made either:

    (1) By presenting the notice and payment in person to the cashier, parking violations section of the department of finance, within 15 days after the date on which the notice of a parking violation was issued; or

    (2) By placing the notice and payment in the reply envelope to be provided with the notice, and mailing it to the cashier, parking violations section of the department of finance.

    If the notice and payment are mailed, the reply envelope must be postmarked within 15 days after the date on which the notice of a parking violation was issued.

    (b) The following fines shall be imposed for parking violations when a person voluntarily waives the right to appear and be formally tried for the offense charged:

    (1) Fine of $20.00.

    a. Exceeding the time limit designated on signs, in violation of section 102-221, 102-271, or 102-274

    b. Violation of parking meter provisions, in violation of section 102-272

    c. Parking improperly in a metered onstreet parking space, in violation of section 102-272(c).

    d. Parking improperly in a metered off-street parking area, in violation of section 102-272(d).

    e. Parking oversized vehicles improperly in metered spaces, in violation of section 102-272(e).

    f. Parking in a metered or nonmetered parking space, in violation of section 102-272(f).

    g. Parking or stopping on the wrong side of the street, in violation of Code of Virginia, § 46.2-889.

    (2) Fine of $40.00.

    a. Parking in any location in violation of section 102-222, to include the following places:

    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.

    5. On a crosswalk.

    6. Within 20 feet of a crosswalk at an intersection.

    7. In front of a ramp leading to the crosswalk at an intersection or located at any other point along a curb, constructed for use of handicapped persons.

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

    9. 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.

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

    11. Within 15 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted.

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

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

    14. At any place where official signs prohibit parking, or during street cleaning.

    15. At any place where an order, rule, or regulation issued under section 2-454 prohibits or restricts parking.

    b. Parking in any lane marked and designated as a "fire lane," within or adjacent to a parking area or parking lot that is open to the public and which is designed to accommodate 50 or more vehicles, in violation of section 102-224

    c. Parking so as to block an alley or to block a driveway into an alley, in violation of section 102-226

    (3) Fine of $50.00. Parking in excess of the time limit designated on signs in a restricted parking district established pursuant to section 102-301 without a valid parking decal, temporary parking pass or visitor's parking pass for that restricted parking district issued pursuant to section 102-302

    (4) Fine of $60.00.

    a. Parking in a tow-away zone.

    b. Parking in a bus zone or taxicab stand, in violation of section 102-240

    (5) Fine of $120.00. Parking in violation of section 102-227

    (6) Fine of $200.00.

    a. Parking in handicap zone, in violation of section 102-225

    b. Parking in front of a ramp constructed for use of handicapped persons, in violation of section 102-222(a)(7).

    (c) Whenever a reply envelope is used for transmitting any notice and payment by mail to the cashier, parking violations section of the department of finance, the responsibility for ensuring receipt of the envelope by the cashier shall be that of the person who received the notice of a parking violation.

    (d) Any person who receives a notice of parking violation and elects not to waive the right to appear and to be formally tried for the offense charged in the notice shall, within 15 days after the notice was issued, appear before the clerk of the general district court, traffic division, in order to have such person's case certified for trial. Upon trial and conviction of the offense charged in the notice, such person shall be fined the amount set forth in subsection (b) of this section and specified in the notice.

    (e) If any person receives a notice of parking violation and neither submits timely payment of the specified fine in the manner set forth in subsection (a) of this section nor exercises in a timely manner the right to appear and to be formally tried in the manner set forth in subsection (d) of this section, on the 16th day after the date on which the notice of a parking violation was issued, such person shall be liable for the amount of the fine set forth in subsection (b) of this section plus a penalty in the amount of $10.00. Such person shall also pay an additional $10.00 penalty for each 30-day period thereafter until the amount of the fine and all penalties are paid in full. However, for any outstanding parking violation, regardless of when it was issued, the total amount of penalties shall not exceed the amount of the original fine. If the fine and penalty are not paid, the collector of city taxes or a duly designated representative may cause a summons to be issued or pursue any other collection action authorized by law.

    (f) Any person who has received a notice of parking violation and who has failed to submit payment in a timely manner under subsection (a) or (e) of this section or who has failed in a timely manner to exercise the right provided under subsection (d) of this section shall, upon conviction, be subject to the penalties provided under law for a traffic infraction.

(Code 1993, § 28-223; Ord. No. 2003-303-261, § 1, 9-22-2003; Ord. No. 2004-297-289, § 3, 11-8-2004; Ord. No. 2005-303-259, § 1, 11-28-2005; Ord. No. 2009-20-41, § 1, 3-23-2009; Ord. No. 2009-187-208, § 2, 11-23-2009; Ord. No. 2010-55-52, § 1, 3-22-2010)