Bill Text: VA HB2256 | 2021 | Regular Session | Introduced
Bill Title: Parking; localities authority to regulate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-05 - Left in Transportation [HB2256 Detail]
Download: Virginia-2021-HB2256-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §§46.2-1222 and 46.2-1222.1 of the Code of Virginia are amended and reenacted as follows:
§46.2-1222. Local regulation of parking on secondary highways.
A. Notwithstanding any other provision of law, the governing bodies of
Albemarle, Fairfax, James City, Loudoun, Montgomery, Prince George, Prince
William, and York Counties body
of any county, city, or town by
ordinance may (i) restrict or prohibit parking on any part of the state
secondary system of highways within their respective boundaries, (ii) provide
for the classification of vehicles for the purpose of these restrictions and
prohibitions, and (iii) provide that the violation of the ordinance shall
constitute a traffic infraction and prescribe penalties therefor.
B. All signs and other markings designating the areas where
parking is prohibited or restricted shall be installed by the county locality
at its expense under permit from the Virginia Department of Transportation.
C. In any prosecution charging a violation of the ordinance,
proof that the vehicle described in the complaint, summons, or warrant was
parked in violation of such ordinance, together with proof that the defendant
was at the time the registered owner of the vehicle, as required by Chapter 6 of this title (§46.2-600 et seq.), shall
give rise to a prima facie presumption that the registered owner of the vehicle
was the person who committed the violation.
D. Any ordinance adopted pursuant to this section shall
require (i) that uncontested payments of penalties for violations of the
ordinance shall be collected and accounted for by a county local officer or employee,
(ii) that the officer or employee shall report on a proper form to the
appropriate district court any person's contesting of any citation for
violation of the ordinance, and (iii) that the officer or employee shall cause
warrants to be issued for delinquent parking citations.
§46.2-1222.1. Local regulation or prohibition of parking of certain vehicles.
A. The Counties of Arlington,
Fairfax, Frederick, Hanover, Stafford, and Prince William and the Towns of
Blackstone, Cape Charles, Clifton, Herndon, Leesburg, Vienna, and West Point governing body of any county, city, or town
may by ordinance regulate or prohibit the parking on any public highway in such county or town locality of any or all of the
following: (i) watercraft; (ii) boat trailers; (iii) motor homes, as defined in
§46.2-100; and (iv) camping trailers, as defined in §46.2-100.
B. In addition to commercial vehicles defined in §46.2-1224, the governing body of any such county, city, or town may also, by
ordinance, regulate or prohibit the parking on any public highway in any
residence district as defined in §46.2-100 any or all of the following: (i)
any trailer or semitrailer, regardless of whether such trailer or semitrailer
is attached to another vehicle; (ii) any vehicle with three or more axles;
(iii) any vehicle that has a gross vehicle weight rating of 12,000 or more
pounds; (iv) any vehicle designed to transport 16 or more passengers, including the driver; and (v)
any vehicle of any size that is being used in the transportation of hazardous
materials as defined in §46.2-341.4. The provisions of any such ordinance
shall not apply to (i) (a) any commercial vehicle when
taking on or discharging passengers or when temporarily parked pursuant to the
performance of work or service at a particular location or (ii) (b) utility generators located
on trailers and being used to power network facilities during a loss of commercial
power.
