HB733: Ordinances, local; vehicles blocking access to curb ramps, etc., on public or private property.


HOUSE BILL NO. 733
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Transportation
on February 19, 2014)
(Patron Prior to Substitute--Delegate Lingamfelter)
A BILL to amend and reenact § 46.2-1220 of the Code of Virginia and to repeal §§ 46.2-1306 and 46.2-1306.1 of the Code of Virginia, relating to local ordinances on parking.

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1220 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1220. Parking, stopping, and standing regulations in counties, cities, or towns; parking meters; presumption as to violation of ordinances; penalty.

The governing body of any county, city, or town may by ordinance provide for the regulation of parking, stopping, and standing of vehicles within its limits, including, but not limited to, the regulation of any vehicle blocking access to and preventing use of curb ramps, fire hydrants, and mailboxes on public or private property. Such ordinances may also include the installation and maintenance of parking meters. The ordinance may require the deposit of a coin of a prescribed denomination, determine the length of time a vehicle may be parked, and designate a department, official, or employee of the local government to administer the provisions of the ordinance. The ordinance may delegate to that department, official, or employee the authority to make and enforce any additional regulations concerning parking that may be required, including, but not limited to, penalties for violations, deadlines for the payment of fines, and late payment penalties for fines not paid when due. In a city having a population of at least 100,000, the ordinance may also provide that a summons or parking ticket for the violation of the ordinance or regulations may be issued by law-enforcement officers, other uniformed city employees, or by uniformed personnel serving under contract with the city. Notwithstanding the foregoing provisions of this section, the governing bodies of Augusta, Bath, and Rockingham Counties may by ordinance provide for the regulation of parking, stopping, and standing of vehicles within their limits, but no such ordinance shall authorize or provide for the installation and maintenance of parking meters.

No ordinance adopted under the provisions of this section shall prohibit the parking of two motorcycles in single parking spaces designated, marked, and sized for four-wheel vehicles. The governing body of any county, city, or town may, by ordinance, permit the parking of three or more motorcycles in single parking spaces designated, marked, and sized for four-wheel vehicles.

If any ordinance regulates parking on an interstate highway or any arterial highway or any extension of an arterial highway, it shall be subject to the approval of the Commissioner of Highways.

In any prosecution charging a violation of the ordinance or regulation, proof that the vehicle described in the complaint, summons, parking ticket citation, or warrant was parked in violation of the ordinance or regulation, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) of this title, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation. Violators of local ordinances adopted by Chesterfield County or James City County pursuant to this section shall be subject to a civil penalty not to exceed $75, the proceeds from which shall be paid into the locality's general fund.

2. That §§ 46.2-1306 and 46.2-1306.1 of the Code of Virginia are repealed.


HOUSE BILL NO. 733
House Amendments in [ ] -- January 30, 2014
A BILL to amend the Code of Virginia by adding a section numbered 46.2-1220.1, relating to local ordinances prohibiting parking that blocks access to mailboxes.
Patron Prior to Engrossment--Delegate Lingamfelter

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-1220.1 as follows:

§ 46.2-1220.1. Localities may by ordinance prohibit parking that blocks access to mailboxes.

The governing body of any locality may by ordinance prohibit the parking of any vehicle so as to block access to any [ residential or commercial ]  mailbox [ for the delivery of mail ]  .

HOUSE BILL NO. 733

Offered January 8, 2014
Prefiled January 7, 2014
A BILL to amend the Code of Virginia by adding a section numbered 46.2-1220.1, relating to local ordinances prohibiting parking that blocks access to mailboxes.
Patron-- Lingamfelter

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-1220.1 as follows:

§ 46.2-1220.1. Localities may by ordinance prohibit parking that blocks access to mailboxes.

The governing body of any locality may by ordinance prohibit the parking of any vehicle so as to block access to any mailbox.