Chapter 10.05
MOTOR VEHICLES AND TRAFFIC*
Sections:
10.05.020 Compliance with chapter – General penalty for violations.
10.05.030 Applicability of chapter to vehicles regardless of ownership.
10.05.040 Application of chapter to persons riding bicycles or mopeds or riding or driving animals.
10.05.050 Enforcement of chapter and direction of traffic by police.
10.05.060 Emergency powers of chief of police to regulate or prohibit traffic or parking.
10.05.070 Authority of fire department officers to direct traffic.
10.05.080 Compliance with orders of police and fire department officials.
10.05.090 General authority of city manager as to traffic and parking fines, etc.
10.05.100 Adoption of state law.
10.05.110 Duty of driver to remove temporarily disabled vehicle.
10.05.120 Authority of police to remove vehicle involved in accident from street.
10.05.130 Identification of funeral processions.
10.05.140 Riding on portion of vehicle not intended for passengers.
10.05.150 Boarding or alighting from moving vehicle.
10.05.160 Terminals for intercity buses.
10.05.170 Pedestrians to obey traffic signs, signals, etc.
*Charter reference – Authority of council to prescribe traffic regulations, § 11(15).
Cross references – Driving vehicle to scene of fire, SCC 2.70.060; license tax on automobile graveyards, SCC 3.10.060; taxicabs, Ch. 5.30 SCC; maximum level of sound emitted by motor vehicles, SCC 8.25.120; permit for use of loud speakers on vehicles, SCC 8.25.130; restriction on sounding of vehicle warning devices, SCC 8.25.140; noise from loading and unloading operations, SCC 8.25.150; sound trucks, SCC 8.25.200 et seq.; transportation of garbage on streets, SCC 8.30.040; operation of motor vehicles in parks, SCC 9.05.080(3); bicycles, Ch. 10.40 SCC; streets and sidewalks, Title 12.
State law reference – General authority of city relative to traffic, Code of Virginia, § 46.2-1300 et seq.
10.05.010 Definitions.
All definitions of words and phrases contained in the state law adopted by SCC 10.05.100 shall apply to such words and phrases, when used in this chapter, unless clearly indicated to the contrary. (Code 1985, § 16-1).
10.05.020 Compliance with chapter – General penalty for violations.
It shall be unlawful for any person to refuse, fail or neglect to comply with any of the provisions of this chapter. Unless otherwise specifically provided, a violation of this chapter shall constitute a traffic infraction punishable by a fine of not more than $100.00. (Code 1964, § 15-16; Code 1985, § 16-2).
State law reference – Similar provisions applicable to violations of state traffic laws, Code of Virginia, § 46.2-113, city prohibited from imposing penalty for traffic violation which is greater than penalty imposed by state for similar offense, § 46.2-1300.
10.05.030 Applicability of chapter to vehicles regardless of ownership.
The provisions of this chapter applicable to the drivers of vehicles upon the streets shall apply to the drivers of all vehicles regardless of ownership, subject to such specific exceptions as are set forth in this chapter. (Code 1964, § 15-2; Code 1985, § 16-3).
State law reference – Similar provisions as to state traffic regulations, Code of Virginia, § 46.2-801.
10.05.040 Application of chapter to persons riding bicycles or mopeds or riding or driving animals.
Every person riding a bicycle, moped or an animal upon a street and every person driving an animal thereon shall be subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions which, by their very nature, can have no application. (Code 1964, § 15-3; Code 1985, § 16-4; Amended during the 2003 reformat).
Cross references – Animals, Title 6; bicycles, Ch. 10.40 SCC.
State law reference – Similar provisions as to state traffic regulations, Code of Virginia, § 46.2-800.
10.05.050 Enforcement of chapter and direction of traffic by police.
It shall be the duty of the officers and crossing guards of the police department, or such officers as are assigned by the chief of police, to enforce this chapter and all other traffic ordinances of this city and all of the state motor vehicle laws applicable to street traffic in this city. Officers and crossing guards of the police department, or such officers as are assigned by the chief of police, are hereby authorized to direct all traffic, by voice, hand or signal, in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. (Code 1985, § 16-5; Amended during the 2003 reformat).
State law references – Duty of police to enforce state traffic laws, Code of Virginia, § 46.2-102; direction of traffic by police, § 46.2-1309.
10.05.060 Emergency powers of chief of police to regulate or prohibit traffic or parking.
During any emergency, the chief of police shall have power to regulate or prohibit traffic or parking on any street within the city. (Code 1985, § 16-6).
10.05.070 Authority of fire department officers to direct traffic.
Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (Code 1985, § 16-7).
Cross reference – Fire department, SCC 2.70.010 et seq.
10.05.080 Compliance with orders of police and fire department officials.
No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official given pursuant to authority granted in this chapter. (Code 1985, § 16-8).
10.05.090 General authority of city manager as to traffic and parking fines, etc.
(1) The city manager may cause appropriate signs to be erected and maintained, designating residence and business districts, streets and railway grade crossings and such other signs as may be deemed necessary to carry out the provisions of this chapter and to control traffic.
(2) The city manager shall have power to provide for the regulation of traffic by means of traffic officers or lights or other traffic control devices on any portion of a street where traffic is heavy or continuous or where, in the city manager’s judgment, conditions may require.
(3) Even if not specifically mentioned otherwise in provisions of the Staunton City Code, the city manager is authorized and has the power to make and enforce any additional regulations concerning parking that may be required, including, but not limited to, a schedule of penalties for violations, deadlines for the payment of fines, and late payment penalties for fines not paid when due. The city manager shall at least 30 days before the effective date of such schedule post the schedule in at least one public place and on the city’s website and notify city council of the schedule. (Ord. 2016-10. Code 1964, §§ 15-18, 15-23; Code 1985, § 16-9).
10.05.100 Adoption of state law.
Pursuant to the authority of Section 46.2-1300 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.2 of the Code of Virginia, as amended, except those provisions and requirements a violation of which constitutes a felony or a Class 1 or 2 misdemeanor, and except those provisions and requirements which, by their very nature, can have no application to or within the city, are hereby adopted and incorporated in this chapter by reference and made applicable within the city. References to “highways of the state” contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the city. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the city to violate or fail, neglect or refuse to comply with any provision of Title 46.2 of the Code of Virginia which is adopted by this section; provided, that in no event, shall the penalty imposed by the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 of the Code of Virginia. (Code 1985, § 16-10; Ord. 10-25-90).
10.05.110 Duty of driver to remove temporarily disabled vehicle.
The driver of any vehicle which is temporarily disabled while on the paved surface of a street shall remove the same as expeditiously as conditions and circumstances may permit. (Code 1964, § 15-117; Code 1985, § 16-11).
10.05.120 Authority of police to remove vehicle involved in accident from street.
Whenever a motor vehicle, trailer or semitrailer involved in an accident is found upon a city street and is so located as to impede the orderly flow of traffic, the police may, at no cost to the owner or operator, remove such motor vehicle, trailer or semitrailer from the street to some point in the vicinity where such motor vehicle, trailer or semitrailer will not impede the flow of traffic. (Code 1985, § 16-12).
State law reference – Authority for above section, Code of Virginia, § 46.2-1212.
10.05.130 Identification of funeral processions.
A funeral composed of a procession of vehicles shall be identified as such by the burning of the headlights on each such vehicle or by such other method as may be determined and designated by the police department. (Code 1985, § 16-13).
10.05.140 Riding on portion of vehicle not intended for passengers.
No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise. (Code 1985, § 16-14).
10.05.150 Boarding or alighting from moving vehicle.
No person shall board or alight from any vehicle while such vehicle is in motion. (Code 1985, § 16-15).
10.05.160 Terminals for intercity buses.
All persons operating buses for the transportation of passengers for hire between the city and points outside the city shall operate their buses into not more than two bus terminals located at such points within the city as may be approved by the city council, which terminals shall be located on private property and not within the street lines of the city. (Code 1964, § 15-125; Code 1985, § 16-16).
10.05.170 Pedestrians to obey traffic signs, signals, etc.
Pedestrians shall obey signs and signals erected on streets for the direction and control of travel and traffic and they shall obey the orders of police officers engaged in directing travel and traffic on the highways and streets. Violations of this section shall be punished by a fine not exceeding $5.00 for each offense. (Code 1985, § 16-17).
State law reference – Authority for above section, Code of Virginia, § 46.2-935.