Chapter 10.25 STOPPING, STANDING AND PARKING*

*Cross references – Prohibited conduct on parking lots, SCC 9.05.100; parking bicycles in downtown or other commercial areas, SCC 10.40.140; parking facilities in subdivisions, SCC 17.15.260.

State law reference – Authority for local parking regulations, Code of Virginia, § 46.2-1220.

Article I. Generally

10.25.010 Stopping and parking generally.

(1) Unless in an emergency or otherwise indicated by signs or to allow another vehicle or a pedestrian to cross in front, no vehicle shall be stopped in any street except close to and parallel with the curb, and in no instance shall vehicles be parked less than four feet apart, nor with the wheels further than 12 inches from the curb.

(2) Except upon one-way streets, no vehicle shall be parked except within 12 inches of the right-hand curb, unless otherwise provided by the council or by regulations of the city manager.

(3) Vehicles shall not be stopped in such manner as to block or obstruct the orderly and lawful passage of other traffic, nor between a safety zone and curb, nor within 15 feet of the ends of any obstruction opposite the vehicle. Vehicles stopped two or more abreast parallel with the curb shall be deemed to obstruct traffic in violation of this subsection.

(4) The provisions of subsections (1) and (2) of this section shall not apply to any vehicle so positioned in a parking space designated by painted lines that no portion of the vehicle extends over such painted lines. (Code 1964, §§ 15-57.2, 15-117; Code 1985, § 16-101; Ord. 1-13-00).

10.25.020 Stopping for the purpose of advertising.

It shall be unlawful for any person to stop a vehicle at any time, upon any street, for the purpose of advertising any article of any kind, or displaying thereupon advertisements of any article, or advertisement for the sale of the vehicle itself. (Code 1964, § 15-117; Code 1985, § 16-102).

Cross reference – Advertising, Ch. 8.05 SCC.

10.25.030 Leaving vehicle on paved, improved or main-traveled portion of certain streets.

No person shall leave standing any vehicle, attended or unattended, upon the paved, improved or main-traveled portion of any street outside of a business or residence district, when it is practicable to leave such vehicle standing off the paved, improved or main-traveled portion of such street. (Code 1964, § 15-117; Code 1985, § 16-103).

10.25.040 Regulation of parking by city manager.

(1) The city manager may adopt and put into effect regulations, not inconsistent with this chapter, designating the time, place and manner that vehicles may be parked on the city streets and shall make and enforce such additional rules and regulations as parking conditions may require.

(2) When any regulation is made pursuant to this section and when appropriate signs or markers have been erected giving notice thereof, it shall be unlawful for any person to violate such regulation. (Code 1964, § 15-17.1; Code 1985, § 16-104).

10.25.050 General parking prohibitions.

(1) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:

(a) On a sidewalk.

(b) In front of a driveway.

(d) Within 20 feet of a crosswalk at an intersection.

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

(f) 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.

(g) Within 50 feet of the nearest rail or a railroad grade crossing.

(h) On the side of a street opposite the entrance to any fire station, within 75 feet of such entrance, when properly posted.

(i) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic.

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

(k) Upon any bridge or other elevated structure upon a street or within a tunnel.

(l) In any area or space on public or private property open for parking to the public designated and marked as a “fire lane.”

(m) At any place where official signs prohibit parking.

(n) In any parking space marked “Reserved Parking” unless the vehicle so parked is entitled to reserved parking in that particular space.

(o) At any place that obstructs access to a city water meter.

(2) For any violation of subsection (1)(l) of this section, the penalty shall be a fine in an amount as specified in a schedule as promulgated from time to time by the city manager and any law enforcement officer may (a) attach the notice of violation to the vehicle set forth in SCC 10.25.380 and/or (b) may remove the vehicle or have the vehicle removed to a storage area for safekeeping and shall report the removal to the Department of Motor Vehicles of the commonwealth of Virginia and to the owner (with the notice of violation attached) as promptly as possible, all as provided in Section 46.2-1211 of the Code of Virginia (1950), as amended. Before obtaining possession of his property, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage.

(3) For any violation of subsection (1)(n) or (o) of this section, the penalty shall be a fine in an amount as specified in a schedule as promulgated from time to time by the city manager and any law enforcement officer may (a) attach the notice of violation to the vehicle as set forth in SCC 10.25.380 and/or (b) may remove the vehicle or have the vehicle removed in accordance with Section 46.2-1213(B) of the Code of Virginia (1950), as amended, the provisions of which are incorporated herein by reference. Such removal shall be reported immediately to the city manager or assistant city manager and to the chief of police of the city of Staunton, and, as promptly as possible, to the owner of the vehicle. (Ord. 2016-11. Code 1964, § 15-119; Ord. 6-9-83, § 2; Code 1985, § 16-105; Ord. 12-17-92; Ord. 12-14-00; Ord. 10-24-02; Amended during the 2003 reformat).

10.25.060 Parking unlicensed vehicle.

It shall be unlawful for any person to park, on any street or parking lot belonging to or operated by the city, any vehicle on which currently legal license plates and decals are not properly displayed, as required by state law and this chapter. (Code 1964, § 15-34; Code 1985, § 16-106).

10.25.070 Parking in space reserved for the handicapped.

(1) No vehicles other than those displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued under Section 46.2-1241 of the Code of Virginia, or Disabled Veteran (DV) parking license plates issued under Subsection B of Section 46.2-739 of the Code of Virginia, shall be parked in any parking spaces reserved for persons with disabilities.

(2) No person without a disability that limits or impairs his ability to walk shall park a vehicle with the license plates and/or placards set forth above in subsection (1) of this section in a parking space reserved for persons with disabilities that limit or impair their ability to walk except when transporting a disabled person in the vehicle.

(3) A summons or parking ticket for an offense in violation of this section may be issued by law enforcement officers, volunteers serving in units established pursuant to Section 46.2-1244, and other uniformed personnel employed by the city of Staunton to enforce parking regulations, without the necessity of a warrant being obtained by the owner of a private parking area.

(4) Parking a vehicle in a space reserved for persons with disabilities in violation of this section shall be punishable by a fine in an amount as specified in a schedule as promulgated from time to time by the city manager.

(5) In any prosecution charging a violation of this section, proof that the vehicle described in the complaint, summons, parking ticket, citation or warrant was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Chapter 6 (Section 46.2-600 et seq.) of Title 46.2 of the Code of Virginia, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.

(6) No violation of this section shall be dismissed for a property owner’s failure to strictly comply with the requirements for disabled parking signs set forth in Section 36-99.11 of the Code of Virginia, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk.

(7) The provisions of Sections 46.2-1247, 46.2-1248, 46.2-1249, 46.2-1250, 46.2-1251, 46.2-1252, and 46.2-1253 of the Code of Virginia (1950), as amended, relating to counterfeiting disability licenses or placards, use of counterfeit disability licenses or placards, alteration of disabled licenses or placards, unauthorized use of disabled licenses or placards, fraudulently obtaining a disabled license or placard, selling or exchanging a disabled license or placard and providing to another such licenses or placards without sale or exchange of consideration, are incorporated herein by reference.

(8) Upon conviction of a violation set forth in the sections of the Code of Virginia incorporated herein by reference (set forth in subsection (7) of this section), the court shall send notice of the conviction and the number of the license plate or placard involved to the Commissioner of the Department of Motor Vehicles for the Commonwealth of Virginia. (Ord. 2016-11. Code 1985, § 16-107; Ord. 12-10-98; Amended during the 2003 reformat).

State law reference – Code of Virginia, § 46.2-1242 et seq.

10.25.080 Time limit for parking on city streets and in or on city-owned parking facilities – Storage prohibited.

(1) It shall be unlawful for any person to park any vehicle on any street and leave such vehicle standing for a period of more than seven consecutive days.

(2) It shall be unlawful for any person, firm or corporation to store any vehicle on or in a city-owned parking facility without obtaining a permit therefor. For the purposes of this section, any vehicle parked within or upon a city-owned facility for seven consecutive 24-hour periods, without being taken from the facility during that time, shall be considered a stored vehicle.

(3) The city manager, in his discretion, may issue a temporary permit allowing storage upon application therefor in unusual or special circumstances. The permit shall state the dates of permitted storage and be displayed in plain view inside the vehicle.

(4) The presumption set forth in SCC 10.25.420 is incorporated herein by reference.

(5) For a violation of this section, there shall incur a fine in an amount as specified in a schedule as promulgated from time to time by the city manager for the first violation in any 12-month period and penalty of a fine in an amount as specified in a schedule as promulgated from time to time by the city manager for subsequent violations within said 12-month period. The notice provision of SCC 10.25.410 shall apply prior to the issuance of a summons hereunder. (Ord. 2016-11. Code 1964, § 15-124; Code 1985, § 16-108; Ord. 1-13-00).

10.25.090 Time limit for parking at library.

(1) Except for emergencies and inoperable vehicles and excepting vehicles of employees of the city of Staunton having business at the Staunton Public Library, no vehicle shall be parked on the parking premises of the Staunton Public Library between the hours of 10:00 p.m. and 6:00 a.m. the following morning.

(2) Whenever special events are being held at the library lasting beyond 9:00 p.m., patrons of those events shall nevertheless be permitted to park until one hour following the termination of the event.

(3) In the case of emergencies or inoperable motor vehicles, the owner or custodian of such vehicle shall proceed to have such vehicle removed from the premises of the library as soon as reasonably possible, but, in any case, within 24 hours of the emergency or disability. (Code 1964, § 15-126; Code 1985, § 16-109; Ord. 6-9-88; Ord. 3-13-97).

Cross reference – Libraries, Ch. 2.75 SCC.

10.25.100 Time limit for parking inoperable vehicles.

It shall be unlawful for any person to park or store, for more than 24 hours, on any street or any parking lot belonging to or operated by the city, any motor vehicle which is incapable of being operated. (Code 1985, § 16-110).

Cross reference – Open storage of inoperable vehicles, SCC 9.05.200.

10.25.110 Time limit for parking in loading zone/customer pickup zone.

(1) No motor vehicle, trailer or semitrailer shall be parked on or in any loading zone for commercial purposes longer than is actually necessary to load or unload freight or merchandise.

(2) No noncommercial motor vehicle shall be parked on or in any customer pickup zone for a period in excess of 15 minutes. (Code 1964, § 15-122; Code 1985, § 16-111; Ord. 6-9-88).

10.25.120 Parking of trucks, motor homes, etc.

(1) No truck, tractor truck, trailer, semitrailer, motor home, bus or school bus shall be parked at any time on the street of any residential area of the city of Staunton, except when such vehicle is being operated in its normal course of business such as pickup and delivery of goods to homes or businesses in such area.

(2) The definition of the above-described vehicles shall be the same as those definitions set forth in Section 46.2-100 of the Code of Virginia as amended from time to time; except, however, the following definitions apply:

(a) “Truck” means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross vehicle weight rating in excess of 13,000 pounds or a vehicle height of not more than eight feet. Vehicle height shall be the distance, measured vertically, from the ground to the highest point of the vehicle, including any features such as toppers, racks, cargo boxes, or any other feature that performs a similar function, or mechanical and electrical equipment;

(b) “Bus” means a motor vehicle designed, or intended, or used to carry 16 or more passengers.

(3) “Residential areas” as used herein shall mean those areas zoned R-1, R-2, R-3, R-4, R-5, and R-6 of the zoning code of Staunton.

(4) No vehicle described in subsection (1) of this section shall be parked upon any street within the city between 12:00 midnight and 6:00 a.m. except when actively engaged in normal pickup and delivery of goods to homes or businesses within the area.

(5) Any person, firm or corporation convicted of a violation of this section shall incur a fine in an amount as specified in a schedule as promulgated from time to time by the city manager. (Ord. 2016-11; Ord. 2012-07. Code 1964, § 15-123; Code 1985, § 16-112; Ord. 6-9-88; Ord. 9-14-00).

10.25.130 Parking or stopping of bus for purpose of loading or unloading passengers.

No person operating a bus for the transportation of passengers for hire between the city and points outside the city shall park or leave standing such bus in the streets of the city while loading or unloading passengers or waiting to begin a trip out of the city. This shall not prevent any such bus from being stopped at a street corner for the purpose of taking on or discharging passengers at a point along the route of such bus between the bus terminal and the corporate limits of the city while the bus is en route between such terminal and the point outside of the city, either ingoing or outgoing; provided, however, that no such stop shall be made within the congested business area of the city bounded on the north by the south side of Frederick Street, on the east by the west side of New Street, on the south by the south side of Johnson Street and on the west by the east side of Lewis Street. (Code 1964, § 15-125; Code 1985, § 16-113).

10.25.140 Parking for purpose of repairing vehicle.

No person shall park a vehicle on any street for the principal purpose of repairing such vehicle, except for repairs necessitated by an emergency. (Code 1985, § 16-114).

10.25.150 Backing to curb.

No vehicle shall be backed up to a curb, except that, in the loading zone on the north side of Middlebrook Avenue, from its intersection with South Augusta Street for a distance of 76.45 feet, vehicles may be backed to the curb for loading and unloading purposes only; provided, that between the hours of 8:00 a.m. and 6:00 p.m., no vehicle may remain backed to the curb for loading and unloading purposes in such zone for more than two consecutive hours, unless an emergency permit is obtained from the chief of police. In issuing such emergency permit, the chief of police shall consider, among other things, the danger, if any, to perishable goods, if such permit is not issued. (Code 1964, § 15-117; Code 1985, § 16-115; Amended during the 2003 reformat).

10.25.160 Sale of merchandise from vehicle parked in business district.

(1) It shall be unlawful for any person to sell any merchandise from any vehicle while such vehicle is parked upon any street in a business district.

(2) A violation of this section shall constitute a Class 4 misdemeanor.

(3) This section shall not apply to any sale lawfully made pursuant to the provisions of Chapter 10.30 SCC. (Code 1964, § 15-120; Code 1985, § 16-116).

Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.

10.25.170 Use of city parking lots for commercial purposes.

It shall be unlawful for any person to use any part of any parking lot belonging to or operated by the city for the purpose of parking or storing thereon any motor vehicle for commercial purposes. The storing or parking of each such motor vehicle on any such lot shall be regarded as a separate offense under this section. (Code 1985, § 16-117).

10.25.180 Charge for parking in city-owned attendant-operated parking lot.

(1) The rate for parking in a parking facility shall be as established by the city manager, with the approval of the council.

(2) It shall be unlawful for any person to remove a vehicle from a city-owned parking facility before paying the attendant the full amount due for the parking of such vehicle or presenting to the attendant a properly validated ticket; provided, however, if no attendant is on duty at the time of such removal of a vehicle, the person removing the same shall, within 48 hours after such removal, pay the attendant at such parking facility the amount due for the parking of such vehicle, or present to the attendant a properly validated ticket. There shall be a prima facie presumption that any vehicle removed from a parking facility contrary to the provisions of this section was removed by the registered owner of the same. (Code 1985, § 16-118; Ord. 12-9-99).

10.25.190 Free parking on streets and in city-owned parking lots.

(1) The city manager may designate certain blocks or portions thereof and certain city-owned parking lots within the parking meter zones as free parking areas, subject to the time limitations and enforcement provisions contained herein pursuant to authority provided in SCC 10.25.040.

(2) A time limitation of two hours is hereby established as the maximum limit for free parking as provided in this section.

(3) Those veterans of military service in one of the branches of armed forces of the United States who are former prisoners of war and/or who have been awarded the Purple Heart and whose vehicle has been issued license plates by the Commonwealth of Virginia bearing Purple Heart and/or former POW designations may park such vehicle without charge at or in city streets, lots, or parking garages. Notwithstanding the foregoing, however, all other parking regulations and time limits herein contained shall be applicable to such vehicles.

(4) If a city street or parking lot is designated a two-hour parking area, it shall be unlawful for a person, firm, or corporation to park a vehicle continuously in such street or lot for a time in excess of two hours.

(5) In the case of a violation of subsection (4) of this section, the owner of the vehicle involved shall incur a fine in an amount as specified in a schedule as promulgated from time to time by the city manager.

(6) Notwithstanding subsection (5) of this section, if the owner of the vehicle involved is guilty of a violation of subsection (4) of this section more than five times in a 12-month period, the penalty shall be a fine in an amount as specified in a schedule as promulgated from time to time by the city manager. (Ord. 2016-11; Ord. 2004-11; Ord. 2004-07. Code 1985, § 16-119; Ord. 4-8-93; Ord. 5-13-99; Ord. 12-14-00; Ord. 5-8-03; Amended during the 2003 reformat).

Article II. Parking Meters*

*State law reference – Authority of city with respect to parking meters, Code of Virginia, § 46.2-1220.

10.25.200 Establishment of meter zones.

(1) Parking meter zones in the city shall be such as are established by the city council or by the city manager, with the approval of the council.

(2) Nothing in this code or the ordinance adopting this code shall affect any ordinance establishing or designating parking meter zones and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code. (Code 1964, § 15-157; Code 1985, § 16-124).

10.25.210 Application of article to city parking meter lots.

City-owned parking meter lots shall be subject to the applicable provisions of this article. (Code 1964, § 15-175; Code 1985, § 16-125).

10.25.220 Installation of meters and marking of parking spaces.

(1) It shall be the duty of the city manager to cause to be installed parking meters and to cause parking meter spaces to be designated in parking meter zones established in accordance with the provisions of this article.

(2) The city manager shall place or cause to be placed lines or marks on the curb or on the street about or alongside of each parking meter to designate the parking meter space for which such meter is to be used.

(3) Parking meters shall be placed upon the curb alongside of or next to individual parking places designated as herein provided. Each such meter shall be so set as to show or display a signal that the parking meter space assigned to it is or is not in use. (Code 1964, §§ 15-161, 15-162, 15-164; Code 1985, § 16-126).

10.25.230 Specifications.

Each parking meter installed under this article shall be so set as to display a signal showing legal parking for the time specified on the meter, upon the deposit therein of the coin or coins of the United States of America indicated on the meter. Each such parking meter shall continue in operation from the time of depositing such coin until the expiration of the time fixed as the parking limit for the part of the street upon which the meter is placed. Each parking meter shall also be so arranged that, upon the expiration of the parking limit, it will indicate, by mechanical operation and proper signal, that the lawful parking period has expired. (Code 1964, § 15-165; Code 1985, § 16-127).

10.25.240 Maintenance.

The city manager, or such other officers and employees of the city as he may select, shall provide for the regulation, control, operation and use of the parking meters provided for in this article and shall maintain such meters in good workable condition. (Code 1964, § 15-163; Code 1985, § 16-128).

10.25.250 Rates and parking time.

The coins to be deposited in parking meters installed under this article and the length of time vehicles may be parked in parking meter spaces adjacent to which parking meters are so installed shall be in accordance with the legend appearing upon such meters. (Code 1964, § 15-158; Code 1985, § 16-129).

10.25.260 Hours of operation.

From 9:00 a.m. to 5:00 p.m. each day, except Saturdays, Sundays and legal holidays recognized by the city council, parking meters in parking meter zones established under this article shall be regarded as being in operation and compliance with the provisions of this article concerning the deposit of coins and operation of such meters shall be required. (Code 1964, § 15-159; Code 1985, § 16-130; Ord. 12-11-86; Ord. 9-22-88).

10.25.270 Required use of metered spaces.

In parking meter zones created in accordance with the provisions of this article, there shall be no parking except in parking meter spaces, except as otherwise specifically provided in this article. (Code 1964, § 15-160; Code 1985, § 16-131).

10.25.280 Method of parking in metered space.

Any vehicle parked in a parking meter space designated pursuant to this article shall be parked with the hood of such vehicle alongside of or next to the parking meter for such space and within the lines marked on the street for such space. (Code 1964, § 15-169; Code 1985, § 16-132).

10.25.290 Deposit of coin required – Overtime parking generally.

(1) When any vehicle is parked in any parking meter space designated as provided in this article, the driver of such vehicle shall, upon entering the parking space, immediately deposit a coin of the United States of America, of such denomination as is indicated on the meter, in the parking meter alongside of or next to such space and such space may then be used by such vehicle during the time indicated on the meter. If such vehicle shall remain parked in such parking meter space beyond the parking limit, as indicated by the parking meter signal, such vehicle shall be considered as parked overtime and the parking of a vehicle overtime in any part of a street where any such meter is located shall be unlawful. It shall also be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name to be parked overtime or beyond the lawful period of time as herein described.

(2) The operator of any vehicle owned by the state, any political subdivision of the state or the United States, while engaged in governmental activity, may park such vehicle within parking meter zones designated pursuant to this article, for a period not to exceed 15 minutes, without being subject to the provisions of this section. (Code 1964, §§ 15-166, 15-173; Code 1985, § 16-133).

10.25.300 Parking meter permit – Exemption.

The operator of any vehicle that possesses a valid and current parking meter permit issued by the city may park such vehicle within the parking meter spaces regulated by 10-hour-limit parking meters placed within the parking meter zones designated pursuant to this article for an indefinite period without being subject to the provision of this section unless said parking requires special restriction as ordered by the chief of police. (Code 1985, § 16-133; Ord. 10-24-91).

10.25.310 Extension of time limit by deposit of additional coins.

It shall be unlawful for any person, except a police officer or parking enforcement officer carrying out a duly authorized courtesy ticket plan, to deposit or cause to be deposited in a parking meter any coin for the purpose of extending the parking time beyond twice the time fixed for parking in the parking meter space. (Code 1964, § 15-167; Code 1985, § 16-134; Ord. 6-9-88; Ord. 3-26-92).

10.25.320 Parking when signal indicates that time has expired.

It shall be unlawful for any person to permit a vehicle to remain or be placed in a parking meter space alongside of or next to which any parking meter is placed while such meter is displaying a signal showing that such vehicle has already been parked beyond the parking time fixed for such space unless such vehicle is displaying a valid and current parking meter permit issued by the city and such parking meter space is regulated by a 10-hour-limit parking meter. (Code 1964, § 15-168; Code 1985, § 16-135; Ord. 10-24-91).

10.25.330 Purpose of required deposit.

The coins required to be deposited or the permit fees as provided in this article are hereby levied as police regulation and inspection fees to cover the costs involved in the inspection, installation, regulation, operation, control and use of the parking spaces and parking meters described in this article. (Code 1964, § 15-171; Code 1985, § 16-136; Ord. 10-24-91).

10.25.340 Reserving or blocking metered spaces.

(1) When reserving or blocking a metered parking space is required due to special loading or unloading requirements or nonconstruction service or repair work or other unique occasion, special authorization for this may be obtained and a bag cover will be provided which, when placed over the meter, will designate that space for special use. Such authorization shall be granted and such bag will be provided subject to the following conditions:

(a) Individuals or businesses shall pay a fee equivalent to 10 hours’ full utilization of the meter at the hourly rate indicated on the meter, plus a deposit for the bag which will be refundable upon timely return of the bag.

(b) Tax-exempt, nonprofit organizations will not be required to pay the hourly fee, but will be required to pay the refundable deposit.

(c) Special use blocking of a meter and space shall not be for longer than three days, nor shall more than three spaces be so blocked, except upon written application and approval by the chief of police.

(d) Fees may be paid and bags picked up from and returned to the police department during normal working hours.

(2) Only those vehicles for which the special parking authorization provided for in this section was obtained may be parked in the authorized space.

(3) When reserving or blocking a metered parking space is required due to construction, renovation or demolition, special authorization for this may be obtained from the city manager and a bag cover will be provided at no cost to the contractor or the developer. In such case, all other applicable requirements of this section remain in force. (Code 1985, § 16-137; Ord. 9-13-90).

10.25.350 Loading and unloading spaces in meter zones (including customer pickup zones).

(1) On each side of the street in each block of those streets designated as parking meter zones, the city manager, where it is practicable to do so, the public good is not infringed upon and there is no undue interference with the free movement of traffic, shall cause to be created a space for the loading and unloading of delivery vehicles and in such loading and unloading space there shall be no parking meter installed.

(2) Where a loading and unloading space is created pursuant to this section, the following regulations shall apply, between 8:00 a.m. and 6:00 p.m., with respect to the use of such space:

(a) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of materials, in such space and all delivery vehicles using such space shall be identified by the owner’s or company’s name in letters on both sides of the vehicle.

(b) If the time required to load or unload a delivery vehicle is over 30 minutes, a special permit must be obtained from the chief of police.

(c) In such case where a customer pickup zone is created, no noncommercial vehicle may occupy this space in excess of 15 minutes for any purpose. (Code 1964, § 15-172; Code 1985, § 16-138; Ord. 6-9-88).

10.25.360 Parking meter permits and 10-hour-limit parking meters.

In parking meter zones created in accordance with this article, there shall be parking meters which permit parking for a period up to 10 hours. These meters shall function like all others and be subject to all applicable provisions of this article, except that a permit shall be established to allow unlimited parking at a 10-hour parking meter without the deposit of coins. Such a parking meter permit shall be subject to regulations developed and administered by the city manager with the consent of city council. Such regulations shall include, but not be limited to, the number of permits to be issued, the fee for such a permit, the hours of permit applicability, and any other requirements deemed necessary and proper by the city manager. (Code 1985, § 16-139; Ord. 10-24-91).

Article III. Parking Violations

10.25.370 Police to report and make complaint.

In the event of a violation of the parking regulations set forth in this chapter, the police officer or parking enforcement officer charged with the duty of enforcing such parking regulations shall take the number of any parking meter involved in the violation in question, the state license number of the vehicle, the length of time during which the vehicle is parked in violation of this chapter and any other information or data pertinent to the violation in question and report the same to the police department and make proper complaint regarding such violation. (Code 1964, § 15-177; Code 1985, § 16-144; Ord. 6-9-88).

10.25.380 Notice to be attached to vehicle.

Each officer reporting a violation as provided in SCC 10.25.370 shall attach to the vehicle in question a notice to the owner thereof to the effect that such vehicle has been parked in violation of a provision of this chapter and instructing such owner when and where to report with reference to such violation. (Code 1964, § 15-178; Code 1985, § 16-145).

10.25.390 Penalty – Generally.

In the event the violation indicated in the notice required by SCC 10.25.380 involves any of the following:

(1) Parking within 20 feet of the curb line of an intersecting street;

(2) Stopping a vehicle on a crosswalk;

(3) Where parallel parking is permitted, parking so that any part of the vehicle extends beyond the interior of the delineated parking space or, in the case where parking spaces are not delineated, where the curbside wheel or wheels are more than 12 inches from the curb;

(4) Parking on an angle;

(5) Parking within 15 feet of a fire hydrant;

(6) Parking or stopping with the left side to the curb, except on one-way streets;

(7) Parking in a prohibited zone;

(8) Parking in a loading zone;

(9) Parking in a manner to block the entrance to a driveway;

(10) Parking in a prohibited alley or blocking an alley;

(11) Double parking;

(12) Parking in a bus zone;

(13) Where angle or 90-degree parking is permitted, parking so that any part of the vehicle extends beyond the interior of the delineated parking space or, in the case where parking spaces are not delineated, where the nearest wheel or wheels are more than 12 inches from the curb;

(14) Parking on a sidewalk;

(15) Parking in violation of SCC 10.25.070;

(16) Parking a noncommercial vehicle in a customer pickup zone in excess of the 15-minute time limit;

(17) Parking in violation of SCC 10.25.060;

(18) Parking in violation of SCC 10.25.120;

the owner or operator of the vehicle involved may, within 24 hours of the time when such notice was attached to the vehicle, pay, as a penalty for said violation, the sum set forth on the notice for the particular violation indicated. If said payment is not made within the time set forth therein, a “Law-Enforcement Notice” shall be sent to the violator followed in due course by a summons to court, all as set forth in SCC 10.25.410. (Code 1964, § 15-180; Ord. 11-23-82; Code 1985, § 16-146; Ord. 6-9-88; Ord. 12-17-92; Ord. 10-26-95; Ord. 1-13-00; Ord. 9-14-00).

State law reference – Provision to be made for uncontested payment of parking citations, Code of Virginia, §§ 46.2-1225 – 46.2-1229. Provision for use of notice and summons, Code of Virginia, §§ 19.2-76.2; 19.2-76.3; 46.2-941.

10.25.400 Same – Meter violations.

(1) In the event of a parking violation hereunder involving overtime parking, either parking beyond the time limit of a metered space or beyond the time limits provided in SCC 10.25.190(2), a courtesy ticket may be issued to the vehicle owner/operator allowing the owner/operator to deposit a sum, in an amount as specified in a schedule as promulgated from time to time by the city manager, in the receptacles placed in the vicinity for such purpose, in lieu of any other penalty provided for such violation.

(2) Notwithstanding the foregoing, however, in the event a vehicle is overparked as set forth above and remains in violation for 30 minutes measured from the time a courtesy ticket is issued with respect thereto, a second ticket may be issued for such violation affixing a penalty of a fine in an amount as specified in a schedule as promulgated from time to time by the city manager for such violation if paid by the owner/operator within 10 days by deposit in the receptacles placed for such purpose, or by otherwise paying the same to the treasurer for the city of Staunton.

(3) Upon failure of such owner or operator to make such payment within such 10-day period, an additional penalty of a fine in an amount as specified in a schedule as promulgated from time to time by the city manager shall be considered due and payable in addition to the original penalty thus creating an administrative penalty to compensate the said city for its efforts to notify the owner or operator of such vehicle that a summons to appear in the appropriate district court for the city shall be issued for the prosecution of the violation indicated through the aforementioned notice unless said violation and penalty is paid to and received by the treasurer for the city of Staunton in 10 days.

(4) Upon failure of such owner or operator to make such payment within such 10-day period, or upon the commission by him of a third or succeeding violation in any calendar month, such owner or operator may be summoned to the appropriate district court for the city and, upon conviction, shall be punished by a fine in an amount as specified in a schedule as promulgated from time to time by the city manager. (Ord. 2016-11. Code 1964, § 15-179; Code 1985, § 16-147; Ord. 4-25-85; Ord. 4-13-89; Ord. 4-8-93; Ord. 5-8-03; Amended during the 2003 reformat).

10.25.410 Notice prerequisite to issuance of summons.

Notwithstanding any other provision of this chapter, before any summons shall be issued for the prosecution of a violation of any provision of this code or other city regulation or ordinance regulating parking, the violator shall have been first notified, by mail directed to his last known address or to the address shown for such violator on the records of the State Department of Motor Vehicles, that he may pay the fine provided by law for such violation, within 10 days of receipt of such notice, and the authorized person issuing such summons shall be notified that the violator has failed to pay such fine within such time. The notice to the violator required by the provisions of this section shall be contained in an envelope bearing the words “Law-Enforcement Notice” stamped or printed on the face thereof in 14 point or larger type. (Code 1964, § 15-15-1; Code 1985, § 16-148; Ord. 4-8-93; Ord. 1-13-00; Amended during the 2003 reformat).

State law reference – Similar provisions, Code of Virginia, § 46.2-941.

10.25.420 Presumption in prosecutions.

In any prosecution charging the violation of any ordinance, rule, regulation, restriction or prohibition governing the parking of a vehicle in the city, proof that the particular vehicle described in the summons was parked in violation of such ordinance, rule, regulation, restriction or prohibition, together with proof that the defendant named in the summons was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked such vehicle at the place where, and at the time during which, such violation occurred. (Code 1964, § 15-174; Code 1985, § 16-149).

State law reference – Similar provisions, Code of Virginia, § 46.2-1220.

10.25.430 Removal or immobilization of vehicles against which there are outstanding parking violation notices.

(1) Whenever any motor vehicle, against which there are three or more outstanding unpaid or otherwise unsettled parking violation notices, is found parked on the public streets or public grounds in the city, such vehicle may, by towing or otherwise, be removed or conveyed to a place in the city designated by the chief of police for the temporary storage of such vehicle, or such vehicle may be immobilized in such manner as to prevent its removal or operation except by authorized officers of the police department. Such removal, conveyance or immobilization shall be by, or under the direction of, an officer of the police department.

(2) It shall be the duty of the officer of the police department removing or immobilizing a motor vehicle under this section, or under whose direction such vehicle is removed or immobilized, to inform, as soon as practicable, the owner of the removed or immobilized vehicle of the nature and circumstances of the prior unsettled parking violation notices, for which or on account of which such vehicle was removed or immobilized. In any case involving immobilization of a vehicle pursuant to this section, there shall be placed on such vehicle, in a conspicuous manner, a notice warning that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage thereto.

(3) The owner of a vehicle immobilized pursuant to this section, or other duly authorized person, shall be allowed not less than 24 hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of the vehicle within this time period may result in the removal of such vehicle to a storage area for safekeeping under the direction of an officer of the police department.

(4) The owner of a vehicle removed or immobilized pursuant to this section, or other duly authorized person, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was removed or immobilized and by payment of all reasonable costs incidental to the immobilization, removal and storage of the vehicle and the efforts to locate the owner of the vehicle. Should such owner fail or refuse to pay such fines and costs, or should the identity or whereabouts of such owner be unknown and unascertainable, such vehicle may be sold pursuant to the provisions of Chapter 10.35 SCC. (Code 1985, § 16-150).

State law reference – Authority for above section, Code of Virginia, § 46.2-1216.

Article IV. Residential Permit Parking Blocks and Downtown Perimeter Permit Parking Blocks

10.25.440 Purpose and intent.

The city council hereby finds and declares that the ordinance codified in this chapter should be enacted to allow imposition of on-street parking restrictions in certain designated areas of the city through the creation of residential permit parking blocks and downtown perimeter permit parking blocks, generally called restricted parking blocks. Such restrictions are needed in order to reduce or prevent congestion and hazardous traffic conditions in residential areas, to protect those areas from polluted air, excessive noise, and other adverse environmental impacts of automobile commuting, to protect the residents of these areas from unreasonable burdens in gaining access to their property, and to preserve the residential character of such areas and the property values therein. (Code 1985, § 16-151).

10.25.450 Definitions.

Certain words and phrases in this chapter and its related regulations shall be defined as follows:

(1) “Downtown perimeter permit parking block” means a predominantly residential block or blocks that borders the central business district, that can be considered as adversely affected by commuter vehicles pursuant to SCC 10.25.440, and is approved as such by city council.

(2) “Residential permit parking block” means a residential block or blocks that can be considered as adversely affected by commuter vehicles pursuant to SCC 10.25.440 and is approved as such by city council.

(3) “Affected household” means a dwelling unit located in a one- or two-family structure with an address on a public street within an existing or proposed restricted parking block. It also means a dwelling unit located in a multifamily structure with an address on such a public street when that multifamily structure does not have sufficient off-street parking spaces to meet the city’s minimum off-street parking requirements for new construction.

(4) “Block” means that portion of a city street between two intersecting streets or, in the case of a dead-end street, between the street’s end and an intersecting street.

(5) “Commuter vehicles” means those vehicles registered to persons who do not live in existing or proposed restricted parking blocks.

(6) “Residential area” shall mean that portion of any city street running in front of and abutting property which has a residential use or uses.

(7) “Restricted parking block” means any residential area (a block or group of blocks) so designated pursuant to the provisions of SCC 10.25.460 thereby implementing restricted on-street parking within that block. (Code 1985, § 16-152; Amended during the 2003 reformat).

10.25.460 Parking in certain residential areas prohibited without permits.

The following areas of the city are hereby designated as permit parking blocks, within which it shall be unlawful for any motor vehicle to be parked in excess of two hours on a public right-of-way or street unless such vehicle shall properly display a parking permit validly issued in accordance with regulations adopted pursuant to this article:

(1) Downtown Perimeter Permit Parking Blocks.

(a) The north side of East Beverley Street from its intersection with Market Street through its intersection with North Coalter and continuing to its intersection with Berkley Place. The south side of East Beverley Street beginning at its intersection with Market Street to its intersection with North Coalter Street is hereby designated as a parking zone not subject to the perimeter permit parking requirements hereunder.

(b) Kalorama Street from its intersection with Market Street to its intersection with South Coalter Street.

(c) Church Street on its west side from its intersection with West Johnson Street to its intersection with West Beverley Street.

(d) West Frederick Street from its intersection with North Lewis Street to its intersection with North Washington Street.

(e) North Lewis Street from its intersection with West Frederick Street to its intersection with the driveway of the Holiday Court.

(f) North New Street from its intersection with East Frederick Street to its intersection with Prospect Street.

(g) South Coalter Street from its intersection with East Beverley Street to its intersection with Kalorama Street.

(h) Berkley Place from its intersection with East Beverley Street to its intersection with North Coalter Street.

(i) The east side of South Market Street from its intersection with East Beverley Street to its intersection with Kalorama Street.

(2) Residential Permit Parking Blocks.

(a) Sycamore Street from its intersection with North Coalter Street to its termination point.

(b) North Market Street from its intersection with Academy Street to its intersection with Prospect Street.

The streets designated as boundaries in this section shall be considered to be portions of such blocks. (Ord. 2008-24. Code 1985, § 16-153; Ord. 5-26-94; Ord. 3-12-98; Ord. 1-11-01; Ord. 2-14-02; Amended during the 2003 reformat).

10.25.470 Vehicle permits and the regulation of restricted parking blocks.

There is hereby established the regulatory details pertaining to the permitting of resident vehicles and their guests in the restricted parking blocks. The various regulatory measures for the residential and downtown perimeter parking blocks can be amended by city council. The establishment of these regulatory measures shall not restrict or prohibit the city manager’s authority to implement processes or procedures for implementing these requirements or the authority for the city manager to regulate traffic and parking as specified in SCC 10.05.090 and 10.25.040. (Code 1985, § 16-154).

10.25.480 Vehicle permits, number, categories, terms, eligibility criteria, and fees.

(1) Vehicle Permits.

(a) Each vehicle registered to the resident of an affected household within a restricted parking block may be assigned a permit upon application by the registered owner. Such permit shall state thereon the street or streets whereon parking is permitted.

(b) Each vehicle not registered to the resident of an affected household but which vehicle is for the exclusive use of such resident may be assigned a permit upon application by such resident who shall be required to show proof of such use.

(c) Notwithstanding the above provisions, no more than five vehicle permits shall be issued to any affected household, rooming house, or other multifamily structure within a restricted parking block unless the curb frontage allocable to such household or structure shall be more than five car lengths, in which case the larger number shall be used. For the purpose of calculating the number of permits to which such household shall be entitled, curb-parking restrictions shall be disregarded, but driveways shall not be included, and a curb length of 20 feet shall be assumed for each parking space.

(2) Guest Permits.

(a) Upon application, two guest permits shall be issued for each affected household in a restricted parking block. A rental unit without a full kitchen, such as a room and bath, shall not qualify as an affected household under this subsection. The guest permits for each affected household shall be issued to the owner of the household, but the owner may assign his permit to the tenant or occupant of such residence.

(b) Notwithstanding subsection (2)(a) of this section, no more than two guest permits shall be issued to any residential address, regardless of the number of dwelling units at such address, unless such address shall be eligible for a larger number of vehicle permits as determined in above.

(3) General.

(a) All permits shall be issued for a period of 12 months beginning on April 15th for the fees established as follows:

(i) For each vehicle permit, $5.00 per year.

(ii) For each guest permit, $1.00 per year.

(iii) Except as otherwise noted, permits are nontransferable.

(b) A person who sells or otherwise disposes of a vehicle during the permit year may surrender his vehicle permit and apply for a new permit for his newly acquired vehicle. The fee is $0.50. (Ord. 2004-08. Code 1985, § 16-154.1).

10.25.490 Affected area – Hours.

(1) The city council shall designate residential permit parking blocks and downtown perimeter permit parking blocks where permit parking may be implemented as a method to control parking. There may be as many different permit blocks as council deems necessary.

(2) The department of public works and/or police department may recommend the specific residential blocks or portions thereof which will be designated as restricted parking blocks for approval by the city manager and consideration by city council.

(3) Permit parking restrictions, where and when established, shall be applicable only to residential frontage, but not to frontage allocable to commercial, public, or special uses, and parking adjacent to such uses shall be unrestricted unless otherwise restricted by the traffic regulations or by authority of the city manager. Said restrictions will be requested by the owner or operator of the commercial, public, or special use property.

(4) A valid downtown perimeter parking permit shall be displayed on each vehicle parked within the downtown perimeter parking blocks above, between the hours of 8:00 a.m. and 8:00 p.m., Monday through Friday, except holidays. A valid residential parking permit shall be displayed on each vehicle parked within the residential permit parking blocks 24 hours a day, seven days a week, except holidays; except that the operator of a commercial vehicle may so park in both blocks while actually engaged in business at a residential address within or reasonably near to a designated restricted parking block. For the purposes of these regulations a “commercial vehicle” shall be any vehicle used in a business and clearly identified with the name of the business affixed to the vehicle. The burden of proof shall be on the operator of such commercial vehicle to show that he was actually engaged in business at a residential address within or reasonably near to a designated restricted parking block. A violation of this section shall incur a fine in an amount as specified in a schedule as promulgated from time to time by the city manager. (Ord. 2016-11; Ord. 2004-09. Code 1985, § 16-154.2; Ord. 1-11-96; Amended during the 2003 reformat).

10.25.500 Format – Display – Issuance of permits.

(1) Permits shall be issued by the office of the city treasurer. The treasurer shall maintain, open for public inspection, records showing for each permit, the permit number, the state and city license number of the vehicle for which the permit was issued, the name and address of the person to whom the vehicle is registered, and the name and address of the person for whose use the vehicle has been authorized if different from a person to whom registered. Each permit, including guest permits, shall bear a separate serial number.

(2) The city manager shall furnish the city treasurer with a list of residential blocks which have been designated for permit parking, a list of those affected households, and the addresses eligible for additional permits as provided in SCC 10.25.480(1)(c); and a list of those addresses not eligible for permits as provided in SCC 10.25.480(2)(a).

(3) Permits, except guest permits, shall be in the form of a decal to be displayed by attachment to the back of the interior rearview mirror so it is readily visible from the front of the vehicle.

(4) Guest permits shall be prominently displayed by attachment to the interior rearview mirror. Such permits shall be displayed only while the operator of the vehicle is a guest at the affected household to which the permit has been issued, or is employed and actually at work at such household; provided, however, that this subsection shall not prohibit the temporary loan of guest permits from one affected household to another for the purpose of accommodating a large gathering of guests at a particular residence.

(5) Guest permits, once lost, shall not be re-issued within the same year. Vehicle permits may be reissued upon satisfactory written explanation and payment of additional fee.

(6) Any person who knowingly allows a permit issued to a vehicle registered to him/her or authorized for use by another to be used in violation of these regulations shall have such permit revoked and shall be ineligible for a permit for any vehicle for a period of one year. (Code 1985, § 16-154.3).

10.25.510 Creation of new permit parking blocks.

The city council may from time to time delineate additional residential areas of the city as permit parking blocks. Council may create such new permit parking blocks by amending SCC 10.25.460. All permit parking blocks shall be delineated on the Official Residential Permit Parking Map. (Code 1985, § 16-155).

10.25.520 Implementation of a restricted parking block.

(1) The Petition. Upon receipt of a petition by the city manager which is signed by at least one member of at least 50 percent of the affected households of any block proposed as a permit parking block, the director of public works will schedule and convene a hearing to consider the requested establishment of a restricted parking block. The purpose of such a hearing shall be to receive facts and testimony regarding the need for the parking restrictions requested. The director of public works shall then schedule an on-street parking survey to be conducted for the proposed restricted parking block.

The petition referenced above shall be advisory in nature only and alleged defects in it, if any exist or are alleged, shall not be grounds for invalidating any restricted parking block that later may be implemented.

(2) The Parking Survey. The on-street parking survey shall be conducted on at least three separate days at some time during the hours for which the restricted parking is being sought. The survey shall seek to determine whether at the time of the survey (a) at least 75 percent of the total number of on-street parking spaces in the proposed restricted parking block are occupied, and (b) whether at least 50 percent of the total number of on-street parking spaces in that block are occupied by commuter vehicles. The survey shall be conducted by city staff under the supervision of the director of public works. The petitioner(s) shall also be present during the survey to interpret the parking patterns observed. This interpretation should attempt to differentiate between resident and commuter vehicles.

If the survey shows that the on-street parking spaces are so occupied (meeting both the 75 percent and 50 percent minimum occupancy test), the director of public works shall certify this fact to the city manager along with any recommendation the director may have as to whether the city manager should recommend the implementation of restricted parking in the proposed restricted parking block. The director’s recommendation will include a proposed method to accommodate any business or commercial enterprise located in the proposed restricted parking block. The city manager is at liberty to make a recommendation to city council or seek additional information from staff prior to rendering a decision.

(3) Notice of Affected Households. Once a date has been set for city council’s consideration of the proposed restricted parking block, a letter from the city manager shall be sent to the affected households and businesses within the proposed restricted parking block. It shall provide residents of those households and business owners information concerning the nature of the proposal and notify them of the date on which city council will consider approving the new restricted parking block. This notification letter must be mailed at least 10 days prior to the subject council meeting and shall invite comments and attendance by concerned individuals of the proposed restricted parking block.

(4) Council Action. The city council, by amendment to SCC 10.25.460, may then establish permit parking for the block or blocks in question. In establishing such a restricted parking block the council shall consider, among other things, the following:

(a) The purpose and intent of the permit parking ordinance;

(b) The adverse impact that restricting parking in such block might have on nearby neighborhoods that do not have permit parking; and

(c) The adverse impact that such restrictions may have on the nonresidents of the restricted parking block and their ability to find available parking near their place of work.

(5) Notice After a New Restricted Parking Block Is Created. In the event that a permit parking plan is approved for a residential block, the city manager shall notify by regular mail the affected households of that fact, giving residents of those households notice of the effective date and times of the restricted parking and how to obtain permits, and also notify the representatives of all nonresidential properties within such block. Such nonresidential properties may be provided with parking meters, loading zones, or other restriction desired by the affected users and consistent with current city policies.

(6) A Moratorium for One Year. In the event that a permit parking plan is not approved for a residential block, the city manager shall not be required to resurvey this block until one year has elapsed, unless in the opinion of the city manager conditions have changed substantially.

(7) Removing Permit Parking Restrictions. The signatures representing at least 75 percent of the affected households within a restricted parking block may be presented to the city manager requesting removal of parking restrictions on an existing restricted parking block. If such restriction is eventually removed by council, no request to re-install the restriction shall be acted upon until one year has elapsed.

(8) Signs to Be Posted. The city manager shall have signs posted sufficient to give notice of the existence, effect, and limits of the restricted parking block. (Code 1985, § 16-155.1; Ord. 11-14-91; Ord. 1-11-96).