Legislation # 07-0104 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 2/28/2007
Title ORDINANCE TO AMEND AND REINACT CHAPTER 21 ENTITLED MOTOR VEHICLES AND TRAFFIC, ARTICLES I, IV, V, VII AND VIII AND TO REPEAL ARTICLE I, SECTION 21-11.
 
Legislation History 07-0104
DateNotice Of ActionDescription
2/28/2007 Moved to approve consent agenda items 1 through 3 on first and final reading.
2/28/2007 Moved to to waive second reading on consent agenda items 1 through 3.
2/16/2007 Received By Clerk's Office
 
View Attachments 07-0104
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Chapter 21 - Motor Vehicles - REDLINE - February 15, 2007.doc Other 110K Chapter 21 - Motor Vehicles and Traffic - Redline Version
 
Legislation Text 07-0104

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0104

 

Enactment Number: -

 

ORDINANCE TO AMEND AND REINACT CHAPTER 21 ENTITLED MOTOR VEHICLES AND TRAFFIC, ARTICLES I, IV, V, VII AND VIII AND TO REPEAL ARTICLE I, SECTION 21-11.

 

 

 

Chapter 21

 

MOTOR VEHICLES AND TRAFFIC*

__________

* Editors Note: Ord. No. 982, adopted Nov. 14, 1990, repealed Ch. 21 in its entirety which pertained to motor vehicles and traffic, and derived from Code 1964, 25.1-1, 25.1-2A--25.1-2E, 25.1-3--25.1-6, 25.1-9, 25.1-10--25.1-15, 25.1-17--25.1-18.4, 25.1-19--25.1-27.1, 25.1-28--25.1-140, 25.1-143--25.1-170, 25.1-172--25.1-201, 25.1-204--25.1-210, 25.1-212--25.1-227, 25.1-229--25.1-260, 25.1-284 and the following legislation:

 

Ord. No.

Date

Ord. No.

Date

676

12-10-80

832

5-28-86

684

3-11-81

841

10-22-86

708

1-3-82

844

11-12-86

709

2-10-82

847

12-10-86

711

2-24-82

849

1-14-87

712

3-10-82

853

3-25-87

723

6-23-82

868

9-9-87

724

8-18-82

873

11-18-87

729

9-8-82

885

4-13-88

776

6-27-84

902

8-10-88

780

9-12-84

933

2-8-89

807

10-9-85

959

1-10-90

813

1-8-86

980

10-24-90

818

5-7-86

 

 

 

 

Ord. No. 983, adopted Nov. 14, 1990, enacted provisions designated as a new Ch. 21 to read as herein set out. See the Code Comparative Table for a detailed analysis of inclusion to both Ord. No. 983 and Ord. No. 982.

Cross References: Stopping or impeding vehicles for advertising purposes, 3-1; deposit of advertising matter on parked vehicles, 3-2; vehicles used for sale of ice cream, 15-166 et seq.; noise from vehicles, 22-6, 22-7; sound trucks, 22-21 et seq.; using vehicle to promote prostitution or unlawful sexual intercourse, 24-26; injuring, tampering with, etc., vehicles, 24-32; open storage of inoperative vehicles, 24-39; parades, Ch. 25; unlawful driving of vehicles in parks, 26-33; streets and sidewalks, Ch. 34; vehicles for hire, Ch. 38; zoning ordinance, App. A.

State Law References: General authority of city to regulate traffic, Code of Virginia, 15.2-2028 and 46.2-1300 et seq.

__________

 

Article I. In General

Sec. 21-1. Adoption of state law.

Sec. 21-2. Compliance with chapter and rules and regulations; general penalty

for violations.

Sec. 21-3. Authorizing or permitting violations of chapter.

Sec. 21-4. Arrest procedure for violations of chapter--Generally.

Sec. 21-5. Same--Failure to comply with summons or notice.

Sec. 21-6. Same--When arrested person to be taken before magistrate or other

issuing authority.

Sec. 21-7. Same--Traffic infractions treated as misdemeanors for arrest

purposes.

Sec. 21-8. Procedure in traffic infraction cases.

Sec. 21-8.1. Authority of police officers to issue subpoenas.

Sec. 21-9. Driving improvement school for violators.

Sec. 21-10. General powers of city manager relative to traffic.

Sec. 21-11. Repealed.

Sec. 21-12. Duty of police officers to enforce chapter and other traffic laws.

Sec. 21-13. Direction of traffic by fire and emergency management officers.

Sec. 21-14. Compliance with directions of police officers, etc.

Sec. 21-15. Vehicles not to cause deposit or accumulation of mud, dirt, etc., on

street.

Sec. 21-16. Presumption as to lawful erection.

Sec. 21-17. Signals by lights--Authority of city manager to erect.

Secs. 21-18--21-35. Reserved.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 21-2. Compliance with chapter and rules and regulations; general penalty for violations.

 

(a) 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 two hundred fifty dollars ($250.00). If it is found by a court of proper jurisdiction that the violation of any provision of this chapter (i) was a serious traffic violation as defined in Code of Virginia, 1950, as amended, section 46.2-341.20 and (ii) that such violation was committed while operating a vehicle or combination of vehicles used to transport property with (A) a gross vehicle weight rating of 26,001 or more pounds, or (B) a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds, the judge may assess, in addition to any other penalty assessed, a further monetary penalty not exceeding five hundred dollars ($500.00).

 

(b) When any rule or regulation is made pursuant to authority granted in this chapter, and when appropriate signs, signals or markers have been erected as required by this chapter, it shall be unlawful for any person to violate such rule or regulation. Except where specifically provided otherwise, such violation shall be deemed a traffic infraction punishable as provided in subsection (a) above.

(Ord. No. 983, 11-14-90; Ord. No. 1059, 6-24-92; Ord. No. 1219, 6-24-98)

State Law References: 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, Code of Virginia, 46.2-1300.

 

Sec. 21-4. Arrest procedure for violations of chapter--Generally.

 

(a) Whenever any person is detained by, or in the custody of, an arresting officer, including an arrest on a warrant, for a violation of any provision of this chapter, except section 18.2-266 of the Code of Virginia, the arresting officer shall, except as otherwise provided in this section or by law, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him, in writing, to appear, at a time and place to be specified in such summons or notice, such time to be at least five (5) days after such arrest, unless the person arrested shall demand an earlier hearing, and such person shall, if he so desires, have a right to an immediate hearing or a hearing within twenty-four (24) hours at a convenient hour, and before a court having jurisdiction. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.

 

(b) Any person refusing to give a written promise to appear under the provisions of this section shall be taken immediately by the arresting officer before a magistrate or other issuing officer having jurisdiction, who shall proceed according to the provisions of section 21-6.

 

(c) Any person who willfully violates his written promise to appear, given in accordance with this section, shall be treated in accordance with the provisions of section 21-5.

 

(d) Any officer violating any of the provisions of this section shall be guilty of misconduct in office and subject to removal therefrom upon complaint filed by any person in a court of competent jurisdiction. This section shall not be construed to limit the removal of a police officer for other misconduct in office.

(Ord. No. 983, 11-14-90)

Cross References: Use of above section in making arrests for boating violations and for littering, 7-22, 32-2.

State Law References: Similar provisions, Code of Virginia, 46.2-936.

 

Sec. 21-5. Same--Failure to comply with summons or notice.

 

(a) Upon the failure of any person to comply with the terms of a summons or notice as provided in section 21-4, such person shall be guilty of a Class 1 misdemeanor and the court may direct the arresting officer or the clerk of the court to obtain a warrant for his arrest or for the violation of his written promise to appear given in accordance with section 21-4 and serve, or cause to be served, or attempt, or cause to be attempted, to serve such warrant on such person. The warrant shall be returnable to the court having jurisdiction of the offense and shall be accompanied by a report by the arresting officer, which shall clearly identify the person arrested, specifying the section of this chapter violated, the location of the offense, a description of the motor vehicle and its registration or license number.

(b) If the warrant is returned to the court with the notation "not found" or the person named in the warrant does not appear on the return date thereof, the court shall forward a certificate of the fact of nonservice or nonappearance, with a copy of the report specified in subsection (a) above, to the commissioner, who shall forthwith suspend the driver's license of such person. The order of suspension shall specify the reason for the suspension. Such suspension shall continue until such time as the court has notified the commissioner that the defendant has appeared before the court under the terms of the summons or notice and the warrant.

(Ord. No. 983, 11-14-90)

State Law References: Similar provisions, Code of Virginia, 46.2-938.

 

Sec. 21-11. Repealed

 

Sec. 21-13. Direction of traffic by fire and emergency management officers.

 

Officers of the fire division, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. Officers of the emergency management unit, when on duty and in uniform, may direct or assist the police or firefighters in directing traffic.

(Ord. No. 983, 11-14-90)

Cross References: Fire prevention and protection, Ch. 14.

 

Sec. 21-14. Compliance with directions of police officers, etc.

 

No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer, fire division official or officer of the emergency management unit given pursuant to authority granted in this chapter.

(Ord. No. 983, 11-14-90)

 

ARTICLE IV.

 

OPERATION OF VEHICLES--GENERALLY*

__________

* Cross References: Regulations governing bicycle riders, Sec. 6-16 et seq.

__________

 

Sec. 21-110. Driving while under influence of alcohol or drugs; adoption of state law.

 

Pursuant to the provisions of section 46.2-1313 of the Code of Virginia, 1950, as amended, all of the provisions and requirements of article 2 (section 18.2-266 et seq.) of chapter 7 of title 18.2 of the Code of Virginia, 1950, as amended, and as amended in the future, are hereby adopted and made a part of this chapter as fully as though set out herein and are hereby made applicable within the city. References herein to "highways of the state" shall be deemed to refer to streets, highways and alleys within the city. It shall be unlawful for any person within the city to violate or fail, neglect or refuse to comply with any section of the Code of Virginia which is adopted by this section.

(Ord. No. 983, 11-14-90; Ord. No. 1006, 4-10-91; Ord. No. 1016, 6-26-91; Ord. No. 1054, 6-24-92; Ord. No. 1067, 9-23-92; Ord. No. 1090, 6-9-93; Ord. No. 1110, 1-12-94; Ord. No. 1124, 6-8-94; Ord. No. 1135, 1-11-95; Ord. No. 1140, 6-14-95; Ord. No. 1166, 6-12-96; Ord. No. 1189, 7-9-97; Ord. No. 1219, 6-24-98)

Cross References: Operating boat, water skis, etc., while intoxicated or under influence of drugs, 7-34; public drunkenness, 24-13.

State Law References: Authority for above section, Code of Virginia, 46.2-1313.

 

ARTICLE V.

 

STOPPING, STANDING AND PARKING

 

DIVISION 1. - GENERALLY

 

Sec. 21-139. Parking in space reserved for persons with disabilities.

 

(a) Definition. When used in this section, "person with a disability" or "persons with disabilities" means a person with a disability that limits or impairs his ability to walk or that creates a concern for his safety while walking as defined in section 46.2-1240 of the Code of Virginia, 1950, as amended.

 

(b) It shall be unlawful for any person to stop or park a vehicle in a parking space reserved for persons with disabilities unless such vehicle is displaying (i) disabled parking license plates, (ii) an organizational removable windshield placard, (iii) a temporary or permanent removable windshield placard issue under section 46.2-1241 of the Code of Virginia, 1950, as amended, or (iv) DV disabled parking license plates issued under subsection B of section 46.2-739 of the Code of Virginia, 1950, as amended.

 

(c) It shall be unlawful for a person who is not a person with a disability, to stop or park a vehicle in a parking space reserved for persons with disabilities except when transporting a person with a disability in the vehicle that is so stopped or parked.

 

(d) In the case of private property, a summons or citation may be issued by a police officer, a volunteer serving pursuant to section 46.2-1244 of the Code of Virginia, 1950, as amended, or other authorized representatives of the police division without the necessity of a warrant being obtained by the owner of such private property.

 

(e) Spaces reserved for persons with disabilities shall be identified by above-grade signs, in accordance with the provisions of section 36-99.11 of the Code of Virginia, 1950, as amended.

 

(f) The chief of police is hereby authorized to appoint persons to enforce the provisions of this section. Such persons shall wear a uniform as prescribed by the chief of police.

 

(g) In any prosecution charging a violation of this section, proof that the vehicle described in the summons or 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 of title 46.2 of the Code of Virginia, 1950, as amended, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation.

 

(h) No violation of this section shall be dismissed for a property owner's failure to comply strictly with the requirements for disabled parking signs set forth in section 36-99.11 of the Code of Virginia, 1950, as amended, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk or that create a concern for their safety while walking.

 

(i) Any person convicted of violating any provision of this section shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). No portion of said fine below two hundred fifty dollars ($250.00) may be suspended.

(Ord. No. 1365, 3-10-04)

State Law References: Authority for above section, Code of Virginia, 46.2-1242.

 

Sec. 21-149. Procedure for delinquent parking citations.

 

(a) The treasurer or the police division shall cause a complaint or summons to be issued for delinquent parking citations.

 

(b) Before any summons shall issue for the prosecution of a violation of any provision of this article or any other ordinance of this city regulating parking, the violator shall have been first notified by mail, at his last known address or at the address shown for such violator on the records of the department, that he may pay the fine provided by law for such violation, within five (5) 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 required by this section shall be contained in an envelope bearing the words "law enforcement notice" stamped or printed on the face thereof in all capital letters, bold face type, no smaller than the print size used for the primary address on the envelope. If "window" envelopes are used, the words "Law-Enforcement Notice" shall be clearly visible through the window of the envelop.

(Ord. No. 1365, 3-10-04)

State Law References: Similar provision, Code of Virginia, 46.2-941.

 

ARTICLE VII.

 

ABANDONED VEHICLES

 

Sec. 21-201. Definitions.

 

As used in this article:

 

Abandoned motor vehicle means a motor vehicle, trailer, or semitrailer or part of a motor vehicle, trailer, or semitrailer that:

 

(1) Is inoperable and is left unattended on public property, other than an interstate highway or primary highway, for more than forty-eight (48) hours; or

(2) Has remained illegally on public property for more than forty-eight (48) hours;

(3) Has remained for more than forty-eight (48) hours on private property, without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property;

(4) Is inoperable, left unattended, or both, on an interstate highway; or

(5) Is inoperable, left unattended, or both, on the shoulder of a primary highway.

 

Demolisher means any person whose business is to convert a motor vehicle, trailer or semitrailer into processed scrap or scrap metal or otherwise to wreck or dismantle such vehicle.

 

Garagekeeper means any operator of any commercial parking place, motor vehicle storage facility, or establishment for the servicing, repair, maintenance or sale of motor vehicles.

 

Inoperable motor vehicle means a motor vehicle, trailer or semitrailer which is inoperable and whose fair market value, as determined by the city's official responsible for assessing motor vehicles under Code of Virginia, 58.1-3503, is less than the cost of its restoration to an operable condition.

(Ord. No. 983, 11-14-90)

State Law References: Similar provisions, Code of Virginia, 46.2-1200.

 

Sec. 21-206. Sale of vehicle at public auction; disposition of proceeds.

 

If an abandoned motor vehicle is not reclaimed as provided for in section 21-205, the city or its authorized agent shall, notwithstanding the provisions of section 46.2-617 of the Code of Virginia, sell it at public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free of all liens and claims of ownership of others, shall receive a sales receipt at the auction, and shall be entitled to apply to and receive from the department a certificate of title and registration card for the vehicle. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in that case no further titling of the vehicle shall be necessary; however, such demolisher shall provide the department acceptable documentation indicating that the vehicle has been demolished. From the proceeds of the sale of an abandoned motor vehicle the locality or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to section 21-205. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interests in the vehicle, as their interests may appear, for ninety (90) days, and then be deposited into the general fund of the city.

(Ord. No. 983, 11-14-90)

State Law References: Similar provisions, Code of Virginia, Sec. 46.2-1203.

 

Sec. 21-208. Demolition of inoperable abandoned vehicles.

 

(a) Notwithstanding any other provisions of this article, any inoperable motor vehicle, trailer, or semitrailer, or part of a motor vehicle, trailer, or semitrailer which has been taken into custody pursuant to other provisions of this article, may be disposed of to a demolisher, without the title and without the notification procedures, required by this article, by the person or locality on whose property or in whose possession the motor vehicle, trailer or semitrailer is found. The demolisher, on taking custody of the inoperable abandoned motor vehicle shall notify the department on forms and in the manner prescribed by the commissioner. Notwithstanding any other provision of law, no other report or notice shall be required in this instance.

 

(b) Any motor vehicle, trailer or semitrailer, or part thereof, which is disposed of to a demolisher pursuant to this section shall be demolished by the demolisher. It shall be unlawful for the demolisher to remove or salvage any parts from such vehicle, with the exception of fuel tanks and wheels, it the vehicle is crushed on site.

 

(c) The city shall be eligible for reimbursement from the commissioner in the sum of fifty dollars ($50.00) for each inoperable abandoned motor vehicle disposed of by the city or on contract with the city under this section. The city shall certify, on forms provided by the department, that a motor vehicle, trailer or semitrailer, or major portion thereof, has been abandoned on property located within the city and that it has been examined by the fleet manager or his assistant, who has determined that, prior to demolition, such vehicle is inoperable and cannot be feasibly restored to an operable condition, and that such vehicle has been disposed of by a demolisher. The city shall submit to the department the identification number or motor number of each vehicle for which reimbursement is requested, or an acceptable reason why such number is not furnished. The city shall not be eligible for reimbursement on vehicles which it acquires from sources outside its jurisdiction nor on vehicles it receives from dealers engaged in the business of dismantling used automobiles.

(Ord. No. 983, 11-14-90)

State Law References: Similar provisions, Code of Virginia, Secs. 46.2-1205, 46.2-1207.

 

Sec. 21-209. Removal and disposition of vehicles constituting traffic hazard or illegally parked or abandoned on public or private property.

 

(a) Whenever any unattended motor vehicle, trailer or semitrailer or part thereof found on the public streets or public grounds constitutes a hazard to traffic, or is parked in such manner as to be in violation of law, or whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten (10) days upon any public property or privately owned property other than the property of the owner of such motor vehicle, trailer or semitrailer, or is abandoned upon such public property or privately owned property without the permission of the owner, lessee or occupant thereof, or whenever any motor vehicle, trailer or semitrailer is stalled or rendered immobile as the result of adverse weather conditions or other emergency situations on any public roadway, any such motor vehicle, trailer or semitrailer may be removed for safekeeping by or under the direction of a police officer to a storage area or garage; however, no such vehicle shall be removed from privately owned premises without the written request of the owner, lessee or occupant thereof. The owner, lessee or occupant of the premises who requests the removal shall indemnify the city against any loss or expense incurred by reason of the removal, storage or sale thereof.

 

(b) For the purposes of this section, it shall be presumed that a motor vehicle, trailer or semitrailer, or part thereof, is abandoned if:

 

(1) It lacks either a current license plate or a current city tag or decal or a valid state inspection certificate or sticker; and

(2) It has been in a specific location for four (4) days without being removed.

 

(c) It shall be the duty of the person removing or directing the removal of any vehicle under this section to immediately make a report thereof to the chief of police, giving the type of vehicle, registration information and such other information as the person making the report may have concerning the vehicle or its owner and the reason for its removal.

 

(d) It shall be the duty of the police division to notify the owner of a vehicle removed under this section, as soon as possible, that the vehicle has been impounded and the procedures for repossessing the same, provided the vehicle has not already been released from the city vehicle impounding yard.

 

(e) The owner of a vehicle impounded under this section shall, before taking possession thereof, pay to the city all the costs of removal and storage, as set forth in section 21-203, and the costs of locating the owner of the vehicle.

 

(f) The police division shall keep a record of all vehicles impounded pursuant to this section.

 

(g) If the owner of a vehicle impounded under this section fails or refuses to pay the costs referred to in subsection (e) above, or if the identity or whereabouts of such owner is unknown and unascertainable, after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record in the office of the department against the vehicle or part thereof, the police division shall treat the vehicle as an abandoned vehicle under the provisions of Code of Virginia, 46.2-1200 et seq., or shall proceed as provided in the remainder of subsection (g) and subsection (h) of this section, as authorized by law. After holding the vehicle thirty (30) days and after due notice of sale, the City shall cause the vehicle to be disposed of at public sale and the proceeds from the sale shall be forwarded by the selling officer to the city treasurer. If the value of such vehicle is determined by three (3) disinterested dealers or garagekeepers to be less than one hundred fifty dollars ($150.00) it may be disposed of by private sale or junked, in lieu of such public sale.

 

(h) The finance department shall pay, from the proceeds of a sale pursuant to this section, the cost of removal, investigation as to the ownership and liens and notice of sale, and the balance of such proceeds shall be held for the owner of the vehicle and paid to the owner upon satisfactory proof of ownership, provided the owner makes application therefor within three (3) years of the date of sale. If the owner fails to make timely application, the balance of such proceeds shall be deposited to the general fund or any special fund of the city.

(Ord. No. 983, 11-14-90)

State Law References: Authority for above section, Code of Virginia, Secs. 46.2-1213, 46.2-1215.

 

Sec. 21-210. Further provisions as to vehicles abandoned on private property.

 

(a) Upon complaint of the owner of any private property upon which any motor vehicle, trailer or semitrailer, or part thereof, has been abandoned for more than seventy-two (72) hours, such motor vehicle, trailer or semitrailer, or part thereof, may be removed by or under the direction of a police officer to a storage garage or area. The owners of private property which is normally open to the public for parking shall post or cause to be posted signs warning that vehicles left on the property for more than seventy-two (72) hours will be towed or removed at their owners' expense. Any such owner so requesting the removal of any motor vehicle, trailer or semitrailer, or part thereof, shall indemnify the city against any loss or expense incurred by reason of the removal, storage or sale thereof.

 

(b) In the case of the removal, under this section, of a vehicle which cannot be readily sold at public auction, such vehicle may be disposed of by private sale or junked. In all other respects, the preceding provisions of this article shall apply to such removals; provided, that the disposal of the vehicle may be carried out either under such preceding provisions or under the provisions hereof as follows: After a diligent search for the owner, after notice to the owner at the owner's last known address and to the holder of any lien of record in the office of the division against such vehicle and after the vehicle has been held at least sixty (60) days.

(Ord. No. 983, 11-14-90)

 

ARTICLE VIII.

 

POLICE-REQUESTED TOWING

 

Sec. 21-213. Definitions

 

Unless otherwise defined in this section, the following terms shall have the following meanings:

 

Day or storage day means a period of twenty-four (24) consecutive hours.

 

Operator means any person operating a towing company or tow vehicle.

 

Person means a natural person, firm, partnership, association, corporation and bodies politic and their legal successors.

 

Police-requested tow means towing request made by a law-enforcement officer at the request of the owner or operator of an unattended, abandoned or immobile motor vehicle when no specific service provider is requested by such owner or operator.

 

Tow means the actual hooking up and attachment of the motor vehicle to be towed to the tow vehicle and subsequent relocation of the motor vehicle being towed.

 

Towing company means any person engaged in the business of towing vehicles.

 

Tow vehicle means any motor vehicle designated or adapted to tow, haul or otherwise remove another motor vehicle.

 

Unusual recovery means the recovery of:

 

Motor vehicles, which have driven completely or partially off a bridge or overpass.

 

Motor vehicles stuck in mud or water.

 

Motor vehicles requiring extrication from a tree, utility pole or other comparable object.

 

Motor vehicles, which are on their sides or roofs and which require being righted.

(Ord. No. 1341, 11-13-02)

 

Sec. 21-215. Violations.

 

Any person violating any provision of this chapter shall be guilty of a Class 3, misdemeanor and a Class 2, misdemeanor for subsequent convictions.

(Ord. No. 1341, 11-13-02)

 

 

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council