Loading...
HomeMy WebLinkAbout05-21-85May 21, 1985 / ~~3 Minutes of the regular meeting of the Pulaski Town Council held May 21, 1985, at 7:00 p.m. and a Joint Public Hearing with the Town Planning Commission, in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, James R. Neighbors, Ira S. Crawford, Mary Lou Copenhaver, Glen K. Aust Absent: C. E. Boyd, Jr. Planning Commission Members Present: Dr. A. W. Anneski, Ben C. Tate, Roy T. Rives, Gary .Hancock, Rocky Schrader Also Present: D. E. McKeever, Town Manager Frank Terwilliger, Town Attorney Anne Burgess, Assistant to the Town Manager Brigitte Manning, Acting Clerk of Council Grace Bowers, Clerk of Planning Commission Visitors: Dee Lindsey of the News Media The invocation was given by Councilman Neblett. The minutes of the regular meeting of May 7, 1985, were approved as recorded. PUBLIC Mayor Ratcliffe advised that as published, now was the time and place to hold HEARING a public hearing on the Comprehensive Plan, held jointly with Town Planning Commission. COMP. pL~, Dr. Anneski, representing the Town Planning Commission, addressed Council concerning the adoption of the Comprehensive Plan. He stated that the Planning Commission had approved and presented a copy to Council in August for Council's final approval which is required by State ordinance for each town or jurisdiction. Anne Burgess also spoke on behalf of the Planning Commission. She stated formal documents are being drawn up to be attached to the Comprehensive Plan as the imple- menting strategy for goals and objectives. No one from public was present to speak for or against this. Councilman Neblett moved that the Comprehensive Plan be adopted, seconded by Councilman Glenn and carried on the following recorded vote: COMP. PLAN John A. Johnston - Aye James R. Neighbors -Aye ADOPTED Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye At 7:06 p.m, the Town Planning Commission departed. Mayor Ratcliffe advised that as published now was the time and place to have PUBLIC a public hearing on the Community Development Block Grant-Rehabilitate Housing Units HEARING in the Downtown Area. GRANT APPLICA. Mr. McKeever recommended that with Council's approval that authority be given to proceed to apply for a Planning Grant which will fund the planning portion of the application for the Housing Grant. No one from the public was present to speak for or against this. Councilman Neblett moved that the resolution be adopted authorizing and approving the Planning Grant application, seconded by Councilman Neighbors and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye RESOLUTION RESOLUTION APPROVING AN APPLICATION ADOPTED TO THE VIRGINIA DEPARTMENT OF Housing PLANNING AND COMMUNI'I`i'DEVELOPMENT GRANT (HOUSING WHEREAS, THE Virginia Department of Housing and Community Development has GRANT) V~~ May 21, 1985 funds available through the Community Development Block Grant Program which could be used to rehabilitate housing units in the downtown area of the Town of Pulaski, Virginia; and, WHEREAS, a Public Hearing was held on May 21, 1985, to provide citizens an opportunity to participate in the preparation of an application for said funds; and, WHEREAS, the Town Council is of the opinion that the rehabilitation of housing units in the downtown area of the Town of Pulaski would be of great benefit to the citizens of the Town of Pulaski; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 21st day of May, 1985, that the Town Manager be and he hereby is authorized to submit an application to the Virginia Department of Housing and Community Development for funds through the the Community Development Block Grant Program to plan the rehab- ilitation of housing units in the downtown area. of the Town of Pulaski. This resolution is effective upon adoption and is hereby adopted this 21st day of May, 1985. As there were no further comments from the public, Mayor Ratcliffe called for Council Committee Reports. UTILITIES COMMITTEE Chairman Johnston advised that the Town is the first jurisdiction to draw PEPPERS on the $2.5 million line of credit extended to the Peppers Ferry Authority. FERRY On May 10, 1985, the Town needed to borrow $109,777 in order to satisfy a PAYMENTS disbursement shortfall after the funds were segregated. This $109,777 represents the 10~ retainage held by EPA for Town Contract 2. In the past, the retainage has been paid by the Authority. Now each member of the Authority will be charged these costs. This money will be reimbursed once EPA approves the closeout of the grant. Under the new payment plan (required by bond documents) each member pays for their contracts and the Authority will not cover any pay- ments. Therefore, we can no longer follow a payment schedule but are subject to the payment requests from the contractors. The letter of May 14th indicates we were presented with partial payment requests totaling $203,093.77. Our portion, or $50,773.44, 25~, was paid by check and we again borrowed the remain- der from the line of credit. This money is also reimburseable. POLLUTION AND SANITATION COMMITTEE Chairman Glenn had no report. PERSONNEL, PUBLIC RELATIONS AND NOMINATING COMMITTEE WILLIAM Chairman Neblett moved that resolution be adopted reappointing Mr. William MACGILL,JR. D. Macgill, Jr. to the Industrial Development Authority for another term, APPOINTED TO seconded by Councilperson Copenhaver, and carried on the following recorded INDUSTRIAL vote: DEV. AUTHORITY John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye RESOLUTION REAPPOINTING WILLIAM D. MACGILL, JR. TO THE INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, Mr. William D. Macgill, Jr. was appointed by the Town Council of the Town of Pulaski, Virginia, to serve as a member of the Industrial Development Authority for a term of four (4) years, which term expires on April 13, 1985, or when a successor is appointed; and, WHEREAS, said council is appreciative of the excellent job done by Mr. Macgill during his present term; and, WHEREAS, Mr. Macgill has indicated his willingness to be reappointed to this position; May 21, 1985 Sec. 16.1-308. No person shall park a vehicle or permit it to stand, whether attended or unattended, upon a street in front of a public entrance or diiveway, or to park any vehicle so as to block a public•or private driveway of a business, commercial, industrial or other like establishment, or within fifteen feet in either direction of a fire hydrant, or the entrance to a fire station, nor within twenty feet from the intersection or curb lines, or, if none, then within fifteen feet of the intersection of property lines_at an intersection of streets. Sec. 16.1-309. It shall be unlawful for any person to park any loaded gasoline, fuel, or kerosene truck in any business or residence distri~t in the Town, except for the immediate and continuous loadin and unloading and delivery or pick-up of said gasoline, fuel, ~r kerosene. Sec. 16.1-310. Manner of Parking. (a) Vehicles parked on a street may be parked only in a position parallel with the curb or edge of the street and with the wheels of such vehicle on the curb side at a distance not greater than eighteen inches from the curb or edge of the street; except, however, that said eighteen inch distance shall not apply when the entire vehicle is contained within a marked parking space. Each vehicle shall be parked headed in the direction in which it would be headed if it were moving in lawful traffic .along the street, except, however, upon those streets where it is otherwise provided by signs, or upon streets where parking is allowed only on one side. It shall be unlawful for any person to stop or park two or more vehicles abreast and parallel with the curb. Sec. 16.1-311. Use of Loading Zones. During the period from 8:00 a.m. to 6:00 p.m. every day except Sunday, no person shall stop, stand or park any vehicle in any loading zone except for the immediate and continuous unloading and delivery or pick-up and loading of materials to or from a vehicle. During such loading or unloading, such vehicle shall display flashing lights. Sec. 16.1-312. Loading or Unloading Vehicle in Traveled Portion of Street . No person shall stop, stand or park a vehicle on the traveled portion of any street or highway except for the immediate and continuous unloading and loading or delivery or pick-up of cargo to or from said vehicle. During such loading or unloading, said vehicle shall display flashing lights. Sec. 16.1-313 Parking Certain Purposes. Prohibited in Certain Zones and for No person shall park any vehicle on any public street or highway or in any municipal parking lot: (1) In any place or zone where parking Parking" signs or by yellow lines painted on (2) For the purpose of displaying such (3) For greasing, washing, waxing, vehicle, except for repairs necessitated unforeseen breakdown. is prohibited by "No the curb. vehicle for sale. or repairing such ~y an emergency or ~8~3 ('~4) For the selling of produce or merchandise, except in a duly established marketplace or zone when duly licensed under the appropriate licensi~ordinance__of the Town. for the activity. ~Q~/~ May 21, 1985 Sec.. 16.1-314. Establishment of Free Parking S aces and Zones and Time Limits Therein. The Town Manager is hereby authorized to establish free parking spaces and zones along the public streets and highways and in municipal par~Cing lots of the Town where it is determined that such sp'hces and- zones would aid in the regulation and control of parking in the Town. Such free parking spaces and zones may be designated for parking only for a limited duration of time. Such spaces or zones so designated shall be marked by conspicuous signs clearly indicating the maximum duration of time a vehicle may be parked in such space or zone. Sec. 16.1-315. Overtime Generally. Between the hours of Sundays, no person shall parking space on any public parking lot for longer than parking space. Parking in Free Parking Spaces 9:00 a.m. and 5:30 p.m., except park or remain parked in any free street or highway or in any municipal the maximum time designated for such Sec. 16.1-316. Two Hour Limit On Parking in Free Space in Municipal Parking Lot. Except on Sundays, no person shall park and remain parked in free parking spaces or areas in any one municipal parking lot for more than two (2) continuous hours, whether occupying the same parking space or not. Sec. 16.1-317. Unauthorized Use of Rental Saace in Municipal Parking Parking Lot. No person shall park any vehicle in any rental space in any municipal parking lot except with the express advance permission of the renter of the space. At the request of a renter whose space is found occupied by a vehicle in violation of this subsection, such violating vehicle shall be towed away, with the owner of the violating vehicle chargeable with the costs of such removal and storage. Such towing shall be in addition to and not in lieu of any other penalty provided by this chapter. Sec. 16.1-318. Parking in Metered Space Without Obtaining or In Excess of Lawful Parking Time. (a) No person shall park in any metered parking space during the time the parking___ mete r_ _is __in __operat_ion___unless ._ appropriate coins of United States currency are deposited in the meter and lawful parking time is obtained or unless coins have been previously deposited in the meter and unexpired lawful parking time remains. Any person parking in a metered space which does not have lawful parking time remaining shall deposit a coin or coins in the meter immediately after parking in such space . (b) No person shall remain parked in any metered parking space after the expiration of the lawful parking time or while the parking meter for such space indicates, by flag or signal, that the lawful parking time has expired. Sec. 16.1-319... Dama~jing, Tampering With, Etc., Parking Meters. Any person who shall deface, injure, tamper with, open, willfully break or destroy, or impair the usefulness of, any parking meter in the Town, or who shall willfully manipulate any parking meter in such a manner that the indicator will fail to show the correct amount of unexpired time before a violation, shall be guilty of a Class 1 misdemeanor. Sec. 16.1-320. Unauthorized Use of Parking Space Reserved for Handicapped. No person shall park any vehicle in a parking space reserved for the handicapped, and so designated by a sign erected or placed thereat, on any public street or highway, in any municipal parking lot or at any privately owned shopping center or business 1 May 21, 1985 ~5 NOW,. THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 21st day of May, 1985, that Mr. William D. MacGill, Jr. be and hereby is reappointed for an additional term as a member of the Industrial Development Authority, with his new term to run until May 21, 1989, or until a successor is named. This resolution is effective upon adoption and is adopted this 21st day of May, 1985, by recorded vote of Cc>unc:il. LAND, BUILDINGS AND STREETS COMMITTEE Chairman Boyd absent. RECREATION AND PARKS COMMITTEE Chairman Neighbors had no report, however, brought one concern of the citizens to',Council. The purchase of materials for Calfee Park wall was not bought from local bu~stinesses. Mr. McKeever advised the Town is responsible to act under the Virginia Procurement Act. He stated bids were sent out for lowest bid. FINANCE COMMITTEE Chairman Crawford had no report. ORDINANCE COMMITTEE Chairperson Copenhaver moved to enact an ordinance changing the provisions of the Town Code on Traffic and Motor Vehicles by adopting Chapter 16.1 and repealing Chapter 16, seconded by Councilma;~ Glenn and carr;.ed on the following recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye Ira S. Crawfor~ - Aye James M. ;>Tebleti: -Aye Mary Lou Coepnhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye TRAFFIC AND ORDINANCE CHANGING THE PROVISIONS MOTOR VEHICLE Of THE' TOtw'N CODE ON TRAFFIC AND ORDINANCE MOTOR VEHICLES, BY ADOPTING Chapter 16.1 ADOPTED AND REPEALING Chapter 16 BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 21st day of May, 1985, that Chapter 16.1 of the Town Code, in the form attached hereton, be and hereby is enacted into law; and; BE IT FURTHER ORDAINED that upon the enactment of said Chapter 16.1, Chapter 16 of said Code is repealed. This ordinance is effective upon adoption and is hereby adopted this 21st day of May, 1985, by recorded vote of the Council. MOTOR VEHICLES AND TRAFFIC ARTICLE I. IN GENERAL Sec. 16.1-101. Scope of Chapter. This Chapter shall apply to every street, road, lane, boulevard, alley, sidewalk, driveway, parking lot and other way for vehicular or pedestrian traffic within the Town, the use of which the Town has jurisdiction and authority to regulate. Sec . 16 .1-102 . ~~ Definitions . Words and phrases used and contained in this Chapter shall have the meanings ascribed to them by Section 46.1-1 of the Code of Virginia, except where the context clearly requires a different meaning. "7836 May 21, 1985 Sec. 16.1-103. Adoption of State Law Generally. Pursuant to the provisions of Section 46.1-188 of the Code of Virginia, all of the provisions and requirements of the laws of the state relative to the operation of vehicles contained in Title 46.1 of the Code of Virginia, the violation of which are misdemeanors or traffic infractions, except those which, by their very nature, can have no application within the Town, are hereby adopted and made a part of this Chapter as fully as though set out herein verbatim, and are hereby made applicable within the Town. Reference therein to "highways of the state" shall be deemed to refer to streets, highways and alleys within the Town. It shall be unlawful for any person within the Town to violate or fail, neglect or refuse to comply with any section of the Code of Virginia which is adopted by this section. The penalty for such violation shall be the same as that provided for a violation of the same state law so adopted. Sec. 16.1-104. Adoption of State Law as to Driving While Intoxicated. Pursuant to the provisions of Section 46.1-188 of the Code of Virginia, all of the provisions and requirements of the laws of the State contained in Article 2 (18.2-266 et seq), of Chapter 7 of Title 18.2 of the Code of Virginia are hereby adopted and made part of this Chapter as fully as though set out herein verbatim and are hereby made applicable within the Town. :'Reference therein to "highways of the state" shall be deemed to ~~refer to streets, highways and alleys within the Town.- It shall Lbe unlawful for any person within the Town to violate or fail, neglect or refuse to comply with any section of the Code of '..Virginia which is adopted by this section. The penalty for such '.violation shall be .the same as that provided for a violation of ..the same state law so adopted. __ Sec. 16.1-105_ General Duties of Police with Respect to Traffic. (a) It shall be the duty of the Chief of Police, the Officers of the Police Department and such other Officers as are assigned by the Chief of Police to enforce the provisions of this Chapter and the state vehicle laws applicable to traffic in the Town; to make arrests for traffic violations and infractions; to assist in the prosecution of persons charged with such violations and infractions; to investigate accidents; to cooperate with other officials of the Town in the administration of this Chapter and in developing ways and means to improve traffic conditions; and to carry out those duties specially imposed by this Chapter and other ordinances of the Town relative to traffic. (b) Such Officers shall be uniformed at the time of such enforcement or shall display their badge or other sign of authority; and provided further, that all Officers making arrests incident to the enforcement of this Chapter shall be paid fixed and determined salaries for their services and shall have no interest in, nor be permitted by law to accept the benefit of, any fine or fee resulting from the arrest or conviction of an offender against any provision of this Chapter. 4Sec. 16.1-106. Deputizing Persons to Direct Traffic. (a) The Chief of Police may deputize persons over the age of eighteen (18) years, without the power of arrest, for the limited purpose of directing traffic in accordance with Section 46.1-183 of the Code of Virginia during periods of heavy traffic or congestion, provided such persons first receive such training as the Chief of Police determines necessary to fully acquaint them with the techniques of traffic control. (b) Any person deputized pursuant to this section shall, at :all times while engaged in traffic control, wear a distinctive ;police uniform, safety vest or a white reflectorized belt which crosses both the chest and back above the waist. ,'iSec. 16.1-107. Authority of Fire Department Officials to Direct Traffic. Officers of a Fire Department Police in directing traffic at or in fire, and while so acting, shall have Officers. may direct or assist the the immediate vicinity of a all the authority of peace May 21, 1985 ~ ~ 'Sec. 161-108. Violations of Chapter Generally. Unless otherwise specifically provided, a violation of any provision of this Chapter shall constitute a traffic infraction. Sec. 16.1-109. Record of Traffic Violations and Infractions. (a) The Police Department shall keep a record of all violati©ns and infractions of the provisions of this Chapter and other ordinances of the Town relative to motor vehicles and traffic, except stopping, standing or parking violations, and of the state vehicle laws of which any person has been charged by an Officer of the Department, together with a record of the final dispos'tion of all such alleged violations and infractions. ( ) Records required by this section shall be maintained for a ive (5) year period. Sec. 16.1-110. Powers and Duties of Town Manager Relative to Traffic and Parking Generally. They Town,4 Manager, except as otherwise provided by this Chapter and except as otherwise directed, from time to time by the Ccuncil, shall have power and is hereby authorized to regulate' the operation and parking of vehicles within the corporate limits of the Town by the erection or placing of proper signs cr~ markers indicating prohibited or limited parking, angle parking, the parking of buses, trucks and other vehicles of various weights, parking meter zones, restricted speed areas, stop streets, through or arterial streets, "U" turns, turning at intersections, hazardous intersections, play streets, school zones, 'hospital zones, loading and unloading zones, quiet zones, and one-way streets; traffic-control signals exhibiting colored lights or the words "go", "caution", or "stop"; and, other signs or markers indicating the place and manner of operating or parking vehicles in the Town. -' The Town Manager shall also have power and is hereby authorized to regulate the movement of pedestrians upon the streets and sidewalks of the Town by the erection or placing of r proper signs or markers indicating the flow of pedestrian traffic . The Town Manager shall also have power and is hereby '. authorized to designate bus stops and to erect signs prohibiting the parking of vehicles other than buses at such stops. The Town Manager shall also have power and is hereby authorized to designate stands for taxicabs and for-hire cars and to erect, signs prohibiting the parking therein of vehicles other than taxicabs or for-hire cars. The Town Manager is further empowered and authorized to mark i off traffic lanes on streets and parts of streets indicating and directing the flow of traffic. The Town Manager shall further have power and is hereby authorized to secure all such necessary signs, signals or markers to be erected or placed on any street or part of a street. ~ The existence of such signs, signals or markers at any place within the corporate limits of the Town shall be prima facie evidence that such signs, signals or markers were erected or placed by and at the direction of the Town Manager in accordance with~the provisions of this Section. It shall be unlawful for any person to fail or refuse to comply with the directions indicated on any sign, signal or marker erected or placed in accordance with the provisions of this Section, when such sign, signal or marker so placed or erected is visible and legible. s I V~~ May 21, 1985 Sec. 16.1-111. Duty of Town Manager to Erect and Maintain Signs, Signals, Etc. The Town Manager or, in his absence, such person as he may direct shall place and_maintain traffic-control signs, signals and devices when and as required under the provisions of this Chapter. Sec. 16.1-112. Special Permits Issued by the Town Manager. (a) The Town Manager, in his discretion, may issue special permits authorizing the operation upon a street of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks. (b) The Town Manager, in his discretion, may upon application in writing and good cause being shown therfor, issue a special permit in writing authorizing the applicant to operate or move a vehicle upon the streets of the Town of a size or weight exceeding the maximum specified in this Chapter. Every such permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or '; conditions deemed necessary by the Town Manager. Every such permit shall be carried in the vehicle to which it refers and shall be open to inspection by such Officer, and it shall be unlawful for any person to violate any of the terms or conditions I of such special permit. (c) It shall be unlawful for any person to operate a vehicle described in paragraphs (a) or (b) without such a permit. Sec. 16.1-113. Erection of and Obedience to Signs or Barricades Warning Traffic of Act a Conditions. p (a) All persons, public utilities, franchises and Town Departments shall be required, subject to any guidelines and specifications which from time to time may be established by the Town Manager or the Chief of Police, to erect or maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice and warning of the existence of all actual conditions present on the streets or sidewalks of the Town. Barriers and signs erected by public utilities or Town departments to be used for a continuous period longer than twenty-four (24) hours must be approved by the Town Manager, Town Engineer, or Chief of Police prior to the placement of such barriers or signs. Such approval is not required for barriers or signs to be used for a period less than twenty-four (24) hours, although specifications and guidelines established by the Town Manager, Town Engineer, or Chief of Police are still applicable. It shall be unlawful for any person to disobey the instructions of any barrier or sign placed in any street or sidewalk. (b) No person shall ride or drive any animal or vehicle or walk over any newly-made pavement or freshly-painted marking in any highway, when a barrier or sign is in place warning persons not to drive over such pavement or marking or when a sign is in place stating that the street or any portion thereof is closed. Sec. 16.1-114. Obedience to Traffic-Control Devices. Except as otherwise provided, it shall be unlawful for any person to fail, neglect or refuse to obey or comply with the requirements of any sign, marker, semaphore, signal or other device for the regulation and control of vehicular traffic and travel upon streets or highways by pedestrians placed in ` accordance with the provisions of this Chapter or other ordinance of the Town. May 21, 1985 ~$~9 MOTOR VEHICLES AND TRAFFIC ARTICLE II. TOWN VEHICLE LICENSES Sec. 16.1-201. Required. Except as otherwise provided in this Article, the owner of every motor vehicle which is normally garaged, stored or parked in this Town shall have such vehicle currently licensed by the Town. In the event it cannot be determined whether such vehicle is normally garaged, stored or parked in this Town, the domicile of the owner shall govern. Sec. 16.1-202. Exceptions. No motor vechicle shall be required to be licensed by this Town when: (1) The motor vehicle has been licensed in Virginia by another city, county or town where it is normally garaged, stored or parked . (2 )` The motor vehicle was properly licensed by another city, county or town in Virginia prior to being required to be licensed in this Town and such other license is still valid. (3) The motor vehicle is owned by a nonresident of this Town and is used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation other than that set forth in paragraph (4) below. j (4) The motor vehicle is owned by a nonresident and is used for transporting, into and within this Town, for sale in person or by his employees, wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream or eggs produced or grown by him, '. and not purchased by him for sale. (5) The motor vehicle is owned by an Officer or employee of the Commonwealth who is a nonresident of this Town and who uses the vehicle in the performance of his duties for the Commonwealth under an agreement for such use. (6) The motor vehicle is kept by a dealer or manufacturer for sale or for sales demonstrations. (7) The motor vehicle is operated by a common carrier of persons or property operating between cities and towns in this { state and in intratown transportation; or, between cities and '' towns on the one hand and points and places without cities and j towns on the other and not in intratown transportation. Sec. 16.1-203. License Year. A license issued under this Article shall be valid from September first of one year until August thirty-first of the following year. Sec. 16.1-204. Fee. The annual license fee for vehicles required to be licensed under this Article shall be as follows: (1) Automobiles: Fifteen Dollars ($15.00). Automobiles not used for hire: Fifteen Dollars ($15.00), regardless of weight. On every automobile used for hire, there shall be a tax of Fiv Dollars ($5.00) plus Fifty Cents ($.50) per hundred (100) pounds ~ of weight or fraction thereof, as determined by the manufacturer's shipping weight. Such tax shall not be in lieu of any other license required under provisions of this Article. (2 )' Trucks of not more than fifteen thousand (15,000) pounds gross weight: Fifteen Dollars ($15.00). (3) Trucks of more than fiftegn thousand (15,000) pounds gross weight: One Dollar ($1.00) per thousand (1,000) pounds ~ross_ ' ~?1e 19h t , _ ~_ ~~~ May 21, 1985 (4) Motorcycles: Three Dollars ($3.00). Sec. 16.1-205. Payment of Vehicle Personal Property Taxes Prerequisite to Issuance. No motor vehicle shall be licensed under this Article, unless the applicant for such license produces satisfactory evidence that all personal property taxes upon such motor vehicle to be licensed have been paid and also satisfactory evidence that any delinquent motor vehicle personal property taxes owing have been paid, which have been properly assesed or are assessable against the applicant by this Town. Sec. 16.1-206. Certificate Prerequisite to Issuance-for Taxicab or For-Hire Car. No motor vehicle used as a taxicab or for-hire car shall be licensed under this Article, unless the applicant for such license has a current certificate of public convenience and necessity issued for such vehicle pursuant to this Code. Sec. 16.1-207. Issuance of Decal Generally. Upon proper application, payment of the prescribed fee and compliance with other provisions of this Article, a Town license decal shall be issued for a motor vehicle licensed under this Article. Sec. 16.1-208. Issuance of Decal for Vehicle Owned and Used by Disabled Veteran. Any veteran, who .holds a current Virginia motor vehicle registration card establishing that such person has received a disabled veteran's motor vehicle license plate as prescribed in Section 46.1-149.1 of the Code of Virginia, shall be entitled to receive a Town license decal for one motor vehicle owned and used personally by such disabled veteran without payment of any license fee. Sec. 16.1-209. Failure to Display Current Decal. It shall constitute a misdemeanor for any person to fail or refuse to display a current license decal on any motor vehicle required to be licensed under the provisions of this Article, punishable by a fine of Fifteen Dollars ($15.00). Sec. 16.1-210. Display of Expired Decal. It 'shall constitute a misdemeanor punishable by a fine of Twenty Dollars ($20.00) for any person to display a Town license decal on any motor vehicle after the expiration date of such license decal. , Sec. 16.1-211. Replacement Decals. Whenever any person has traded Article for another vehicle of like all or the majority portion of replacement decal shall be issued. be obtained upon satisfactory proof destroyed or mutilated through no Dollar ($1.00) fee shall be charged Sec. 16.212. Form of License. a vehicle licensed under this type, upon the surrender of the old license decal, a A replacement decal may also that the existing decal was fault of the owner. A One for replacement decals. The Town reserves the right to issue the license called for by this Chapter in the form of metal plates, tags or tabs, or decals, or any other kind of device bearing a serial number, the name of the Town, the year of expiration, and such other information as may be designated by the Council of the Town by Resolution from time to time. May 21, 1985 I t~7~~ MOTOR VEHICLES AND TRAFFIC STOPPING, STANDING .AND PARKING ARTICLE III. Sec. 16.1-301 Application of Article; Definitions. (a) The provisions of this Article regulating the stopping, standing and parking of vehicles in this Town shall apply at all times or at such times as specified herein or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with traffic or in compliance with the directions of a Police Officer or a traffic-control device. ('b) As used in this Article, the term "vehicle" shall be construed not only to include everything encompassed by the term "vehicle" as that term is defined in Section 46.1-1 of the Code of Virginia, but also bicycles. (c) Whenever the term "Chief of Police" is used in this Article, it shall include any acting Chief of Police or any Police Officer to whom the Chief of Police has delegated the responsibility for the duty described. (d) The term "municipal parking lot" shall include all such lots owned or operated either by the Town or by the Pulaski Parking Authority, except as otherwise provided. Sec. 16.1-302. Authority of Town Manager. The Town Manager is hereby authorized and directed, except as otherwise expressly provided, to make and promulgate rules and regulations for the stopping, standing and parking of vehicles on the streets, highways, and municipal parking lots of this Town, including the right to classify vehicles with reference to parking and to designate the time, place and manner such vehicles may be allowed to park on Town streets; to cause to be erected any sign, marking or traffic-control device necessary; and to amend, alter, or revoke, either temporarily or permanently, any such rule or regulation at any time. The existence of any sign, marking or traffic-control device giving notice or warning of any such rule or regulation shall be prima facie proof that such rule or regulation has been promulgated by the Town Manager in accordance with this Section. Sec. 16.1-303. Parking Enforcement Officers. The Chief of Police, with the approval of the Town Manager, may appoint one or more parking enforcement officers who shall have the duty to enforce all laws, ordinances, rules and regulations in this Town relating to the stopping, standing and parking of vehicles and to issue tickets, citations or summonses for violations thereof. The appointment of any parking enforcement officer shall in no way limit or restrict the power or authority of any Police Officer or other law-enforcement officer to enforce such laws, ordinances, rules and regulations. Sec. 16.1-304. Presumption as to Signs Regulating Parking, Standing or Stopping; Unauthorized Signs. (a) Any sign erected or placed upon any public street or highway or in any municipal parking lot regulating the stopping, standing or parking of vechicles shall be presumed to be an offici~-1 sign erected or placed at the direction of the Town Manager.. It shall be unlawful and shall constitute a Class 4 misdemeanor for any person not authorized by the Town Manager to erect or place anysign upon any public street or highway or in any municipal_parking_lot purporting to regulate the stopping, standirg or parking of vehicles. (t^)' The Town Manager is hereby authorized to designate and have appropriately marked parking spaces along public streets or highways and in municipal parking lots for free parking, rental parking and metered parking. Such marked spaces along a street or highway shall be accessible from the traffic lanes of such street or highway. The Town Manager shall designate the parking space .adjacent to each parking meter for which such meter is to be used: ~~~ May 21, 1985 Sec. 16.1-305. Damaging, Removing, Etc., Stopping, Standing or Parking Signs. It shall be unlawful and a Class 1 misdemeanor for any person to damage, remove, deface or alter any official sign regulating the stopping, standing or parking of vehicles in this Town . Sec. 16.1-306. General Prohibitions. No person shall stop, stand or park any vehicle in any of the following places: (1) On or over a sidewalk. (2) In front of a public or private driveway. (3) Within an intersection or within twenty (20) feet from the intersection of curb lines or; if none, then within fifteen (15) feet of the intersection of property lines at an intersection of streets or highways, unless otherwise permitted by signs or street markings. (4) Within fifteen (15) feet in either direction of a fire hydrant or the entrance to a fire station. (5) Within fifteen (15) feet in either direction of the entrance to a building housing rescue squad equipment or ambulances, provided such a building is plainly designated. (6) Within any area along a public street or highway between the curb and the sidewalk or on or over any .public sidewalk. (7) On or over a crosswalk. (8) Within twenty (20) feet of a crosswalk at an intersection, unless otherwise permitted by signs or street markings. (9) Within fifteen (15) feet of any stop sign, flashing beacon or traffic-control device located at the. side of a roadway. (10) WitYr'in twelve (12) feet of the nearest rail of a railroad. (11) On the roadway side of any vehicle stopped, standing or parked at the edge or curb or a street or highway. (12) Alongside or opposite any street or highway excavation or obstruction, when such stopping, standing or parking would obstruct or impede traffic. (13) Within any public alley in such a manner as to block said alley or any driveway or the entrance to any abutting property. . (14) At any place where less than one full lane of a street or highway will be left open and clear for the free movement of traffic. (15) At any place where an official sign prohibits stopping or standing. Sec. 16.1-307. It shall be unlawful for any person to park any motor vehicle on any public street or highway or in any municipal parking lot without a valid state license plate or tag affixed to such vehicle. May 21, 1985 / V~C~ 'office, unless such vehicle is engaged in the transportation of a handicapped person and is bearing or displaying a valid special license plate, decal or parking permit lawfully issued by the State Division of Motor Vehicles pursuant to the provisions of Section 46.1-104.1, 46.1-149.1, or 46.1-254.2 of the Code of Virginia to or for use by such handicapped person. A ticket, citation or summons for any violation of this Section at a privately owned shopping center or business office may be issued by any Police Officer or parking enforcement officer without the necessity of a warrant being obtained by the owner of such shopping center or busineess office. The owner of any privately owned shopping center .or business office shall have the sole responsibility for furnishing, erecting, or placing any necessary signs 3esignating handicapped parking at such shopping center or business office . Sec. 16.1-321. Fire Lanes. ('a) Findings. The council finds that in order to protect the citizens and their property and to provide for the health, safety, and general welfare of persons and property within the Town it is necessary to establish, both on public and private property, fire lanes and rules and regulations governing their regular use and the use of certain areas adjacent thereto in order to provide free access to buildings for fire fighting and other emergency vehicles in case of fire or other emergencies. .- . _ -- - - -- - - ---- - _ __. wr, fib) Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: Agent. The Fire Chief or his designated assistant. Emergency Vehicles. Fire Department, life saving and rescue vehicles, equipment and apparatus. Fire Lanes. Areas reserved and marked with appropriate signs for in which use by fir parking and e and other emergency vehicles and apparatus other obstructions will be prohibited. Lane Adjacent to Fire Lanes. Any public or private roadway upon which t~ affic moves either as through traffic or traffic within th e bounds of the subject property. Parking. Stopping a motor vehicle, whether with or without a person in attendance and whether or not the motor is running. Police Officer. Any law-enforcement officer authorized to make an arrest or preserve the peace. Town Manager. the Town Manager or assistant Town Manager. (c) Establishment. 1. The Town Manager or his agent is hereby authorized to establish and designate, on public or private property used for commercial or public purposes, fire lanes within the Town where in his judgment and opinion fire lanes are deemed necessary in order to allow fast and unimpeded access to buildings and their access and egress facilities for emergency vehicles and their personnel, to provide efficient and effective fire protection and emergency services. 2. All fire lanes shall be plainly marked with signs and street markings; the width of the lanes shall be not less than eight (8) feet measured from existing curbs or form the edge of the pavement where no curbs exist, unless the topography of the street, architectural design of the buildings, entrance for ingress and egress or other factors are such as would, in the exercise of good judgment, dictate a lesser width. Lanes shall not be of a greater width than twelve (12) fees unless the same factors stated above for marking a lane less than eight (8) feet are used. 3i. Marking and approved signs to designate fire lanes shall be either provided by, or if provided by the Town at the Town's sole determination, shall be paid for by the owner or agents of the property involved, under guidelines established by this Section or by the_Town Manager or through his agent. ~~~ May 21, 1985 4. The curb or pavement edge of all fire lanes shall be ~.~~ted yg~IQWr_, _-~X Lxli~1RA marking in the .area designated a -- - __ .. fire lane or other markings shall be obliterated or painted over in a manner approved by the Town Manager or his agent. 5. The design of signs shall be such as approved in the Virginia Manual on Uniform Traffic control Devices and shall be marked "No Parking--Fire Lane." The signs shall be located every one hundred (100) feet or, if the Town Manager or his agent determines it necessary to install additional signs, the owner or agent shall install and locate such signs in a proper position and sufficiently legible to be seen by the ordinarily observant person. The signs shall b~ placed as follows or as directed by the Town Manager or agent: a. Paved edge to sign edge--not less than one (1) foot nor more than three (3) feet. b. Curb face to sign edge--not less than one (1) foot nor more than three (3) feet. c. Top or curb or pavement to sign bottom--seven (7) feet. Posts for signs where required shall be metal and the sign securely mounted. 6. No lanes shall be established which shall be in conflict with other ordinances of the Town, laws of the State or the State Highway Department for Traffic Control or which reduces the required width of entrances or exits to the building or parking lots. (d) Obstruction of Traffic Lanes Prohibited. Parking or obstructing traffic lanes adjacent to established fire lanes is hereby prohibited. Property owners or their agents shall mark all such pavement or traffic ways with "No Parking" signs and, where deemed necessary by the Town Manager, with appropriate upright signs . (e) Violations and Penalty. 1. It shall be unlawful for any person to park or obstruct a fire lane or traffic lane in any manner. Any violation of this paragraph is hereby deemed to be a misdemeanor and upon conviction thereof shall be punishable by a fine of Fifteen Dollars ($15.00) for each separate violation. 2. Police Officers of the Town, upon observing a violation of this subsection, shall issue a traffic ticket for the violation in the same manner and procedure as provided for the issuance of traffic tickets under this Chapter. Sec. 16.1-322. Violations of Article Generally. Any person who violates any provision of this Article, except Sections referred to in Section 16.1-306 and except as otherwise provided in any specific Section, shall be guilty of a Class 4 misdemeanor. Sec. 16.1-323. Separate Offenses for Violation of Stopping, Standing or Parking Regulations. _ Every day that a vehicle is permitted to stop, stand or park in a place, zone or area where this Article or-the rules and regulations promulgated thereunder prohibit such vehicle from stopping, standing or parking shall constitute a separate violation. Sec. 16.1-324. Separate Offenses as to Overtime Parking. Whenever parking is limited to a specified length of time in a free parking space, it shall be a separate violation for each such period of time in excess of that allowed that a vehicle remains parked in the same parking space during the same day, and May 21, 1985 whenever a vehicle remains parked in a metered parking space after the expiration of the lawful parking time, it shall be a separate violation for each hour the vehicle remains parked in that space after the issuance of the first parking violation citation; provided, however, that no more than three (3) violations in all for such overtime parking shall be charged for permitting a vehicle to remain parked in the same parking space during~~the same day. ~~~ Sec. !x.6.1-325. Procedure for Ticketing Unattended Motor Vehicles; Serving Citations if Vehicle Attended. Whenever any vehicle without a driver is found stopped, standing or parked in violation of this Article or any other ordinance of the Town or any other law, rule or regulation, the Offices finding such vehicle shall conspicuously affix to such vehicl~ a parking citation, on a form provided by the Chief of Police,, on which shall be entered by the Officer the date and hour of the violation, the State license plate or registration number and the and the manufacturer's make, if known, of the vehicle, the parking meter number, if a meter violation, and such other information as may be called for on such form, together with an indication of the exact violation alleged. The remaining copies of the citation shall be promptly filed with the Police Department. If the operator or driver of such vehicle is present, the parking citation shall be personally given to him. The citation shall state the penalty applicable to the violation alledged and also state, in summary form, the procedure for contesting the violation. Sec. 16.1-326. Parking Citation Penalties. The penalty applicable to parking citations issued for violations of the following Sections of this Article shall be as ---- herein indicated: VIOLATIONS FINE 1. Parking Meter Violations 1.00 2. Overtime In a Limited Area 2.00 3. Parked In a Prohibited Area 3.00 4. Parked On Sidewalk 5.00 5. Overtime Parking In Loading Zone 3.00 6. Blocking Driveway 3.00 7. Parking Over 18 Inches From Curb 3.00 8. Parked Within 15 Feet of Fire Hydrant 5.00 9. Improper Parking 2.00 10. Overtime Parking 3.00 11. , Fire Lane -~ 15.00 12. No Town Auto License 15.00 13. Handicap Zone 15.00 14. Parking With No Current State License 25.00 15. Parking On Yellow Line 3.00 Sec. 16.1-327, Satisfaction of Uncontested Parking Citations. Uncontested parking citations shall be satisfied by paying the appzopriate penalty to the Town Treasurer within seventy two (72) hours after the issuance of the citation . Sec. 16.1-328. Failure to Pay or Contest Par king Citation Within Seve n Two X72) Hours. ' ~) It shall be unlawful for any perso n to fail or refuse to pay or contest any parking citation issue Article within seventy-two (72) hours after d pursuant to this its issuance. All failures to pay or contest parking citations within seventy-two (72) hours after issuance shall be promptly reported by the Town Treasurer to the Police Department. (b) Before any summons or warrant shall be issued for the prosecution of any person for failing or refusing to pay or contest a parking citation within seventy two (72) hours after issuance, the person shall first be notified, by first class mail at his last known address or at the address shown for such person on the records of the State Division of Motor Vehicles, that he must pay the penalty provided for the parking citation issued to him ~~ the Town Treasurer withing five (5) days or he will be ~$~~ May 21, 1985 charged with failing or refusing to pay or contest such citation. Such notice shall be contained in an envelope bearing the words "Law Enforcement Notice" stamped or printed on the face therof in type of at least one-half (1/2) inch in height. The mailing of such notice shall be promptly reported to the Town Treasurer. If no response is received by~the Treasurer within seven (7) calendar days after the mailing of such notice, the Treasurer shall cause a summons or warrant to be issued for such delinquent Sec. 16.1-329. Ordinances Regulating Parking Defined. Only those Sections of this Article which are listed in Section shall be construed as ordinances regulating parking. All other Sections of this Article for which penalties are attached shall~be construed as general criminal and traffic ordinances of the Town._ Sec. 16.1-330. Presumption in Prosecution for Violation of Article; Evidence of Vehicle Ownership. (a) In any prosecution charging a violation of this Article or any rule or regulation issued pursuant thereto or of any other ordinance of the Town involving the stopping, standing or parking of vehicles, proof that the vehicle described in the parking citation, summons or warrant was parked in violation of any ordinance, rule or regulation, together with proof that the Defendant was, at the time of such parking, the registered owner of the vehicle, as required by Chapter 3 of title 46.1 (Section 46.1-41 et seq.), of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who stopped or parked the vehicle at the place where, and for the time during which, such violation occurred. (b) A certificate under seal of the State Division of Motor Vehicles setting forth the distinguishing number or license plate of a motor vehicle, trailer or semitrailer, together with the name and address of the owner thereof, shall be prima facie evidence of the ownership of the vehicle to which such distinguishing number or license plate has been assigned by the Division of Motor Vehicles. Any copy, machine produced transcript or photograph of the record or paper, or certification purporting to be sealed or sealed and .signed by the State Commissioner of Motor ~lehicles or someone designated by him shall be admitted in evidence without any proof of the seal or signature or of the official character of the person whose name is signed thereto. Sec. 16.1-331.. Provisions of Article as to Parking Time Limits Not Exclusive. The provisions of this Article relating to time limits for parking in free parking spaces or metered parking spaces shall not relieve any person from the duty to observe other and more restrictive provisions of this Article or other ordinance of the Town or of the Virginia Motor Vehicle Code prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. Sec. 16.1-332 Exemptions for Jurors Parking While on Jury Duty• Any person summoned to serve on either a Grand or Petit Jury for the Circuit Court of Pulaski County or the Town of Pulaski shall, while actually serving, have the right to park in any free parking space in excess of any time limitation applicable to such space or to park at any metered space without depositing coins in the parking meter or obtaining lawful parking time therefor, if such juror shall conspicuously display on the windshield of his motor vehicle a juror parking permit issued by the Court. Sec. 16.1-333, Removal of Trespassing Vehicles by Owner, Etc., of Parking or Other Lot or Building. (a) It shall be lawful for any owner, operator or lessee of any parking lot or parking area or space therin or part thereof, or of any other lot or building, to have any vehicle occupying such lot, area, space or building, or part hereof, without the i stay 21, 1985 ~~9 permission of such owner, operator, lessee or authorized agent of the one having the control of such premises, removed, by towing or otherwise, to a licensed garage for storage until called for by the owner of the vehicle or his agent; provided, that notice of such action shall be first or simultaneously therewith given to the Chief of Police, and provided further, that in the event of such removal and storage, the ow~aer of the vehicle involved shall be chargeable with and the vehicle may be held for a reasonable charge for its removal and storage. (b) This Section shall not apply to Police, Fire or public health vehicles or where a vehicle shall, because of a wreck or other emergency, be parked or left temporarily upon the property of another . Sec. 16.1-334. Removal, Storage and Sale of Certain Unattended •- - Vehicl~s. ('a) Whenever any motor vehicle, trailer or semitrailer is found on the public streets or public grounds unattended by the owner or operator and 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, within the Town, or is abandoned upon such public property or privately owned property, without the permission of the owner, lessee or occupant thereof, such motor vehicle, trailer or semitrailer may be removed for safekeeping, by or under the direction of a Police Officer, to a storage garage or area; provided, however, that no such vehicle shall be so removed from privately owned premises without the written request of the owner, lessee or occupant thereof... (b) The person at whose request a motor vehicle, trailer or - _--_ .. g~ - __ a_ semitrailer is removed from privately owned property pursuant to this Section shall indemnify the Town against any loss or expense incurred by reason of the removal, storage or sale therof. (c) For the purposes of this Section, it shall be presumed that such motor vehicle, trailer or semitrailer, or part thereof, is abandoned if it lacks either a current State license plate, a current county, city or Town plate or sticker or a valid State Inspection certificate or sticker and has been in a specific location for ten (10) days without being moved. (d) Each removal under this Section shall be reported immediately to the. Chief of Police, and notice therof given to the owner of the .motor vehicle, trailer or semitrailer as promptly as possible. The owner of such vehicle or trailer or semitrailer, before obtaining possession thereof, shall pay to the Town all reasonable costs incidental to the removal, storage and locating the owner of the vehicle, trailer or semitrailer. Should such owner fail or refuse to pay the cost or should the identity or whereabouts of such owner be 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 State Division of Motor Vehicles against the vehicle, trailer or semitrailer, the Chief of Police may, after holding the vehicle, trailer or semitrailer forty (40) days and after due notice of sale, dispose of the same at public sale and the proceeds from, the sale shall be forwarded by the Chief of Police to the Town Treasurer; provided, however, that if the value of such vehicle, trailer or semitrailer is determined by three (3) disinterested dealers or garagemen to be less than One Hundred Fifty Dollars ($150.00), it may be disposed of by private sale or junked. (e) Any personal property found in any unattended or aband ned motor vehicle, trailer or semitrailer may be sold incid nt to the sale of such vehicle pursuant to this Section. f) The Town Treasurer shall pay, from the proceeds of any sale under this Section, the cost of removal, storage, inves~.igation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner and paid to the owner upon satisfactory proof of ownership. -- - i_ ~BrJ~ ray 21, 19ss (g) If no claim has been made by the owner for the proceeds of a sale under this Section, the remaining funds shall be deposited to the general fund of the Town. Any such owner shall be entitled to apply to the Town within three (3) years from the date of such sale and, if timely application is made therefor, the Town shall pay the same to the owner without interest or other charges. 'No claim shall be made nor shall any suit, action or roceeding be instituted for the recovery of such funds after ~Mr~e (3) years from the date of such sale. Sec. 16.1-336. Removal of Vehicles Obstructing Traffic or Parking Spaces. Whenever any Police Officer finds a vehicle stopped upon any public street or highway or on any municipal parking lot in such a manner as to constitute an obstruction to traffic or block access to parking spaces, such Officer may require the owner, driver or person in charge of the vehicle to remove the same to a position off of the paved or traveled portion of such street, highway or lot, or may have such vehicle removed, by towing or otherwise, to a licensed garage for storage until called for by the owner or his agent. In the event of such removal and storage, the owner of the vehicle involved shall be chargeable with and the vehicl"e may be held for a reasonable charge for its removal and storage. - Sec. 16.1-336. Removal of Vehicles Against Which There Are Outstanding Parking Violations. Whenever any motor vehicle is found parked upon the public streets or highways of the Town or in any municipal parking lot, against which such vehicle there are three (3) or more outstanding unpaid or otherwise unsettled parking violation citation, such vehicle may, by towing or otherwise, be removed and taken to any garage or inpoundment area to be stored. The removal of the vehicle shall be by or under the direction of an Officer of the Police Department. It shall be the duty of the Police Officer removing such motor. vehicle, or under whose direction such vehicle is removed, to inform, as soon as practicable, the owner of the removed vehicle of the nature and circumstances of the prior unsettled parking violation citations, for which or on account of which such vehicle was removed. The owner of such removed vehicle, 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 citations for which the vehicle was removed and by payment of all reasonable costs incidental to tthe 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, then the vehicle shall be sold in accordance with the procedures set forth in Section 16.1-333. Sec. 16.1-337. Contracts With Private Persons for Removal and Storage of Vehicles Under Article. The Town shall have the power to enter into contracts with the owner or operator of garages or other places for the removal and storage of vehicles pursuant to the provisions of this Article. The contracts shall provide for the payment by the Town of reasonable charges for the removal and .storage of such vehicles, shall require the owners or operators of the garages or other places to deliver such vehicles back to the owners therof upon the release of the vehicles by the Poli.ce_, upon payment of all,- removal and storage charges and upon furnishing satisfactor~~'~- evidence of identity and ownership or agency. The contracts shall further provide that the owners or operators of such garages or places of storage will imdemnify the owners of such vehicles for injury or damage thereto resulting from negligence in the removal or storage thereof, and such owners or operators shall be required to provide themselves with adequate liability insurance to cover such indemnity. '' May 21, 1985 ~~~ Sec. 1,6.1-338. Town's Right To Store Vehicles. Nothing contained in this Article shall be construed to mandate the use of private storage facilities for motor vehicles. The Town reserves- the right to store any vehicles towed or removed in accordance with this Article on Town property and to charge a reasonable storage charge for such storage. MOTOR VEHICLES AND TRAFFIC ARTICLE IV. MISCELLANEOUS PROVISIONS Sec. X6.1-401. Keeping of Inoperable Automobiles on Property Zoned or Residential or Commerical Purposes. (~) For the purposes of this Section the following terms, phrase words and their derivations shall have the meaning given herein: Economically Impractical. Cannot be restored to operable condition without repairs, the cost of which would exceed fifty percent (50%) of the value prior to repairing. Enclosed Building or Structure Any building or structure constructed and enclosed so as to prevent an automobile stored on the inside thereof from being viewed from a street located on the same or lower level with such building or structure. Person. Every natural person, firm, partnership, association or corporation. (b) It shall be unlawful for any person, firm, or corporation to keep, except within an enclosed building or structure, on any property zoned for, residential or commercial purposes, any automobile whose conditions is such that it is economically impractical to make it operable; provided, however, that the provisions of this Section shall not apply to a person who o June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor, and is licensed as such by the Town. Sec. 16.1-402. Driving Through Funeral or Other Processions; Manner of Driving in Funeral Processions. No operator of a vehicle shall drive between the vehicles, persons or animals comprising a funeral or other authorized procession, except when otherwise directed by a Police Officer. This provision shall not apply to authorized emergency vehicles. Each driver in a funeral procession shall drive as near to the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe. Sec. 1!b .1-403. Identification of Vehicles in Funeral Processions; Right of Way of Such Vehicles. All motor vehicles participating in .a funeral procession, when proceeding to any place of burial, shall display illuminated head lamps thereon and such other identification as the Town Manager may prescribe. All motor vehicles so designated shall have the right of way over all other vehicles, except fire apparatus,. ambulances and police vehicles, at any street or highway intersection within the Town, and may proceed through a stop street or signalized intersection with proper caution and safety. Sec. 1 .1-404. Unlawful Riding. 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 spaces intended for merchandise. ~W~ May 21, 1985 Sec. 16.1-405. Holding To Movin Vehicles. It shall be unlawful for any person on roller skates or a bicycle, sled, or toy vehicle in any street in the Town to hold onto any automobile, wagon or other vehicle while the same is in motion. Sec. 16.1-406. Passengers on Bicycles. It 'shall be unlawful for more than one person to ride the same bicycle at the same time, and where more than one person rides a bicycle at the same time both shall be guilty of violating this Section. Sec. 16.1-407. Disposition of Unclaimed Bicycles. (a) Any bicycle which has been in the possession of the Town Police Department, unclaimed, for more than thirty (30) days may be sold at public auction or may be donated to a charitable organization; except, however, that a bicycle found and delivered to the Police by a private person which thereafter remains unclaimed for sixty (60) days, after the final date of publication hereinafter required, may be returned to the finder. (b) The Town Manager, together with the Chief of Police, shall, from time to time, determine the number of bicycles which have been in possession of the Police Department, unclaimed, for thirty days, and may thereafter sell such bicycles at public auction after advertising the sale as herein provided, or donate a part 'or all of them to a charitable organization. (c) If the Town Manager determines to sell at public auction, the time, date and place of such sale, together with a brief description of such bicycles, shall first be advertised in a local newspaper of general circulation at-least one time, with the last advertisement being not less than six days prior to the date of sale. In addition to the legal advertisement, the Town Manager may direct that the sale be advertised in any other manner he deems appropriate. (d) If a private person finds and delivers a bicycle to the Police, a legal advertisement shall be published once a week for two successive weeks in a within the Town, giving bicycle. If the bicycle after the f final date of bicycle may be given to th the finder of the costs of local newspaper of general circulation the location and description of such remains unclaimed for sixty (60) days publication as required above, the e finder, upon request and payment by publication. (e) In the event the finder does not request the bicycle which he found and delivered to the Police after sixty (60) days from the last publication, the bicycle may be sold as provided above for other unclaimed bicycles. Sec. 16.1-408. Parking of Tractor-Trailers In Residential Areas Prohibited. It shall be unlawful for any person to park a tractor- trailer or "semi" in any area zoned R-1 or R-2 for a period in excess of one (1) hour, except for the immediate and continuous loading and unloading, delivery or pick-up of materials to or from such a vehicle. During such loading or unloading, such vehicle shall display flashing lights. PUBLIC SAr~'ETY'COMMITTEE John A. Johnston - Aye Robert N. Glenn - Aye James M. Neblett - Aye C. E. Boyd, Jr. - Absent Chairman Aust had no report however, brought to Council's attention the new police cars have no shields, with Mr. McKeever advising that the old shields do not fit and prisoners must be handcuffed behind their back before transporting. MAYOR'S REPORT Mayor Ratcliffe had no report. REPORT OF TOWN ATTORNEY ~~ [] May 21, 1985 ~C7~ James R. Neighbors -Aye Ira S. Crawford - Aye Mary Lou Copenhaver - Aye Glen K. Aust - Aye A RESOLUTION APPOINTING VIEWERS PURSUANT TO SECTION 15.1-364 OF THE 1950 CODE OF VIRGINIA TO MAKE A REPORT TO THE TOWN COUrdCIL~ REGARDING AN APPLICATION BY BETTY T. QUESENBERRY, EWELL QUESENBERRY, AND VANCE FARMER TO CLOSE AN ALLEY LOCATED EAST OF DILLON STREET IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, ar. application has been. received from Betty T. Quesenberry, Ewell Quesenberry, and Vance Farmer for the closure and abandonment of an alley east of Dillon Street, in the Town of Pulaski, Virginia, pursuant to Section. 15.1-364 of i.he 1950 Code of V_~rginia, as amended; and, `idHEREAS, the 'iown Council desire. further information prior to reaching any decision on said application; NOW, THEREFORE, I;E I3' RESOI;VF.D by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 21st day of May, 1985, that viewers be appointed pursuant to said Code Section to view said alley and report in writing to the Town Council whether in their opinion any, and if any, what inconvenience would result from discontinuing said alley. The viewers hereby appointed, subject to their acceptance, are James Gemmell, Dan Bell, and Dennis Turman. A fee of Fifth Dollars ($50.00) shall be paid for each viewer who serves, to be paid by the applicants, Betty T. Quesenberry, Ewell Quesenberry, Vance Farmer. This Resolution is effective upon adoption and is hereby adopted this 21st day of May, 1985. Mr. Terwilliger requested an Executive Session on a legal matter under 2.1-344 (6). REPORT OF TOWN MANAGER Mr. McKeever addressed Council concerning the Altoona Street Bridge construction resolution, agreeing to contract with the Commonwealth of Virginia for replacement of the Altoona Street Bridge. He recommended a motion to adopt resolution and give the Town Manager authority to sign agreement and change speed zones surrounding bridge if construction warrants. Councilman Crawford so moved that agreement with ALTOONA the Commonwealth of Virginia be approved and Mr. McKeever authorized to sign agreement STREET BRIDGE and, change speed zones, seconded by Councilman Johnston and carried on the following RESOLU. recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye Mr. Terwilliger presented a resolution to be adopted appointing Messrs. James Gemmell, Dan Bell and Dennis Turman, subject to their acceptance, to act as viewers for the sum of $50.00 each to be paid by applicants on the request to close an alley east of Dillon Street. Councilman Neblett so moved to adopt .resolution, seconded by Councilman Crawford, and carried on the following recorded vote: VIEWERS APPOINT BY RESOLU. ALLEY CLOSING ~~~ ~ May 21, 1985 .RESOLUTION AGREEING TO CONTRACT WITH ALTOONA STREET THE COMMONWEALTH OF VIRGINIA FOR .REPLACEMENT BRIDGE RESOLUTION OF THE ALTOONA STREET BRIDGE BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on the 21st day of May, 1985, that the Town of Pulaski does hereby agree to the terms of a certain "AGREEMENT BETWEEN THE TOWN OF PULASKI AND THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPOR- TATION" for the replacement of the Altoona Street Bridge and approaches in the Town of Pulaski, Virginia. In furtherance of this agreement, the Town Manager is hereby authorized to execute said agreement in the name of the Town of Pulaski. It is further RESOLVED that the speed zones in the areas approaching said bridge from either direction should be reduced as needed to insure the safety of persons engaged in the construction work and the public as it travels in the area, and the Town Manager is hereby authorized and empowered to reduce these speed zones and to post such signs as are necessary to inform the public of the reduced speed zones, if and when such areas are established, as the Town Manager may see fit upon consulta- tion with the Virginia Department of Highways and Transportation. This Resolution is effective upon adoption and is hereby adopted this 21st day of May, 1985. McKeever stated that a motion needed to be made that a Plan for Use Mr ECONOMIC . STIMULUS of Program Income from the $142,500 Economic Stimulus Grant, be referred to GRANT-- the Finance Committee for analysis. Councilman Neblett so moved, seconded PLAN FOR USE OF by Councilman Aust and carried on the following recorded vote: PROGRAM John A. Johnston - Aye James R. Neighbors -Aye INCOME Robert N. Glenn - Aye Ira S. Crawford - Abstained James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye Councilman Crawford abstained from voting until further notice from Town Attorney concerning a potential conflict of interest. NEW RIVER Mr. McKeever advised we have received a request from New River Community COMM. ACTION Action to allow their Share Program on Dora Highway to extend its loading REQUEST dock and parking lot onto Town property. He recommended this be referred to Land, Building and Streets Committee for review and recommendations. Councilman Crawford so moved that the request from the New River Community Action be referred to Land, Buildings and Streets Committee for review and recommendations, seconded by Councilman Neighbors and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye Mr. McKeever informed Council the Town Offices would be closed on Monday, May 27, in observance of Memorial Day. ARMORY - Mr. McKeever also requested a motion that request from the Department of BUILDING Military Affairs to build a metal building next to the Pulaski National Guard REQUEST FROM DEPT. Armory be referred to Land, Building and Streets Committee, seconded by MILITARY AFFAIRS Councilman Glenn and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors -Aye Robert N. Glenn - Aye Ira S. Crawford - Aye James M. Neblett - Aye Mary Lou Copenhaver - Aye C. E. Boyd, Jr. - Absent Glen K. Aust - Aye May 21, 1985 ~~~5 Councilman Neighbors made a motion .that Council go into Executive Session on a legal and personnel matter, seconded by Councilman Glenn and carried. At 7:37 p.m., Council went into Executive Session. At 8:07 p.m., Council returned to Regular Session. At 8:10 p.m., Councilman Neblett made a motion to adjourn, seconded by Councilman Crawford and carried. APPROVED: r ~ Mayor ATTEST: Acting erk of Council J