HomeMy WebLinkAbout2012-17ORDINANCE 2012-17
ORDINANCE AMENDING SECTIONS of the CODE of ORDINANCES
TOWN of PULASKI, VIRGINIA
WHEREAS, the Town Council of the Town of Pulaski, Virginia has determined that it is
in the best interest of the Town to amend the Code of Ordinances for the Town of
Pulaski, Virginia; and,
WHEREAS, following review by the Town Staff and the Town Council, amendments
have been proposed for the following sections of the Code of Ordinances as shown in
Attachment A-Ordinance 2012-17; Attachment B-Ordinance 2012-17; and
Attachment C-Ordinance 2012-17;
NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski,
Virginia, sitting in regular session this 8t" day of January, 2013, that the following
sections of the Code of Ordinances for the Town of Pulaski, Virginia shall be amended
as shown in Attachment A-Ordinance 2012-17, affixed hereto and made expressly part
of this ordinance.
FURTHER, that the following sections of the Code of Ordinances for the Town of
Pulaski, Virginia shall be amended as shown in Attachment B-Ordinance 2012-17,
affixed hereto and made expressly part of this ordinance.
FURTHER, that the following sections of the Code of Ordinances for the Town of
Pulaski, Virginia shall be amended as shown in Attachment C-Ordinance 2012-17,
affixed hereto and made expressly part of this ordinance.
This ordinance is effective upon adoption and is hereby adopted by the duly recorded
vote of the Town Council of the Town of Pulaski Virginia, this 8t" day of January, 2013
as follows:
leather L. Steele -Aye H.M. Kidd -Aye
regory C. East -Aye Joseph K. Goodman -Aye
David L. Clark -Aye James A. Radcliffe -Aye
THE TOWN OF PULASKI, VIRGINIA
rey S. orrell, Mayor
~fLI1rAr~~1 l
Patricia Cruise, Clerk of Council
Attachment A-Ordinance 2012-17
Amendments to the Code of Ordinances-Town of Pulaski, Virginia
1. Chapter 1, General Provisions. Section 1.8. (b)
Classification of and penalties for violations; continuing violations
Page CD1:6
Sec. 1-8. -Classification of and penalties for violations; continuing violations.
(b)
Whenever in any provision of this Code or in any other ordinance of the town or any
rule or regulation promulgated by an officer, official or agency of the town, under the
authority duly vested in such officer, official or agency, any act is prohibited or is
made or declared to be unlawful or an offense or misdemeanor, or the doing of any
act is required, or the failure to do any act is declared to be unlawful or an offense or
a misdemeanor, where no specific penalty is provided for the violation of such
provision and such violation is not described as being of a particular class of
misdemeanor, such violation shall constitute a Class III Misdemeanor and be
punishable as such.
2. Chapter 14, Animals. Article I;
Section 14-2 (c) Urination or defecation on private or public property
Sec. 14-2. -Running at large.
(c) Defecation on private or public property. It shall be unlawful for any owner of a dog to
knowingly or willfully allow the dog to defecate on the private property of other
persons without their consent. It shall be unlawful for any person to knowingly or
willfully allow the dog to defecate on public property, except that defection by a dog
on public property shall not constitute a violation of this subsection if the owner of the
dog immediately removes the material defecated and disposes of it in a safe and
sanitary manner. Violation of this subsection shall be punishable as a class IV
misdemeanor with a maximum $100.00 fine for the first offense, the second offense
shall be punishable by a maximum $250.00 fine and the third or any subsequent
offense shall be punishable as a Class III Misdemeanor with a maximum fine of
$500.00.
Sec. 14-42. -Killing of birds.r'`
It shall be unlawful for any person to kill a songbird or game bird within the Town with
any gun, pistol or other firearm, air rifle, BB gun, gravel shooter, bow and arrow,
slingshot, or any other similar device. Violation of this section shall be punishable by
a maximum $100 fine.
3. Chapter 14. Urban Archery Season; Article III; Section 14-44. Provisions for
season. Page CD14:5 & CD14:6.
Penalty to be determined.
4. Chapter 22, Business. Article IV. Going Out of Business Sale, Division 1.
Generally. Section 22-112. Penalty for Violation. Page CD22:22.
Sec. 22-112. -Penalty for violation.
Any person who violates any provision of this article shall be guilty of a Class III
Misdemeanor and be subject to a maximum fine of $500.
5. Chapter 30. Civil Emergencies; Article II. Preservation of Peace and Order;
Section 30-32 Authority to impose certain regulations; Page CD30:3 & CD:30:4.
Sec. 30-32. -Authority to impose certain regulations.,.
(a) Whenever in the judgment of the Mayor or, in the event of his inability to act, the
Vice-Mayor or the Council determines that any emergency exists as a result of mob
action, riotous conduct or other civil disobedience or civil emergency causing danger
or injury to or damage to persons or property, or that there exists an imminent threat
of civil commotion or disturbance in the nature of a riot or from other circumstances
which constitute a clear and present danger of mob action or riotous conduct, he
shall have the power to impose by proclamation any or all of the following regulations
necessary to preserve the peace and order of the Town:
(1) A curfew upon all or any portion of the town, thereby requiring all persons in
such designated curfew areas to forthwith remove themselves from the public
streets, alleys, parks or other public places; however, physicians, nurses, ambulance
operators and others performing medical services, utility personnel maintaining
essential public services, firefighters and all authorized or requested law enforcement
officers and authorized personnel of the Town and County shall be exempt from such
curfew when in the performance of their duties;
(2) The closing of any business establishment anywhere within the town for the
period of the emergency, such businesses to include but not be limited to those
selling intoxicating beers or wines or other malt beverages, gasoline, firearms or any
and all other types of weapons;
(3) The designation of any public street, thoroughfare or vehicle parking area
closed to motor vehicles and pedestrian traffic;
(4) The calling upon regular and auxiliary law enforcement agencies and
organizations within or without the corporate limits of the town to assist in preserving
and keeping the peace within the Town;
(5) The closing of all beer taverns, bars, private clubs or portions of such places
wherein the consumption of intoxicating liquors, beer or other beverages is permitted;
(6) The ordering of the discontinuance of selling, distributing or giving away of
gasoline or other liquid flammable or combustible products in any container other
than gasoline tanks properly affixed to motor vehicles; and
(7) The issuance of such other orders as are imminently necessary for the
protection of life and property.
(b) Any person violating this article shall be guilty of a Class I Misdemeanor.
6. Chapter 38, Environment; Article II. Noise; Section 38-31. Sound; Page CD38:3.
Enter new noise ordinance.
7. Chapter 38, Environment, Article IV, Erosion and Sediment Control; Section 38-
217 (a), Penalties; Page CD38:23.
(a) Violators of this article shall be guilty of a Class III Misdemeanor.
8. Chapter 50. Offenses and Miscellaneous Provisions; Article I, In General;
Section 50-1; State misdemeanors adopted; Page CD50:3
Need language change?
9. Chapter 50, Offenses and Miscellaneous Provisions; Article I, In General; Section
50-4 Interfering with town officers, officials and employees; Page CD50:4.
Sec. 50-4. -Interfering with town officers, officials and employees..'/i
It shall be unlawful for any person to hinder, resist or interfere with any officer, official or
employee of the town who is engaged in the discharge of his duties as such officer, official or
employee. Any person who violates this section shall be guilty of a Class I Misdemeanor.
10. Chapter 50, Offenses and Miscellaneous Provisions; Article III, Offenses Against
Public Health & Safety; Section 50-72; Use of certain weapons; throwing
missiles. Page CD50:5
Sec. 50-72. -Use of certain weapons; throwing missiles.
No person shall shoot a BB air rifle, slingshot or gravel shooter, or throw or propel
other dangerous objects or missiles in, across or onto a public right-of-way, or shall
otherwise use any of such weapons or a crossbow or a bow and arrow in such a
manner as to endanger or injure any person or damage property. Any person in
violation of this section shall be guilty of a Class III Misdemeanor.
11. Chapter 50, Offenses and Miscellaneous Provisions; Article III, Offenses Against
Public Health and Safety; Section 50-73, Discharging Firearms; Page CD50:5
Sec. 50-73. -Discharging firearms.
If any person discharges or causes to be discharged any firearm in the Town, he
shall be guilty of a Class III Misdemeanor; however this section shall not apply to any
law enforcement officer in the performance of his official duties nor to any other
person whose willful act is otherwise justifiable or excusable at law in the protection
of his life and property; nor to persons discharging a firearm within a duly licensed
firearm range facility which meets the requirements of all federal, state and local laws
and/or regulations as well as all applicable zoning ordinances and/or regulations
within the Town of Pulaski; nor to persons engaged in the ceremonial discharge of
firearms (provided that advanced written permission is granted by the Town Manager
or his designee); nor to persons whose discharge of a firearm within the Town is
specifically authorized by law.
12. Chapter 58, Peddlers and Solicitors; Article II, Itinerant Merchants and Peddler's
Licenses; Section 58-34 (b) Enforcement; Page CD58:4
Chapter 58, Peddlers and Solicitors; Article II, Itinerant Merchants and Peddler's Licenses;
Section 58-34 (a) Enforcement; Page CD58:4
Any person violating any provisions of this article shall, upon conviction, be guilty of a Class I
Misdemeanor.
13. Chapter 70, Streets, Sidewalks and Other Public Places; Article I, In General;
Section 70-2; Numbering buildings and premises. Page CD70:3
(a) Residences, stores, offices and other buildings or premises in the Town shall be numbered.
The Town Manager shall see that all residences, stores, offices and other buildings or premises
are marked by appropriate numbers conspicuously affixed to such buildings or premises in
consecutive order on each street in the Town. In numbering buildings or premises, the buildings
or premises on the south and east sides of streets shall be numbered with odd numbers, and the
buildings or premises on the north and west sides of streets shall be numbered with even
numbers. Numbers shall be at least three inches high and one inch wide; their color shall contrast
with the background.
(b) After buildings have been so numbered, it shall be unlawful for any person to destroy or
remove any such number, except for purposes of repair or replacement.
(c) Violations of this section shall be punishable by a maximum fine of $100. Each twenty four
hour day during which there is not compliance shall constitute a separate offense.
14. Chapter 70, Streets, Sidewalks and Other Public Places; Article IV, Parades,
Rallies and Other Noncommercial Gatherings; Section 70-133, Penalties
Page CD70:11
Sec. 70-133. - Penalties.,~~
Any person who participates in an event in violation of this article or who otherwise
violates this article shall be guilty of a Class I Misdemeanor.
15. Chapter 78, Taxation; Article V. Consumer Utility & Telecommunication Tax;
Division 1. Generally; Section 78-188; Violations of Article; Page CD78:22
Sec. 78-188. -Violations of article.:`"
It shall be unlawful for any purchaser, consumer or mobile service consumer to fail,
refuse or neglect to pay the tax imposed or levied by this article, or for any seller of utility
services, service provider or mobile service provider to violate the provisions of this article, or
for any officer, agent or employee of any seller, service provider or mobile service provider to
violate the provisions of this article. Violations of this article shall be punishable by a maximum
fine of $100.
16. Chapter 82, Traffic and Vehicles, Article I, In General; Section 82-2 (a), Violations
generally; Page CD82:5.
Unless otherwise specifically provided in this chapter or in any provision of the Code of
Virginia incorporated by reference in this chapter, a violation of any provision of this chapter
shall constitute a traffic infraction, punishable as a Class III Misdemeanor.
17. Chapter 82. Traffic and Vehicles, Article 1, In General; Section 82-4 Adoption of
State Law Generally. Page CD82:5.
Sec. 82-4. -Adoption of state law generally.~~
Pursuant to the provisions of Code of Virginia § 46.2-1313, all of the provisions and
requirements of the laws of the Commonwealth relating to the operation of vehicles
contained in Code of Virginia, tit. 46.2, the violation of which are misdemeanors or traffic
infractions, except those which, by their very nature, can have no application within the
Town, are adopted and made a part of this chapter as fully as though set out verbatim in this
chapter, and are made applicable within the Town. Reference in state law to "highways of
the state" shall be deemed to refer to "highways" 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 in this section. The penalty for such violation shall be
punishable as a Class III Misdemeanor.
18. Chapter 82, Traffic and Vehicles, Article I, In General Section 82-11, Signs and
barricades warning traffic of actual conditions. Page CD82:10.
Sec. 82-11. -Signs and barricades warning traffic of actual conditions..
(a) All persons, public utilities, franchises and Town departments shall be required,
subject to any guidelines and specifications which may be established by the Town Manager,
Town Engineer 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 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 24 hours, although
specifications and guidelines established by the Town Manager, Town Engineer or Chief of
Police are still applicable.
(b) It shall be unlawful for any person to disobey the instructions of any barrier or sign
placed in any street or sidewalk. 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 highway or any portion of the highway is closed.
(c) Violations of this section shall be punishable as a Class IV Misdemeanor.
19. Chapter 82, Traffic and Vehicles, Article I, In General. Section 82-12, Unlawful
riding. Page CD82:10.
Sec. 82-12. -Unlawful riding.
No person shall ride on any vehicle upon any portion of the vehicle not designated 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. Violations of this section shall be punishable as a Class IV
Misdemeanor.
20. Chapter 82, Traffic and Vehicles, Article 1, In General. Section 82-13 (c) Driving
through. (funeral processions). CD82:10.
Sec. 82-13. - Processions..:'
(a) Identification of vehicles in funeral procession; right-of-way. All motor vehicles
participating in a funeral procession, when proceeding to any place of burial, shall display
illuminated headlamps 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 for
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.
(b) Driving in funeral procession. 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.
(c) Driving through. No operator of a vehicle shall drive between the vehicles, persons or
animals comprising a funeral or other authorized procession traveling under police or
sheriffs escort, except when otherwise directed by a police officer. This provision shall not
apply to authorized emergency vehicles.
(d) Violation. A violation of this section shall be punishable as a Class IV Misdemeanor.
21. Chapter 82, Traffic and Vehicles; Article III, Stopping, Standing and Parking;
Division 1, Generally; Section 82-163 (a) (c), Signs; presumption; unauthorized
signs; designated parking spaces; damaging signs; Page CD82:17.
Sec. 82-163. -Signs; presumption; unauthorized signs; designated parking spaces;
damaging signs. ~,:1
(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 vehicles shall be presumed to be
an official sign erected or placed at the direction of the Council. It shall be unlawful and shall
constitute a Class III Misdemeanor for any person not authorized by the Council to erect or
place any sign upon any public street or highway or in any municipal parking lot purporting to
regulate the stopping, standing or parking of vehicles.
(b) The Town Manager is 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.
(c) It shall be unlawful and a Class III Misdemeanor for any person to damage, remove,
deface, alter or knock down any official sign regulating the stopping, standing or parking of
vehicles in this Town.
22. Chapter 82, Traffic and Vehicles; Article III, Stopping, Standing and Parking;
Division 1, Generally; Section 82-164, State license plate or tag required.
Page CD82:18
Sec. 82-164. -State license plate or tag required..; ``
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. Violation of this section is punishable as a Class IV Misdemeanor.
23. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally; Section 82-168, Manner of Parking. Page CD82:19.
Sec. 82-168. -Manner of parking..:i~
Vehicles parked on a street may be placed 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 (18) inches from the curb or edge of the street; except, however, that
such distance shall not apply when the entire vehicle is contained within a marked parking
space. Violation of this section shall be punishable as a Class IV Misdemeanor.
24. Chapter 82, Traffic; Article III, Stopping, Standing and Parking;
Division 1, Generally; Section 82-169 Parking prohibited (in certain places).
Page CD82:19.
Sec. 82-169. -Prohibited in certain places.,~`i
(a) 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
curblines or, if none, then within fifteen (15) feet of the intersection of
property lines at an intersection of highways;
(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) Within 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 of 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 the 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; or
(15) At any place where an official sign prohibits stopping or standing.
(b) Violation of this section is punishable as a Class IV Misdemeanor.
25. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division. 1,
Generally; Section 82-170; Parking prohibited in certain zones and for certain
purposes. Page CD82:20.
Sec. 82-170. -Parking prohibited in certain zones and for certain
purposes.
(a) No person shall park any vehicle on any public street or highway or in any
municipal parking lot as follows:
(1) In any place or zone where parking is prohibited by "no parking" signs or by
yellow lines painted on the curb;
(2) For the purpose of displaying such vehicle for sale;
(3) For maintenance or repair of such vehicle, except for repairs necessitated by
an emergency or unforeseen breakdown; or
(4) For the selling of produce or merchandise unless a permit has been issued
pursuant to this Code.
(b) Violation of this section is punishable as a Class IV Misdemeanor.
26. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally; Section 82-171; Parking of tractor trucks; tractor trailers; trailers or
semitrailers in residential areas; Page CD82:20.
Sec. 82-171. -Parking of tractor trucks, tractor-trailers, trailers or semitrailers in
residential areas.::
(a) It shall be unlawful for any person to park a tractor truck with trailer attached, or a
trailer/semitrailer designed for use with a tractor truck 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 pickup of materials to or from such vehicle. During
such loading or unloading, such vehicle shall display flashing lights.
(b) The parking of a tractor truck without an attached trailer is not prohibited; however,
nothing contained in this section will excuse violations of other town ordinance
provisions.
(c) Violation of this section shall be punishable as a Class IV Misdemeanor.
27. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally Section;82-172; Parking of trucks carrying flammable liquids in
residential and business areas. Page CD82:20.
Sec. 82-172. -Parking of trucks carrying flammable liquids in residential and
business areas..:``
(a) It shall be unlawful for any person to park any loaded gasoline, fuel or
kerosene truck in any business or residential district in the Town except for
the immediate and continuous loading and unloading and delivery or pickup
of such gasoline, fuel or kerosene.
(b) Violation of this section shall be punishable as a Class IV Misdemeanor.
28. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally; Section 82-173; Use of loading zones. Page CD82:20.
Sec. 82-173. -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 pickup and loading of materials to or from a vehicle.
During such loading or unloading, such vehicles shall display flashing lights. Violation of this
section shall be punishable as a Class IV Misdemeanor.
29. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally; Section 82-174; Loading or unloading vehicle in traveled portion of
street. Page CD82:21.
Sec. 82-174. -Loading or unloading vehicle in traveled portion of street..;'`
(a) No person shall stop, stand or park a vehicle on the traveled portion of any street or
highway except for the immediate and continuous loading and unloading or delivery or
pickup of cargo to or from such vehicle. During such loading or unloading, such vehicle shall
display flashing lights.
(b) The right to unload a vehicle in accordance with this section is subject to the
condition that no vehicle shall be stopped in such manner as to impede or render dangerous
the use of the highway by others.
(c) Violation of this section shall be punishable as a Class IV Misdemeanor.
30. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally; Section 82-175 Overtime parking in free parking space generally.
Page CD: 82:21.
Sec. 82-175. -Overtime parking in free parking spaces generally.r
Between the hours of 9:00 a.m. and 5:30 p.m., except Sundays, no person shall park or
leave a vehicle in any free parking space on any public street or highway or in any municipal
parking lot for longer than two (2) hours or the maximum time designated for such parking
space by a sign, whichever is less. Violation of this section shall be punishable as a Class IV
Misdemeanor.
31. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally; Section 82-176; Unauthorized use of rental space in municipal parking
lots. Page CD:82:21.
Sec. 82-176. -Unauthorized use of rental space in municipal 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 section, 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 article. Violation of this section shall be punishable as a Class IV
Misdemeanor.
32. Chapter 82, Traffic; Article III, Stopping, Standing and Parking; Division 1,
Generally; Section 82-178 (b), Unauthorized use of parking space reserved for
persons with disabilities; Page CD82-22.
Sec. 82-178 (b). -Unauthorized use of parking space reserved for persons with
disabilities. ~~
(b) Violation of the provisions of this section, notwithstanding any other provisions of law,
shall be punishable as a Class IV Misdemeanor.
33. Chapter 82, Traffic and Vehicles; Article IV, Fire Lanes; Section 82-253 (a),
Violations; penalty; Page CD82:29.
Sec. 82-253. -Violations; penalty.
(a) Any person who shall park in or obstruct a fire lane or traffic lane in any
manner or who shall otherwise violate this article shall be guilty of a Class IV
Misdemeanor for each separate offense.
34. Chapter 82. Traffic and Vehicles; Article V. Bicycles and Mopeds;
Section 82-291. Passengers (on mopeds and bicycles); Page CD82:30.
Sec. 82-291. -Passengers.
(a) It shall be unlawful for more than one (1) person to ride the same bicycle or
moped at the same time; and where more than one (1) person rides a bicycle
at the same time both shall be guilty of violating this section.
(b) Subsection (a) of this section shall not apply to a bicycle with seats for two
(2) persons.
(c) Violation of this section shall be punishable as a Class IV Misdemeanor.
35. Chapter 90, Vehicles for Hire; Article I I, Taxicabs; Division 1, Generally;
Section 90-41, Violations of article generally; Page CD90:6.
Sec. 90-41. -Violations of article generally.
Any violation of any of the provisions of this article shall constitute a Class IV
Misdemeanor for the first offense and a Class III Misdemeanor for a second or any
subsequent offense.
Attachment B-Ordinance 2012-17
Sections from Code of Ordinances-Town of Pulaski, Virginia
Recodified After Deletion of Sections
Deletion of Chapter 14, Animals; Article I, In General; Sections14-3 a & b, Page
CD14:4.Text shown after deletion of Section 14-3 a 8~ b.
ARTICLE I. - IN GENERAL
Sec. 14-1. -Definitions.
Sec. 14-2. -Running at large.
Sec. 14-3. -Disposition of dead animals and poultry.
Secs. 14-4-14-40. -Reserved.
Sec. 14-1. - Definitions.:.'`
All words used in this chapter, unless otherwise indicated, will have the meanings
assigned to them under the Code of Virginia, tit. 3.1.
Running at large means to roam, run, self-hunt or move in an unconfined manner
while off the property of its owner or custodian and not under its owner's or custodian's
immediate control.
(Code 1990, § 3-1)
Cross reference- Defrnitioris generally, § 1-2.
Sec. 14-2. -Running at large.
(a) Generally. It shall be unlawful for any person to allow animals or poultry to run at
large in the corporate limits of the Town.
(b) Dog leashes.
(1) It shall be unlawful for any dog that is not contained upon its owner's property
within the Town to run at large. Any dog that is not contained upon its
owner's property shall be restrained by leash attached securely at afl times to
a collar or harness. The leash shall be under the direct control of a person
who shall accompany the dog at all times. The leash shall be of such a length
that no contact can be made by the dog upon which it is attached (leashed
dog) or to any other person and/or animal. Violation of this subsection shall
be punishable as a Class IV Misdemeanor with a maximum $100.00 fine for
the first offense; a second offense shall be punishable by a maximum
$250.00 fine; and a third or subsequent offense shall be punishable as a
Class III Misdemeanor with a maximum fine of $500.00. The restraint shall
not be harmful to the dog.
(2) This subsection shall not apply to:
a. Any dog used by law enforcement agencies, or any dog under
contract by law enforcement agencies; or
b. Any person who uses a dog under his direct supervision while
lawfully hunting, while engaged in a supervised, formal obedient
training class or show, or during formally sanctioned field trials; or
c. Any dog found or whose owner's premises are located in an
agricultural district.
(c) Defecation on private or public property. It shall be unlawful for any owner of a dog to
knowingly or willfully allow the dog to defecate on the private property of other persons
without their consent. It shall be unlawful for any person to knowingly or willfully allow the
dog to defecate on public property, except that defection by a dog on public property shall
not constitute a violation of this subsection if the owner of the dog immediately removes the
material defecated and disposes of it in a safe and sanitary manner. Violation of this
subsection shall be punishable as a Class IV Misdemeanor with a maximum $100.00 fine for
the first offense; a second offense shall be punishable by a maximum $250.00 fine; and a
third or subsequent offense shall be punishable as a Class III Misdemeanor with a maximum
fine of $500.00.
(Code 1990, § 3-2; Ord. No. 2006-27, 9-5-2006)
Sec. 14-3. -Disposition of dead animals and poultry.`
The owner or person in charge of any dead animal or poultry shall at once dispose of
the animal or poultry in a manner satisfactory to the health director. It shall be unlawful for
the owner or person in charge of such dead animal or poultry to fail to dispose of the animal
or poultry within five hours after notice to do so, by the health director, animal control officer,
or any law enforcement officer. Any person who violates this section shall be guilty of a Class
IV Misdemeanor.
(Code 1990, § 3-5)
State taw reference- Disposal of dead poultry, Code of Virginia, § 3.1-742.1 et seq.; disposal of dead
companion animals, Code of Virginia, § 3.1-796.121; leaving dead animal in road or allowing dead animal
to remain unburied, Code of Virginia, § 18.2-323; burial or cremation of dead animals or fowl, Code of
Virginia, § 18.2-510; casting dead animals, etc., into waters of the state, Code of Virginia, § 62.1-194.
Secs. 14-4-14-40. - Reserved.~~'°r
Deletion of Chapter 22, Business. Article VI. Sexually Oriented Businesses;
Section 22-212.Violations and Penalties; Page CD22:38.Chapter 22 shown after
deletion of Article VI.
Chapter 22 -BUSINESSES ,'s
ARTICLE I. - IN GENERAL (No changes)
ARTICLE II. -BUSINESS PROFESSIONAL AND OCCUPATIONAL LICENSES (No changes)
ARTICLE III. -PUBLIC SERVICE COMPANIES (No changes)
ARTICLE IV. -GOING OUT OF BUSINESS SALES (No changes)
ARTICLE V. -YARD SALES (No changes)
Chapter 50, Offenses and Miscellaneous Provisions, Article 1, In General; Section
50-2 and Section 50-3. CD 50:4. Text shown after deletion of Sec. 50-2 & 50-3.
ARTICLE I. - IN GENERAL,:
Sec. 50-1. -State misdemeanors adopted.
Sec 50-2. - Interferina with town officers, officials and employees.
Sec. 50-3. -Designation of police to enforce trespass violations.
Secs. 50-4-50-40. -Reserved.
Sec. 50-1. -State misdemeanors adopted.
All misdemeanors described in state law are deemed to be violations of this Code
and are adopted as a part of this Code and shall be punished in the same manner as
provided in state law.
State law reference- Solicitation of contributions, Code of Virginia, § 57-48 et seq.
Sec. 50-2. -Interfering with town officers, officials and employees.fi
It shall be unlawful for any person to hinder, resist or intertere with any officer, official
or employee of the town who is engaged in the discharge of his duties as such officer, official
or employee. Any person who violates this section shall be guilty of a Class I Misdemeanor.
(Code 1990, § 11-9)
Cross reference- Officers and employees, § 2-61 et seq.
State law reference- Crimes against the administration of justice, Code of Virginia, § 18.2-434 et seq.
Sec. 50-3. -Designation of police to enforce trespass violations.'~'~~~M1
(a) The owner of real property in the Town may designate the Town police department
as a "person lawfully in charge of the property" for the purpose of forbidding another
to go on or remain upon the lands, buildings, or premises of the owner as specified in
the designation.
(b) Any such designation shall be in writing on a form prescribed by the Town Police
Department and must be on file with the Police Department.
(c) In the event of the sale, or change in ownership or title to properties designated
under this section, the Town Police Department shall be notified of such change in
writing within seven days of the transfer of ownership or title to the property.
(Ord. No. 2007-26, 11-6-2007)
Editor's notes
Ord. No. 2007-26, adopted Nov. 6, 2007, set out provisions intended for use as a new art. VI,
§ 50-170. To preserve the style of this Code, and at the editor's discretion, these
provisions have been included ash 50-5
Secs. 50-5-50-40. - Reserved.
Chapter 58, Peddlers and Solicitors; Article II, Itinerant Merchants and Peddler's
Licenses; Deletion of Section 58-34 (a) and 58-34 (c).
Text shows Section 58-34 after deletion of 58-34 (a) & (c)
Sec. 58-34. - Enforcement..i
Any person violating any provisions of this article shall, upon conviction, be guilty of a Class I
Misdemeanor.
Chapter 50, Offenses and Miscellaneous Provisions; Article IV, Offenses Against Public
Peace and Order; Section 50-111, Dangerous or annoying missiles or games;
Page CD50:6
Text shown after deletion of Section 50-111.
ARTICLE IV. -OFFENSES AGAINST PUBLIC PEACE AND ORDER ~
Secs. 50-111-50-140. -Reserved.
Secs. 50-111-50-140. -Reserved..;'`
Chapter 82, Traffic and Vehicles
Article 1-In General
Includes all deletions and changes to penalties
ARTICLE I. - IN GENERAL v'
Sec. 82-1. -Definitions.
Sec. 82-2. -Violations generally.
Sec. 82-3. -Scope.
Sec. 82-4. -Adoption of state law generally.
Sec. 82-5. -Enforcement by police.
Sec. 82-6. -Authority of fire department officials to direct traffic.
Sec. 82-7. -Record of traffic violations and infractions.
Sec. 82-8. -Skateboards and other devices on wheels or runners.
Sec. 82-9. -Traffic control signs, signals and markers generally.
Sec. 82-10. -Signs and barricades warning traffic of actual conditions.
Sec. 82-11. -Unlawful riding.
Sec. 82-12. -Processions.
Secs. 82-13-82-50. -Reserved.
Sec. 82-1. - Definitions.:
Words and phrases used and contained in this chapter shall have the meanings
ascribed to them by Code of Virginia, § 46.2-100, except where the context clearly requires a
different meaning.
(Code 1990, § 10-1)
Cross reference- Definitions generally, § 1-2.
Sec. 82-2. -Violations generally.::
(a) Unless otherwise specifically provided in this chapter or in any provision of the Code
of Virginia incorporated by reference in this chapter, a violation of any provision of
this chapter shall constitute a traffic infraction, punishable as a Class III
Misdemeanor.
(b) The fines in a prepayment schedule under the Code of Virginia may be paid for
violations of this chapter.
(Code 1990, § 10-2)
State taw reference- Violations of motor vehicle law, Code of Virginia, § 46.2-113; suspension and
revocation of driver's licenses, Code of Virginia, § 46.2-389 et seq.; violations of motor vehicle ordinances,
Code of Virginia, § 46.2-1300.
Sec. 82-3. - Scope.
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.
(Code 1990, § 10-3)
Sec. 82-4. -Adoption of state law generally.
Pursuant to the provisions of Code of Virginia, § 46.2-1313, all of the provisions and
requirements of the laws of the Commonwealth relative to the operation of vehicles
contained in Code of Virginia, tit. 46.2, the violation of which are misdemeanors or traffic
infractions, except those which, by their very nature, can have no application within the
Town, are adopted and made a part of this chapter as fully as though set out verbatim in this
chapter, and are made applicable within the town. Reference in state law to "highways of the
state" shall be deemed to refer to "highways" 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 in this section. The penalty for such violation shall be
punishable as a Class III Misdemeanor.
(Code 1990, § 10-4)
State law reference- General penalty for violations of motor vehicle law, Code of Virginia, § 46.2-113.
Cross reference- Alcoholic beverages, ch. 10.
State !aw reference- Penalty for driving while intoxicated, Code of Virginia, § 18.2-270 et seq.
Sec. 82-5. -Enforcement by police.,~'`~
(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:
(1) Enforce the provisions of this chapter and the state vehicle laws applicable to
traffic in the Town;
(2) Make arrests for traffic violations and infractions;
(3) Assist in the prosecution of persons charged with such violations and
infractions;
(4) Investigate accidents;
(5) Cooperate with other officials of the Town in the administration of this chapter
and in developing ways and means to improve traffic conditions; and
(6) 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
badges or other signs of authority. 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.
(Code 1990, § 10-6)
State law reference- Fees of law enforcement officers, etc., in traffic infraction cases, Code of Virginia, §
14.1-122.1; enforcement of motor vehicle law by law enforcement officers, Code of Virginia, §§ 46.2-102,
46.2-103; arrest for traffrc violation, Code of Virginia, § 46.2-936 et seq.; officers may direct traffic, signals,
Code of Virginia, § 46.2-1309.
Sec. 82-6. -Authority of fire department officials to direct traffic.
Officers of the Fire Department may direct or assist the police in directing traffic at or
in the immediate vicinity of a fire and while so acting shall have all authority of peace officers.
(Code 1990, § 10-7)
Cross reference- Fire department, § 42-31 et seq.
State law reference- blaming lights on vehicles of members of fire department, Code of Virginia, § 46.2-
1024.
Sec. 82-7. -Record of traffic violations and infractions.
(a)
The Police Department shall keep a record of all violations 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 disposition of all such alleged violations and infractions.
(b)
Records required by this section shall be maintained for at least a five (5) year
period.
(Code 1990, § 10-8)
State law reference- Municipal records, Code of Virginia, § 15.2-1106.
Sec. 82-8. -Skateboards and other devices on wheels or runners.,
(a) The use, riding and/or operation of roller skates, skateboards, toys or other devices
on wheels or runners, except bicycles, mopeds and motorcycles, on any portion of
any street of the Town used for motor vehicle traffic is prohibited.
(b) The use, riding and/or operation of roller skates, skateboards, toys or other devices
on wheels or runners on any public sidewalk of the Town or on any parking lot owned
or leased by the Town or the Pulaski Parking Authority within the area stated in this
subsection is prohibited at all times. The area is that section of the Town bounded by
the following lines: the west line of Randolph Avenue; the north line of Fifth Street
N.W.; the east line of Madison Avenue North as if extended to the southern edge of
the Norfolk-Southern right-of-way; the southern edge of the Norfolk-Southern right-of-
way; and the south line of Commerce Street.
(c) The use, riding and/or operation of roller skates, skateboards, toys or other devices
on wheels or runners, except mopeds or motorcycles, on any public sidewalk of the
Town or on any parking lot owned or leased by the Town or the Parking Authority,
lying outside the boundaries specified in subsection (b) of this section, is prohibited
between sunset and sunrise.
(d) The use, riding and/or operation of roller skates, skateboards, toys or other devices
on wheels or runners, except bicycles, mopeds and motorcycles, in any manner
which obstructs, hinders or interferes with the lawful travel of pedestrians and motor
vehicles is prohibited; however, nothing contained in this section will in any manner
excuse noncompliance with any traffic regulations, laws or rules of the road which
apply to any roller skates, skateboards, toys or other devices on wheels or runners,
including bicycles, mopeds and motorcycles.
(e) Violation of this section shall constitute a traffic violation and shall be punishable by a
fine of $25.00 for each offense.
(f) Violation of this section by a juvenile may be grounds for a determination that such
child is a child in need of services in accordance with Code of Virginia, tit. 16.1.
(Code 1990, § 10-20; Ord. of 11-7-1989, § 16.1-335)
State law reference- 'Juvenile" and "child in need of services" defined, Code of Virginia, § 16.1-228;
playing on highways, Code of Virginia, § 46.2-932.
Sec. 82-9. -Traffic control signs, signals and markers generally.~~
(a) The Town Manager, except as otherwise provided by this chapter and except as
otherwise directed by the Council, may:
(1) Regulate the operation and parking of vehicles within the corporate limits of
the Town by the erection or placing of proper signs or 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; and other signs or markers indicating
the place and manner of operating or parking vehicles in the Town;
(2) Regulate the movement of pedestrians upon the streets and sidewalks of the
Town by the erection or placing of proper signs or markers indicating the flow
of pedestrian traffic;
(3) Designate bus stops and erect signs prohibiting the parking of vehicles other
than buses at such stops;
(4) Designate stands for taxicabs and for-hire cars and erect signs prohibiting
the parking in such stands of vehicles other than taxicabs or for-hire cars;
(5) Mark off traffic lanes on streets and parts of streets indicating and directing
the flow of traffic;
(6) Secure all such necessary signs, signals or markers to be erected or placed
on any street or a part of a street; and
(7) Increase or decrease the speed limit within the Town; however, such
increase or decrease in speed shall be based upon an engineering and traffic
investigation by the Town and such speed area or zone is clearly indicated
by markers or signs; further, the Town Manager may reduce for a temporary
period, not to exceed sixty (60) days, without such engineering and traffic
investigation, the speed limit on any portion of any highway of the Town on
which persons are working or where the highway is under construction or
repair.
(b) 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 the section.
(c) Except as otherwise provided, 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 chapter or other ordinance provision, when
such sign, signal or marker so placed or erected is visible and legible.
(d) All signs, signals or markers, curb markings, lane markings, traffic control signals and
devices in place within the Town as of December 31, 1988, and all parking
regulations, hospital zones, loading and unloading zones, traffic lanes and the like in
effect in the town as of that date are ratified and confirmed to be lawfully erected,
placed or designated.
(e) No exercise by the Town Manager of the authority delegated to him in this section or
by other ordinance shall be deemed to relieve the Council of its rights and
responsibilities relative to traffic and parking in the Town. Whenever the Town
Manager exercises the authority delegated to him, he will so report to the Council
within ten (100 business days following the exercise of such authority, in such
manner or detail as the Council may direct; however, the failure of the Town
Manager to make such a report shall not be a defense to a person charged with a
violation of this chapter. Any exercise of the Town Manager's authority shall be valid
unless and until otherwise indicated by the Council.
(Code 1990, § 10-9)
State law reference- Drivers to obey highway signs, Code of Virginia, § 46.2-830; speed, Code of
Virginia, § 46.2-870 et seq.; playing on highways, Code of Virginia, § 46.2-932; reduction of speed limits,
etc., Code of Virginia, § 46.2-1104; parking regulations, Code of Virginia, § 46.2-1220; changes in speed
limits by chief administrative officer, Code of Virginia, § 46.2-1300; designation of stop and yield right-of-
way intersections, Code of Virginia, § 46.2-1301.
Sec. 82-10. -Signs and barricades warning traffic of actual conditions.
(a) All persons, public utilities, franchises and town departments shall be required,
subject to any guidelines and specifications which may be established by the Town
Manager, Town Engineer 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 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 24 hours, although specifications and
guidelines established by the Town Manager, Town Engineer or Chief of Police are
still applicable.
(b) It shall be unlawful for any person to disobey the instructions of any barrier or sign
placed in any street or sidewalk. 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 highway or any portion of the
highway is closed. Violation of this section shall constitute a Class IV Misdemeanor
(Code 1990, § 10-10)
State law reference- Approval of markings and traffic lights on primary Virginia-maintained roads, Code
of Virginia, § 33.1-47; uniform marking and signing of highways, Code of Virginia, § 46.2-830; signs and
markers erected by town, Code of Virginia, § 46.2-1300.
Sec. 82-11. -Unlawful riding.
No person shall ride on any vehicle upon any portion of the vehicle not designated 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. Violations of this section shall be punishable as a Class IV
Misdemeanor.
(Code 1990, § 10-11)
Sec. 82-12. - Processions.~'~
(a) Identification of vehicles in funeral procession; right-of-way. All motor vehicles
participating in a funeral procession, when proceeding to any place of burial, shall
display illuminated headlamps 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 for 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.
(b) Driving in funeral procession. 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.
(c) Driving through. No operator of a vehicle shall drive between the vehicles, persons or
animals comprising a funeral or other authorized procession traveling under police or
sheriffs escort, except when otherwise directed by a police officer. This provision
shall not apply to authorized emergency vehicles. A violation of this section shall be
punishable as a Class IV Misdemeanor.
(Code 1990, §§ 10-12-10-14)
State taw reference- Right-of--way for funeral processions under police or sheriffs escort, Code of
Virginia, § 46.2-828; right-of--way of emergency vehicles, Code of Virginia, § 46.2-829.
Secs. 82-13-82-50. - Reserved.~~'
Chapter 82, Traffic and Vehicles
Article III-Stopping, Standing and Parking
Includes all deletions and changes to penalties
ARTICLE III. -STOPPING, STANDING AND PARKING '=i 66
DIVISION 1. -GENERALLY
DIVISION 2. -VIOLATIONS
DIVISION 1. -GENERALLY "'~~~~
Sec. 82-161. -Definitions
Sec. 82-162. -Application
Sec. 82-163. -Signs: presumption• unauthorized signs' designated parking spaces' damaging signs
Sec. 82-164. -State license plate or taa required
Sec. 82-165. -Provisions of article as to parking time limits not exclusive
Sec. 82-166. -Exemptions for furors parking while on fury duty
Sec. 82-167. -Manner of parking
Sec. 82-168. -Prohibited in certain places
Sec. 82-169. -Parkin rohibited in certain zones and for certain ur oses.
Sec• 82-170. -Parking of tractor trucks tractor-trailers trailers or semitrailers in residential areas
Sec. 82-171. -Parking of trucks carrying flammable liquids in residential and business areas
Sec. 82-172. -Use of loading zones
Sec. 82-173. -Loading or unloading vehicle in traveled portion of street
Sec._ 82-174. -Overtime parking in free parking spaces generally
Sec. 82-175. -Unauthorized use of rental space in municipal parking lot
Sec. 82-176. -County parking lot
Sec. 82-177. -Unauthorized use of narking space reserved for persons with disabilities
Sec. 82-178. -Removal storage and sale of certain unattended vehicles
Sec. 82-179. -Removal of motor vehicles obstructing movement storage payment of costs
Sec. 82-180. -Contracts with private persons for removal and storage of vehicles
Sec. 82-181. -Town's right to store vehicles
Secs. 82-182-82-210 -Reserved
Sec. 82-161. - Definitions.;`
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Chief of Police includes any acting Chief of Police or any police officer to whom the
Chief of Police has delegated the responsibility for the duty described.
Municipal parking lot includes all such lots owned or operated either by the Town or
by the Pulaski Parking Authority, or upon which the council has agreed to enforce parking
time except as otherwise provided.
Vehicle includes not only everything encompassed by the term "vehicle" as defined
in Code of Virginia, § 46.2-100, but also bicycles and mopeds, unless the context clearly
indicates otherwise.
(Code 1990, § 10-61)
Cross reference- Definitions generally, § 1-2.
Sec. 82-162. - Application.
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 in this article 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.
(Code 1990, § 10-62)
Sec. 82-163. -Signs; presumption; unauthorized signs; designated parking
spaces; damaging 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 vehicles shall be presumed
to be an official sign erected or placed at the direction of the Council. It shall be
unlawful and shall constitute a Class III Misdemeanor for any person not authorized
by the Council to erect or place any sign upon any public street or highway or in any
municipal parking lot purporting to regulate the stopping, standing or parking of
vehicles.
(b) The Town Manager is 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.
(c) It shall be unlawful and a Class III Misdemeanor for any person to damage, remove,
deface, alter or knock down any official sign regulating the stopping, standing or
parking of vehicles in this Town.
(Code 1990, §§ 10-63, 10-64)
State law reference- Unofficial signs prohibited, penalties, Code of Virginia, § 46.2-831; injuring signs,
Code of Virginia, § 46.2-832.
Sec. 82-164. -State license plate or tag required.:
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. Violation of this section is punishable as a Class IV Misdemeanor.
(Code 1990, § 10-65)
State taw reference- Titling and registration of motor vehicles, Code of Virginia, § 46.2-600 et seq.
Sec. 82-165. -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 ordinances of the Town or of the State
motor vehicle code (Code of Virginia, § 46.2-100 et seq.) prohibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified times.
(Code 1990, § 10-66)
Sec. 82-166. -Exemptions for jurors parking while on jury duty. `'~f~`
Any person summoned to serve on either a grand or petit jury for the Circuit Court of
the County 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 if
such juror shall conspicuously display on the windshield of his motor vehicle a juror parking
permit issued by the Court.
(Code 1990, § 10-67)
Sec. 82-167. -Manner of parking.
Vehicles parked on a street may be placed 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 (18) inches from the curb or edge of the street; except, however, that
such distance shall not apply when the entire vehicle is contained within a marked parking
space. Violation of this section shall be punishable as a Class IV Misdemeanor.
(Code 1990, § 10-69)
Sec. 82-168. -Prohibited in certain places.`'
(a) 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
curblines or, if none, then within fifteen (15) feet of the intersection of
property lines at an intersection of highways;
(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) Within 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 of 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 the 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; or
(15) At any place where an official sign prohibits stopping or standing.
(b) Violation of this section is punishable as a Class IV Misdemeanor.
(Code 1990, § 10-70(a))
State law reference- Parking near fire hydrant, street intersection, fire station entrance, etc., Code of
Virginia, § 46.2-1239.
Sec. 82-169. -Parking prohibited in certain zones and for certain purposes.
(a) No person shall park any vehicle on any public street or highway or in any municipal
parking lot as follows:
(1) In any place or zone where parking is prohibited by "no parking" signs or by
yellow lines painted on the curb;
(2) For the purpose of displaying such vehicle for sale;
(3) For maintenance or repairing such vehicle, except for repairs necessitated by
an emergency or unforeseen breakdown; or
(4) For the selling of produce or merchandise unless a permit has been issued
pursuant to this Code.
(b) Violation of this section is punishable as a Class IV Misdemeanor.
(Code 1990, § 10-71)
Sec. 82-170. -Parking of tractor trucks, tractor-trailers, trailers or semitrailers in
residential areas.~'`~
(a) It is unlawful for any person to park a tractor truck with trailer attached, or a
trailer/semitrailer designed for use with a tractor truck 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 pickup of materials to or from such vehicle. During
such loading or unloading, such vehicle shall display flashing lights.
(b) The parking of a tractor truck without an attached trailer is not prohibited; however,
nothing contained in this section will excuse violations of other Town ordinance
provisions.
(c) Violation of this section shall be punishable as a Class IV Misdemeanor.
(Code 1990, § 10-72; Ord. No. 93-21, § 10-72, 8-3-1993)
Sec. 82-171. -Parking of trucks carrying flammable liquids in residential and
business areas.,~~"
It shall be unlawful for any person to park any loaded gasoline, fuel or kerosene truck
in any business or residential district in the Town except for the immediate and continuous
loading and unloading and delivery or pickup of such gasoline, fuel or kerosene. Violation of
this section shall be punishable as a Class IV Misdemeanor.
(Code 1990, § 10-73)
Cross reference- Fire prevention and protection, ch. 42.
Sec. 82-172. -Use of loading zones.
(a) 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 pickup and loading of materials to or from a
vehicle. During such loading or unloading, such vehicles shall display flashing lights.
(b) Violation of this section shall be punishable as a Class IV Misdemeanor.
(Code 1990, § 10-74)
Sec. 82-173. -Loading or unloading vehicle in traveled portion of street.::'"'
(a) No person shall stop, stand or park a vehicle on the traveled portion of any street or
highway except for the immediate and continuous loading and unloading or delivery
or pickup of cargo to or from such vehicle. During such loading or unloading, such
vehicle shall display flashing lights.
(b) The right to unload a vehicle in accordance with this section is subject to the
condition that no vehicle shall be stopped in such manner as to impede or render
dangerous the use of the highway by others.
(c) Violation of this section shall be punishable as a Class IV Misdemeanor.
(Code 1990, § 10-75)
Sec. 82-174. -Overtime parking in free parking spaces generally. ~~~
Between the hours of 9:00 a.m. and 5:30 p.m., except Sundays, no person shall park
or leave a vehicle in any free parking space on any public street or highway or in any
municipal parking lot for longer than two (2) hours or the maximum time designated for such
parking space by a sign, whichever is less. Violation of this section shall be punishable as a
Class IV Misdemeanor.
(Code 1990, § 10-76)
Sec. 82-175. -Unauthorized use of rental space in municipal parking lot.;r'''f
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 section, 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 article. Violation of this section shall be punishable as a Class IV
Misdemeanor.
(Code 1990, § 10-78)
Sec. 82-176. -County parking lot.
(a) The County owns a certain parking lot on Washington Avenue in the Town lying
between Main Street and Third Street.
(b) The Town Police Department is authorized to enforce any parking limit posted on the
public area of the County parking lot, and such public parking area is deemed a
municipal parking lot for the sole purpose of enforcing the Town's parking ordinances
and regulations.
(Ord. of 9-20-1988)
Sec. 82-177. -Unauthorized use of parking space reserved for persons with
disabilities.;,f`
(a) It shall be unlawful for a vehicle not displaying disabled parking license plates, an
organizational removable windshield placard, a permanent removable windshield
placard, or a temporary removable windshield placard issued under Code of Virginia,
§ 46.2-1241, or DV disabled parking license plates issued under Code of Virginia, §
46.2-739(B), to be parked in a parking space reserved for persons with disabilities
that limit or impair their ability to walk or for a person who is not limited or impaired in
his ability to walk to park a vehicle in a parking space so designated except when
transporting a person with such a disability in the vehicle.
(b) Violation of the provisions of this section, notwithstanding any other provisions of law,
shall be punishable as a Class IV Misdemeanor.
(c) A summons or parking ticket for the offense may be issued by law enforcement
officers, volunteers serving in units established pursuant to Code of Virginia, § 46.2-
1244, and other uniformed personnel employed by the Town to enforce parking
regulations without the necessity of a warrants being obtained by the owner of the
private parking area.
(d) The owner of any privately owned shopping center or building shall have sole
responsibility for furnishing, erecting or placing any necessary signs for such spaces.
(Code 1990, § 10-80; Ord. No. 96-30, § 10-80, 12-3-1996)
State law reference- Parking in spaces reserved for persons with disabilities, issuance of summons by
law enforcernent officers, other uniformed personne% etc., Code of Virginia, § 46.2-1242.
Sec. 82-178. -Removal, storage and sale of certain unattended vehicles.
(a) Whenever any motor vehicle, trailer, semitrailer or part of such vehicle is:
(1) Left unattended on a public highway or other public property and constitutes
a traffic hazard; or
(2) Illegally parked; or
(3) Left unattended for more than ten (10) days either on public property or on
private property without the permission of the property owner, lessee or
occupant; or
(4) Immobilized on a public roadway by weather conditions or other emergency
situation;
any 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; however, no such vehicle shall
be so removed from privately owned premises without the written request of the owner,
lessee or occupant of the premises.
(b) The person at whose request such motor vehicle, trailer or 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.
(c) For the purposes of this section, it shall be presumed that such motor vehicle, trailer
or semitrailer or part of such vehicle, is abandoned if:
(1)
It lacks a:
a. Current state license plate;
b. Current County, City or Town plate or decal; or
c. Valid state safety inspection certificate or decal; and
(2)
It has been in a specific location for four (4) days without being moved.
(d)
As promptly as possible, each removal under this section shall be reported to the
Chief of Police and to the owner of the motor vehicle, trailer or semitrailer. The owner
of such vehicle, trailer, semitrailer or part of such vehicle, before obtaining
possession of the vehicle, shall pay to the parties entitled to the vehicle all costs
incidental to the removal, storage and locating the owner of the motor 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 Department of Motor Vehicles
against the motor vehicle, trailer, semitrailer or part of such vehicle, the vehicle shall
be treated as an abandoned vehicle under Code of Virginia, § 46.2-1200 et seq.
(Code 1990, § 10-81(a)-(d))
State law reference- Similar provisions, Code of Virginia, § 46.2-1213; abandoned, immobilized,
unattended and trespassing vehicles generally, Code of Virginia, § 46.2-1200 et seq.
Sec. 82-179. -Removal of motor vehicles obstructing movement; storage;
payment of costs.~~"J
Whenever any motor vehicle, trailer, semitrailer or part of a motor vehicle, trailer or
semitrailer interferes with the free ingress, egress or movement on any premises, driveway
or parking area, without the permission of the owner of that property, any law enforcement
officer may remove it or have it removed to a storage area for safekeeping and shall report
the removal to the State Department of Motor Vehicles and to the owner of the motor vehicle,
trailer, semitrailer or other vehicle as promptly as possible. Before obtaining possession of
his property, the owner shall pay to the entitled parties all costs incidental to its removal or
storage.
(Code 1990, § 10-82)
State law reference- Removal of motor vehicles obstructing movement, storage, payment of costs,
Code of Virginia, § 46.2-1211.
Sec. 82-180. -Contracts with private persons for removal and storage of
vehicles.
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 and shall require the owners or operators of the
garages or other places to deliver such vehicles back to their owners upon the release of the
vehicles by the police upon payment of all removal and storage charges and upon furnishing
satisfactory 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 indemnify the owners
of such vehicles for injury or damage to such vehicles resulting from negligence in their
removal or storage, and such owners or operators shall be required to provide themselves
with adequate liability insurance to cover such indemnity.
(Code 1990, § 10-83)
State law reference- Power of town to contract for towing services, Code of Virginia, §§ 46.2-1201, 46.2-
1217.
Sec. 82-181. -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.
(Code 1990, § 10-84)
State law reference- Power of town to provide storage services for towed vehicles, Code of Virginia, §§
46.2-1201, 46.2-1217.
Secs. 82-182-82-210. - Reserved.a~'
Chapter 86, Utilities, Article III, Water
Division 2. Miscellaneous Water System Provisions;
Includes deletions OF former Section 86-124; no amendments.
DIVISION 2. -MISCELLANEOUS WATER SYSTEM PROVISIONS~'`r
Sec. 86-121. -Wet-tan connections
Sec. 86-122. -Installation of meters on fire service sprinkler service and standpipe line
Sec. 86-123. -Damage to meter by hot water
Sec. 86-124. -Sale by tank or truckload
Sec. 86-125. -Permitting use of water by others• reselling water
Sec. 86-126. -Protection of line from freezing' repairing leaking fixtures
Sec. 86-1.27. -Pollution of watershed' throwing objects into reservoirs basins or tanks
Sec. 86-128. -Climbing elevated structures
Sec. 86-129. -Drought declaration and management
Sec. 86-130. -Fluoridation.
Sec. 86-131. -Installation of individual waterlines
Secs. 86-132-86-150. -Reserved
Sec. 86-121. -Wet-tap connections..~~
When a proposed connection will result in disruption of water service to other
customers, the Director of Public Works may require that any connection to a Town waterline
be of a wet-tap connection. On wet-tap connections three (3) inches or larger, the labor,
materials and installation shall be the responsibility of the owner or applicant in accordance
with town specifications; except that the town may make necessary excavations and
replacement of pavement within the street lines, and the cost shall be borne by the owner or
applicant. All such costs will be in addition to any connection fee.
(Code 1990, § 17-50)
Sec. 86-122. -Installation of meters on fire service, sprinkler service, and
standpipe line.:
When in the opinion of the Director of Public Works it is deemed advisable to install a
water meter on a fire service, sprinkler service or standpipe line currently connected with a
town line, such Director of Public Works is authorized to make or direct such meter
installation; and the cost, including materials, shall be chargeable to the applicant, owner,
lessee or tenant. Meters are required on all new connections.
(Code 1990, § 17-51)
Cross reference- Fire prevention and protection, ch. 42.
Sec. $6-123. -Damage to meter by hot water.~'"~
(a) If on removing any meter for repairs it is found that such meter has, in the judgment
of the Director of Public Works, been damaged by the passage of hot water through
it, the cost of the necessary repairs to such meter shall be added to the water bill of
the owner of the property served and shall be treated as a part of such bill.
(b) If, in any particular case, it is evident to the Director of Public Works that such
damage will frequently recur, the property owner shall be required to install a
checkvalve or other suitable means of protecting the meter as the director of public
works may direct within ten (10) days after receiving written notice that the water
shall be cut off from the premises.
Sec. 86-124. -Sale by tank or truckload.;:
Nothing in this article shall be construed to prohibit the sale by the Town of water by
tank or truckload from any hydrant of the Town, at such rate as may be established by the
Council by general resolution.
(Code 1990, § 17-54)
Crass reference- Traffic and vehicles, ch. 82.
Sec. 86-125. -Permitting use of water by others; reselling water..
(a) It shall be unlawful for the owner or the occupant of any premises upon which water
has been conveyed to permit such water to be used, taken or received by any person
not lawfully entitled to use or to resell water furnished by the Town.
(b) Violation of this section shall be a Class 3 Misdemeanor.
(Code 1990, § 17-55)
~,
Sec. 86-126. -Protection of line from freezing; repairing leaking fixtures.
(a) It shall be the duty of the owner or occupant of any premises which has Town water
service to properly maintain and to protect from freezing such service line on the
private property side of the curb cock or meter, and failure to do so shall not excuse
the owner or occupant from payment of all charges for water flowing through the
meter.
(b) It shall be the duty of the owner or occupant of any premises whereon is located a
hydrant, cock or other water fixture that is in a leaking condition to cause the fixture
to be repaired immediately upon discovery; and if it is not repaired, service shall be
discontinued.
(Code 1990, § 17-56)
Sec. 86-127. -Pollution of watershed; throwing objects into reservoirs, basins or
tanks..;
(a) It shall be unlawful for any person to perform any act that shall pollute or defile the
watershed of the town or to throw stones or other foreign matter into any of the
reservoirs, basins or tanks of the waterworks system.
(b) Violation of this section shalt be a Class III Misdemeanor.
(Code 1990, § 17-57)
Sec. 86-128. -Climbing elevated structures.
(a) It shall be unlawful for any person, except an authorized employee or agent of the
Town, to climb any elevated tank, standpipe or other structure of the waterworks.
(b) Violation of this section shall be a Class III Misdemeanor.
(Code 1990, § 17-59)
Sec. 86-129. -Drought declaration and management.~r
(a) During the continued existence of climatic, hydrological and other extraordinary
conditions, the protection of the health, safety and welfare of the residents of the
Town may require that certain uses of water, not essential to public health, safety
and welfare, be reduced, restricted or curtailed. As the shortage of raw or potable
water becomes increasingly more critical, conservation measures may become
increasingly strict to further reduce consumption or curtail nonessential water use.
(b) Under § 15.2-924 of the Code of Virginia, Council is authorized to adopt an
ordinance restricting the use of water by the citizens of the Town for the duration of
such emergency or for a period of time necessary to prevent the occurrence of a
water supply emergency.
(c) The engineering department of the Town routinely monitors the Town's water
supplies. The Town Manager will notify Council when water supply conditions
approach or pass the indicators developed in the New River Valley's Regional Water
Supply Plan. At such time as Council is informed of an imminent water supply
emergency, it shall authorize the Town Manager to manage said water supply
emergency.
(d) Upon declaration of a water emergency, the Town Manager shall immediately post a
written notice of the emergency at the front door of the Town municipal building and
shall place a notice in the newspaper of general circulation in the area in which such
emergency has been declared.
(e) The Town Manager shall instruct the Town Engineer to notify customers of
necessary voluntary or mandatory water use restrictions, as outlined in the New
River Valley's Regional Water Supply Plan. In exercising this authority, the Town
Engineer shall give due consideration to water levels, available/useable storage on
hand, draw down rates, and the projected supply capability, system purification and
pumping capacity, daily water consumption and consumption projections of the
system's customers, prevailing and forecast weather conditions, fire service
requirements, pipeline conditions including breakages, stoppages and leaks,
supplementary source data, estimates of minimum essential supplied to preserve
public health and safety and other such data pertinent to the past, current and
projected water demands.
(fl Upon determination of a water supply emergency, the Town Manager shall
determine water conservation measures to be observed by the residents of the
Town. Contained in the New River Valley's Regional Water Supply Plan are a set of
example measures that could be implemented at each phase of a water supply
emergency or drought.
(g) The Town Manager shall notify Council when the indicators have been met that the
water emergency situation no longer exists. Upon concurrence of Council, the water
emergency shall be declared to have ended. When this declaration is made, the
information shall be conveyed to the general public through the news media.
(Code 1990, § 17-61; Ord. No. 2010-12, 12-7-2010)
Sec. 86-130. - Fluoridation.
(a) Upon application and receipt by the Town of a permit from the State Department of
Health, and until further otherwise directed by Council, the Town is authorized and
directed to provide the means and proceed with the introduction of sodium fluoride or
other suitable salt or acid or fluorine into the water supply in such quantities as are
required to maintain throughout the pipe distribution system a fluoridation
concentration of approximately one part per million.
(b) The Town shall keep an accurate daily record showing for each supply the number of
gallons treated, the fluoridation concentration of the water before and after treatment
and the fluoridation concentration in the distribution system at such points and at
such intervals as may be directed by the State Department of Health.
(c) The State Department of Health shall have general supervision over the treatment
and use of fluoride in the public water supply. The Town is directed to furnish the
health department, or its agents as may be directed, copies of records specified
under this section at weekly and monthly intervals.
(Code 1990, § 17-62)
Sec. 86-131. -Installation of individual waterlines.: '~
Where the Town agrees to install an individual waterline from the Town main to a
private property line, the applicant shall pay the actual costs to the Town in providing the
connection, subject to a minimum fee to be set by the Town. Payment of all connection fees
shall be in advance by the applicant, based on cost estimated by the Town, with the Town
and the applicant adjusting any difference between the actual costs and the estimated costs
upon the completion of the installation.
(Code 1990, § 17-63)
Secs. 86-132-86-150. -Reserved.
Chapter 86, Utilities, Article IV, Sewage and Sewage Disposal
Division 1. Generally;
Includes Deletion of Section 86-193; no other amendments
DIVISION 1. - GENERALLY
Sec. 86-191. -Purpose; unlawful use of sanitary sewers.
Sec. 86-192. -Sanitary water closet or sanitary privy reauired when sewer not available.
Sec. 86-193. -Use of house sewer prior to completion and connection.
Sec. 86-194. -Sewer connection required when sewer available.
Sec. 86-195. -Application for sewer service.
Sec. 86-196. -Sewer service charge.
Sec. 86-197. -Connection generally: connection fees.
Sec. 86-198. -Service to commercial users discharging chemicals into system.
Sec. 86-199. -Connection of downspouts with sewers.
Sec. 86-200. -Discharge of hot water into sewers.
Sec. 86-201. -Obstructing sewers.
Sec. 86-202. -Disposal of waste from septic tanks.
Sec. 86-203. -Disposal of human wastes on ground.
Sec. 86-204. -Pretreatment program adopted.
Sec. 86-205. -Mandatory adherence to Pepper's Ferry standards.
Sec. 86-206. -Administrative fee for reading meters for sewer credit.
Secs. 86-207-86-230. -Reserved.
Sec. 86-191. -Purpose; unlawful use of sanitary sewers.
(a) The system of sanitary sewers is for collecting, carrying and disposing of sewage
and wastewater. It shall be unlawful to use any sanitary sewer for any other purpose.
(b) Violation of this section shall be a Class III Misdemeanor.
(Code 1990, § 17-100)
Sec. 86-192. -Sanitary water closet or sanitary privy required when sewer not
available.v
Where sewer connections are not available and no authorized septic or other system
is provided, every home, office building, mercantile establishment or other place of human
habitation in the Town shall be provided with a properly installed sanitary sewer closet or
sanitary privy where human excrement is so disposed of that the excrement cannot be
accessible to flies or to animals.
(Code 1990, § 17-101)
Sec. 86-193. -Use of house sewer prior to completion and connection.~r
No discharge shall be made into any house sewer before it is completed and
connected to the sewer main and inspected and approved by the Town.
(Code 1990, § 17-104)
Sec. 86-194. -Sewer connection required when sewer available..~p
Every person owning a building and tot in the Town in which building people live or
congregate and which lot abuts or adjoins a street or alley along which is an available and
usable public sewer shall make a sewer connection with the building.
(Code 1990, § 17-105)
r~
Sec. 86-195. -Application for sewer service.::;'
Any person desiring to connect with the Town sewer line and to make Town sewer
service available to his premises shall make application for such service to the Director of
Public Works upon a form to be provided by the Director of Finance.
(Code 1990, § 17-106)
Sec. 86-196. -Sewer service charge.'
(a) The Town customers for water and sewer services shall pay for such services at
rates to be established by Council.
(b) For those customers who discharge water not purchased from the Town, using Town
sewer service, the rates shall be applied to the amount discharged into the sewer
system, to be determined either by meters or by estimates according to general
engineering principles.
(Code 1990, § 17-107)
Sec. 86-197. -Connection generally; connection fees. "
(a) The provisions of this section shall apply to sewer connections and sewer connection
fees.
(b) To connect a private sewer line to an existing public sewer main or collector, the
Town will construct and lay an appropriate lateral from the main or collector line to
the property line or will locate for the property owner the terminus of an existing
lateral to the respective property. Construction of any new sewer mains or collectors
shall be made under the provisions of article II of this chapter.
(c) The person requiring such connections shall pay the actual costs of the Town in
providing the connection, subject to a minimum fee to be set by the Town. Payment
of all connection fees shall be in advance by the applicant, based on cost estimates
by the Town, with the Town and the applicant adjusting any difference between the
actual costs and the estimated costs upon the completion of the installation.
(d) Any contribution or special assessment charges the Town may require or may have
required or may receive or may have received for sewer main or collector
construction or extension shall be over and above any connection charges, with the
single exception that where an applicant requests connection to an existing sewer
lateral and the records of the Director of Finance establish that the same applicant
made contribution in the past toward the main or collector line which serves the
particular property, the applicant will be allowed one (1) free connection to that
property.
(e) A separate connection fee shall be charged for each living unit or business unit
connected to the Town's sewer system.
(Code 1990, § 17-108)
Sec. 86-198. -Service to commercial users discharging chemicals into
system.
Sewer service to commercial users, either within or without the corporate limits,
discharging chemicals into the sewer collection system shall be a matter of negotiation
between the commercial user and the Town.
(Code 1990, § 17-109)
Sec. 86-199. -Connection of downspouts with sewers.`"
No downspouts from any building may be connected to any sanitary sewer.
(Code 1990, § 17-110)
,f.,
Sec. 86-200. -Discharge of hot water into sewers.vj`'~
Neither exhaust, the blowoff, drip pipe nor sediment from any boiler, nor the
discharge of large volumes of hot water from any source shall be discharged into the sewer.
Such pipes may first discharge into a basin properly tapped and vented which, after being
relieved of sediment, pressure or high temperature, may discharge into the Town sewer.
Water over 140 degrees Fahrenheit shall not be admitted to such sewer.
(Code 1990, § 17-111)
Sec. 86-201. -Obstructing sewers.;
No person shall obstruct or cause the obstruction of any sewer or discharge into any
sewer any substance which is liable to obstruct the flow of sewage or which will in any way
impair the efficiency of the sewer.
(Code 1990, § 17-112)
Sec. 86-202. -Disposal of waste from septic tanks.',
Waste from septic tanks and other waste of similar type collected by any person may
only be disposed of in accordance with the rules and regulations of the Pepper's Ferry
Regional Wastewater Treatment Authority.
(Code 1990, § 17-113)
Sec. 86-203. -Disposal of human wastes on ground.'
No person shall dispose of human wastes upon the ground within the corporate limits
of the Town.
(Code 1990, § 17-114)
See. 86-204. -Pretreatment program adopted.
The Town pretreatment program consisting of the rules and regulations attached to
Ordinance No. 94-33 is adopted.
(Ord. No. 94-33, 11-1-1994)
Sec. 86-205. -Mandatory adherence to Pepper's Ferry standards..~~'`~
All sewage introduced into the town sewer system must comply with all applicable
rules and regulations of the town and Pepper's Ferry Regional Wastewater Treatment
Authority.
(Code 1990, § 17-115)
Sec. 86-206. -Administrative fee for reading meters for sewer credit.
A fee shall be charged to re-read a meter by request of the customer for readings
reported accurately as originally read. In the event it is determined that the original reading
was reported inaccurately, there will be no charge to the customer. Further there shall be a
fee charged to customers when the meter is inaccessible by reason of fault of the customer.
In addition, a fee (administrative and meter reading) shall be imposed on each account to be
adjusted at the request of those customers requesting special adjustments to billings.
(Ord. No. 99-11, 7-20-1999)
Secs. 86-207-86-230. - Reserved.
Chapter 86, Utilities, Subdivision XI. -Judicial Enforcement Remedies and
Penalties
Division 2. Discharge of Wastewater and Pollutants;
Section 86-453
Deletion of Sec. 86-453 (c)
Sec. 86-453. -Criminal prosecution.
(a) Any user who willfully or intentionally violates any provision of this division, any
orders or wastewater discharge permits issued under this division, or any other
pretreatment requirement shall, upon conviction, be guilty of a Class I Misdemeanor.
(b) Any user who willfully or negligently introduces any substance into the Town's
system which causes personal injury or property damage shall, upon conviction, be
guilty of a Class I Misdemeanor.
(Ord. No. 94-6, § 17-210.3, 5-17-1994)
Attachment C-Ordinance 2012-12
Additional Amendments to the Code of Ordinances-Town of Pulaski, Virginia
Sec. 14-44. Provisions for season.
Persons participating in the urban archery season shall observe the following provisions:
(1) No hunting on Town property.
(2) Hunters must carry written permission from individual property owners to hunt.
(3) Agreement must be made between the participant and the landowner in reference to field
dress.
(4) No person may discharge a bow within 100 yards of any dwelling, building, street, sidewalk,
alley, roadway, public land or public place within town limits. Bows may be discharged within
100 yards of any dwelling or building only with the written permission of the landowner to be
carried by the hunter as in subsection (2) above.
(5) No person shall discharge a bow from, over or across any street, sidewalk, alley, roadway, or
public land or public place within town limits or toward any building or dwelling in such a
manner that an arrow may strike it. The use of crossbows within the town limits to take deer
during urban archery season is prohibited.
(6) Except for target shooting, archery equipment can only be discharged from an elevated stand
with a minimum height of 12 feet.
(7) Hunters must dispose of deer carcasses appropriately. Carcasses should be double bagged and
will be taken by the local landfills.
(8) No person shall hunt deer within the Town by use of dog or dogs.
(9) In addition to the urban archery season, archery deer hunting is also allowed during the early
archery season, the general firearms deer season (as set by the department of game and inland
fisheries) and during the late archery season (i.e., from the first Saturday in October through the
first Sunday in January).
(10) Violation of any part of this Section shall be punishable as a Class III Misdemeanor.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
ARTICLE II. SOUND*
*Editor's note: Ord. No. 2009-15, adopted Sept. 1, 2009, repealed §§ 38-31--38-34 of art. II and
enacted a new § 38-31 as set out herein. The former §§ 38-31--38-34 pertained to exceptions,
unreasonable, unusual and loud noises, prohibited acts, and standards, respectively, and derived
from § § 11-116--11-119 of the 1990 Code, and Ord. No. 2007-20, adopted July 10, 2007.
Ord. No. 2009-17, adopted Oct. 6, 2009, repealed § 38-35 which pertained to penalties for
violation and derived from § 11-120 of the 1990 Code.
Cross references: Locomotive bell, whistle or horn, § 82-14.
Sec. 38-31. Sound.
It shall be unlawful to create or continue any sound, whether from a stationary source or a mobile
source, that is audible without mechanical assistance at the property boundaries of any parcel or
lot, or in excess of 25 feet of the source, whichever is greater. The following sources and sounds
are exempt from this section:
(1) Bells or chimes from any house of worship, clock, or school;
(2) Factory whistles or sirens;
(3) Lawful parades;
(4) School activities on school grounds;
(5) Locomotive bells, whistles, or horns;
(6) Sounds made to alert others to peril or other need for caution;
(7) Sound or sounds incident to home maintenance and repair, but only between the hours of
8:00 a.m. and 8:00 p.m.;
(8) Sound or sounds emanating from within a structure, but only between the hours of 8:00 a.m.
and 8:00 p.m.; and
(9) Events sponsored or co-sponsored by the Town.
Any person violating this section shall be subject to imprisonment of not more than ten days, or
to a :Fine of not more than $500.00, either or both; and a separate offense shall be deemed
committed on each day in which a violation occurs or continues.
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Sec. 50-1. State misdemeanors adopted.
All misdemeanors described in state law are deemed to be violations of this Code and are
adopted as a part of this Code and shall be punished in the same manner as provided in state law,
except that incarceration for any period of time shall not be considered as a punishment for a
violation of the Town Code unless otherwise explicitly stated.
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Sec. 70-133. Penalties.
Any person who participates in an event in violation of this article or who otherwise violates this
article shall be guilty of a Class I Misdemeanor.
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