Legislative History notes are not part of this ordinance, but they are official records of Council intent. Likewise, Practice Notes are not law, but they do reflect the staff's best, reasoned opinion on the application of law. Hyperlinks have been inserted by the editor and have no bearing on the law, its underlying intent, or its application.
Title 4—Quick Links
Chapter 1. Application and Effect of Title.
Chapter 2. Rules of the Road.
Chapter 3. Parking, Stopping, and Standing Regulations.
Chapter 4. Supplemental Traffic Control Regulations.
Chapter 5. Supplemental Regulations for Bicycles, Mopeds and Similar Items.
Chapter 6. Miscellaneous Regulations.
Chapter 7. Penalties and Supplemental Arrest Procedures.
Chapter 8. Streets.
§ 4-101. Authority. This title is enacted pursuant to the authority vested in the town by §§ 46.2-1300 through 46.2-1305 and 46.2-1306.1 through 46.2-1313 of the Code of Virginia. Sections of this title may have additional authority as well.
Practice Note: Va. Code, § 46.2-1306.1 has been repealed and replaced by § 46.2-1220.
§ 4-102. Application of Title.
§ 4-103. Severability of Title.
§ 4-104. Uniformity of Interpretation Between This Title and the Laws of the Commonwealth of Virginia.
§ 4-105. Repeal.
§ 4-106. Definitions.
§ 4-102. Application of Title. This title applies to every street, alley, sidewalk, driveway, park area, and every other way, within the corporate limits of this municipality, the use of which the municipality has the authority to regulate.
§ 4-103. Severability of Title. If any part or parts of this title are, for any reason, held to be invalid or unconstitutional, such holding shall not affect the validity or constitutionality of the remaining portions of this title. The Council hereby declares that it would have passed this title and each part or parts hereof, irrespective of the fact that any one part or parts be declared invalid or unconstitutional.
§ 4-104. Uniformity of Interpretation Between This Title and the Laws of the Commonwealth of Virginia. It is the purpose of this ordinance that its provisions should adopt and make applicable to this municipality the laws of the Commonwealth of Virginia relating to the subjects for which provision is made herein, in order that uniformity of application and interpretation may be attained. No application or interpretation of this ordinance, regardless of the wording of any section of this ordinance, shall deviate from that uniformity of application and interpretation between comparable provisions of this ordinance and the laws of the Commonwealth of Virginia, except where such deviation is required by differing governmental or administrative requirements.
§ 4-105. Repeal. All other former traffic and street ordinances of this municipality are hereby repealed and all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.
§ 4-106. Definitions. Words and phrases in this Title shall have the meanings ascribed to them by § 46.2-100 of the Code of Virginia, 1950, as amended, unless the context clearly requires a different meaning.
§ 4-201. Adoption of State Law.
§ 4-202. Vehicles Entering Through Street Intersection.
§ 4-203. Limitations on Backing.
§ 4-204. Opening Door of and Entering and Emerging From Vehicle.
§ 4-205. Stop When Traffic Obstructed.
§ 4-206. Slow Moving Traffic.
§ 4-207. Driving on Left Side of Road.
§ 4-208. Stop Before Entering Public Highway or Sidewalk From Private Road, Yielding Rightof-Way.
§ 4-209. Left Turns.
§ 4-210. Right Turns.
§ 4-211. Lights.
§ 4-212. Fire Hoses.
§ 4-213. Following Fire Trucks.
§ 4-214. General Regulation of Speed and Traffic.
§ 4-215. Golf Carts and Utility Vehicles.
§ 4-216. Mandatory Fines in Certain Residential Areas.
§ 4-201. Adoption of State Law. All of the provisions of Title 46.2 and of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1 and of Article 2 of Chapter 7 of Title 18.2 (§ 18.2-266 et seq.) of the Code of Virginia, 1950, as amended, other than those provisions thereof which plainly have no application within the town, are incorporated by reference into this Chapter. Reference therein to "highways of the state" shall be deemed to include streets, highways, and alleys within the town. The mention of specific state law provisions does not preclude the incorporation of unmentioned provisions.
§ 4-202. Vehicles Entering Through Street Intersection. The driver of a vehicle shall stop at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection from the through street or which are approaching so closely on the through street as to constitute a hazard.
§ 4-203. Limitations on Backing. The driver of a vehicle shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic, and shall, in every case, yield the right-of-way to all moving traffic and also to pedestrians.
§ 4-204. Opening Door of and Entering and Emerging From Vehicle. No person shall open the door of, or enter or emerge from any vehicle in the path of any approaching vehicle unless such action be taken with due regard for safety of persons and property.
§ 4-205. Stop When Traffic Obstructed. No operator of a vehicle shall enter an intersection or a marked crosswalk unless there is sufficient space beyond the intersection or crosswalk in the direction in which the vehicle is proceeding to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.
§ 4-206. Slow Moving Traffic. No person shall drive any vehicle upon a highway in this town at such speed as to unnecessarily block, hinder, or retard the orderly and safe use of the highway or so as to cause congestion on the highway, provided that such speed is less than the prescribed maximum speed limit.
§ 4-207. Driving on Left Side of Road. Except as otherwise provided by law, on all highways of sufficient width, the driver of the vehicle shall drive on the right half of the highway, unless it is impractical to drive on such side of the highway, except for overtaking and passing another vehicle, subject to the provisions applicable to overtaking and passing as set forth in § 46.2-837 et seq. of the Code of Virginia.
§ 4-208. Stop Before Entering Public Highway or Sidewalk From Private Road, Yielding Right-of-Way. The driver of a vehicle entering a public highway or sidewalk from a private road, driveway, alley, or building shall stop immediately before entering such highway or sidewalk and yield the right-[of]-way to vehicles approaching on such public highway and to pedestrians or vehicles approaching on such public sidewalk.
The provisions of this section shall not apply to an intersection of public and private roads controlled by a traffic signal. At any such intersection, all movement of traffic into and through the intersection shall be controlled by the traffic signal. [Typographical error corrected by editor.]
§ 4-209. Left Turns. No person shall make a left turn without passing to the right of the center of the intersection, except as otherwise provided.
§ 4-210. Right Turns. No person shall make a right turn without keeping as close to the curb as is reasonably and safely possible.
§ 4-211. Lights. No person shall fail or refuse to control the lights of a vehicle by shifting, depressing, tilting or dimming the headlight beams thereof so as not to project, into the eyes of the driver of any oncoming vehicle, a glaring or dazzling light.
§ 4-212. Fire Hoses. No person shall drive over any unprotected hose of a fire department when laid down on any street, highway or private driveway, to be used at any fire, or fire drill, or practice drill, without the consent of the Fire Department Officers in command.
§ 4-213. Following Fire Trucks. No person shall follow at closer than 500 feet of any fire apparatus traveling in response to a fire alarm or park closer than 500 feet to a fire apparatus answering an alarm, unless such following or parking is done in furtherance of official business.
§ 4-214. General Regulation of Speed and Traffic.
(a) Except where speed limits have been set under paragraphs (b) or (c) below, the streets under the jurisdiction of the Town of Bridgewater shall have a maximum speed limit of 25 miles per hour.
Legislative Intent: In the 2020 enacting ordinance, Main Street and portions of Dinkel Avenue were exempted from the catch-all provisions in paragraph (a).
(b) Notwithstanding the provisions of paragraph (a), the Town Manager may increase or decrease speed limits, provided such areas or points are clearly indicated by markers or signs and such designated speed is based upon an engineering and traffic investigation. The Manager may also adopt regulations establishing one-way streets, traffic-control signs and devices, and all other lawful means of traffic control.
(c) Additionally, the Town Manager may reduce speed limits, without an engineering and traffic investigation, for a period not to exceed 60 days, in areas where the street or highway is under construction or repair.
§ 4-215. Golf Carts and Utility Vehicles.
(a) The Manager, after requesting the counsel of the Police Chief, may designate certain streets for the operation of Golf Carts and Utility Vehicles.
(b) Before making any such designation, the Manager shall consider the speed, volume, and character of the motor vehicles using the streets in question, and he must determine that Golf-Cart and Utility-Vehicle operation would be compatible with state and local transportation plans and with the Commonwealth’s Statewide Pedestrian Policy.
(c) The provisions of §§ Va. Code, 46.2-916.2 and 916.3 are incorporated herein, mutatis mutandis.
Legislative Intent: This section is intended to be coextensive with §§ 46.2-916.2 and 916.3, with the designation authority reaching as far as allowed by those sections and being conscribed by the same. Moreover, the Council has expressed its intent that ongoing amendments to those state statutes be ipso facto incorporated through paragraph (c).
§ 4-216. Mandatory Fines in Certain Residential Areas.
(a) After the Manager has installed appropriate signage, there shall be mandatory $200 fine for speeding in certain residential areas described below. The fine shall be in addition to other penalties provided by law and shall not be suspended unless the Court orders 20 hours of community service.
(b) The residential areas affected by this section are as follows: (1) Any residential area significantly impacted by a detour. For purposes of this section, “significant impact” means (i) any neighborhood through which cars are detoured because of a street closure and (ii) any adjoining neighborhood which the Manager has determined experiences the effects of the detour.
§ 4-301. Angle-Parking Signs or Markings.
§ 4-302. Parking Vehicles Without Required Indicia.
§ 4-303. Manner of Parking Generally.
§ 4-304. Parking Rules and Regulations Promulgated by Chief of Police.
§ 4-305. Stopping and Parking Prohibited in Specified Places.
§ 4-306. Parking Not to Obstruct Traffic.
§ 4-307. Stopping, Standing or Parking in Alleys.
§ 4-308. Parking for Certain Purposes Prohibited.
§ 4-309. Stopping or Parking in Loading Zones.
§ 4-310. Stopping or Parking in Restricted Parking Zone.
§ 4-311. Parking of Commercial Vehicles Near Residences.
§ 4-312. Parking in Handicap Spaces.
§ 4-313. Food Trucks on Public Streets.
§ 4-301. Angle-Parking Signs or Markings. Upon those streets which have been signed or marked by the Chief of Police or other designated officer for angle parking, no person shall stop or park a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
§ 4-302. Parking Vehicles Without Required Indicia. It shall be unlawful to park any vehicle on a public street or in any Public Parking Lot (as that term is defined in § 4-304(d) below), if such vehicle lacks (i) valid, properly updated, license plates or (ii) A valid inspection sticker. It shall be an affirmative defense to any charge under this section if the vehicle is registered outside Virginia, in a jurisdiction which does not require the indicia described above.
§ 4-303. Manner of Parking Generally. Except upon highways designated as one-way streets, no vehicle shall be stopped except close to and parallel to the right hand curb or edge of the roadway unless otherwise provided by rules and regulations enacted pursuant to § 4-304; and upon highways designated as one-way streets, no vehicle shall be stopped except close to and parallel to either curb unless otherwise provided by rules and regulations enacted pursuant to § 4-304.
With respect to parallel parking, the front and rear wheels of the vehicle nearest the curb shall not be more than twelve (12) inches from the curb or edge of the roadway and the front and rear of the vehicle shall not be closer than two (2) feet to other parked vehicles. No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended without first effectively setting the handbrake, cutting off and locking the ignition, and turning the front wheels into the curb or side of the highway. [Paragraph break added by editor.]
§ 4-304. Parking Rules and Regulations Promulgated by Chief of Police.
(a) The Chief of Police, with written concurrence of the Town Manager, is hereby authorized and directed
(i) To make, promulgate, and enforce rules and regulations for the parking or stopping of vehicles upon Public Parking Lots, other property owned by the Town, and highways, including rules and regulations concerning towing under paragraph (c) below;
(ii) To classify vehicles with respect to parking or stopping;
(iii) To designate the time, length of time, the place and the manner such vehicles may be allowed to park or stop;
(iv) To designate areas for bus stops, taxicab stands, and loading zones; and to revoke, alter or amend such rules and regulations at any time when, in his opinion, traffic conditions and use of the highways require; and
(v) To provide for, in appropriate cases, the metering of parking and payment therefor. (vi) To authorize other persons, whether or not sworn law enforcement officers, to enforce parking regulations through the issuance of a notice of violation triggering the process described in § 4-703.
(b) It shall be unlawful for any person to fail, refuse or neglect to observe and comply with any such rule or regulation enacted pursuant to paragraph (a); provided, however, no such rule or regulation shall be deemed to have been violated unless appropriate and adequate signs, markers, or other devices are erected to inform ordinarily observant persons of such rule or regulation. Such signs, markers or other devices shall be so placed that they may be readily and easily seen.
(c) With respect to vehicles (including trailers and semitrailers) which are
(i) Left unattended on a public highway or other public property and constitute a traffic hazard,
(ii) Illegally parked, and in an area designated as a “tow away zone,”
(iii) Left unattended for more than ten days either on public property or on private property without the permission of the property owner, lessee, or occupant,
(iv) Immobilized on a public roadway by weather conditions or other emergency situation, or
(v) Parked on public highways or grounds and for which there are three or more unpaid or otherwise unsettled parking violations,
Law enforcement officers may direct that the vehicles be removed (by towing or otherwise) for safekeeping. As promptly as possible, each removal shall be reported to the Chief of Police and to the owner of the vehicle. When removal is authorized by subsection (v), the nature and circumstances of the prior unpaid or unsettled parking violation notices shall be provided to the vehicle’s owner along with notice of the removal. Before obtaining possession of the vehicle or part thereof, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating the owner. In addition, when a removal is performed pursuant to subsection (v), all unpaid or unsettled parking violation notices shall also be paid by the owner prior to obtaining the vehicle. This paragraph (c) does not authorize removal of vehicles and parts thereof from private property without the written request of the owner, lessee, or occupant of the premises. Any person at whose request a motor vehicle or parts thereof are removed from private property shall indemnify the Town against any loss or expense incurred by reason of the request.
(d) For purposes of this section, a “Public Parking Lot” is a parking lot owned or leased by the Town or the Town’s Industrial Development Authority.
§ 4-305. Stopping and Parking Prohibited in Specified Places. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:
(i) On a sidewalk;
(ii) In front of a public or private driveway;
(iii) Within an intersection;
(iv) Within 15 feet of a fire hydrant;
(v) On a crosswalk;
(vi) Within 20 feet of a crosswalk at an intersection;
(vii) Within 30 feet of any flashing traffic beacon, stop sign, or traffic-control signal;
(viii) Within 15 feet of the driveway entrance to any fire or rescue squad station, and when so posted, on the side of a roadway opposite the entrance to any fire station, within 75 feet of the entrance;
(ix) Alongside or opposite any street or highway excavation or obstruction when such stopping or parking would obstruct traffic;
(x) On the roadway side of any vehicle, stopped or parked, at the edge or curb of a street;
(xi) Along side any curb painted yellow; and
(xii) At any place in violation of any regulation enacted pursuant to § 4-304.
§ 4-306. Parking Not to Obstruct Traffic. No person shall park any vehicle upon a street, in such a manner or under such conditions as to leave available less than 10 feet of the width of any roadway for free movement of vehicular traffic.
§ 4-307. Stopping, Standing or Parking in Alleys.
(a) No person shall stop or park a vehicle within an alley in a business district except for the expeditious loading or unloading of materials, and no person shall stop or park a vehicle in any other alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic. This paragraph (a) is subject and subordinate to any conflicting regulations enacted under § 4-304.
(b) No person shall stop, stand or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property.
§ 4-308. Parking for Certain Purposes Prohibited. No person shall park a vehicle upon any street or within any Public Parking Lot (as defined in § 4-304) for the principal purpose of:
(i) Displaying such vehicle for sale;
(ii) Washing, maintaining, or repairing such vehicle, except repairs necessitated by an emergency;
(iii) Displaying advertising;
(iv) Selling merchandise (including food) from such vehicle except in a duly established marketplace, or when so authorized or licensed under the ordinances of this municipality;
(v) Storage, or as junkage or dead storage, for more than 72 hours.
§ 4-309. Stopping or Parking in Loading Zones.
(a) Except as specified in paragraph (b) of this section, no person shall stop or park a vehicle for any purpose or length of time other than for the expeditious unloading or loading of materials, in any place marked as a loading zone during hours when the provisions applicable to such zones are in effect.
(b) The driver of a vehicle may stop temporarily at a place marked as a loading zone for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone.
§ 4-310. Stopping or Parking in Restricted Parking Zone. No person shall stop or park a vehicle, for any purpose or length of time, in any restricted parking zone other than for the purpose to which parking in such zone is restricted, except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purpose to which parking is restricted.
§ 4-311. Parking of Commercial Vehicles Near Residences. It shall be unlawful for the owner, operator, or driver of any motor vehicle of over three-fourths-ton capacity to park such vehicle or to permit it to be parked on any street, alley, or other public way in the town for longer than 30 minutes in the following areas:
(i) Any areas zoned for residential use or
(ii) In front of or adjacent to any portion of any lot upon which any residence is constructed. The provisions of this section shall not apply to any vehicle while actually engaged in loading or unloading.
§ 4-312. Parking in Handicap Spaces. It shall be unlawful for any person to park a vehicle not displaying (i) Disabled parking license plates, (ii) An organizational removable windshield placard, (iii) A permanent removable windshield placard, (iv) A temporary removable windshield placard issued under Va. Code § 46.2-1241, or (v) DV disabled parking license plates issued under Va. Code § 46.2-739(B) in a parking space reserved for persons with disabilities that limit or impair their ability to walk. It shall also be unlawful 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. The definitions contained in Va. Code § 46.2-1240 shall apply to terms used in this section.
§ 4-313. Food Trucks on Public Streets. The Manager may prohibit food trucks in certain areas of public streets or other public places, and he may designate other such streets and public places for food truck usage. Further, if he deems it feasible to do so, the Manager may provide electricity and other utilities to such designated areas. Finally, the Manager may charge a reasonable fee for food trucks’ use of designated areas.
§ 4-401. Obedience to Police and Fire Department Officials.
§ 4-402. Obedience to Official Traffic-Control Devices.
§ 4-403. Barriers or Signs Placed by Public Utilities or Town Departments.
§ 4-404. Traffic Control Signs and Regulations.
§ 4-405. When Traffic Devices Required for Enforcement Purposes.
§ 4-406. Photo Speed Monitoring and Enforcement.
§ 4-401. Obedience to Police and Fire Department Officials. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, or member of the fire department at the scene of a fire, who is invested by law or ordinance with authority to direct, control, or regulate traffic.
§ 4-402. Obedience to Official Traffic-Control Devices. No driver of a vehicle shall disobey the instructions of any traffic-control devise placed in accordance with the provisions of the ordinances of this municipality, unless at the time otherwise directed by a police officer.
§ 4-403. Barriers or Signs Placed by Public Utilities or Town Departments. No person, public utility or any town department shall erect or place any barrier or sign on any highway or sidewalk unless first authorized by the Chief of Police or other officer designated by the council. It shall be unlawful for any person to disobey the instructions of any barrier or sign placed in any highway or sidewalk when the barrier or sign has been first approved by the designated officer and the same has been erected pursuant to authority from such officer.
No person shall ride or drive any animal or vehicle or walk over any newly made pavement or freshly painted marking in any highway when a barrier or sign is in place warning persons not to drive over such pavement or marking or when a sign is in place stating that the street or any portion thereof is closed.
§ 4-404. Traffic Control Signs and Regulations. The Chief of Police or other officer designated by the council is authorized to erect and maintain such appropriate signs, markers, semaphores, signals or other devices as may be deemed necessary by him to enforce any rules and regulations made and promulgated by him to regulate and control vehicular traffic and travel upon highways by pedestrians, and to execute the provisions of this Title. Such officer shall also have the authority to designate private driveways as either "entrances" or "exits" and when the property owner or lessee is notified in writing of such designation, such owner or lessee shall install appropriate signs in accordance with specifications drawn by the designated officer and the drivers of all vehicles using such highways shall obey such signs.
§ 4-405. When Traffic Devices Required for Enforcement Purposes. No provision of this ordinance for which signs or markings are required shall be enforced against an alleged violator, if, at the time and place of the alleged violation, an official sign or marking is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
§ 4-406. Photo Speed Monitoring and Enforcement.
(a) Definitions. For purposes of this section, “Photo Speed Monitoring Device” and “School Crossing Zone” have the meanings ascribed to them in Va. Code, §§ 46.2-882.1 and 46.2-873, respectively. “Prosecution” includes any method of instituting or enforcing civil penalties. “Summons” includes any paper instituting a Prosecution. All code sections listed below (such as “§ 46.2-873”) refer to the Code of Virginia.
(b) Authority. The Police Department may install and operate Photo Speed Monitoring Devices in School Crossing Zones for the purposes of recording violations of paragraph (c) below or § 46.2-873.
(c) Violations; Civil Penalties. The operator of a vehicle shall be liable for a monetary civil penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a Photo Speed Monitoring Device, to be traveling (i) at speeds of at least 11 miles per hour above the posted School Crossing Zone speed limit, (ii) within such School Crossing Zone, and (iii) while such zone is active. Such civil penalty shall be $100. Any Prosecution under this section shall be instituted and conducted in the same manner as provided in § 46.2-882.1. Civil penalties collected under this section shall be paid into the Town’s general fund.
(d) Affidavit of Violation. If a Photo Speed Monitoring Device is used, proof of a violation of paragraph (c) shall be evidenced by information obtained from such device. A certificate, or facsimile thereof, sworn to or affirmed by a law enforcement officer, based upon inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo speed monitoring device, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotapes, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation.
(e) Evidence of Identity. In a Prosecution where a Summons was issues by mail, prima facie evidence that the vehicle described in the Summons was operated in violation of paragraph (c), together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle committed the violation.
Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the Rockingham County General District Court that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation or (ii) testifies in open court, under oath, that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior the time of the alleged violation, is presented, prior to the return date, to the General District Court.
(f) Effect of Penalty. Imposition of a civil penalty by mailing a Summons shall not be deemed a conviction as an operator and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.
(g) Execution of Summons. Summonses issued under this section to enforce the penalty imposed by paragraph (c) shall be executed as provided by § 46.2-882.1 or otherwise authorized by state law.
(h) Failure to Execute Summons. If the Police Department does not execute a Summons for a violation of this section (or § 46.2-873) issued pursuant to this section within 30 days following the date of the violation, all information collected pertaining to the suspected violation shall be purged within 60 days following the date of the violation.
(i) Private Vendors. A private vendor may enter into an agreement with the Police Department to be compensated for providing a Photo Speed Monitoring Device and all related support services, including consulting, operations and administration. However, only a law enforcement officer may swear to or affirm the certificate required by this section. Any such agreement for compensation shall be based on the value of the goods and services provided, not on the number of violations paid or monetary penalties imposed.
Any private entity contracting with the Police Department pursuant to this section may enter into an agreement with the department of motor vehicles, in accordance with the provisions of § 46.2-208(B)(31) to obtain vehicle owner information regarding the registered owners of vehicles who violated paragraph (c) hereof or § 46.2-873. Any such information provided to such private vendor shall be protected in a database.
(j) Data Protection. Information collected by a Photo Speed Monitoring Device shall be protected, handled, and purged as provided in § 46.2-882.1(B)(7). Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000 per disclosure.
The Police Department shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or his designee.
(k) Signage. Conspicuous signs shall be placed within 1,000 feet of any School Crossing Zone at which a Photo Speed Monitoring Device is used, indicating the use of the device. There shall be a rebuttable presumption that such sign was in place at the time of the commission of the speed limit violation.
§ 4-501. Application of Title.
§ 4-502. Obedience to Traffic-Control Devices.
§ 4-503. Parking.
§ 4-504. Unlawful to Operate Bicycle While Using Earphones.
§ 4-505. Bicycle Helmets.
§ 4-506. Hand on Handlebars.
§ 4-507. Riding on Sidewalks.
§ 4-508. Reckless Riding.
§ 4-509. Brakes.
§ 4-510. Unclaimed Bicycles.
§ 4-501. Application of Title. Except as provided otherwise in this Title, the provisions of this Title apply equally to the operation of bicycles, electric power-assisted bicycles and mopeds (as those terms are defined in § 46.2-100 of the Code of Virginia) on public streets or highway except such provisions which plainly have no application.
Practice Note: As this section suggests, Chapter 5 was originally codified as a separate title. References to "this title" should be construed as applying to this chapter.
§ 4-502. Obedience to Traffic-Control Devices.
(a) All persons operating a bicycle, electric power-assisted bicycle and moped shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(b) Whenever authorized signs are erected indicating that no right, or left, or U turn is permitted, no persons operating a bicycle shall disobey the direction of any such signs, except where such persons dismount from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.
§ 4-503. Parking. Every person who shall stand or park a bicycle, electric power-assisted bicycle or moped upon a street shall do so in such a manner as to afford the least obstruction to pedestrian traffic.
§ 4-504. Unlawful to Operate Bicycle While Using Earphones. It shall be unlawful for any person to operate a bicycle, electric power-assisted bicycle or moped while using earphones on or in both ears. For the purposes of this section, earphones shall mean any device worn on or in both ears which converts electrical energy to sound waves or which impairs or hinders the person’s ability to hear, but shall not include any prosthetic device which aids the hard-of-hearing. Any person violating this section shall be guilty of a class 4 misdemeanor.
§ 4-505. Bicycle Helmets. Every person 14 years of age or younger shall wear a protective helmet that meets the standards promulgated by the Consumer Product Safety Commission whenever riding or being carried on a bicycle, electric power-assisted bicycle or moped on any highway, sidewalk or public bicycle path.
Violations of this section shall be punishable by a fine of $25. However, such fine shall be suspended (i) for first-time violators and (ii) for violators who, subsequent to the violation but prior to imposition of the fine, purchase helmets of the type required by the ordinance.
§ 4-506. Hand on Handlebars. No person shall ride a bicycle, electric power-assisted bicycle or moped on any street without having at least one (1) of his or her hands upon the handlebars and no person operating an electric power assisted bicycle or moped on a street shall carry any package, bundle or article which prevents the driver fromv keeping at least one (1) hand on the handlebars.
§ 4-507. Riding on Sidewalks. No person shall ride a bicycle or electric power-assisted bicycle upon designated sidewalks or crosswalks. Signs indicating such prohibition shall be conspicuously posted in the general area where such activity is prohibited. No person shall ride a moped upon any sidewalks or crosswalks.
§ 4-508. Reckless Riding. No person shall ride a bicycle, electric power-assisted bicycle or moped recklessly or at a speed or in manner so as to endanger the life, limb or property of the rider or of any other person.
§ 4-509. Brakes. Every electric power-assisted bicycle and moped operated on any street shall be equipped with adequate brakes that will enable the operator to make the braked wheels skid on dry, level, clean pavement.
§ 4-510. Unclaimed Bicycles. Should the Town Police be in possession of an unclaimed bicycle (or electric personal assistive mobility device, electric power-assisted bicycle, or moped) for 31 days or more, the Chief may donate the bicycle (or other device) to a charitable institution.
§ 4-601. School Bus Stopping.
§ 4-602. Passing Stopped School Buses; Penalty.
§ 4-603. Driving Through Funeral or Other Procession.
§ 4-604. Drivers and Participants in a Procession.
§ 4-605. When Permits Required for Parades, Processions, and Sound Trucks.
§ 4-606. Clinging to Vehicles.
§ 4-607. Construction Must Prevent Escape of Contents.
§ 4-608. Depositing Glass or Other Harmful Substance on Highway.
§ 4-609. Railroad Cars Obstructing Street or Road; Standing Vehicle on Railroad Track.
§ 4-610. Filling of Motor Vehicle Tanks With Gasoline While Motors Are Running.
§ 4-611. Offenses by Persons Owning or Controlling Vehicles.
§ 4-601. School Bus Stopping. Every school bus shall stop as far to the right off the street as possible before discharging or loading passengers and, when possible, shall not stop where the visibility is obscured for a distance of 200 feet either way from the bus.
§ 4-602. Passing Stopped School Buses; Penalty. The driver of a motor vehicle approaching from any direction a clearly marked school bus which is stopped on any highway or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, who fails to stop and remain stopped until all such persons are clear of the highway or school highway, shall be subject to a civil penalty of $250 and any such prosecution shall be instituted and conducted in the same manner as prosecutions for traffic infractions. A prosecution or proceeding under this section shall be a bar to a prosecution or proceeding for the same act under § 46.2-859 of the Code of Virginia and vice versa.
In any prosecution for which a summons charging a violation of this section was issued within 10 days of the alleged violation, proof that the motor vehicle described in the summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 [of Title 46.2](§ 46.2-600 et seq.) of the Code of Virginia, shall give rise to a rebuttable presumption that such registered owner of the vehicle was the person who operated the vehicle at the place where, and for the time during which, such violation occurred.
§ 4-603. Driving Through Funeral or Other Procession. No operator of a vehicle shall drive between the vehicles, persons, or animals comprising a funeral or other authorized procession when such procession vehicles are properly identified by pennants or other authorized insignia and while such funeral or procession is in motion except when otherwise directed by a police officer.
§ 4-604. Drivers and Participants in a Procession. All vehicles comprising a funeral or other procession shall proceed as near to the right-hand edge of the roadway as practicable and shall follow the preceding vehicles in such procession as closely as is practicable and safe.
§ 4-605. When Permits Required for Parades, Processions, and Sound Trucks. No funeral or other procession or parade, excepting the forces of the United States Armed Services, the Military Forces of this State, and the forces of the police and fire departments, shall occupy, march, or proceed along any street or roadway except in accordance with a permit issued by the Chief of Police or other officer designated by the council and such other regulations as are set forth herein which may apply. No sound truck or other vehicle equipped with amplifier or loudspeaker shall be driven upon any street for the purpose of selling, offering for sale, or advertising in any fashion except in accordance with a permit issued by the Chief of Police or other designated officer. The Chief of Police shall issue all such permits unless the activity proposed would cause undue inconvenience or annoyance to the townspeople or would present a safety hazard.
§ 4-606. Clinging to Vehicles. No person riding upon any bicycle, moped, motorcycle, motor-driven cycle, coaster, sled, roller skates, or any toy vehicle shall attach the same or himself to any vehicle upon any street.
§ 4-607. Construction Must Prevent Escape of Contents. No vehicle shall be operated or moved on any highway unless such vehicle is so constructed as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
§ 4-608. Depositing Glass or Other Harmful Substance on Highway. No person shall throw, place, or cause to be placed upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal or vehicle. Any person dropping such material on any highway shall immediately remove or cause the same to be removed, and any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
§ 4-609. Railroad Cars Obstructing Street or Road; Standing Vehicle on Railroad Track. It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct, for a longer period than five minutes, the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers. A passway shall be kept open to allow normal flow of traffic. Provided, however, that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger moving trains. Any such railroad company, receiver or trustee, or driver of any such wagon or vehicle, violating any of the provisions of this section shall be fined not less than $10.00 nor more than $500.00.
§ 4-610. Filling of Motor Vehicle Tanks With Gasoline While Motors Are Running. No one shall fill any motor vehicle with gasoline or other fuel while the motor is running, and all operators of motor vehicles shall stop their motors while tanks are being filled with gasoline.
§ 4-611. Offenses by Persons Owning or Controlling Vehicles. Neither the owner, nor any person employing or otherwise directing the driver of any vehicle, shall require or knowingly permit the operation of such vehicle upon a street of this municipality in any manner contrary to law.
§ 4-701. Illegal Cancellation of Traffic Citations.
§ 4-702. Disposition of Traffic Fines and Forfeitures.
§ 4-703. Enforcement of Chapter 3 of This Title.
§ 4-704. Violations of this Title: Penalties for Misdemeanors or Other Traffic Violations.
§ 4-705. Penalty for Driving Under the Influence of Alcohol.
§ 4-706. Failure to Comply With Summons.
§ 4-707. Separate Offense.
§ 4-708. Overtime Parking, Separate Offenses.
§ 4-701. Illegal Cancellation of Traffic Citations. It shall be unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than as provided by this title.
§ 4-702. Disposition of Traffic Fines and Forfeitures. All fines or forfeitures collected upon a finding of violations of ordinance, or upon the forfeiture of bail of any person charged with violation of any of the provisions of this ordinance, shall be paid into the Municipal Treasury and deposited in the general fund.
§ 4-703. Enforcement of Chapter 3 of This Title.
(a) All uncontested parking fines shall be paid to and accounted for by the Town Treasurer or other official designated by council.
(b) When a fine is contested, the Chief of Police or other official shall certify the matter to the General District Court of Rockingham County.
(c) The Chief of Police or other official shall cause the appropriate complaints, warrants, or summons to be issued for delinquent parking citations.
(d) The fines for violations of Chapter 3 shall be as follows:
(1) For violations of § 4-312, the fine shall be not less than $100 nor more than $500.
(2) For any other violation of Chapter 3, the fine shall be $25, but if full payment is received by the Treasurer with 72 hours of the issuance of the citation, the fine shall be reduced to $15.
(e) In any prosecution charging a violation of an ordinance in Chapter 3, proof that the vehicle described in the complaint, summons, parking ticket, citation, or warrant, was parked in violation of the ordinance or regulation, together with proof that the defendant was at the time the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation.
§ 4-704. Violations of this Title: Penalties for Misdemeanors or Other Traffic Violations.
(a) Any person convicted of violating any provision of this title for which no other penalty is provided shall be guilty of a traffic infraction, punishable by a fine of not more than two hundred dollars ($200.00).
(b) If it is found by the judge of a court of proper jurisdiction that the violation of any provision of this title was a serious traffic violation defined below, and the violation was committed while operating a Commercial Vehicle (as that term is defined in § 46.2-341.4 of the Code of Virginia), then the judge may assess, in addition to any other fines assessed, a further monetary penalty not exceeding $500.00.
For the purposes of this section, the following offenses, if committed while operating a Commercial Vehicle, are serious traffic violations:
(i) Driving at a speed of 15 or more miles per hour in excess of the posted speed limits;
(ii) Reckless driving;
(iii) A violation of a Town ordinance related to motor vehicle traffic control arising in connection with a fatal traffic accident;
(iv) Improper or erratic traffic lane change;
(v) Following the vehicle ahead too closely, or
(vi) Texting or using a handheld mobile telephone while driving (as those terms are defined in Code of Virginia, § 46.2-341.20:5(D)) except when necessary to communicate with law enforcement officials or other emergency services.
Practice Note: Cell phone usage while driving commercial vehicles is a violation of state code, and accordingly, the prohibition is incorporated through § 4-201 above. This § 4-704(vi) merely concerns penalties. The Town has not imposed any restrictions not already present in state law.
(c) For the purposes of this section, parking, vehicle weight, and vehicle defect violations shall not be considered traffic violations.
(d) There is hereby imposed and assessed by the Town, an additional fee of five dollars ($5.00) as part of the costs in each criminal and traffic case prosecuted on a Town warrant or summons, in either the circuit court, general district court, or juvenile and domestic relations district court. The clerk of the court in which the warrant or summons is filed shall collect these assessments and remit them to the Town treasurer. The treasurer shall hold the funds subject to disbursements by the Town solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system.
§ 4-705. Penalty for Driving Under the Influence of Alcohol. Any person convicted of driving under the influence of alcohol under§ 4-201 (incorporating Article 2, Chapter 7 of Title 18.2 of the Code of Virginia) shall be punished in accordance with the analogous state law provision.
§ 4-706. Failure to Comply With Summons. Any person who willfully fails to appear when required to do so by summons issued for a violation of this title shall be fined not less than five dollars ($5.00), nor more than twenty-five dollars ($25.00) in addition to the punishment, if any, imposed for the charge for which the summons was issued.
§ 4-707. Separate Offense. Each day that a vehicle is permitted to stop, stand or park in a place, zone, or area in violation of Chapter 3, including any regulation enacted pursuant to § 4-304, shall constitute a separate offense.
§ 4-708. Overtime Parking, Separate Offenses. Whenever parking is limited to a specified length of time, it shall be a separate offense for each period in excess of that authorized that a vehicle is permitted to stand in the same parking space during the same day; provided, however, that no more than three violations for overtime parking shall be charged against the driver of a vehicle for permitting it to stand in the same parking place during the same day.
§ 4-801. Paving of Streets.
§ 4-802. Reserved.
§ 4-803. Reserved.
§ 4-804. When Permit for Paving Required.
§ 4-805. Injury to Sidewalk—Penalty.
§ 4-806. Excavating in Streets and Sidewalks.
§ 4-807. Warning Lights on Street Obstructions.
§ 4-808. Snow Removal.
§ 4-809. Removal of Vehicles From Streets During Snowfall.
§ 4-810. Entrances onto Town Streets.
§ 4-811. Obstruction of Streets.
§ 4-812. Debris in Streets.
§ 4-801. Paving of Streets. No streets are to be paved at the expense of the Town unless agreed to by the Council. It shall be unlawful to attempt to grade, pave, light, clean or otherwise improve at the expense of the Town, any street hereafter dedicated to the public by the owner of private property, unless the same shall have been accepted by the Council and under its direction, laid out by the Town Manager or other duly delegated authority.
The Manager may establish reasonable regulations establishing standards for all streets to be constructed or improved in the Town of Bridgewater.
Legislative History: Seeing no compelling reason to repeal this ordinance, the council has allowed it to stand, although its application is largely historical, dating to a time when distinctions between public and private—and between legislative and executive—were less clear.
§ 4-802. Reserved.
§ 4-803. Reserved.
§ 4-804. When Permit for Paving Required. No person shall pave a sidewalk within the town without first obtaining a permit from the Town Superintendent. Any permit shall designate the material and foundation to be used, the width of the pavement, and such other matters as may be relevant. The actual paving shall be done under the supervision of the Town Superintendent.
§ 4-805. Injury to Sidewalk—Penalty. Any person injuring any sidewalk, shall, when required by the Town Superintendent, pay the Town Treasurer such amount as is estimated by the Superintendent to be necessary to repair the injury. The Superintendent shall then have the sidewalk repaired. If the person causing the injury fails to pay repair costs to the Town Treasurer within 15 days, the costs shall be collected by any lawful means.
§ 4-806. Excavating in Streets and Sidewalks.
(a) No person, firm or corporation shall dig up any street, lane, alley, or park for any purpose without first obtaining written permission therefor from the Town Superintendent.
(b) Any person, firm, or corporation violating this section shall be guilty of a class 4 misdemeanor and punished in accordance with section 1-4 of the Town Code.
§ 4-807. Warning Lights on Street Obstructions. Any person, firm, or corporation who shall break or dig up any street or deposit any material thereon shall place as many lights as may be necessary to warn passers by of the obstruction in the streets, on each and every night, from sunset to sunrise, so long as such breach or obstruction shall remain in the streets.
§ 4-808. Snow Removal. All persons occupying, owning, or having charge of any property within the Town are encouraged to remove the snow from the entire sidewalk in front of such property, within six daylight hours after the snow has ceased to fall.
§ 4-809. Removal of Vehicles From Streets During Snowfall.
(a) Precautionary Vehicle Relocation. Whenever snow begins to accumulate on a public street, vehicle operators should remove their vehicles form the street. Leaving vehicles on the street can interfere with snowplowing operations. Moreover, leaving vehicles on the street creates a risk of danger to the vehicles themselves, either from snowplows or from other vehicles traveling in slippery conditions.
(b) Mandatory Vehicle Relocation. On Main Street and Dinkel Avenue, whenever snow accumulates on any street to a depth of one or more inches, the owners or operators of motor vehicles parked on that street shall remove the vehicles within two hours, without waiting for the snow to cease.
§ 4-810. Entrances onto Town Streets. Entrances onto Town streets from adjacent properties are governed by this section. It shall be unlawful and constitute a class three misdemeanor to construct or maintain any entrance to a Town street except as provided in this section. Each day a violation continues shall constitute a separate offense.
(a) All persons wishing to (i) construct an entrance onto a Town street, (ii) enlarge an existing entrance onto a Town street, or (iii) significantly intensify the usage of an existing entrance, shall make request to the Town Superintendent in such manner as he may direct. The Superintendent may require a reasonably detailed description of the entrance, its existing usage (if any), its proposed usage, and its projected effects on drainage, traffic safety, and the existing street.
(b) In reviewing an application for an entrance permit, the Superintendent shall ascertain whether
(1) All VDOT requirements (as incorporated in paragraph (h)) have been met,
Regulation: Paragraph (b)(1) requires due consideration of VDOT requirements, but such requirements are not, of themselves, dispositive. They must be balanced against the other provisions in paragraph (b), and the outcome could be an approval where the VDOT requirements would deny or a denial where the VDOT requirements would approve. Adopted October 17, 2023.7
(2) The proposed entrance would be consistent with the rights and convenience of adjoining property owners,
(3) The proposed entrance has been designed with due regard to the safety of motorists and other users of Town streets,
(4) The proposed entrance has been designed so as to facilitate stormwater drainage and cause no injury to the Town’s street or other infrastructure,
(5) The proposed entrance has been designed so as to minimize traffic congestion, and
(6) The proposed location of the entrance is at least equivalent to other locations on the lot, considering the criteria of paragraphs (b)(1) through (b)(5).
(c) After reviewing this application under the criteria set forth in paragraph (b), the Superintendent shall within 21 days
(1) Approve the request;
(2) Deny the request, without prejudice to the landowner’s right to re-apply;
(3) Approve the request with conditions, including without limitation, the relocation to a different portion of the lot or the construction of entrance-area improvements, as provided in paragraph (g) below, or
(4) Request additional information from the applicant, if the Superintendent reasonably finds that the applicant has submitted insufficient data for him to make a determination.
If the proposed entrance is approved, the Town Superintendent shall issue a permit for the construction. Should any applicant be aggrieved by a decision of the Town Superintendent under this paragraph, he may appeal in writing to the Town Council within 21 days of decision.
(d) Although every parcel is allowed an entrance to a Town street, the location of any such entrance is subject to the sound discretion of the Town Superintendent. For example,
(1) Where a lot adjoins two streets, the Superintendent can direct that the property take access through whichever street he deems most appropriate under the criteria of paragraph (b) of this section;
(2) Where the owner has proposed an entrance at a certain location, the Superintendent can require that it be relocated to a position in better conformity with paragraph (b).
(e) No lot will be permitted more than one entrance onto Town streets unless each additional entrance meets the requirements of paragraph (b), and the applicant demonstrates to the Town Superintendent by clear and convincing evidence that the additional entrance will create no significant short-term or long-term risk or inconvenience to motorists, other users of Town streets, or adjoining property owners.
(f) The connection of new subdivision streets to existing Town streets shall be governed by the standards set forth in paragraph (b) of this section. Although the Town can require that new subdivision streets connect to existing streets under § 518.1 of the Town Code, it can also prohibit such connections, so long as there is at least one connection to an existing street.
(g) If the Superintendent determines that a proposed entrance cannot satisfy paragraph (b) unless improvements are made to the area adjacent to the entrance, he may, under paragraph (c)(3), approve the application, subject to the applicant’s making the improvements. For example, an entrance might be approved only if nearby utility structures are relocated.
Before issuing the permit, the Superintendent may require the applicant’s bond (with approved surety) that the improvements will be constructed. Section 5-27 of the Town Code shall apply to such improvements and bonding requirements, mutatis mutandis. Under no circumstances, however, may the entrance be used until the required improvements are completed and accepted by the Superintendent.
(h) Except where expressly contradicted by this section (or regulations adopted hereunder), the standards of the Virginia Department of Transportation (VDOT) for entrance requirements are incorporated as necessary elements for the construction of entrances. However, under paragraph (b), compliance with VDOT standards may not be sufficient for the approval of a proposed entrance.
(i) The Superintendent is authorized to adopt regulations implementing the provisions of this section. All such regulations shall be effective upon adoption but shall be subject to review and disapproval by the council.
These regulations may include provisions designed to assist applicants by coordinating this section with subdivision or other development requirements. Nevertheless, notwithstanding any other provision of the Town Code, authorization for an entrance onto a Town street may be given only by the Superintendent or the Council, acting under this section.
§ 4-811. Obstruction of Streets. Encroachments into rights-of-way.
(a) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Apparent Owner” means the person found by the Town Manager to be the likely owner of an Obstruction. For example, the occupant of the property adjoining an Obstruction could be its Apparent Owner.
(2) “Street” means the full width of the Town’s right-of-way or dedicated street or alley area. A “Street” may extend beyond the traveled and paved area. A “Street” includes any adjoining sidewalk.
(3) “Obstruction” means any temporary or permanent improvement which has not been excluded below. Without limiting the foregoing, the term includes signs, basketball goals and other recreational equipment, and lawn ornaments. It also includes such items as scooters which are left in a Street. Nevertheless, the term does not include standard residential mailboxes and structures for newspapers. Nor does the term include improvements maintained in accordance with a franchise or under authority granted by the Town Council. Nor does the term include any Repair Work.
(4) “Person” means any natural person, or any corporation, partnership, company, association or other artificial entity.
(5) “Repair Work” means occupying or blocking any portion of a sidewalk or the traveled portion of a Street for (i) the installation, maintenance, or repair of facilities, including pipes, wires, and poles, or (ii) the installation, paving, or maintenance of a driveway or parking lot. Repair Work includes work performed by Town franchisees.
(b) Requirement—Obstructions. No Person shall directly or indirectly install or maintain any Obstruction in a Street.
Legislative Intent: Some entities may employ a business model which is conducive to third parties’ leaving the entity’s property in a Street. Scooter rental firms often do so. Such entities are indirectly maintaining Obstructions under paragraph (b). Accordingly, upon finding such an Obstruction, the Manager can take the actions specified in paragraph (c) below.
Because the property left in the Street belongs to the entity, enforcement actions must be directed against the entity, as a practical necessity. Nothing in this section makes the entity responsible for the conduct of others. Instead this section is simply geared toward removing Obstructions from Streets, and to do so, it should and does involve the owner of the Obstructing property.
(c) Violations—Obstructions. Should he find a violation of paragraph (b) above, the Town Manager may
(1) Remove the Obstruction, charging the Apparent Owner for the cost of removal, or
(2) Issue a written order to the Apparent Owner to remove it within 10 days. Should the Apparent Owner not remove it within the 10-day period, he shall be liable for a penalty of $10 per day until the Obstruction is removed.
(d) Repair Work. In order to ensure the orderly and safe flow of vehicular and pedestrian traffic, no Repair Work shall be undertaken without a permit from the Town. Such permit may establish the physical and temporal limits of the work, along with requirements for restoring the Street to its prior condition. Because repairs are sometimes needed urgently, any Town employee may issue a verbal permit. Such verbal permits, however, are subject to amendment and supplementation. Permits may also establish penalties for the failure to abide by the provisions of the permit. Such penalties may be imposed by the Manager, should he find a violation of the permit.
(e) Collection. Any charges or penalties incurred under paragraph (c) or (d) above may be collected in the same manner as state and local taxes.
(f) Grievances. Should any Person deem himself aggrieved by the Town Manager’s finding under paragraph (c) of (d) above (or any action, charge, or penalty associated therewith) he may request an informal hearing before the Manager. Such a request must be in writing and must be received by the Town within 14 days of the event or decision giving rise to the request. Failure to request such a hearing shall conclusively confirm the Town’s decision.
(g) Other Remedies. Nothing in this section shall preclude the Town’s availing itself of any other lawful remedies with respect to encroachments in its streets.
§ 4-812. Debris in Streets.
(a) For purposes of this section, “Debris” means any substance which could impede traffic or create a danger.
(b) For purposes of this section, “Person” means any natural person, or any corporation, partnership, company, association, or other artificial entity.
(c) “Responsible Property Owner” refers to both (i) a Person who owns real property and (ii) a Person in possession of real property through a lease.
(d) It shall be unlawful for any Person to leave Debris on a Town street. A Person “leaves” Debris on a street when Debris which had been in his possession falls to the street and comes to a rest.
(e) It shall be unlawful for any Responsible Property Owner to allow Debris to accumulate in a Street. A Responsible Property Owner “allows Debris to accumulate” when Debris from his property escapes his land and enters a public street. All Responsible Property Owners are charged with ensuring that Debris stays off of public streets.
(f) Debris lawfully placed along the side of the street for collection under Title 12 shall not constitute a violation of this section. Likewise, there shall be no violation when Debris is removed within one hour or as soon as the Person notices it on the street, whichever is earlier.
Practice Note: Title 12 has been revised and recodified as Chapter 5 of Title 17.
(g) The violation of this section shall constitute a Class 3 misdemeanor.