09-21-2017 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE ON THURSDAY, THE TWENTY-FIRST DAY OF SEPTEMBER
IN THE YEAR TWO THOUSAND AND SEVENTEEN
PRESENT:
Rex W. Alphin, Chairman, Carrsville District
William M. McCarty, Vice -Chairman, Newport District
Rudolph Jefferson, Hardy District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman Alphin called the regular Board of Supervisors' meeting to order at 5:00
p.m.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia
concerning a discussion regarding the appointment of specific appointees to
County boards, committees or authorities; pursuant to Section 2.2-3711(A)(3)
regarding a discussion or consideration of a disposition of publicly held real
property; and, pursuant to 2.2-3711(A)(8) regarding consultation with legal
counsel employed by this legal body regarding legal matters requiring the
provision of legal advice by such counsel related to proffers.
Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated by County Attorney Popovich.
Upon motion of Supervisor Acree and all voting in favor (5-0), the Board
reconvened into open meeting at 6:00 p.m.
Upon motion of Supervisor Jefferson, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by
this Board of Supervisors that such closed meeting was conducted in conformity
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with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Supervisor Acree delivered the invocation and led the Pledge of Allegiance to the
American Flag.
APPROVAL OF AGENDA AMENDMENTS
Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the
agenda was approved as presented.
CITIZENS' COMMENTS
Ashley Pellit of Southampton Court requested the Board to continue its current
practice of having an invocation.
Maggie Richards of Holly Run Lane; Ryan Cornell of Carrollton; Ed Whitley of
Newport News; Keith Morris of Suffolk and John Conley of Smithfield spoke in
favor of the Confederate statute remaining at the Courthouse complex.
Herb DeGroft provided a report on issues related to the Senior Services of
Southeastern Virginia. An invitation to the Board was extended to hear readings
by Mark Twain at the Suffolk Cultural Arts Center on September 28, 2017. He
notified the Board that the flags at the Confederate monument are not in the
correct order.
Responsive to the issue of the removal of the Confederate statute located at the
Courthouse complex, Supervisor Jefferson suggested the Board conduct a work
session to discuss ways in which the County could be protected from what
recently occurred in Charlottesville with the dismantling of Confederate statutes.
Supervisor McCarty added that State law prevents Confederate statutes from
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being removed and that staff is currently reviewing ways in which groups can be
held accountable for the destruction of same.
Regarding the issue of the Board conducting invocations at meetings, Supervisor
Grice referred to the recent ruling of the Supreme Court that the name of Jesus or
Jesus Christ can be stated during an invocation if that is the person's belief who is
delivering said invocation. He referred citizens to the County website where a
survey will be available for the public to provide feedback on how the County
orchestrates its invocations moving forward and that while this board desires to
follow the law, it will continue to convene its meetings with an invocation of some
sort.
Supervisor Acree commented that the Board would be addressing the invocation
issue at its organizational meeting in January of 2018.
Chairman Alphin commented that all historical markers could be removed;
however, such action would be useless until what perpetuates the perceptions of
the patriarchy is dealt with.
CONSENT AGENDA
Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the
following Consent Agenda was adopted as presented:
A. Resolution to Congratulate Emmanuel Baptist Church on Its 150th
Anniversary
B. Resolution to Accept and Appropriate 2017 Emergency Management
Performance Grant (EMPG) Award
C. Resolution to Appropriate the Unspent FY2016-17 VDEM Dominion Power
Pass -Through Funding
D. Resolution to Accept and Appropriate FY2017-18 VDEM Dominion Power
Pass -Through Funding
E. Resolution Approving a Plan of Lease Refinancing with the Virginia
Resources Authority to Refund a Portion of the County's General Obligation
Public Improvement Bonds
F. Resolution to Approve a Salary Increase for the Constitutional Officers and
Voter Registrar in Fiscal Year 2017-2018
G. Revisions to the County Administrator's Employment Agreement
H. Resolution to Accept a Vehicle Donated by the Town of Windsor to the Isle
of Wight County Sheriff's Office
I. Minutes of August 3, 2017 Special Meeting & August 3, 2017
Intergovernmental Relations Meeting
Q
REGIONAL AND INTER -GOVERNMENTAL REPORTS
County Administrator Keaton reported that the landfill is being utilized while SPSA
is reviewing other alternatives responsive to its action taken to cancel the
RePower contract.
Supervisor Grice reported that there were 250+ senior attendees at the 2017 Fair.
APPOINTMENTS
On motion of Supervisor McCarty, all those voting in favor (5-0), the following
individuals were appointed to the Comprehensive Plan Advisory Task Force: Allen
Turner; Joe Puglisi; Leah Dempsey; Ed Easter; Bill Kessler; John Glover; Brenda
Reynolds; Andy Cripps; Rudolph Jefferson; Jim Henderson; Diana Beale; Sahil Tak;
Grant Hasty; Andrew Gregory; Daryl Butler; Jay Holt; Barbara Wiggins; Tom
Hearn; Jane March; and, Beverly Walkup.
On motion of Chairman Alphin, all those voting in favor (5-0), David Creason was
appointed to serve on the Stormwater Advisory Committee.
On motion of Supervisor Acree, all those voting in favor (5-0), George Rawls was
appointed to serve on the Stormwater Advisory Committee.
On motion of Supervisor McCarty, all those voting in favor (5-0), Steven Haley was
appointed to serve on the Stormwater Advisory Committee.
On motion of Supervisor Jefferson, all those voting in favor (5-0), David Tucker
was appointed to serve on the Stormwater Advisory Committee.
On motion of Supervisor Grice, all those voting in favor (5-0), Triston Barns was
appointed to serve on the Stormwater Advisory Committee.
On motion of Supervisor Grice, all those voting in favor (5-0), Dale Baugh was
nominated to serve on the Southeastern Public Service Authority as the
Governor's appointee.
On motion of Supervisor Grice, all those voting in favor (5-0), Rex Alphin was
nominated to serve on the Southeastern Public Service Authority as the
Governor's appointee.
SPECIAL PRESENTATIONS
Andrea Clontz provided an overview of the County's emergency plans, procedures
and preparedness.
The Board took a recess and reconvened to conduct the public hearings.
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PUBLIC HEARINGS
A. Proposed Extension of Lease Agreement with the Isle of Wight Hunt Club
County Attorney Popovich recalled that the Board, at its September 6th work
session, had received a presentation from a representative of the Virginia Game
and Inland Fisheries office relative to the State managing the Blackwater property
owned by the County and that responsive to the Board's request for additional
information, he would recommend that the Board extend the lease agreement
with the Isle of Wight Hunt Club for an additional year which will generate an
additional $2,398 in revenue.
The public hearing was opened and citizens in opposition to or in favor of were
requested to speak.
Upon no one appearing to speak, Supervisor Acree moved, with all those present
voting in favor (5-0), that the lease renewal extension to the Isle of Wight Hunt
Club be approved.
B. Proposed Extension of Lease Agreement with Mill Swamp Hunt Club
County Attorney Popovich advised that, if approved, the leasing of the property to
the Club would generate an additional $14,175 in revenue.
Marcus Wells of Mill Swamp Road appeared and spoke in favor of the Club's lease
renewal.
Chairman Alphin opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed lease.
Andy Stiltner of Modest Neck Road, President of Mill Swamp Hunt Club, spoke in
favor of the extension of the lease.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Acree spoke in favor of this land being available for use by the
County's citizens. He noted a concern with the lack of current relationship with
the adjoining property owners if the land is maintained by the Game & Inland
Fisheries Department.
Upon motion of Supervisor Acree, all those present voting in favor (5-0), the lease
renewal extension to the Mill Swamp Hunt Club was approved.
C. Ordinance to Vacate Public Interest in Robertson Lane
County Attorney Popovich advised that a deed had been recorded in 1916
granting 1,200 yards of a 30 -foot wide strip of land to the County as a public road,
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but a court order was discovered that indicated that the road was a private lane.
He stated he is unaware of the County ever maintaining the roadway and
understands that it has always been used exclusively by the individuals who reside
on Robertson Lane for ingress and egress. He recommended that the County's
interest be abandoned in that property to ensure that the County has no
responsibility for that roadway in the future.
Chairman Alphin called for persons to speak in favor of or in opposition to the
proposed abandonment.
Upon no one appearing, the public hearing was closed and comments solicited by
the Board.
Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the
Ordinance was adopted.
D. Proposed Deed of Easement to the Town of Smithfield as Part of Drainage
Solution
Chairman Alphin opened the public hearing and called for citizens to speak in
favor of or in opposition to the proposed deed.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
There being none offered, on motion of Supervisor Jefferson, all those present
voting in favor (5-0), the deed was approved.
E. Chapter 11, Motor Vehicles and Traffic, Ordinance
Chairman Alphin opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Alphin closed the public hearing and called for comments from the
Board.
There being no Board comments, upon motion of Supervisor Jefferson, all those
present voting in favor (5-0), the following Ordinance was adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 11. MOTOR VEHICLES AND TRAFFIC,
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WHEREAS, the Board of Supervisors has enacted an ordinance related to motor
vehicles and traffic, all in accordance with the applicable provisions of the Code of
Virginia (1950, as amended); and
WHEREAS, in order to ensure that such ordinance continues to comply with those
provisions of the Code of Virginia, as they may have been amended by the
General Assembly since the enactment of the ordinance, the Board of Supervisors
now believes it appropriate to make certain necessary and required revisions
and/or modifications to its ordinance to better comply with state law;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 11. Motor Vehicles and Traffic. be amended and
reenacted as follows:
CHAPTER 11. - MOTOR VEHICLES AND TRAFFIC.
For state law as to authority of county to regulate motor vehicles and traffic on
highways, see Code of Va., § 46.2-1300 et seq. As to motor vehicles and traffic
generally, see Code of Va., tit. 46.2.
Article I. - In General.
Sec. 11-1. — Definitions.
Wherever the term "motor vehicle" or "vehicle" is used in this chapter, the same
shall be held to refer to and mean "motor vehicle" or "vehicle" as defined in
Section 46.2-100 of the Code of Virginia (1950, as amended), as it may be
amended from time to time.
Sec. 11-2. - Adoption of state law.
Pursuant to the authority granted the county of Isle of Wight by Section 46.2-1313
of the Code of Virginia (1950, as amended), all of the provisions and requirements
of the laws of the Commonwealth contained in Title 46.2, of Article 9 (Section
16.1-278 et seq.) of Chapter 11 of Title 16.1, and of Article 2 (Section 18.2-266 et
seq.) of Chapter 7 of Title 18.2 of the Code of Virginia (1950, as amended), except
those provisions and requirements the violation of which constitute a felony, and
except those provisions and requirements which by their very nature can have no
application to or within the county, are hereby adopted and incorporated in this
chapter by reference and made applicable within the county. The adoption of the
ordinance codified in this section incorporating the aforesaid provisions of the
Code of Virginia by reference, is to include any and all changes and amendments
thereto heretofore and hereafter made by the General Assembly of Virginia as if
specifically set forth herein. References to "highways of the state" contained in
such provisions and requirements hereby adopted shall be deemed to refer to the
streets, highways and other public ways within the county. Such provisions and
requirements are hereby adopted, mutatis mutondis, and made a part of this
chapter as fully as though set forth at length herein, and it shall be unlawful for
any person, within the county, to violate and fail, neglect or refuse to comply with
any provision of Title 46.2 or of Article 2 (Section 18.2-266 et seq.) of Chapter 7 of
Title 18.2 of the Code of Virginia which is adopted by this section; provided, that
in no event shall the penalty imposed for the violation of any provision or
requirement hereby adopted exceed the penalty imposed for a similar offense
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under Title 46.2 or Article 2 (Section 18.2-266 et seq.) of Chapter 7 of Title 18.2 of
the Code of Virginia. (6-5-75; 10-19-89; 8-18-94; 6-20-96; .}
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-1313.)
Sec. 11-3. – Compliance with chapter; general Penalty for violations.
(a) It shall be unlawful for any person to refuse, fail or neglect to comply with
any of the provisions of this chapter or any rule or regulations promulgated
pursuant thereto.
(b) Every person convicted of a violation of any of the provisions of this
chapter when such violation does not constitute a felony, or who is
convicted of violating any rule or regulation promulgated pursuant to this
chapter, for which no other penalty is provided shall, for a first conviction
thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor
more than one hundred dollars ($100.00) or by imprisonment in jail for not
less than one (1) nor more than ten (10) days, or both; for a second such
conviction within one (1) year, such person shall be punished by a fine of
not less than twenty dollars ($20.00) nor more than two hundred dollars
($200.00) or by imprisonment in jail for not less than one (1) nor more than
twenty (20) days, or both; for a third or subsequent conviction within one
(1) year such person shall be punished by a fine of not less than fifty dollars
($50.00) nor more than three hundred dollars ($300.00) or by
imprisonment in jail for not less than ten (10) days nor more than thirty (30)
days, or both.
(STATE LAW REFERENCE – As to penalties for violation of ordinance generally,
Code of Virginia, Sec. 15.2-1429; prohibition against imposing penalties in excess
of that imposed for similar offense by the state, Code of Virginia, Sec. 46.2-1300;
penalty for violation of motor vehicle and traffic regulations generally, Code of
Virginia, Sec. 46.2-113.)
Sec. 11-4. –Authority of sheriff to move vehicle involved in accident.
Whenever a motor vehicle, trailer or semitrailer involved in an accident is found
upon a highway in the county and is so located as to impede the orderly flow of
traffic, the sheriff may (i) at no cost to the owner or operator, remove such motor
vehicle, trailer or semitrailer from the highway to some point in the vicinity where
such motor vehicle, trailer or semitrailer will not impede the flow of traffic or (ii)
have the vehicle removed to a storage area for safekeeping and shall report the
removal to the Department of Motor Vehicles of the Commonwealth and to the
owner of the vehicle as promptly as possible. If the vehicle is removed to a
storage area under clause (ii), the owner shall pay to the parties entitled thereto
all costs incidental to its removal and storage.
(STATE LAW REFERENCE – Authority for above section, Code of Virginia, Sec. 46.2-
1212.)
Sec. 11-5. – Railroad cars obstructing crossings; 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 (5) 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, but a passway shall be
kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon
or other vehicle on the track of any railroad which will hinder or endanger a
moving train; provided that when a train has been uncoupled, so as to make a
passway, the time necessarily required, not exceeding three (3) 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. Any such
railroad company, receiver or trustee, violating any of the provisions of this
section shall be fined not less than $100 nor more than $500; provided the fine
may be $100 for each minute beyond the permitted time but the total fine shall
not exceed $500. This section shall not apply when the train is stopped due to
breakdown, mechanical failure or emergency.
(STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 56-
412.1 and Sec. 56-412.2.)
Sec. 11-6. — Reckless driving on certain parking lots.
(a) For the purpose of this section, a "parking lot" is defined as any parking lot
open to the public and designed to accommodate fifty (50) or more
vehicles, as well as any privately owned road or street serving as access
to the actual parking area and connecting thereto, provided the road or
street is also open to the public.
(b) A person shall be guilty of reckless driving and a Class 1 misdemeanor if
such person:
(1) Operates a motor vehicle upon a parking lot twenty (20) miles per
hour or more in excess of any posted speed limit; or
(2) Operates a motor vehicle upon a parking lot recklessly or at a speed
or in a manner so as to endanger the life, limb or property of any person.
(STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 46.2-
1219; similar provisions applicable to highways, Secs. 46.2-852, 46.2-863 and
46.2-881.)
Sec. 11-7. - Washing and greasing vehicle on highway or sidewalk.
No person shall wash, polish or grease a vehicle upon a highway or sidewalk, nor
shall the owner of a vehicle permit it to be washed, polished or greased upon a
highway or sidewalk. A violation of this section shall constitute a Class 4
misdemeanor. (10-1-92; .)
Sec. 11-8. - Keeping of inoperative motor vehicles.
(a) Definitions as used in this section:
(1) Motor vehicle or vehicle means any motor vehicle, trailer or semi-
trailer, or any part thereof, as defined in Section 46.2-100 of the Code of Virginia
(1950, as amended).
(2) Inoperative vehicle means any vehicle
(i) which is not in operating condition; or
(ii) which, for a period of sixty (60) days or longer, has been partially or
totally disassembled by the removal of tires and wheels, the engine, or other
essential parts required for operation of the vehicle; or
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plates; or
(iii) on which there are displayed no valid state license
(iv) on which there is displayed no valid state inspection
decal.
This definition of "inoperative vehicle" shall not include a registered and
licensed antique vehicle, classic vehicle, or prestige vehicle so long as the vehicle
is in operating condition.
(3) Shielded or screened from view means not visible by someone
standing at ground level from outside of the property on which the subject vehicle
is located by using one of the following methods:
(i) a form fitted, defect -free cover specifically designed and manufactured to
completely shield the motor vehicle, trailer or semi -trailer from view; or
(ii) a hedge or dense evergreen landscape planting not less than six (6) fee high
and ten (10) feet wide that is neat and well maintained; or
(iii) an opaque masonry wall or treated wood fence of stockade, board and
batten, panel or similar type design in good repair of nto less than six (6) fee high
and ten (10) feet wide, provided such wall or fence meets the restrictions of the
Isle of Wight County Zoning Ordinance as set forth in Appendix B of the Isle of
Wight County Code.
(b) The keeping by any any person, firm or corporation, except within a fully
enclosed building or structure or otherwise shielded or screened from view, of
any inoperable motor vehicle on any property zoned for residential, commercial
or agricultural purposes if it is detrimental to the public health, safety and
welfare, and is hereby declared to constitute a public nuisance.
(c) It shall be unlawful for any person, firm or corporation to keep on any
property zoned for residential, commercial or agricultural purposes any vehicle
which is inoperative, except as follows:
(1) on property less than two (2) acres, one (1) inoperative vehicle,
including any portions thereof, may be kept provided they are shielded or
screened from view; or
(2) on property two (2) acres and larger, two (2) inoperative vehicles,
including any portions thereof, may be kept provided they are shielded or
screened from view; or
(3) the inoperative vehicle is kept at a commercial business in
compliance with the county's zoning regulations covering such business and/or a
conditional use permit has been issued for the operation of such business; or
(4) an inoperative vehicle being repaired at an automobile repair
business may be kept at such property for no more than sixty (60) continuous
days; or
(5) the inoperative vehicle is kept within a fully enclosed building or
structure.
(d) The provisions of this section shall not apply to any entity which was
licensed and regularly engaged in business as an automobile dealer, salvage
dealer or scrap processor, as of June 26, 1970.
(e) Any person violating this section shall be guilty of a Class 1 misdemeanor.
Each day's continuation of a violation of this section shall be deemed a separate
offense.
(f) Any person who is a first time violator of this section may be found guilty of
a Class 4 misdemeanor if the property is in compliance before the time of trial.
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(g) The Zoning Administrator and Code Enforcement Officer are hereby
authorized to take any action necessary to ensure compliance with this section.
(STATE LAW REFERENCE — Authority to restrict keeping of inoperative vehicles,
Code of Virginia, Sec. 15.2-904(A).)
Sec. 11-9. — Removal of inoperative vehicles.
(a) The owner of real property shall remove therefrom any inoperative motor
vehicle which is kept in violation of Section 11-8 above.
(b) The county, through its agents and employees, may remove any inoperative
vehicle, which is kept in violation of Section 11-8 above, after ten (10) days' notice
to the owner of the real property upon which such vehicle is located.
(c) After the county has removed an inoperative vehicle, in accordance with
the preceding subsection, the county may dispose of such vehicle, after giving ten
(10) days' notice to the owner of the vehicle, or, if the name of the owner of the
vehicle cannot be reasonably ascertained, after giving ten (10) days' notice to the
owner of the real property upon which such vehicle is located.
(d) The cost of any removal pursuant to this section shall be chargeable (i) to
the owner of the vehicle and/or (ii) to the owner of the real property upon which
such vehicle was located. The liability of all such persons shall be joint and
several.
(e) The costs of any removal pursuant to this section may be collected by the
county as taxes and levies are collected.
(f) Every cost authorized by this section with which the owner of the premises
has been assessed shall constitute a lien, against the property from which the
vehicle was removed, the lien to continue until actual payment of such costs has
been made to the county.
(STATE LAW REFERENCE — Authority to restrict keeping of inoperative motor
vehicles and removal of such vehicles, Code of Virginia, Sec. 15.2-904.)
Article 11. - Motor Vehicle License Fee.
For state law as to authority of county to impose license fee on vehicles, see Code
of Va., §§ 46.2-752, 46.2-753.
As to licenses generally, see Ch. 10 of this Code.
Sec. 11-10. — Definition.
As used in this article, the word "resident" shall mean and include:
(a) Any person having a place of abode in the county for more than thirty (30)
days irrespective of any intention on the part of the person to return to
or establish a residence outside of the county at some future date; or
(b) Any corporation or firm having an office or place of business in the county.
Sec. 11-11. — Penalty for violation of article.
Any person violating any provision of this article shall be guilty of a Class 4
misdemeanor. No violation of this article shall be discharged by payment of a fine
except upon presentation of satisfactory evidence that the required registration
has been made.
(STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 46.2-
752.)
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Sec. 11-12. — Disposition of revenue.
Revenue derived under this article shall be paid into the general fund of the
county.
Sec. 11-13. — License required; exception.
(a) It shall be unlawful for any resident of the county to own or have in his
custody or under his control a motor vehicle which is normally garaged, stored or
parked in the county, unless such vehicle is currently licensed pursuant to this
article.
(b) This section shall not apply to any vehicle that is not required to have an
annual or biannual state vehicle registration.
(STATE LAW REFERENCE — Authority for above section, Code of Virginia, Sec. 46.2-
752.)
Sec. 11-14. — License fee required generally.
(a) Except as otherwise provided, on each motor vehicle and motorcycle
required to be registered under this article there shall be a vehicle fee as set forth
for each type of vehicle in the Isle of Wight County Uniform Fee Schedule, as
adopted by the Board of Supervisors, as it may be amended from time to time.
(b) Every owner of a motor vehicle which becomes subject to this article shall
pay the license fee herein prescribed and otherwise comply with the provisions of
this article.
(c) If a town within Isle of Wight County imposes like fees on vehicles of
owners resident in the town, the owner of any vehicle subject to the fees shall be
entitled, on the owner's displaying evidence that he has paid the fees, to receive
credit on the fees imposed by this county to the extent of the fees he has paid to
the town. Provided, however, not more than one license plate in addition to the
state plate shall be required.
(d) Isle of Wight County may enter into compacts for the regional enforcement
of local motor vehicle license requirements to require the owner or operator of
any motor vehicle, trailer, or semitrailer to display on his vehicle a valid local
license issued by another county, city, or town that is a party to the regional
compact, provided that the owner or operator is required by the jurisdiction of
situs, as provided in Section 58.1-3511 of the Code of Virginia (1950), as amended,
to obtain and display such license. (1-4-68, §§ 2, 10; 1-6-77, § 4; 11-19-81, § 1; 8-
16-90, § 1; 10-16-97; 9-21-06; 4-19-07.)
(STATE LAW REFERENCE -- Authority for above section, Code of Virginia, Sec. 46.2-
752.)
Sec. 11-.15. - Exception.
Notwithstanding any other provisions of this article, a resident of the county who
owns a motor vehicle shall not be required to pay a license fee if such motor
vehicle is stored on private property for a period of not in excess of sixty (60)
days, for the purpose of removing parts for the repair of another vehicle. In
addition, nothing in this article shall apply to any vehicle being held or stored by
or at the direction of any governmental authority, to any vehicle owned by a
member of the armed forces on active duty, or to any vehicle regularly stored
within a structure, or to any vehicle not operated on public rights-of-way. For
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purposes of this section, the term "structure" shall have the same meaning as that
ascribed to it in accordance with the Isle of Wight County Zoning Ordinance, as it
may be amended from time to time. (4-19-07; 1-17-08; ,}
Sec. 11-16. - Tax year.
(a) After a motor vehicle has been assessed for personal property tax purposes
by the commissioner of the revenue, or registered with and assessed by the
commissioner of revenue for personal property tax purposes, the county
treasurer shall mail to the taxpayer a bill for the license fee. The license fee shall
be listed as a separate item on each year's annual personal property tax bill and
shall be due on or before December 5 or as indicated on the tax bill.
(b) Upon payment of the license fee prescribed by this article and compliance
with all other applicable provisions of this article, the county treasurer shall mark
the records to indicate that the license fee has been paid for the taxpayer's
vehicle for which the license fee was charged. (1-4-68, § 4; 1-6-77, § 1; 9-21-06; 4-
19-07; 9-26-06; 4-19-07;7-16-99; 8-20-09; 8-21-04; .}
Sec. 11-17. - Applications; issuance.
Every owner of a motor vehicle subject to this article shall make application for
the license herein required to the county treasurer at such place or places as the
treasurer may designate, upon form prescribed by the treasurer, containing the
name and address of the owner and description of the motor vehicle to be
licensed, and, upon such form shall appear the registration number assigned to
the motor vehicle licensed hereunder and to the owner thereof. No motor vehicle
subject to this article shall be locally licensed by the county unless and until the
applicant for such license shall have produced satisfactory evidence to the
treasurer of the county that all personal property taxes upon the motor vehicle to
be licensed have been paid and satisfactory evidence that any delinquent motor
vehicle, trailer or semitrailer personal property taxes owing have been paid which
have been properly assessed or are assessable against the applicant by the
county. Provided, further, that no motor vehicle license shall be issued unless the
tangible personal property taxes properly assessed or assessable by Isle of Wight
County on any tangible personal property used or usable as a dwelling titled by
the department of motor vehicles owned by the taxpayer have been paid. And,
provided further, that if the situs for the vehicle is within Isle of Wight County, all
personal property taxes assessed by either the county or the town on said vehicle
must be paid before licensure of such vehicle by either the county or the town. (1-
4-68, § 6; 11-19-81, § 3; 12-5-85; 9-4-86; 8-16-90, § 2; 9-21-06; 4-19-
07; .)
Sec. 11-18. - Special exemptions.
A license fee, as more specifically set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the Board of Supervisors, as it may be amended from
time to time, is hereby imposed on the following: each National Guard license
plate with "NG" and each farm truck license plate with an "I^". Vehicles with "Farm
Use" license plates are not subject to a license fee.
Local licenses may be issued free of charge for any and all of the following:
(i) Vehicles owned by volunteer rescue squads;
(ii) Vehicles owned by volunteer fire departments;
(iii) Vehicles owned by active members of volunteer rescue squads;
13
(iv) Vehicles owned by active members of volunteer fire departments;
(v) Vehicles owned by auxiliary police officers;
(vi) Vehicles owned by disabled veterans;
(vii) Vehicles owned by former prisoners of war;
(viii) Vehicles owned or leased by deputy sheriffs;
(ix) Vehicles owned or leased by police officers;
(x) Vehicles owned or leased by officers of the state police;
(xi) Vehicles owned or leased by salaried firefighters;
(xii) Vehicles owned or leased by salaried emergency medical technicians; and
(xiii) Vehicles owned by former members of volunteer rescue squads or former
members of volunteer fire departments who have served at least ten years in Isle
of Wight County.
In the case of active members of volunteer rescue squads, volunteer fire
departments and auxiliary police officers, applications for such licenses shall be
accompanied by written evidence, in a form acceptable to the Isle of Wight
County Treasurer, of their active membership, and no member shall be issued
more than one such license free of charge. (1-4-68, § 3; 1-2-75, § 1; 10-6-77; 9-21-
89; 8-16-90, § 3; 12-3-92; 9-21-06; 4-19-07; 9-20-07; 4-16-09; Ord. No. 2013-9-C,
6-20-13; 8-21-04; .}
(STATE LAW REFERENCE - Authority of the County to grant exceptions to motor
vehicle license taxes, Code of Virginia, Sec. 46.2-752.)
Sec. 11-19. - Proration; refunds.
In no event shall an owner of a motor vehicle subject to this article be entitled to
proration or refund of the license fee. (1-4-68, § 5; 1-2-75, § 2; 1-6-77, § 2; 11-19-
81, § 5; 9-21-06; 4-19-07; }
Sec. 11-20. - Upon sale or transfer of licensed vehicle.
Any owner of a motor vehicle who sells or transfers a motor vehicle subject to
this article and simultaneously therewith acquires another motor vehicle subject
to this article in such owner's name shall, upon application to the treasurer on
forms prescribed by the treasurer containing the name and address of the owner,
the registration number of the license previously issued for and a description of
the motor vehicle for which such license had been issued and the name and
address of the owner and a description of the motor vehicle so acquired to be
licensed and the payment to the treasurer of a license fee, be issued another
license and registration number for each motor vehicle so acquired; provided,
that the motor vehicle for which such license and registration number are to be
issued and upon which the same are to be used shall be titled and registered in
the name of the owner to whom the license and registration number was
originally issued. (1-4-68, §§ 7, 8; 1-2-75, § 3; 1-6-77, § 3; 9-21-06; 4-19-07;
Sec. 11-21. - Records.
The Isle of Wight County Treasurer shall keep a record of each license fee paid,
license issued, and registration number given, along with the name and address of
the owner of the motor vehicle to whom such license is issued and a description
of the motor vehicle for which such license is issued. (1-4-68, § 11.; 9-21-06; 4-19-
07; . )
14
Sec. 11-22. - Enforcement of article generally.
This article shall be enforced by the sheriff, deputy sheriffs and all police officers
of the county and may also be enforced by the Virginia State Police, all of whom
are hereby authorized and empowered to issue the summons or notice for
violations of this article. (1-4-68, § 13; 9-21-06; 4-19-07; .}
Sec. 11-23. - Arrests and warrants.
Whenever any person is arrested for a violation of any provision of this article,
the arresting officer shall take the name and address of such person and the
license number of his motor vehicle and issue a summons or otherwise notify
such person in writing to appear at a time and place to be specified in such
summons or notice, such time to be at least five (5) days after such arrest unless
the person arrested shall demand an earlier hearing. Such arresting officer shall
thereupon and upon the giving by such person of his written promise to appear at
such time and place forthwith release him from custody. Any person refusing to
give such written promise to appear shall be taken immediately by the arresting
officer before an officer authorized to issue criminal warrants and admit to bail in
the county. Such authorized officer, if he has reasonable grounds upon which to
believe that the person arrested has violated any of the provisions of this article,
shall issue a warrant for such violation. The person arrested shall be released if no
warrant is issued or upon entering into a recognizance with surety or giving his
personal recognizance and depositing, or causing to be deposited, in cash the
amount of bail required to be furnished with such judicial officer. Such judicial
officer shall give an official receipt for funds so deposited. (1-4-68, § 14; 9-21-06;
4-19-07; .}
Sec. 11-24. - Certain unlawful acts enumerated.
It shall be unlawful for any person subject to this article:
(a) To operate a motor vehicle subject to this article upon the public streets,
highways and roads in the county, after December 5th of each and every license
tax year, without first paying the license tax prescribed herein;
(b) To willfully violate any written promise, given in accordance with this article
to appear at the time, place and before the county designated in any written
summons or notice issued pursuant to and for any violation of this article and
which shall be in addition to and regardless of the disposition of the charge upon
which he was originally summoned; or
(c) To make and file a false application for a license or a false affidavit. (1-4-68,
§ 15; 9-21-06; 4-19-07; .)
Sec. 11-25. - Late payments; collections; penalties.
(a) Any person failing to properly pay the license tax set forth herein shall be
subject to late payment penalties and/or a collection fee as shall be set forth in
the Isle of Wight County Uniform Fee Schedule, as adopted by the board of
supervisors, as it may be amended.
(b) Any person violating any of the provisions of this article shall be deemed
guilty of a Class 4 misdemeanor, and, upon conviction thereof, shall be punished
by fine not to exceed two hundred fifty dollars. A violation of this article may not
be discharged by payment of a fine except upon presentation of satisfactory
15
evidence that the required license tax has been paid. (1-4-68, § 17; 11-19-81, § 4;
8-16-90, § 4; 9-21-06; 4-19-07; 5-1-14; .}
Article III. — Abandoned, Immobilized, Unattended and TrespassingVehicies.
For state law as to abandoned, immobilized, unattended and trespassingvehicles,
see Code of Va., §§ 46.2-1200 to 46.2-1239.
Sec. 11-26. - Definitions.
For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Abandoned motor vehicle.\A motor vehicle, trailer, semitrailer that:
(a) Is left unattended on public property for more than forty-eight (48) hours in
violation of a state or local ordinance; or
(b) Is left unattended on the shoulder of a primary highway; or
(c) Has remained for more than forty-eight (48) hours on private property
without the consent of property's owner, regardless of whether it was brought
onto the private property with the consent of the owner or person in control of
the property.
Demolisher.\Any person whose business is to crush, flatten, or otherwise reduce
a vehicle to a state where it can no longer be considered a vehicle.
Garage keeper.\Any operator of a parking place, motor vehicle storage facility or
establishment for the servicing, repair or maintenance of other vehicles. (10-3-74,
§§1, 5.)
Sec. 11-27. - Employment, hiring, etc., of persons by county for disposition.
The county may employ its own personnel, equipment and facilities or hire
persons, equipment and facilities or firms or corporations who may be
independent contractors for the purpose of removing, preserving and storing
abandoned motor vehicles. (10-3-74, § 2.)
Sec. 11-28. - Notice to owner of vehicle taken into custody.
When the county takes into custody an abandoned motor vehicle, the county
administrator shall notify within fifteen days thereof, by registered mail, return
receipt requested, the owner of record of the motor vehicle and all persons
having security interests therein of record, that the vehicle has been taken into
custody. The notice shall describe the year, make, model and serial number of the
abandoned motor vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any persons having security interests
of their right to re-claim the motor vehicle within three weeks after the date of
the notice, upon payment of all towing, preservation and storage charges
resulting from placing the vehicle in custody, and state that the failure of the
owner or persons having security interests to exercise their right to reclaim the
vehicle within the time provided shall be deemed a waiver by the owner, and all
persons having any security interests, of all right, title and interest in the vehicle,
and consent to the sale of the abandoned motor vehicle at a public auction.
If records of the state division of motor vehicles contain no address for the owner
or no address of any person shown by such records to have a security interest, or
if the identity and addresses of the owner and all persons having security
IR
interests cannot be determined with reasonable certainty, notice by publication
once in a newspaper of general circulation in the area where the motor vehicle
was abandoned shall be sufficient to meet all requirements of notice as to any
person who cannot be notified pursuant to the provisions of the preceding
paragraph of this section. Such notice by publication may contain multiple listings
of abandoned motor vehicles. Any such notice shall be within the time
requirements prescribed for notice by mail and shall have the same contents
required for a notice by mail.
The consequences and the fact of failure to reclaim an abandoned motor vehicle
shall be as set forth in a notice given in accordance with and pursuant to this
section. (10-3-74, § 3.)
Sec. 11-29. - Sale of vehicle at public auction.
If an abandoned motor vehicle has not been reclaimed as provided for in the
preceding sections, the county or its authorized agent shall sell the abandoned
motor vehicle at public auction. The purchaser of the motor vehicle shall take title
to the motor vehicle free and clear of all liens and claims of ownership of others,
shall receive a sales receipt from the sale, and shall be entitled to apply to and
receive from the Virginia Department of Motor Vehicles a certificate of title and
registration card for the vehicle. The sales receipt from the sale shall be sufficient
title only for purposes of transferring the vehicle to a demolisher for demolition,
wrecking or dismantling, and, in such case, no further titling of the vehicle shall be
necessary. From the proceeds of the sale of an abandoned motor vehicle, the
county or its authorized agent shall reimburse the county for the expenses of the
auction, the cost of towing, preserving and storing the vehicle which resulted
from placing the abandoned motor vehicle in custody, and all notice and
publication costs incurred pursuant to this article. Any remainder from the
proceeds of a sale shall be held for the owner of the abandoned motor vehicle or
any person having security interests therein, as their interests may appear, for
sixty (60) days, and then shall be deposited into the treasury of the county. (10-3-
74, § 4.)
Sec. 11-30. - Vehicles abandoned in garages.
Any motor vehicle, trailer or semitrailer or part thereof left for more than ten (10)
days in a garage operated for commercial purposes after notice by registered or
certified mail, return receipt requested, to the owner to pick up the vehicle, or for
more than ten days after the period when, pursuant to contract, the vehicle was
to remain on the premises, shall be deemed an abandoned motor vehicle, and
may be reported by the garage keeper to the county administrator. All abandoned
motor vehicles left in garages may be taken into custody by the county in
accordance with this article and shall be subject to the notice and sale provisions
as provided in this article; provided, that if such vehicle is reclaimed in accordance
with the preceding sections, the person reclaiming such vehicle shall, in addition
to the other charges required to be paid, pay the charges of the garage keeper, if
any; provided further, that if such vehicle is sold as hereinabove provided, the
garage keeper's charges, if any, shall be paid from, and to the extent of, the
excess of the proceeds of sale after paying the expenses of the auction, the costs
of towing, preserving and storing such vehicle which resulted from placing such
vehicle in custody and all notice and publication costs incurred. (10-3-74, § S.)
17
Sec. 11-31. - Disposition of inoperable abandoned vehicles—Generally,
When, in the opinion of the authorized agent of the board of supervisors
designated by the board of supervisors to have duties which include the disposal
of abandoned vehicles, any motor vehicle, trailer, semitrailer or part thereof
which is inoperable and which, by virtue of its condition, cannot be feasibly
restored to operable condition, may be disposed of to a demolisher, without the
title and without the notification procedures, by the person, firm, corporation, or
political subdivision on whose property or in whose possession such motor
vehicle, trailer or semitrailer is found. The demolisher, upon taking custody of
such motor vehicle, trailer or semitrailer shall notify the state division of motor
vehicles, on forms and in the manner prescribed by the commissioner of the state
division of motor vehicles and, notwithstanding any other provision of law, no
other report or notice shall be required in such instance. (10-3-74, § 6.)
Sec. 11-32. - Same—Certificate of title not required; records.
(a) Any demolisher who purchases or otherwise acquires a motor vehicle for
purposes of wrecking, dismantling or demolition shall not be required to obtain a
certificate of title for such motor vehicle in his own name. After the motor vehicle
has been demolished, processed or changed so that it physically is no longer a
motor vehicle, the demolisher shall surrender to the Virginia Department of
Motor Vehicles the certificate of title or sales receipt therefor for cancellation.
(b) A demolisher shall keep an accurate and complete record of all motor
vehicles purchased or received by him in the course of his business. These records
shall contain the name and address of the person from whom each such motor
vehicle was purchased or received and the date when such purchases or receipts
occurred. Such records shall be open for inspection by the Virginia Department of
Motor Vehicles at any time during normal business hours. (10-3-74, § 7.)
Sec. 11-33. - Same—Certification of disposal; application for reimbursement of
county.
When an inoperable abandoned motor vehicle, trailer, semitrailer or major
portion thereof has been left on property located within the county in accordance
with the provisions of this article, the county administrator or other authorized
agent of the board of supervisors shall so certify to the Virginia Department of
Motor Vehicles, upon forms provided by the Department, and apply for
reimbursement in the sum of fifty dollars ($50.00) for each motor vehicle
disposed of and shall otherwise comply with the rules and regulations as the
commissioner of the division of motor vehicles may make with reference thereto.
No reimbursement shall be made on vehicles acquired from sources outside the
county's jurisdiction nor on vehicles received from dealers engaged in the
business of dismantling used automobiles. (10-3-74, § S.)
Sec. 11-34. – Authority to remove_ and _store unattended vehicles - generally.
(a) Whenever any motor vehicle, trailer or semitrailer is found on the public
highways or public grounds unattended by the owner or operator and the vehicle
constitutes a hazard to traffic or is parked in such a manner as to be in violation of
law or whenever any motor vehicle, trailer or semitrailer is left unattended for
more than ten (10) days upon any public property or privately owned property
other than the property of the owner of such motor vehicle, trailer or semitrailer,
within the county or is abandoned upon such public property or privately owned
property, without the permission of the owner, lessee or occupant thereof, such
motor vehicle, trailer or semitrailer may be removed for safekeeping by or under
the direction of a member of the Sheriff's Department to a storage garage or
area.
(b) No vehicle shall be removed under this section from privately owned
property without the written request of the owner, lessee or occupant of said
property. The person at whose request such vehicle is removed from privately
owned property shall indemnify the county against any loss or expense by reason
of removal, storage or sale thereof.
(c) For purposes of this section, it shall be presumed that a motor vehicle,
trailer, or semitrailer or part thereof is abandoned if:
(1) It lacks either (i) a current license plate or (ii) a valid state inspection
certificate or sticker; and
(2) It has been in a specific location for ten (10) days without being
moved.
Sec. 11-35. — Sale of personal property found in vehicle.
Any personal property found in any unattended or abandoned motor vehicle,
trailer or semitrailer may be sold incident to the sale of such vehicle.
Article IV. - Parking.
Sec. 11-36. - Stopping on highway generally.
(a) No person shall stop a vehicle in such manner as to impede or render
dangerous the use of the highway by others, except in the case of an emergency,
an accident, or mechanical breakdown. In the event of such an emergency,
accident or breakdown, the emergency flashing lights of such vehicle shall be
turned on, if the vehicle is equipped with such lights and such lights are operating,
and a report of the vehicle's location shall be made to the nearest police officer as
soon as practicable and the vehicle shall be moved from the roadway to the
shoulder as soon as possible and removed from the shoulder without unnecessary
delay. If such vehicle is not promptly removed, such removal may be ordered by a
police officer, at the expense of the owner, if the disabled vehicle creates a traffic
hazard.
(b) No vehicle shall be stopped except dose to and parallel to the right edge of
the curb or roadway, except that a vehicle may be stopped close to and parallel to
the left curb or edge of the roadway on one-way streets or may be parked at an
angle in cul-de-sacs and where angle parking is otherwise permitted.
(c) No vehicle shall be stopped at or in the vicinity of a fire, vehicle or airplane
accident or other area of emergency, in such a manner as to create a traffic
hazard or interfere with police, fire fighters, rescue workers or others whose duty
it is to deal with such emergencies. Any vehicle found unlawfully parked in the
vicinity of such fire, accident or area of emergency may be removed by order of a
police officer or, in the absence of a police officer, by order of the uniformed fire
or rescue officer in charge, at the risk and expense of the owner, if such vehicle
creates a traffic hazard or interferes with the necessary procedures of police, fire
fighters, rescue workers or others whose assigned duty it is to deal with such
emergencies. The charge for such removal shall not exceed the actual and
necessary cost. Vehicles being used by accredited information services, such as
press, radio and television, when being used for the gathering of news, shall be
exempted from the provisions of this subsection, except when actually
obstructing the police, fire fighters and rescue workers dealing with such
emergencies.
(d) The provisions of this section shall not apply to any vehicle owned or
controlled by the state department of transportation or the county, while actually
engaged in the construction, reconstruction, maintenance, or emergency road
clearance of highways. (10-1-92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-888-
46.2-891.)
Sec. 11-37. - Stopping on highway by rural mail carriers.
(a) The provisions of subsection (a) of section 11-36 shall not apply to any rural
mail carrier stopping on the highway while loading or unloading mail at a mailbox.
(b) Nothing in this section shall be construed so as to relieve any mail carrier
from civil liability for stopping on any highway, if he is negligent in so doing, and if
such negligence proximately contributes to any personal injury or property
damage resulting therefrom. (10-1-92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-892.)
Sec. 11-38. - Stopping on highway to take on or discharge cargo or passengers.
No truck or bus, except a school bus, shall be stopped wholly or partially on the
traveled portion of any highway in the county outside of a town for the purpose
of taking on or discharging cargo or passengers, unless the operator cannot leave
the traveled portion of the highway with safety. A school bus may be stopped on
the traveled portion of a highway when taking on or discharging school children,
but such stops shall be made only at points where the bus can be clearly seen for
a safe distance from both directions. (10-1-92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-893.)
Sec 11-39._ -Warning signals when vehicle disabled on highway—Flares,
torches, etc.
(a) Whenever any bus, truck, trailer, house trailer or mobile home is disabled
and stops on any roadway in this county, at any time during which lights are
required on motor vehicles, the operator of such bus, truck, trailer, house trailer
or mobile home shall place or cause to be placed on the highway three (3) red
flares or torches of a type approved by the superintendent. One of the flares or
torches shall be placed in the center of the lane of traffic occupied by the disabled
vehicle and not less than one hundred (100) feet therefrom in the direction of
traffic approaching in that lane, a second not less than one hundred (100) feet
from such vehicle in the opposite direction and a third at the traffic side of such
vehicle not closer than ten (10) feet from the front or rear thereof. If such vehicle
is disabled within five hundred (500) feet of a curve or crest of a hill or other
obstruction to view, the flares or torches in that direction shall be so placed as to
afford ample warning to other users of the highway, but in no such case less than
five hundred (500) feet from the disabled vehicle. Red reflectorized triangular
warning devices, of a type approved by the superintendent, may be used in lieu of
flares or torches.
(b) If any vehicle referred to in subsection (a) of this section is used for the
transportation of inflammable liquids in bulk, whether loaded or empty, or for
transporting inflammable gases, red flares or red electric lanterns, of a type
20
approved by the superintendent, shall be used. Such reflectors or lanterns shall be
lighted and placed upon the roadway in the manner provided in subsection (a) of
this section. (10-1-92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-111.)
Sec. 11-40. - Same—Red flags.
(a) During such time as lights on motor vehicles are not required, red flags, not
less than twelve (12) inches both in length and width, shall be used in place of the
flares, torches, reflectors or lanterns required by section 11-39. The flags shall be
placed upon the roadway in the manner prescribed in section 11-26 for flares,
torches, reflectors and lanterns, except that no flag shall be required to be placed
at the side of the vehicle. If the disablement of the vehicle continues into the
period when lights on motor vehicles are required, flares, torches, reflectors or
lanterns shall be placed as required by section 11-39.
(b) Red reflectorized triangular warning devices, of a type approved by the
superintendent, may be used in lieu of the flags required by this section. (10-1-
92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-111.)
Sec. 11-41. - Use of all four turn signals when vehicle stopped in hazardous
position.
The operator of a motor vehicle, trailer or semitrailer, when temporarily stopped
on the traveled or paved portion of the highway so as to create a traffic hazard,
shall flash all four (4) turn signals simultaneously to signal approaching motorists
of the existing hazard, whenever such vehicle is equipped with a device which will
cause the four (4) turn signals to flash simultaneously. All four (4) turn signals may
be flashed simultaneously on a vehicle stopped at the scene of a traffic hazard
when traveling as part of a funeral procession, or when traveling at a speed of
thirty (30) miles per hour or less. Except for vehicles traveling in a funeral
procession, all four turn signals shall not be flashing simultaneously while the
vehicle is traveling faster than thirty (30) miles per hour. (10-1-92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-1040.)
Sec. 11-42. - Brake to be set, motor stopped and wheels turned to curb when
leaving vehicle unattended.
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 emergency
or parking brake thereon, stopping the motor and turning the front wheels into
the curb or side of the roadway. (10-1-92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-1071.)
Sec. 11-43. - General parking prohibitions.
(a) No person shall park a vehicle, except when necessary to avoid other traffic
or in compliance with the directions of a police officer or traffic -control device, in
any of the following places:
(1) On a sidewalk;
(2) Within an intersection;
(3) In front of a public or private driveway;
(4) Within fifteen (15) feet of a fire hydrant;
(5) On a crosswalk;
21
(6) Within twenty (20) feet of a crosswalk at an intersection; provided that,
where there is no crosswalk at an intersection, no person shall park a vehicle
within twenty (20) feet from the intersection of curblines or, if none, within
fifteen (15) feet of the intersection of property lines;
(7) Within thirty (30) feet of any flashing beacon, stop sign or traffic -control
signal located at the side of a roadway;
(8) Between a safety zone and the adjacent curb or within thirty (30) feet of
points on the curb immediately opposite the ends of a safety zone, unless a
different length is indicated by official signs or markings;
(9) Within fifty (50) feet of the nearest rail of a railroad grade crossing;
(10) Within fifteen (15) feet of the driveway entrance to any fire station and, on
the side of a street opposite the entrance to any fire station, within seventy-five
(75) feet of the entrance, when properly signposted;
(11) Alongside or opposite any street excavation or obstruction, when such
parking would obstruct traffic;
(12) On the roadway side of any vehicle parked at the edge or curb of a street or
so as to leave more than (2) feet between the vehicle and the edge or curb,
measured at the nearest point of the vehicle to the curb or edge;
(13) Upon any bridge or other elevated structure upon a highway or within a
tunnel or underpass;
(14) At anyplace where official signs prohibit parking.
(b) Law-enforcement officers may move motor vehicles to any place they may
deem expedient without regard to the provisions of this section, when acting in
the performance of their lawful duties. (10-1-92.)
Sec. 11-44. - Restricted parking zones on county -owned property.
(a) The county administrator is hereby authorized and directed to designate
specific areas upon county -owned property to be known as restricted parking
zones, where vehicular traffic is such as to require restrictions upon parking of
motor vehicles, to designate the types of motor vehicles which may be permitted
to park in the restricted parking zones, to designate the time, place and manner in
which such vehicles may be parked in restricted parking zones and to make rules
and regulations as parking conditions may require in various restricted parking
zones and under the varying conditions which may prevail at different times. It
shall be the duty of the county administrator, upon the adoption of such
regulations and before the same shall become effective, to give public notice
thereof by establishing and posting signs or by other means which may be
reasonably adequate to readily inform the operators of vehicles in restricted
parking zones of the existence, nature and requirements of such regulations.
(b) It shall be unlawful for any person to park any motor vehicle of a type or in
a manner which violates the provisions of any rule or regulation restricting the
parking of motor vehicles on county -owned property adopted and promulgated in
accordance with this section. (10-1-92.)
(STATE LAW REFERENCE --Authority for above section, Code of Virginia, Sec. 46.2-
1220.)
Sec. 11-45. - Parking prohibited or restricted in specified places.
(a) Vehicle classifications. ..... For purposes of this section 11-45, the
classification of vehicles shall be as follows:
(1) Commercial vehicle:
22
(i) Any vehicle with a gross vehicle weight of ten thousand pounds or more, or
a length of twenty-one feet or more, including trailers or other attachments;
(ii) Any vehicle, regardless of size, used in the transportation of hazardous
materials as defined in Section 103 of the Federal Hazardous Materials
Transportation Act (49 C.F.R. Part 172, Subpart F);
(iii) Any heavy construction equipment, whether located on the street or on a
truck, trailer or semi -trailer;
(iv) Any solid waste collection vehicle, tractor truck or tractor truck/semi-trailer
or tractor/truck combination, dump truck, concrete mixer truck, or towing or
recovery vehicle; or
(v) Any trailer, semi -trailer or other vehicle in which food or beverages are
stored or sold.
(2) Passenger -carrying vehicle:
(i) Any vehicle designed to carry sixteen or more passengers, including the
driver; or
(ii) Any vehicle licensed by this Commonwealth for use as a common or
contract carrier or as a limousine.
(3) Recreational vehicle: ..... A self-propelled device designed or used for
transporting persons or property for or in connection with recreation, as
distinguished from mere transportation, having a gross vehicle weight of ten
thousand pounds or more, a length of twenty-one feet or more, including motor
homes and campers.
(4) Trailers or other attachments:..... A device, whether or not self-propelled,
designed or used for transporting property including such things as motorcycles,
travel trailers, campers, boats and automobiles.
(b) Designation of specific vehicle classification and areas subject to restriction:
..... No person shall park any commercial vehicle, passenger -carrying vehicle,
recreational vehicle or trailers or other attachments on any road, highway or
street within the state's secondary system of highways in any of those areas or
subdivisions in the county described below:
(1) Gatling Pointe (North and South).
In the case of subdivisions, the areas governed by this section 11-45 shall be those
areas commonly known by the names listed above and designated on the plats of
subdivision recorded in the Isle of Wight County Circuit Court Clerk's Office. Such
restrictions shall have no application to any privately owned street, or any street
owned by a property owners' association within the listed areas. In the event a
street serves as the dividing line between a designated residential subdivision and
an adjoining commercial zoning district, the parking restrictions shall apply only
on the residentially zoned side of the street.
(c) Procedure for consideration and establishment of designated areas:
(1) The determination of streets and areas to be subject to such parking
restrictions shall be based on characteristics including, but not necessarily limited
to:
(i) Location within a residential zoning classification area with special
characteristics or features that could be adversely impacted by on -street parking
of large vehicles;
(ii) Density of development, with primary focus on residential subdivisions with
a typical lot size of one acre or less;
23
(iii) Predominant lot width and street frontage characteristics, with primary
focus on subdivision settings where typical lot widths are one hundred fifty feet
or less;
(iv) Location -specific safety issues including, but not limited to, consideration of
traffic volumes, street surface width, sight distance, and use characteristics; or
(v) Documentation or determination of inappropriate parking of classified
vehicles or the potential for such parking to occur.
(d) Applicability:..... The prohibitions and restrictions set forth in this section
11-45 shall have no application when a vehicle is parked or stopped in compliance
with the order of a law enforcement officer or a traffic control device, or during a
permitted period of time in officially -designated parking areas, or in the case of a
vehicular breakdown, or in an emergency which renders it necessary. In addition,
the prohibitions and restrictions contained herein shall have no applicability to
any vehicle while such vehicle is in actual use for loading or unloading or while
actually engaged in the provision of goods or services.
(e) Penalty for violation:..... Any person who violates any provision of this
section 11-45 shall be guilty of a traffic infraction, punishable as a Class 4
misdemeanor (two hundred fifty dollars). (12-21-06; 10-18-07.)
Sec. 11-46. - Prohibition against parking of vehicle under certain conditions.
(a) It shall be unlawful for any person to park, keep or permit to be parked or
kept any motor vehicle, trailer, or semitrailer, in or on any public highway, street,
alley, public easement or other public thoroughfare in the county, or any other
area in the county subject to regulations by the county, unless:
(1) The motor vehicle shall be currently inspected and approved in accordance
with the provisions of the laws of the state;
(2) The vehicle shall be currently registered and licensed to be operated upon
the highways of this state in accordance with the provisions of the laws of this
state and a valid state license plate shall be visibly displayed; and
(3) The vehicle shall be currently licensed to be operated upon the highways of
the county in accordance with the laws of the county, and the county motor
vehicle sticker shall be visibly displayed. (10-1-92.)
Sec. 11-47. - Double parking.
Double parking is prohibited on any streets of the county containing curbs. For
the purposes of this section, parking a vehicle at such distances from the curb as
to allow space for another vehicle between it and the curb shall be deemed
double parking. (10-1-92.)
Sec. 11-48. - Parking near scene of fire.
It shall be unlawful for the driver of any vehicle to park such vehicle within five
hundred (500) feet of where fire apparatus has stopped in answer to a fire alarm.
This section shall not apply to any fire department responding to such alarm in
the performance of its lawful duties. (10-1-92.)
(STATE LAW REFERENCE—Similar provisions, Code of Virginia, Sec. 46.2-921.)
Sec. 11-49._- Parking or standing in fire lanes.
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(a) It shall be unlawful for any person to park or stand a vehicle in any fire lane
so designated and marked except as follows:
(1) Fire lanes within commercial or school properties may be used for
temporary stopping to pick up or discharge passengers or supplies; provided that,
a vehicle shall be so stopped parallel and immediately adjacent to the curb and a
licensed operator shall occupy and be in control of the vehicle while it is so
stopped.
(2) Fire lanes adjacent to commercial or business establishments which have
no alternate loading zone or rear entrance may be used for temporary parking by
vehicles engaged solely in loading or unloading supplies or merchandise to or
from the establishment, provided the licensed operator of such a vehicle is
engaged solely in the loading or unloading operation.
(3) Fire lanes within residential and industrial areas may be used for temporary
stopping to pick up or discharge passengers or supplies; provided that, a vehicle
shall be so stopped parallel and immediately adjacent to the curb and a licensed
operator shall occupy and be in control of the vehicle while it is so stopped.
The placement of a vehicle, for any purpose, within a fire lane perpendicular to
the curb or edge is prohibited.
(b) Any police officer or representative of the fire marshal's office who finds
any vehicle in violation of this section shall have the authority to remove such
vehicle at the owner's expense. This authority shall extend to any fire or rescue
officer in charge of a fire or rescue operation who finds any such violation to be
interfering with such emergency operations.
(c) The (members of the county sheriff's department) county police are
authorized to enter any fire lane for the purpose of enforcing the provisions of
this section.
(d) No provision of this section shall apply to fire, rescue or police vehicles
while they are involved in emergency operations. (10-1-92.)
Sec. 11-50. - Parking for purpose of selling vehicles, goods, wares or
merchandise.
It shall be unlawful for any person to park any motor vehicle or automotive
equipment on or along the roads, highways and streets of the county, or within
the rights-of-way of such roads, highways and streets, for the purpose of selling
or soliciting the sale of, or otherwise displaying or offering for sale, any goods,
wares or other merchandise in or from such vehicles, or for the purpose of selling
or offering such vehicle itself for sale. (10-1-92.)
(STATE LAW REFERENCE—Authority of county to prohibit parking for commercial
purposes, Code of Virginia, Sec. 46.2-1224.)
Sec. 11-51. - Parking limit for certain commercial vehicles in specified districts.
(a) No person shall park or leave unattended, for more than two (2) continuous
hours, on or alongside the roads, highways or streets of the county or state in any
residentially zoned area of the county or in any residential subdivision of three (3)
or more lots located in an agricultural zoned area, any road tractor, tractor -truck,
tractor -truck and trailer, semitrailer or any truck or motor vehicle with gross
weight in excess of ten thousand one hundred (10,100) pounds, where any such
vehicle listed above is used for rent or for hire or for other commercial purposes.
(b) This section shall not apply to any vehicle, when it is picking up or delivering
merchandise or household goods at any location, or when such vehicle is parked
25
or is left unattended in a zone set forth above in connection with the delivery of
persons or material to a work site therein. For purposes of this section, the term
"work site" shall mean any location where workmen are engaged in the
construction, repair or maintenance of any real estate or personal property. Nor
shall this section apply to any bus, either privately or publicly owned, or to motor
vehicles carriers when picking up or discharging passengers. (10-1-92.)
Sec. 11-52. - Manner of using loading zones.
Where loading and unloading zones have been set apart and regulations
governing their use posted on the highways in the county, the following
regulations shall apply with respect to the use of such areas:
(1) No person shall stop, stand or park a vehicle for any purpose or length of
time, other than for the expeditious unloading and delivery or pickup and loading
of materials, in any place marked as a curb loading zone during the hours when
the provisions applicable to such zones are in effect. All delivery vehicles, other
than regular delivery trucks, using such loading zones shall be identified by the
owner's or company's name in letters located on both sides of the vehicle.
(2) The driver of a passenger vehicle may stop temporarily in a space marked
as a curb loading zone for the purpose of, and while actually engaged in, loading
or unloading passengers or bundles, when such stopping does not interfere with
any vehicle used for the transportation of materials which is waiting to enter or is
about to enter such loading space. (10-1-92.)
Sec. 11-53. - Manner of using bus stops and taxicab stands.
Where a bus stop or taxicab stand has been set apart on any highway in the
county, the following regulations shall apply as to the use thereof: No person shall
stop, stand or park a vehicle, other than a bus, in a bus stop, or other than a
taxicab in a taxicab stand, when such stop or stand has been officially designated
and appropriately signed, except that the driver of a passenger vehicle may
temporarily stop therein for the purpose of and while actually engaged in the
expeditious loading or unloading of passengers, when such stopping does not
interfere with any bus or taxicab waiting to enter or about to enter such zone.
(10-1-92.)
Sec. 11-54. - Parking on private property generally.
No person shall stand or park a vehicle on any private lot or lot area without the
express or implied consent of the owner thereof. Whenever signs or markings
have been erected on any lot or lot area contiguous or adjacent to a highway or
alley, indicating that no vehicles are permitted to stand or park thereon, it shall be
unlawful for any person to stop, stand or park any vehicle in such lot or lot area.
(10-1-92.)
Sec. 11-55. - Parking spaces reserved for handicapped persons.
(a) All public parking areas and all privately owned parking areas open to the
public, in all subdivisions and other commercial, industrial developments in the
unincorporated areas of the county, for which building permits were issued prior
to September 1, 1975, may voluntarily provide handicapped parking spaces,
provided that such spaces, and the signage therefor, comply with the standards
and provisions of Virginia Uniform Statewide Building Code, as amended.
26
(b) With the exception of the foregoing parking areas, handicapped parking
spaces and the signage therefor shall be provided in accordance with the
standards and provisions of the Virginia Uniform Statewide Building Code, as
amended, for all public parking areas and privately owned parking areas open to
the public, in all subdivisions and other commercial, industrial and residential
developments in the unincorporated areas of the county including those
completed to date, those presently under construction, and those constructed in
the future, except for developments expressly exempt from the handicapped
parking space requirement under the Virginia Uniform Statewide Building Code,
as amended.
(c) For the purpose of this section, a space reserved for handicapped persons
shall be marked by an erected, above -grade sign indicating that the parking space
is reserved for handicapped persons. Such erected, above -grade sign shall
conform to the standards set forth in the American National Standards
Specifications, ANSI A117.1-1980, as amended, as incorporated in the Virginia
Uniform Statewide Building Code, as amended, and all such signs erected after
July 1, 1985, shall, in addition, bear a statement of the penalty for violation of this
section established in section 11-45 of this Code, in substantially the following
form: "Unlawful parking in this space is subject to a fine of from $50.00 to
$100.00."
(d) Failure to comply with the foregoing subsections shall constitute a
misdemeanor and be prosecuted as a violation of the Virginia Uniform Statewide
Building Code, as amended.
(e) It shall be unlawful for any nonhandicapped person to park any motor
vehicle in a parking space reserved for handicapped persons on any public parking
lot or at privately owned parking areas open to the public, except as provided in
subsection (f) of this section. A county police officer or any other authorized law
enforcement officer may issue a summons for any violation of this section,
without the necessity of a warrant being obtained by the owner of such privately
owned parking area.
(f) The following motor vehicles may be lawfully parked in parking spaces
reserved for the handicapped at public parking areas and privately owned parking
areas open to the public:
(1) Any motor vehicle registered to a handicapped person which is identified
by a decal or distinguishing license plate issued by the division;
(2) Any motor vehicle actually being used to transport a handicapped person
which displays the distinguishing decal issued by the division;
(3) Any motor vehicle registered in any state other than Virginia that displays
such other state's license plate, decal or other device, indicating that the vehicle is
registered to, or is being used to transport, a handicapped person.
(g) For purposes of this section, the distinguishing license plates and decals
issued by the division shall include, but not be limited to, the following:
(1) Disabled veteran (DVO-000);
(2) Handicapped person (HPO -000);
(3) Handicapped person license plates displaying the international symbol of
access;
(4) Decals issued by the division for display on the sun visor on the driver's side
of a vehicle, when the vehicle is parked in an area reserved for handicapped
parking.
27
(h) For purposes of this section, a handicapped person shall be any person
certified as being a physically handicapped person by the veterans"
administration, the social security administration or the division, or any
comparable organization or department of any other state. (10-1-92.)
Sec. 11-56. - Penalty for parking violations; uncontested paVrnent of penaltV.
(a) Any person convicted of parking a vehicle in violation of any provision of
this article, except illegal parking in a space reserved for handicapped persons,
shall be guilty of a traffic infraction punishable by a fine of not more than one
hundred dollars ($100.00) for each offense.
(b) Any person convicted of parking a vehicle in space reserved for parking for
handicapped persons in violation of section 11-43, shall be subject to a fine of not
less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00)
for each offense. It shall be no defense to a prosecution hereunder that a sign
indicating handicapped parking space fails to bear a statement of the penalty for
violation of section 11-43, as required thereby, or that such a statement fails to
conform to the requirements of that section.
(c) In the event that the defendant elects not to contest the citation issued
against him for parking a vehicle in violation of this article, he may, within five (5)
days of receipt of such citation, pay the minimum fine to the director of finance,
Isle of Wight County, or his designated agent. The director of finance or his
designated agent shall collect and account for all sums received in payment of
such uncontested citation penalties. (10-1-92.)
(STATE LAW REFERENCE—Authority for penalties for parking in front of a fire
hydrant, near street corner, fire station, etc., Code of Virginia, Sec. 46.2-1239;
requirement that ordinance provide for collection of, and accounting for,
uncontested parking citation penalties by county official, Code of Virginia, Sec.
46.2-1225.)
Sec. 11-57. - Contest of parking citations.
If the defendant elects to contest a citation issued against him for parking a
vehicle in violation of this article, he shall, within five (5) calendar days of receipt
thereof, notify the sheriff or his designated agent, in writing, of his intent to
contest such citation, whereupon the sheriff or his designated agent shall certify,
in writing on an appropriate form, to the clerk of the appropriate district court,
the defendant's intention to contest such citation. The clerk shall proceed to
docket the case as provided by law. (10-1-92.)
(STATE LAW REFERENCE—Ordinance to provide for certification, to court, of
contest of parking citation, Code of Virginia, Sec. 46.2-1225.)
Sec. 11-58. - Procedure when parking violator fails to pay uncontested penalty
or contests citation.
(a) In the event that a person receiving a citation for parking a vehicle in
violation of this article does not pay the fine due within five (5) days and does not
notify the sheriff or his designated agent of his intention to contest the citation
within the same five (5) days, both as required or permitted by other sections of
this article, the sheriff or his designated agent shall notify such person, by letter
addressed to the person's last known address, or the address shown for such
violator on the records of the division, that he may pay any fine required by law
for such violation within five (5) days of receipt of such notice, and that if he fails
W
to do so, a summons or other appropriate process may issue against him. The
notice required by this section shall be sent in an envelope bearing the words
"Law -Enforcement Notice" stamped or printed thereon in letters at least one-half
(1/2) inch in height. In the event that such person does not pay any fine required
by law within the five (5) days provided herein, the citation shall be deemed
delinquent.
(b) If a citation becomes delinquent in accordance with this section, the officer
issuing the citation shall promptly be so informed and he shall cause a summons
to be issued against the person to whom the citation was issued. In the event the
officer issuing the original citation does not or cannot cause a summons to be
issued in accordance with this section, the sheriff or his designated agent may
cause such summons to be issued. Such summons shall be in a form, and shall be
served, as provided by law, and trial thereon shall be trial of the original parking
citation.
(c) In the event that a summons is issued as provided hereby, the person
against whom such summons shall have been issued may avoid such a summons
only by paying to the clerk of the district court the minimum fine established for
the violation, and the costs required by said clerk. If the prepayment
requirements of this subsection are not complied with, the court shall proceed to
hear and determine the case in accordance with law. (10-1-92.)
(STATE LAW REFERENCE—Requirement for notice as provided for in subsection
(a), Code of Virginia, Sec. 46.2-941; ordinance to provide for issuance of summons
for delinquent parking citation, Sec. 46.2-1225.)
Sec. 11-59. - Presumption in prosecutions for parking violations.
In any prosecution for parking a vehicle in violation of any provision of this article,
proof that the vehicle described in the citation or summons was parked in
violation of such provision, together with proof that the defendant was, at the
time of such parking, the registered owner of the vehicle, as required by chapter
12 of title 46.2 of the Code of Virginia, shall constitute in evidence a rebuttable
presumption that such registered owner was the person who parked such vehicle
at the place where, and for the time during which, such violation occurred. (10-1-
92.)
Article V. - Restricted Traffic on Yellow Rock Road.
Sec. 11-60. - Authority; purpose.
Pursuant to the authority granted the county of Isle of Wight by section 46.2-1300
of the Code of Virginia, as amended, and in accordance with section 15.2-1200 of
the Code of Virginia, as amended, the county adopts the provisions of this article
for the purpose of securing and promoting the health, safety and general welfare
of its citizens. (1-20-05.)
Sec. 11-61. - Definitions.
For purposes of this article, the definitions of "truck," "trailer," and "semi -trailer"
defined in section 46.2-100 of the Code of Virginia, as may be amended from time
to time, are incorporated herein by reference. (1-20-05.)
Sec. 11-62. - "No Thru Truck" sign.
29
The county of Isle of Wight shall have the right to erect or post "No Thru Truck"
signage as has been designated or adopted by the Commonwealth transportation
board on the county -owned, private roadway known as Yellow Rock Road. No
provision of this article relating to the prohibition of disobeying such sign shall be
enforceable against an alleged violator if, at the time and place of the alleged
violation, such sign is not properly positioned or sufficiently legible to be seen by
an ordinarily observant person. (1-20-05.)
Sec. 11-63. - Prohibited activity.
No person shall drive or cause to be driven a semitrailer, trailer or truck upon
Yellow Rock Road in direct violation of the posted signage authorized under
section 11-62 of this article. (1-20-05.)
Sec. 11-64. - Enforcement.
This article shall be enforceable by the sheriff, deputy sheriffs and all police
officers with authority to enforce traffic laws within the county, all of whom are
hereby authorized and empowered to issue the summons or notice of violations
of this article. (1-20-05.)
Sec. 11-6S. - Penalty.
Any person convicted of violating this article shall be guilty of a traffic infraction
punishable by a fine of not more than one hundred dollars for each offense. (1-
20-05.)
Article VI. - Red Light Photo -Monitoring.
For state law as to authority of the Board of Supervisors to enact an ordinance to
establish a red light photo -monitoring system, see Code of Va., § 15.2-968.1.
Sec. 11-66. - Establishment.
There is hereby established a traffic signal enforcement program pursuant to and
in accordance with section 15.2-968.1 of the Code of Virginia (1950, as amended).
The program shall include the installation and operation of traffic light signal
violation monitoring systems in a number up to the maximum number permitted
by state law. No traffic light signal violation monitoring system shall be operated
for enforcement purposes at an intersection until all prerequisites for such
operation have been fulfilled. (Ord. No. 2011-19-C, 10-6-11.)
Sec. 11-67. - Implementation.
The Isle of Wight County Sheriff or his designee shall have the authority to
implement the provisions of this section, promulgate the rules and regulations
necessary to administer the traffic signal enforcement program in compliance
with all requirements of section 15.2-986.1 of the Code of Virginia (1950, as
amended) and this section and be responsible for the compliance of all aspects of
the traffic signal enforcement program with applicable state law. (Ord. No. 2011-
19-C, 10-6-11.)
Sec. 11-68. - Private contractor.
The county may enter into an agreement with a private entity for the installation
and operation of traffic light signal violation monitoring systems and related
30
services as permitted by and subject to the restrictions imposed by section 15.2-
968.1(I). (Ord. No. 2011-19-C, 10-6-11.)
Sec. 11-69. - Penalties.
(a) For failure to comply with traffic light signal...... The operator of a vehicle
shall be liable for a monetary penalty of fifty dollars if such vehicle is found, as
evidenced by information obtained from a traffic signal violation monitoring
system, to have failed to comply with a traffic signal within the county. Any
person found liable under this article may contest the summons as provided by
section 15.2-968.1 of the Code of Virginia (1950, as amended).
(b) For disclosure of personal information. ..... Any person who discloses
personal information collected by a traffic light signal violation monitoring system
in violation of the provisions of section 15.2-968.1(H) of the Code of Virginia
(1950, as amended) shall be subject to a civil penalty of one thousand dollars.
(Ord. No. 2011-19-C, 10-6-11.)
Article VII — Driving While Under Influence of Alcohol or Other Intoxicant or
Drug
Sec. 11-70. — Reimbursement of expenses incurred in responding—to-DUI
incident and other traffic incidents.
(a) Any person convicted of violating any of the following provisions shall be
liable in a separate civil action for reasonable expenses incurred by the County,
including by the Sheriff's office, or by any county volunteer fire or rescue squad,
or by any combination of the foregoing, when providing appropriate emergency
response to any accident or incident related to such violation:
(1) The provisions of VA Code Secs. 18.2-51.4, 18.2-266 or 29.1-738
when such operation of a motor vehicle, engine, train or watercraft while so
impaired is the proximate cause of the accident or incident;
(2) The provisions of Article 7 (Sec. 46.2-852 et seq.) of Chapter 8 of Title
46.2 relating to reckless driving, when such reckless driving is the proximate cause
of the accident or incident;
(3) The provisions of Article 1 (Sec. 46.1-300 et seq.) of Chapter 3 of Title
46.2 relating to driving without a license or driving with a suspended or revoked
license; and
(4) The provisions of VA Code Sec. 46.2-894 relating to improperly
leaving the scene of an accident.
(b) Personal liability under this section for reasonable expenses of an
appropriate emergency response shall not exceed one thousand dollars
($1,000.00) in the aggregate for a particular accident or incident occurring in the
County. In determining the "reasonable expenses," the County may bill a flat fee
of two hundred fifty dollars ($250.00) or a minute -by -minute accounting of the
actual costs incurred. As used in this Section, "appropriate emergency response"
includes all costs of providing law-enforcement, • firefighting, rescue, and
emergency medical services. The provisions of this section shall not preempt or
limit any remedy available to the County, or to any volunteer rescue squad to
recover the reasonable expenses of an emergency response to an accident or
incident not involving impaired driving, operation of a vehicle or other conduct as
set forth herein.
31
COUNTY ADMINISTRATOR'S REPORT
Wendy Hu, Director of Budget & Finance, provided an overview of the County's
FY2017 unaudited Financial Report.
County Administrator Keaton provided an update on the County's recent General
Obligation Bond Refunding opportunity which realized a $3.1 million savings on
the life of the loan and captured $543,000 this fiscal year. He advised that the
County's AA rating was affirmed with one rating upgraded from stable to positive.
Donald T. Robertson, Assistant County Administrator, addressed the Board
regarding items for inclusion in the Board's legislative agenda.
Supervisor Grice suggested recommendations of state legislators be sought for
inclusion in the proposed agenda.
Chairman Alphin recommended funding for HRTAC be added as an item.
The Board was requested to forward to staff any suggested topics for inclusion in
the proposed agenda.
County Administrator Keaton briefed the Board relative to matters for the Board's
information.
The following Board comments were received:
Supervisor McCarty noted the absence of volunteer reported hours by the
Rushmere Volunteer Fire Department, Windsor Volunteer Fire Department,
Windsor Volunteer Rescue Squad and the Smithfield Volunteer Fire Department
for the second quarter.
Supervisor Acree commented on the need for a Recreational Therapist within
Parks & Recreation for individuals with special needs.
Supervisor Grice requested the addition of a column on the Treasurer's
Accountability report reflecting balances for like months and previous years as a
point of comparison.
UNFINISHED OLD BUSINESS
A Resolution to Authorize the Enactment of an Emergency Services Billing
Procedure to the IOWC Policy Manual in Compliance with the Safe Harbor
Provisions of Section 1128(D)(2) of the Social Securities Act was presented by
County Attorney Popovich to effectuate.
On motion of Supervisor Acree, all those voting in favor (5-0), the following
resolution was adopted:
3
RESOLUTION TO AUTHORIZE THE ENACTMENT OF A EMERGENCY SERVICES
BILLING PROCEDURE TO THE ISLE OF WIGHT COUNTY POLICY MANUAL IN
COMPLIANCE WITH THE SAFE HARBOR PROVISIONS OF SECTION 1128(D)(2) OF
THE SOCIAL SECURITY ACT
WHEREAS, 42 CFR Parts 1001 and 1003 Department of Health and Human
Services, as amended, provides localities the opportunity to waive cost-sharing
for emergency ambulance services for bona fide residents, as opposed to non-
residents, under the safe harbor provisions of the Social Security Act Section
1128D(a)(2); and,
WHEREAS, the Isle of Wight County Board of Supervisors has reviewed the
options available to it and has determined that billing for emergency ambulance
services for residents and non-residents should be considered differently and
therefore deems it appropriate to take advantage of the safe harbor provisions;
and,
WHEREAS, the Isle of Wight County Board of Supervisors now deems it
appropriate and proper for the County Administrator to have the authority
necessary to enact an appropriate policy, as review and approved by the County
Attorney, to implement such billing practices.
NOW THEREFORE BE IT RESOLVED that Isle of Wight County Board of
Supervisors hereby authorizes the County Administrator, upon review and
approval of the County Attorney, to establish an appropriate policy, to be
included in the Isle of Wight County Policy Manual as he or she may deem
appropriate, to implement billing practices for residents and non-residents in
accordance with the safe harbor provisions of Section 1128(D)(2) of the Social
Security Act which shall be reviewed on an annual basis to ensure continued
compliance therewith.
NEW BUSINESS
Application of Woods Lane, LLC and Eagle Harbor LLC, Owners, for Amendment to
an Approved Site Plan for the Inclusion of a Master Signage Plan on Property
Located at the Corner of Carrollton Boulevard (Route 17) and Smith's Neck Road.
Richard Rudnicki, Assistant Director of Planning & Zoning, provided background
on the application.
Beverly H. Walkup, representing Woods Lane, LLC and Eagle Harbor LLC, advised
that customers coming from a northbound direction are required to either make a
u -tura at the traffic light or a left turn and the applicant is therefore requesting to
place a sign at the corner of Northgate Drive. She stated regarding staff's noted
weaknesses, if this were treated like a shopping center, the commercial frontage
would be entitled to a 50 -square foot sign at Smith's Neck Road, a sign at
Northgate and a sign at Carrollton Boulevard; however, this request is only for
one additional 50 -square foot sign as would be allowed by ordinance for a
shopping center. She addressed staff's second weakness regarding visibility
traveling northbound and stated the situation is not self inflicted but due to
*11
significant easement impacts and VDOT's distance requirements restricting a
direct access off Smith's Neck Road. She stated this request is necessary to
provide a safe, easily identifiable access to the RiteAid.
Supervisor McCarty commented that this is a proactive move on the part of the
applicant and he would be in favor of approving the application.
Supervisor Grice commented that the sign is located too far off the roadway.
Ms. Walkup advised that the applicant is willing to sign a waiver that if the sign is
allowed within the utility easement, the applicant would be responsible for
replacing the sign.
County Administrator Keaton advised that the County's easement is located on
the far western edge of the easement and if the sign was placed in the County
utility easement, it would only provide a few more feet and has the potential for
the sign to be destroyed if work must be done in the easement.
Ms. Walkup advised that the County's utility easement would bring the sign 25
feet closer.
Supervisor McCarty spoke in favor of language stipulating that if there were any
type of emergency, the sign would be replaced at the applicant's cost.
Mr. Jennings commented in doing so would set a bad presedent.
Mr. Rudnicki commented that the sign could be placed to the edge of the utility
lines, but that doing so would only provide an extra ten (10) feet closer to the
roadway.
Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the
application was approved with the condition of "Limit number of monument signs
on "Outparcel: May Be Subdivided" as shown on exhibit to one (1) per future
parcel, including the directory sign (2 total) shown in the application."
A request from the Town of Windsor in the form of a Memorandum of
Understanding for the Shiloh Drive Sidewalk project was presented for the
Board's consideration by County Administrator Keaton.
On motion of Supervisor Acree, all those voting in favor (5-0), the MOU was
adopted.
The Board's feedback was requested on topics of discussion at the Board's retreat
scheduled for October 111h and 12'h by County Administrator Keaton.
Superintendent Thornton presented the School's funding request to address
overcrowded classrooms at Smithfield High School due to increased enrollment.
On motion of Chairman Alphin, with all those voting in favor (5-0), the transfer of
$68,688 was authorized from Administration to Instruction to fund one position.
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On motion of Supervisor McCarty, all those voting in favor (5-0), an appropriation
to the schools of some of the FY2017 cash reversion fund not to exceed $206,040
was authorized with direction to staff to work with the schools on the funds as
they are needed followed by a report back to the Board.
County Administrator Keaton brought up the issue of the upcoming Board
Retreat. On motion of Supervisor McCarty, all those voting in favor (5-0), the
Clerk of the Board was directed to advertise a public meeting at the ODU Tri Cities
Center on October 111h and 12th, 2017 from 9:00 a.m. until 4:00 p.m.
Supervisor Acree commented on a water issue at the Woodbridge Subdivision and
requested that staff provide a future briefing to the Board regarding the County's
maintenance plan for its water systems to include any budgetary implications.
Staff was commended by the Board for its efforts relative to the 2017 County Fair.
Responsive to Supervisor McCarty's request for a status of revisions to the sign
Ordinance, County Attorney Popovich advised that the matter is set for public
hearing at the Board's October 19, 2017 meeting.
Responsive to Supervisor McCarty relative to options available for citizens unable
to afford tap fees, the Board was apprised by Mr. Jennings that there is currently
an option for citizens to pay a portion down with the balance over a two-year
period and staff was directed to formulate a better means of communication to
the public.
On motion of Supervisor McCarty, all those voting in favor (5-0), the Board's work
session of October 5, 2017 was cancelled and rescheduled for October 19, 2017 at
3:00 p.m.
ADJOURNMENT
At 9:45 p.m., Chairman Alphin declared the meeting adjourned.
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Rex W. Alphin, Chairman