Town of Elkton
Town Code
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CHAPTER 158
VEHICLES AND
TRAFFIC
ARTICLE I
General Provisions
ﾧ 158-1. Adoption of state law.
ﾧ 158-2. Definitions.
ﾧ 158-3. Powers and duties of Chief of Police relative to traffic and parking.
ﾧ 158-4. Powers and duties of Chief of Police relative to stop intersections and yield intersections.
ﾧ 158-5. Compliance with signs.
ﾧ 158-6. Traffic violation notices.
ﾧ 158-7. Permits for parades and processions.
ﾧ 158-8. Stopping vehicles for inspection or to secure information.
ﾧ 158-9. Valid state license plate required.
ﾧ 158-10. Valid inspection sticker required.
ﾧ 158-11. Violations and penalties.
ARTICLE II
Traffic Control
ﾧ 158-12. Authority of police to act as traffic officer.
ﾧ 158-13. Signs prerequisite to enforcement.
ﾧ 158-14. Authority of members of Fire Company to direct traffic.
ARTICLE III
Stopping, Standing and Parking
ﾧ 158-15. Parking prohibited in specified places.
ﾧ 158-16. Moving vehicle into prohibited area.
ﾧ 158-17. Vehicles parked beyond fifteen days prohibited.
ﾧ 158-18. Vehicles parked for more than thirty days.
ﾧ 158-19. Removal and disposition of vehicle left on private property.
ﾧ 158-20. Backing up to curbs.
ﾧ 158-21. Unauthorized parking in taxicab stands.
ﾧ 158-22. Blocking driveways prohibited.
ﾧ 158-23. Lights on parked vehicles.
ARTICLE IV
Other Regulations
ﾧ 158-24. Streets with load limit of 30,000 pounds enumerated.
ﾧ 158-25. Playing on streets; bicycles, roller skates, skateboards and devices on wheels.
ARTICLE V
Cruising
ﾧ 158-26. Cruising on Town streets and alleys.
ﾧ 158-27. Cruising on certain private property.
ARTICLE VI
Safety Equipment
ARTICLE I
General Provisions
§ 158-1. Adoption of state law. [Amended 6-27-1995; 9-17-2001]
Pursuant to the authority of §46.2-1313 of the Code of Virginia, as amended, all of the provisions and requirements of the laws of the state contained in Title 46.2 and Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, as amended from time to time, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the town, are hereby adopted and incorporated in this chapter by reference and made applicable within the town. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to streets, highways and other public ways within the town. Such provisions and requirements are hereby adopted, mutatis mutandis, 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 town, to violate or fail, neglect or refuse to comply with any provision of Title 46.2 or of Article 2 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 under Title 46.2 or under Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, as amended. To the extent that any provisions of this chapter of the Elkton Town Code may be inconsistent with the provisions and requirements of Title 46.2 or of Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia hereby adopted, the provisions of this chapter are superseded. It is intended that this ordinance includes all future amendments to the state statues referenced herein and becomes effective upon the effective date of such statutes as state law.
§ 158-2. Definitions. [Amended 6-27-1995; 9-17-2001]
Words and terms used and contained in this chapter shall be as denned in the Code of Virginia, § 46.2-100.
§ 158-3. Powers and duties of Chief of Police relative to traffic and parking.
- A. The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, shall have power and is hereby authorized to regulate the operation and parking of vehicles within the corporate limits of the Town by the erection or placing of proper signs or markers indicating prohibited or limited parking, angle parking, the parking of buses, trucks and other vehicles of various weights, U-turns, turning at intersections, hazardous intersections, school zones, hospital zones, loading and unloading zones, quiet zones, traffic-control signals exhibiting colored lights or the words "go", "caution" or "stop" and other signs or markers indicating the place and manner of operating or parking vehicles in the town.
- B. The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, shall also have power and is herby authorized to regulate the movement of pedestrians upon the streets and sidewalks of the town by the erection or placing of proper signs or markers indicating the flow of pedestrian traffic.
- C. The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, shall also have power and is hereby authorized to designate bus stops and to erect signs prohibiting the parking of vehicles other than buses at such stops.
- D. The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed, from time to time, by the Council, is further empowered and authorized to mark off traffic lanes on streets and parts of streets indicating and directing the flow of traffic.
- E. The Chief of Police shall further have power and is hereby authorized to secure all such necessary signs, signals or markers to be erected or placed on any street or part of a street.
- F. The existence of such signs, signals or markers at any place within the corporate limits of the town shall be prima facie evidence that such signs, signals or markers were erected or placed by and at the direction of the Chief of Police in accordance with the provisions of this section.
- § 158-4. Powers and duties of Chief of Police relative to stop intersections and yield intersections.
- A. The Chief of Police, except as otherwise provided by this chapter and except as otherwise directed from time to time by the Council, may designate intersections, other than intersections at which one or more of the intersecting streets has been designated as a part of the state highway system, at which vehicles shall come to a full stop or yield the right-of-way.
- B. The Chief of Police shall further have power and is hereby authorized to secure all such necessary signs, signals or markers to be erected or placed on or at any such intersection, so that an ordinarily observant person, who may be affected by such regulation, may be aware of such regulation.
- C. The existence of such signs, signals or markers at any place within the corporate limits of the town shall be prima facie evidence that such signs, signals or markers were erected or placed by and at the direction of the Chief of Police in accordance with the provisions of this section.
It shall be unlawful for any person to fail or refuse to comply with the directions indicated on any sign, signal or marker erected or placed in accordance with the provisions of § 158-3 or 158-4 when such sign, signal or marker so placed or erected is visible and legible.
§ 158-6. Traffic violation notices.
- A. Traffic violation notices shall be issued to violators of parking regulations and all other nonmoving regulations, with the exception of persons charged with parking too close to or in front of fire hydrants and fire stations and with the further exception of persons charged with parking meter violations, unless circumstances warrant other action, in which event the usual procedure of summons or arrest shall apply.
- B. Traffic violation notices may be settled by a payment within a period of five days after issuance of a minimum penalty of $3, which payment shall be in complete satisfaction of the offense. Payment shall be made to such person at the town office as from time to time shall be designated by the Chief of Police to receive such payment. Failure to settle a traffic violation notice as above provided shall be unlawful.
- C. The Chief of Police shall set up and establish a full and complete procedure for handling traffic violation notices.
- D. All amounts paid in under this section shall be credited to and become a part of the general fund of the town.
No funeral procession or parade, excepting the Armed Forces of the United States, the military forces of the state and the forces of the Police and Fire departments of the town, shall occupy or march or proceed along any street, except in accordance with a permit issued by the Chief of Police.
§ 158-8. Stopping vehicles for inspection or to secure information.
Any police officer who shall be in uniform or who shall exhibit his or her badge or other sign of authority shall have the right to stop any motor vehicle, trailer or semitrailer, upon request or signal, for the purpose of inspecting the motor vehicle, trailer or semitrailer as to its equipment and operation, its manufacturer's serial or engine number or its contents and load, if such motor vehicle, trailer or semitrailer is a property-carrying vehicle or for the purpose of securing such other information as may be necessary.
§ 158-9. Valid state license plate required.
It is unlawful for any person to drive, stop or park, or for the owner to cause or knowingly permit to be driven, stopped or parked, on any street within the town any vehicle having no valid state license as required by the laws of the state.
§ 158-10. Valid inspection sticker required.
It is unlawful for any person to drive, stop or park, or for the owner to cause or knowingly permit to be driven, stopped or parked, on any highway or street within the town any vehicle which is required under the laws of the state to be inspected, unless such vehicle has been inspected and has attached thereto, in proper position, a valid and unexpired certificate of inspection as required by the laws of the state.
§ 158-11. Violations and penalties.
- 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 regulation promulgated pursuant thereto.
- B. Every person convicted of a violation of any of the provisions of this chapter or rule or regulation promulgated pursuant thereto, for which no other penalty is provided, shall,
- (1) For a first conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in jail for not less than one nor more than 10 days, or by both such fine and imprisonment.
- (2) For a second such conviction within one year such person shall be punished by a fine of not less than $20 nor more than $200 or by imprisonment in jail for not less than one nor more than 20 days, or by both such fine and imprisonment.
- (3) For a third or subsequent conviction within one year such person shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment in jail for not less than 10 days nor more than six months, or by both such fine and imprisonment.
- ARTICLE II
Traffic Control
§ 158-12. Authority of police to act as traffic officer.
Every police officer of this town is authorized to act as a traffic officer in the direction of traffic on any highway where traffic is heavy or continuous, and the direction by such traffic officers shall take precedence over any lights or semaphores.
§ 158-13. Signs prerequisite to enforcement.
No provision of this chapter or regulation of the Chief of Police for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
§ 158-14. Authority of members of Fire Company to direct traffic.
Officers and members of the Fire Company may direct or assist the police in directing traffic at or in the immediate vicinity of a fire, and while so acting, shall have all the authority of peace officers.
ARTICLE III
Stopping, Standing and Parking
§ 158-15. Parking prohibited in specified places.
No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:
- A. On a sidewalk.
- B. In front of a public or private driveway.
- C. Within an intersection.
- D. Within 15 feet of a fire hydrant.
- E. On a crosswalk.
- F. Within 20 feet of a crosswalk at an intersection; provided, however, that where there is no crosswalk at an intersection, no person shall so park a vehicle within 20 feet from the intersection of curblines or, if none, then within 15 feet of the intersection of property lines.
- G. Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway.
- H. Between a safety zone and the adjacent curb or within 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.
- I. Within 50 feet of the nearest rail of a railroad grade crossing.
- J. Within 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 75 feet of the entrance when properly signposted.
- K. Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic.
- L. On the roadway side of any vehicle parked at the edge or curb of a street.
- M. Upon any bridge or other elevated structure upon a street or within a runnel.
- N. At any place where official signs prohibit parking.
No person other than a police officer shall move a vehicle into any such prohibited area or away from a curb such distance as is unlawful, or start or cause to be started the motor of any motor vehicle, or shift, change or move the levers, brake, starting device, gears or other mechanism of a parked motor vehicle to a position other than that in which it was left by the owner or driver thereof, or attempt to do so.
§ 158-17. Vehicles parked beyond fifteen days prohibited.
It shall be unlawful for the owner of any motor vehicle to allow such vehicle to remain continuously parked upon any street of the town or in any municipal parking lot for a period of more than 15 days.
§ 158-18. Vehicles parked for more than thirty days.
- A. If any motor vehicle shall remain parked or left upon any street of the town or in any municipal parking lot for 30 days or more, then it shall be the duty of the Mayor to advertise such vehicle as an abandoned car in a newspaper published in the county twice a week for two successive weeks.
- B. If such vehicle be then claimed, the claimant shall establish his or her ownership before the court having jurisdiction and pay the cost of such advertisement, a storage charge of $1 per day and the costs of the proceeding. Upon the establishment of the claim and the payment of the charges and costs, the vehicle shall be delivered to the claimant. If no person claims such vehicle, that fact shall be reported by the Mayor to the court having jurisdiction who thereupon shall enter an order declaring the vehicle to be abandoned property and awarding it to the town as such. The vehicle shall be then appropriated to the uses of the town by the Mayor.
- A. It shall be unlawful for any person to leave any motor vehicle, trailer, semitrailer, or part thereof on the private property of any other person without consent. Upon complaint of the owner of the property on which such motor vehicle, trailer, semitrailer, or part thereof, has been abandoned for more than five days, such motor vehicle, trailer, semitrailer, or part thereof, may be removed by or under the direction of a police officer to a storage garage or area. The person at whose request such motor vehicle, trailer, semitrailer, or part thereof, is so removed shall indemnify the town against any loss or expense incurred by reason of removal, storage or sale thereof.
- B. In the case of the removal of a motor vehicle, trailer, semitrailer or part thereof from private property, when the same cannot be readily sold, such motor vehicle, trailer, semitrailer, or part thereof may be disposed of in such manner as the Town Council may provide.
- C. In all other respects, the provisions of § 46.2-1212 of the Code of Virginia shall apply to such removals, provided that disposal of a motor vehicle, trailer or semitrailer may at the option of the Town Council be carried out under the provisions of § 46.2-1212 of the Code of Virginia or under the provisions hereof after a diligent search for the owner, after notice at his or her last known address and to the holder of any lien of record in the office of the Division of Motor Vehicles against such motor vehicle, trailer or semitrailer, and after the motor vehicle, trailer or semitrailer has been held at least 60 days.
No vehicle shall be backed up to a curb, except during the time actually engaged in loading or unloading merchandise therefrom.
§ 158-21. Unauthorized parking in taxicab stands.
It shall be unlawful for any person to park any vehicle other than a taxicab in a properly designated taxicab stand.
§ 158-22. Blocking driveways prohibited.
It shall be unlawful for any person to park any vehicle so as to block any driveway of any filling station or other like establishment.
§ 158-23. Lights on parked vehicles.
No lights need be displayed upon any vehicle when parked in the town in accordance with this chapter.
ARTICLE IV Other Regulations
§ 158-24. Streets with load limit of 30,000 pounds enumerated.
- A. There shall be a gross load limit of 30,000 pounds on any vehicle or combination of vehicles operating on any of the following streets:
- (1) Fifth Street, from its intersection with Route 33 to 1B intersection with Spring Avenue.
- (2) Spring Avenue, from 1B intersection with Fifth Street to 1B intersection with Seventh Street.
- (3) Washington Avenue, from its intersection with Fifth Street to 1B intersection with Route 340.
- B. The penalty for violating the foregoing provisions of this section shall, for the first offense, be a fine of not less than $10 nor more than $250 and for a second or subsequent offense a fine of not less than $100 nor more than $500.
- A. No person shall play on a street within the town. No person shall use on a street or upon the sidewalks thereof roller skates, skateboards, toys or other devices on wheels or runners, except the use of bicycles and motorcycles on the streets of the town, but not on the sidewalks, shall be permitted. The Chief of Police may designate areas on streets where play is prohibited in which persons may be permitted to use roller skates, skateboards, toys or other devices on wheels or runners, and, if such highways or streets have two traffic lanes, such persons shall keep as near as reasonably possible to the extreme left side or edge of the left-hand lane so that they will be facing oncoming traffic at all times.
- B. No person riding upon any bicycle, roller skates, skateboards, toys or other devices on wheels or runners shall attach the same or himself or herself to any vehicle upon a roadway.
- ARTICLE V
Cruising [Added 12-21-1998]
§ 158-26. Cruising on Town streets and alleys.
No person shall drive or permit a motor vehicle under his or her care, custody, or control to be driven on a street or alley within the Town past a traffic control point three or more times within a two-hour period, in or around a posted no-cruising area so as to contribute to traffic congestion; obstruction of streets, sidewalks, parking lots, or public vehicular areas; impediment of access to shopping centers or other buildings open to the public; or interference with the use of property or conduct of business in the area adjacent thereto. At every point where a public street or alley becomes a no-cruising area, there shall be posted a sign which designates a "No-Cruising" area. "Traffic control point," as used in this section, means any point or points within the no-cruising area established by the Chief of Police for the purpose of monitoring cruising. No area shall be designated or posted as a no-cruising area except upon the passage of a resolution by the Town Council specifically requiring such designation and posting for a particular area. This section shall not apply to in-service emergency vehicles, taxicabs for hire, buses, and other vehicles being used for business purposes. Any person violating this section shall, upon conviction, be subject to a fine of $50. Any person convicted of a second or subsequent violation of this section may be punished by a fine of not less than $75 nor more than $100 for each succeeding violation.
§ 158-27. Cruising on certain private property.
No person shall drive or permit a motor vehicle under his or her care, custody, or control to be driven in a specific center or commercial area past a traffic control point three or more times within a two-hour period from 6:00 p.m. to 4:00 a.m. Monday through Sunday, in or around a posted no-cruising area so as to contribute to traffic congestion; obstruction of streets, sidewalks, parking lots, or public vehicular areas; impediment of access to shopping centers or other buildings open to the public; or interference with the use of property or conduct of business in the area adjacent thereto. At every point where a public street or alley becomes or provides ingress to a no-cruising area, there shall be posted a sign which designates "No-Cruising" areas and times. "Specific center or commercial area," as used in this section, means certain privately owned public parking areas and driveways which are designated as no-cruising areas upon application in writing by the owner or person in general charge of the operation of such area to the Chief of Police. No area shall be designated or posted as a no-cruising area except upon the passage of a resolution by the Town Council specifically requiring such designation and posting for a particular area This section shall not apply to in-service emergency vehicles, taxicabs for hire, buses, and other vehicles being used for business purposes. Any person violating this section with respect to a specific center or commercial area shall, upon conviction, be subject to a fine of $25. Any person convicted of a second or subsequent violation of this section may be punished by a fine of not less than $50 nor more than $100 for each succeeding violation.
ARTICLE VI
SAFETY EQUIPMENT
Every person operating a moped, as defined in Virginia State Code §46.2-100, on a public street shall wear a face shield, safety glasses, or goggles of a type approved by the Superintendent of Transportation or have his moped equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets of a type approved by the Superintendent of Transportation. A violation of any such ordinance shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a moped or motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action. Any person who knowingly violates this ordinance shall be guilty of a traffic infraction and be subject to a fine of $50.00 dollars.
Every person 14 years of age or younger shall wear a protective helmet that at least meets the Consumer Product Safety Commission standard whenever riding or being carried on a bicycle, an electric personal assistive mobility device, or an electric power-assisted bicycle on any highway, sidewalk, or public bicycle path. A violation of any such ordinance shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, electric personal assistive mobility device, or electric power-assisted bicycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action. Violation of this ordinance shall be punishable by a fine of $25.00. However, such fine shall be suspended (i) for first-time violators and (ii) for violators who, subsequent to the violation but prior to imposition of the fine, purchase helmets of the type required.
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