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2009 SESSION
093529404Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1224 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1224. County ordinances prohibiting certain parking in streets and highways.
A. The governing body of any county may, by ordinance, prohibit any person from parking any motor vehicle, trailer, or semitrailer on or adjacent to the highways in the county when such person parks any such motor vehicle, trailer, or semitrailer for commercial purposes. The provisions of any such ordinance shall not apply to motor vehicle carriers when picking up or discharging passengers.
B. The governing bodies of (i) counties
with populations greater than 500,000 Fairfax and
Prince William Counties and of the
towns located therein and
(ii) counties with populations of at least 210,000 but less than 217,000
of
Clifton, Herndon, and Vienna may, by ordinance, prohibit any
person from parking any commercial vehicle, as defined in this section, on the
highways within their respective jurisdiction in areas zoned for residential
use. For the purposes of this section, the term "commercial vehicle"
may include: (i) any solid waste collection
vehicle, tractor registered as a truck or
tractor truck/semitrailer or tractor truck/trailer combination, dump truck,
concrete mixer truck, tow truck with a registered gross weight of 12,000 pounds or more, and any heavy construction equipment, whether
located on the highway or on a truck, trailer, or semitrailer; (ii) any
trailer, semitrailer, or other vehicle in which food or beverages are stored or
sold; (iii) any trailer or semitrailer used for transporting landscaping or
lawn-care equipment whether or not such trailer or semitrailer is attached to
another vehicle; and (iv) any vehicle licensed by the Commonwealth for use as a
common or contract carrier or as a limousine. Such ordinance shall permit,
however, one resident of each single-family dwelling unit zoned for residential
use to park one vehicle licensed as a taxicab or limousine on such highways,
provided other vehicles are permitted to park thereon. The provisions of any
such ordinance shall not apply to a commercial vehicle when picking up or
discharging passengers or when temporarily parked pursuant to the performance
of work or service at a particular location.
C. The governing bodies of counties
with populations greater than 500,000 and the governing bodies of towns within
such counties' boundaries Fairfax County and
the Towns of Clifton,
Herndon, and Vienna may by ordinance prohibit any person from
parking any of the following vehicles on the highways within their respective
jurisdictions in areas zoned for commercial or industrial use if such highways do
not comply with the current geometric design standards of the Virginia
Department of Transportation Road Design Manual or Subdivision Street
Requirements that would apply had the highways been constructed at the time of
adoption of such ordinance: (i) any solid waste collection vehicle, tractor
truck, or tractor truck/semitrailer or tractor truck/trailer combination, dump
truck, concrete mixer truck, tow truck with a registered gross weight of 12,000
pounds or more, and any heavy construction equipment, whether located on the
highway or on a truck, trailer, or semitrailer; (ii) any trailer, semitrailer,
or other vehicle in which food or beverages are stored or sold; or (iii) any
trailer or semitrailer used for transporting landscaping or lawn care equipment
whether or not such trailer or semitrailer is attached to another vehicle. The
provisions of any such ordinance shall not apply to any commercial vehicle when
picking up or discharging passengers or when temporarily parked pursuant to the
delivery of goods or the performance of work or service at a particular
location.
Any violation of the provisions of any such ordinance shall be a traffic infraction.