112 West Main Street
P.O. Box 111
Orange, Virginia 22960
1-540-672-3313

CHAPTER 62 – TRAFFIC AND VEHICLES

Sec. 62-76. – General prohibitions.

(a) It shall be unlawful for any person to park a motor vehicle:

(1) On a sidewalk;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within 15 feet of a fire hydrant or fire department connection or in any manner so as to obstruct a fire hydrant or fire department connection;

(5) On a crosswalk;

(6) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic;

(7) On the roadway side of any vehicle parked at the edge or curb of a street; or

(8) At any place where official signs prohibit parking.

(b) This section shall apply to the parking of motor vehicles in or along highways, streets and roads and also on parking lots and travel lanes open to the public, 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.

(Ord. of 10-11-2005)

Sec. 62-77. – Prohibited within travel and fire lanes of certain parking lots.

No person shall stand or park a motor vehicle within any fire lane established and designated in a parking lot or travel lane open to the public.

(Ord. of 10-11-2005)

Sec. 62-78. – Unauthorized parking in space reserved for handicapped.

(a) It shall be unlawful for any operator of a motor vehicle to park in a parking space identified by an above-grade sign as reserved for the handicapped, except:

(1) A person possessing a special handicapped vehicle parking permit issued by the commissioner of motor vehicles pursuant to Code of Virginia, § 46.2-1238, or a person transporting by passenger car, van or pickup truck the holder of any such permit, which permit shall be displayed in the window of the vehicle transporting the holder of the permit in order to permit the vehicle to park lawfully in a parking space reserved for the handicapped;

(2) A handicapped person driving a motor vehicle displaying state license plates designated for handicapped persons or state decal issued to handicapped persons and issued pursuant to Code of Virginia, § 46.2-731, or a person transporting a handicapped person in a motor vehicle displaying such license plates or decals; or

(3) A disabled veteran driving a motor vehicle displaying special license plates issued pursuant to Code of Virginia, § 46.2-739(B), or a person transporting a disabled veteran in a motor vehicle displaying such special license plates.

(b) Any law enforcement officer may issue a summons or parking ticket charging a person parking in violation of subsection (a) of this section, or if such person is not known, then the registered owner of the motor vehicle parked in violation of subsection (a).

(c) Violation of the provisions of subsection (a) of this section shall be a traffic infraction punishable by a fine of not less than $100.00 or more than $500.00.

(d) The owner or duly authorized agent of a private parking space, or an agent of a public authority having control of a public space, which space is properly designated and marked for handicapped parking, shall have authority to have any vehicle not displaying handicapped parking permits or plates as described in subsection (a) removed and stored. Possession may be regained by payment to the person who removed the vehicle of all reasonable costs for the removal and storage. The vehicle owner may contest the removal in the manner provided by Code of Virginia, § 46.2-1238.

(Ord. of 10-11-2005)

Sec. 62-79. – Issuance of parking citations.

These regulations shall be enforced by the sheriff’s office, which may issue a parking citation for any violation of this article.

(Ord. of 10-11-2005)

Sec. 62-80. – Penalty for violations of article; contest of parking citations.

(a) The violation of any provision of this article, unless otherwise set forth, shall be a traffic infraction punishable by a fine as follows:

(1) If the fine is paid to the treasurer prior to the issuance of the notice set forth in section 62-81 the fine shall be $10.00, except the fine for the violation of subsection 62-76(a)(4), and a violation of section 62-77, shall be $50.00, and for the first offense of violating section 62-78 the fine shall be $100.00.

(2) If the fine is paid after the issuance of the citation by the local administrative official, but prior to the issuance of a court summons, the fine shall be the amount set forth above in subsection (a)(1), plus $3.00. The local administrative officer for purposes of this article is the Orange County Sheriff or his designee.

(3) If a court summons is issued, but the summons is not contested, in addition to the fines set forth in subsection (a)(1), the fines shall be increased by $24.00, plus court costs.

(4) If a court summons is issued and the summons is contested, upon conviction the fine shall be an amount not to exceed $100.00, plus court costs, except for the first violation of section 62-78, for which the fine shall be an amount not less than $100.00, and not more than $500.00, plus court costs.

(b) The uncontested payment of parking citation penalties shall be collected and accounted for by the treasurer.

(c) Any person, who desires to contest any parking citation, shall so certify in writing to the general district court, with a copy to the sheriff’s office.

(Ord. of 10-11-2005; Ord. of 2-10-2009)

Sec. 62-81. – Procedure in case of delinquent parking citation.

(a) Where any parking citation remains unpaid for more than five days after its issuance, the local administrative official shall, on a form to be provided by the county, notify the violator by certified mail at his last known address or at the address shown for such violator on the records of the state department of motor vehicles, that the violator may pay the fine provided by law for such violation within seven days of the mailing of such notice and if such fine is not paid within the time so prescribed, that the officer issuing the summons shall be notified that the violator has failed to pay such fine within the time so prescribed, and a summons will be issued by the general district court. Such notice shall be contained in an envelope bearing the words “Law Enforcement Notice” stamped or printed on the face thereof in type at least one-half inch in height.

(b) After notice has been mailed as required by subsection (a) of this section, and payment has not been received by the local administrative official within the time prescribed, the local administrative official shall certify by affidavit to the clerk of the general district court, that she mailed the required notice to the violator and that the fine remains unpaid.

(c) The local administrative official shall cause complaints, summons or warrants to be issued for delinquent parking citations in accordance with the sections 62-79 and 62-81

(Ord. of 10-11-2005)

Sec. 62-82. – Presumption in prosecutions for parking violations.

In any prosecution charging a violation of any parking provision contained in this article, proof that the vehicle described in the complaint, summons or warrant was parked in violation of such regulation, together with proof that the defendant was at the time of such parking the registered owner of the vehicle, as required by Code of Virginia, Title 46.2, Chapter 6, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred.

(Ord. of 10-11-2005)

CHAPTER 62 – TRAFFIC AND VEHICLES

Sec. 62-36. – Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Domicile means the residence of an owner of a motor vehicle as of January 1 of the applicable year.

Motor vehicles shall be construed to include, whether owned or leased, motor vehicles and motorcycles as defined in Code of Virginia, § 46.2-100, except publicly owned motor vehicles and motor vehicles owned by volunteer fire companies or volunteer rescue squads.

(Ord. of 4-17-2007)

Sec. 62-37. – Imposed.

An annual motor vehicle license fee is levied and assessed upon all motor vehicles normally garaged, stored or parked within the county on January 1 of each year, and used upon the streets, roads and alleys of the county, or otherwise within the jurisdiction of the county on January 1 of each year. If it cannot be determined where such motor vehicle is normally garaged, stored or parked, the situs of such motor vehicle shall be the domicile of the owner. The revenue derived from the motor vehicle license fees shall be deposited by the treasurer in the general fund of the county.

(Ord. of 4-17-2007)

Sec. 62-38. – Amount.

(a) The motor vehicle license fee on each and every motor vehicle, except motorcycles, shall be $35.00 per year.

(b) The motor vehicle license fee on every motorcycle shall be $21.00 per year.

(Ord. of 4-17-2007; Ord. 04-10-2012)

Sec. 62-39. – License year and payment.

The license year under this article shall commence on January 1 and shall end on December 31. Payment of the motor vehicle license fee shall be due on December 5 of each year. Partial payments made on personal property taxes associated with a motor vehicle license fee shall first be applied towards this motor vehicle license fee.

(Ord. of 4-17-2007)

Sec. 62-40. – Exemptions and limitations.

(a) Nothing in this article shall be construed as requiring the payment of a motor vehicle license fee for any motor vehicle for which an exemption or limitation is provided by the laws of the commonwealth.

(b) The motor vehicle license fee imposed by this article shall not apply to the following:

(1) One motor vehicle, owned or leased, and used personally by any veteran who holds a current state motor vehicle registration card establishing that he has received a disabled veteran’s exemption from the department of motor vehicles, and has been issued a disabled veteran’s motor vehicle license plate bearing the letters “DV.”

(2) One motor vehicle, personally owned or leased by a member of the armed services of the United States on active duty. For the purposes of this article “the armed services of the United States” includes active duty service with the regular Armed Forces of the United States, or the National Guard, or other reserve component.

(3) Vehicles owned by a nonresident of the county and used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation, other than as set forth in subsection (4) immediately following this subsection.

(4) Vehicles (i) owned by a nonresident and (ii) used for transporting into and within the county, for sale in person or by his/her employees, wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream, or eggs produced or grown by him/her, and not purchased by him/her for sale.

(5) A motor vehicle, trailer, or semi-trailer which is owned by an officer or employee of the commonwealth who is a nonresident of county, and who uses the vehicle in the performance of his duties for the commonwealth under an agreement for such use.

(6) A motor vehicle, trailer, or semi-trailer which is kept by a dealer or manufacturer for sale or for sales demonstration.

(7) A motor vehicle, trailer, or semi-trailer which is operated by a common carrier of persons or property operating between cities and towns in the commonwealth and not used for intracity transportation or between cities and towns on the one hand and points and places outside cities and towns on the other and not in intracity transportation.

(8) A daily rental vehicle, as defined in Code of Virginia, § 58.1-2401, the rental of which is subject to the tax imposed by Code of Virginia, § 58.1-2402 A 4.

(9) One motor vehicle, owned or leased, and used personally by any former prisoner of war who holds a current state motor vehicle registration card establishing that he has received prisoner of war state license plates as prescribed in Code of Virginia, § 46.2-746.

(10) One motor vehicle, owned or leased, and used personally by any recipient of the Medal of Honor who holds a current state motor vehicles registration card establishing that he has received Medal of Honor state license plates as prescribed and limited in Code of Virginia, § 46.2-745.

(11) Antique motor vehicles, as defined in Code of Virginia, § 46.2-100, and registered and licensed by the state in accordance with Code of Virginia, § 46.2-730, shall be exempt from the payment of the license fee levied under this article, provided that other conditions prescribed herein are met.

In order to qualify for exemption hereunder, an antique motor vehicle registered and licensed under Code of Virginia, § 46.2-730, shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner’s place of employment, but shall only be used:

a. For participation in club activities, exhibits, tours, parades and similar events; and

b. On the highways of the commonwealth for the purpose of testing their operation, obtaining repairs or maintenance, transportation to and from events as described in subsection a. of this subsection, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner.

(Ord. of 4-17-2007)

Sec. 62-41. – Payment of personal property taxes prerequisite.

(a) No motor vehicle shall be licensed by the department of motor vehicles until such applicant for such license has paid all personal property taxes and the license fee assessed hereunder upon the motor vehicle to be licensed and until the department of motor vehicles has been provided satisfactory evidence by the county treasurer that any delinquent motor vehicle personal property taxes or license fees which have been properly assessed or are assessable against the applicant by the county have been paid.

(b) No motor vehicle license shall be issued by the department of motor vehicles to an owner of a motor vehicle as to which a fee is required to be paid pursuant to this article, qualified under the provisions hereof to a waiver of that fee, until the applicant for such license or registration from the department of motor vehicles has produced to the county treasurer satisfactory evidence that all personal property taxes upon the motor vehicle licensed have been paid and satisfactory evidence that any delinquent personal property taxes due, and which are associated with the vehicle which have been properly assessed or are assessable against the owner, have been paid.

(c) The county treasurer is hereby authorized to enter into an agreement with the commissioner of the department of motor vehicles whereby the commissioner will refuse to issue or renew any vehicle registration of any individual who owes to the county local motor vehicle license fees or delinquent tangible personal property tax or parking citations issued to a resident of the county. Before being issued any vehicle registration or renewal of such license or registration by the commissioner, the individual shall first satisfy all local motor vehicle license fees and delinquent taxes or parking citations and present evidence satisfactory to the commissioner that all such local motor vehicle license fees and delinquent taxes or parking citations have been paid in full. The commissioner shall charge a reasonable fee to cover the costs of such enforcement action, and the treasurer shall add the cost of this fee to the delinquent motor vehicle license fee, tax bill or the amount of the parking citation. The treasurer seeking to collect delinquent taxes or parking citations through the withholding of registration or renewal thereof by the commissioner as provided for in this section shall notify the commissioner in the manner provided for in the agreement with the commissioner and supply to the commissioner information necessary to identify the debtor whose registration or renewal is to be denied. Any agreement entered into pursuant to the provisions of this section shall provide the debtor notice of the intent to deny renewal of registration at least 30 days prior to the expiration date of a current vehicle registration. For the purposes of this section, notice by first-class mail to the registrant’s address as maintained in the records of the department of motor vehicles shall be deemed sufficient. In the case of parking violations, the commissioner shall only refuse to issue or renew the vehicle registration of any individual therefor pursuant to this section for the vehicle that incurred the parking violations. The provisions of this section shall not apply to vehicles owned by firms or companies in the business of renting motor vehicles.

(Ord. of 4-17-2007)

Sec. 62-42. – Towns within the county.

Whenever a town within the county imposes fees like those imposed in this article upon motor vehicles of owners residing in such town, the owner of a motor vehicle subject to such fee shall be entitled, upon displaying satisfactory evidence of the payment of such fee, to receive a credit on the fee imposed by the county to the extent of the fee paid to such town.

(Ord. of 4-17-2007)

Sec. 62-43. – Transfer of motor vehicle license fees; refunds.

The motor vehicle license fee shall not be transferable between persons or vehicles. There shall be no refund of the motor vehicle license fee imposed herein for vehicles sold or otherwise disposed of during the license year.

(Ord. of 4-17-2007)

Sec. 62-44. – Collection.

The county treasurer shall, after the due date for any motor vehicle license fee required by this article, collect such motor vehicle license fee in accordance with the provisions of Code of Virginia, § 58.1-3919, or any other applicable state law. Additionally, the county treasurer shall have the authority to take any action authorized by Code of Virginia, § 46.2-752.

(Ord. of 4-17-2007)

Secs. 62-45—62-75. – Reserved.

CHAPTER 62 – TRAFFIC AND VEHICLES

Sec. 62-1. – State traffic laws adopted.

Pursuant to the authority of Code of Virginia, § 46.2-1313, all of the provisions and requirements of the laws of the Commonwealth contained in Code of Virginia, Title 46 (§ 46.2-100 et seq.), and in Code of Virginia, Title 18.2 Chapter 7, Article 2 (§ 18.2-266 et seq.) except those provisions and requirements, the violation of which constitutes a felony or by nature can have no application to or within the county, are hereby adopted and incorporated in to this chapter and made applicable within all parts of the county not incorporated. The adoption of the above referenced statutes is to include all future amendments to those aforementioned statutes as authorized by Code of Virginia, § 1-13.39:2. 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 unincorporated portions of the county to violate, fail, neglect or refuse to comply with any of the provisions and requirements of the laws of the Commonwealth contained in Code of Virginia, Title 46 (§ 46.2-100 et seq.) and in Code of Virginia, Title 18.2 Chapter 7, Article 2 (§ 18.2-266 et seq.), which are adopted by this section.

(Ord. of 6-10-1997(1); Ord. of 6-10-2003; Ord. of 6-14-2005(4))

Sec. 62-2. – Reimbursement of expenses incurred in responding to DUI and other traffic incidents.

(a) Any person who is convicted of violating any of the following provisions shall at the time of sentencing, be liable to Orange County or to any responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred by the county for responding law enforcement, firefighting, rescue and emergency services, including those incurred by the sheriff’s office of the county, or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to such violation. Further, a person convicted of violating any of the following provisions shall, at the time of sentencing, be liable to the county or to any responding volunteer fire or rescue squad, or both, for restitution of reasonable expenses incurred by the county when issuing any related arrest warrant or summons, including the expenses incurred by the sheriff’s office of the county, or by any volunteer fire or rescue squad, or by any combination of the foregoing:

Violations:

(1) The provisions of Code of Virginia, §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02 or 46.2-341.24, or a similar ordinance, 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 Code of Virginia, Article 7 (§ 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 Code of Virginia, Article 1 (§ 46.2-300 et seq.) of Chapter 3 of Title 46.2 relating to driving without a license; and

(4) The provisions of Code of Virginia, § 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 pursuant to subsection (a) shall not exceed $1,000.00 in the aggregate for a particular accident, arrest, or incident occurring in the county. In determining the “reasonable expenses,” the county may bill a flat fee of $350.00 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 court may order as restitution the reasonable expenses incurred by the county for responding law enforcement, firefighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the commonwealth, 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.

State Law reference- Code of Virginia, § 15.2-1716, as amended.

(Ordinance of 07-14-15)

Secs. 62-3-62-35. – Reserved.