Chapter 158 VEHICLE AND TRAFFIC.

158-1     DISABLED PARKING SPACES - RESTRICTIONS ON USE

A.  No vehicles other than those displaying disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards issued pursuant to Title 46.2 of the Code of Virginia or the laws of another state shall park in any parking spaces reserved for persons with disabilities.

B.  No person without a disability that limits or impairs his ability to walk shall park a vehicle with disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, temporary removable windshield placards, or DV disabled parking license plates issued under Title 46.2 in a parking space reserved for persons with disabilities that limit or impair their ability to walk except when transporting a disabled person in the vehicle.

C.  Enforcement.

1.  The Town Manager, in his discretion, may establish a volunteer force to enforce this section of the Front Royal Code provided:

          a.  Any such force is placed under the supervision of the Police Department;

b.  Volunteers acting pursuant to this section shall not have the power or duty to enforce any other traffic or criminal laws of the state or town; and

c.  No volunteer acting pursuant to this section shall carry a firearm or other weapon during the course of his volunteer enforcement duties.

2.  A summons or parking ticket for the offense may be  issued for violation of this section by law-enforcement officers, uniformed law-enforcement department  employees, or volunteers acting pursuant this ordinance without the necessity of a warrant's being obtained by the owner of any private parking area.

3.  In any prosecution charging a violation of this ordinance, proof that the vehicle described in the complaint, summons, parking ticket, citation, or warrant was parked in violation of this section of the Town Code, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Title 46.2 of the Code of Virginia, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.

4.  No violation of this ordinance shall be dismissed for a property owner's failure to comply strictly with the  requirements for disabled parking signs set forth in §  36-99.1 1, provided the space is clearly  distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk.

D.  Penalties and Towing

1.  Fine - Parking a vehicle in a space reserved for persons with disabilities in violation of this section shall be punishable by a fine of not less than $ 1 00 nor more than $500.

      2. Towing

a.  The owner or duly authorized agent of the owner of a parking space properly designated and clearly  marked as reserved for use by persons with disabilities that limit or impair their ability  to walk may have any vehicle not displaying  disabled parking license plates, organizational  removable windshield placards, permanent removable windshield placards, temporary removable windshield placards, or DV disabled parking license plates removed from the parking space and  stored.

b.  The owner of a vehicle which has been removed and stored may regain possession of his vehicle on payment to the person or persons who removed and stored the vehicle all reasonable costs incidental to the removal and storage.  The owner of the vehicle, on notice to the owner or duly authorized agent of the owner of the parking space, may also petition the general district court having jurisdiction over the location where the parking occurred for an immediate determination as to whether the removal of the vehicle was lawful.  If the court finds that the removal was unlawful, the court shall direct the owner of the parking space to pay the costs incidental to the removal and storage of the vehicle and return the vehicle to its owner.

(Ord. No. 2-93 Amended Entire Section 3-22-93-Effective Upon Passage)

(Ord. No. 8-98 Amended Entire Section 6-8-98-Effective 7-1-98)