Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by amending Chapter 21, Motor Vehicles and Traffic, to include Section 21-112, prohibiting certain operation of vehicles on flooded streets
Purpose
PURPOSE/BACKGROUND:
Following the tropical storm event last fall, some citizens indicated to Council that people were driving through flooded areas in a manner that caused damage to their property. In response City Council added a “no wake zone” bill to its legislative package to give the City the power to charge a person responsible for that type of situation. That bill was passed by the General Assembly and signed by Governor McAuliffe. In addition, the City Attorney’s Office identified another section of the Virginia Code that will allow the City to prohibit driving or parking in certain flooded areas altogether without the requirement that the driving causes damage to property.
Discussion:
The proposed ordinance provides two types of prohibitions. The first involves motorists who drive motor vehicles or watercraft through flooded areas in such a manner that causes or could be reasonably expected to cause damage to any real or personal property. In order for this subsection to be enforceable, the flooded areas must be posted by signs indicating the prohibition and penalties. The sign requirement was imposed by the General Assembly. A violation of that subsection is punishable by a fine of up to $250.
The second prohibition occurs when the City Manager or her designee designates any area as a dangerous flood area. If that designation occurs, no one may drive or park in that area unless they are trying to evacuate and can do so safely. Signs are not required by this subsection. A violation of that subsection is punishable by a fine of $50.
In addition, if any vehicle becomes stuck as a result of driving through areas covered by either subsection, the police or public works may have the vehicle towed and stored and the owner may be charged for the towing and storage.
Impact: $5,000.00
Recommendation:
Rec
Approve the Ordinance.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 21 of the City Code of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 21- MOTOR VEHICLES AND TRAFFIC
. . .
ARTICLE IV - OPERATION OF VEHICLES - GENERALLY
. . .
Sec. 21 - 112 - Driving or parking in certain flooded areas prohibited; removal and storage authorized.
(a) It shall be unlawful for any person to operate a motor vehicle or watercraft on a flooded highway, street, alley, or parking lot, regardless of whether such highway, street, alley, or parking lot is publicly or privately owned, in such a manner as to increase the level of floodwaters to a level that causes or could reasonably be expected to cause damage to any real or personal property. The city will cause to be erected signs warning operators of motor vehicles and watercraft of the prohibition and penalties associated with this subsection. A violation of this subsection shall constitute a misdemeanor, punishable by a fine of up to $250.
(b) During flooding events, the city manager or his designee may designate certain highways, streets, alleys, or parking lots as dangerous flood areas, and prohibit any parking or operation of motor vehicles or watercraft in such areas for the duration of the flooding event. Any prohibition created by this subsection shall not apply to a person who must drive in the designated area in order to evacuate to a safer location, and who does so safely without endangering himself or the person or property of another. A violation of this subsection shall constitute a misdemeanor, punishable by a fine of $50.
(c) Any vehicle or watercraft that is (i) stalled, stuck, parked or abandoned on any highway, street, alley, or parking lot that has been designated as a dangerous flood area by the city manager or his designee in accordance with subsection (b) of this section, or (ii) stalled, stuck or abandoned on any highway, street, alley or parking lot that is posted with signage in accordance with subsection (a) of this section, may be removed and stored at the request of the police division or the public works department. The owner of any such vehicle will be charged a reasonable fee for such removal or storage in addition to any fines noted in subsections (a) and (b) of this section.
(d) No provision of this section shall apply to any law enforcement officer, firefighter, or emergency medical services personnel engaged in the performance of his duties nor to the operator of any vehicle owned or controlled by the public works department, the department of transportation, or a public utility agency as defined in Virginia Code § 56-265.1.
State Law reference- Authority for above section, Code of Virginia, § 46.2-800.3; 46.2-1302.
Secs. 21-113-21-125. - Reserved.