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 th...
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