§ 15.2-904. Authority to restrict keeping of inoperable motor vehicles, etc.,on residential or commercial property; removal of such vehicles; penalty.
A. Any locality may, by ordinance, provide that it shall be unlawful for anyperson to keep, except within a fully enclosed building or structure orotherwise shielded or screened from view, on any property zoned forresidential or commercial or agricultural purposes any motor vehicle, traileror semitrailer, as such are defined in § 46.2-100, which is inoperable. Anylocality in addition may, by ordinance, limit the number of inoperable motorvehicles which any person may keep outside of a fully enclosed building orstructure, but which are shielded or screened from view by covers. As used inthis section, an "inoperable motor vehicle" may, at the election of thelocality, mean any one or more of the following: (i) any motor vehicle whichis not in operating condition; (ii) any motor vehicle which for a period of60 days or longer has been partially or totally disassembled by the removalof tires and wheels, the engine, or other essential parts required foroperation of the vehicle; or (iii) any motor vehicle on which there aredisplayed neither valid license plates nor a valid inspection decal. However,the provisions of this section shall not apply to a licensed business whichon June 26, 1970, is regularly engaged in business as an automobile dealer,salvage dealer or scrap processor.
B. Any locality may, by ordinance, further provide that: (i) the owners ofproperty zoned for residential, commercial or agricultural purposes shall, atsuch time or times as the locality prescribes, remove therefrom any suchinoperable motor vehicles, trailers or semitrailers that are not kept withina fully enclosed building or structure; (ii) such locality through its ownagents or employees may remove any such inoperable motor vehicles, trailersor semitrailers, whenever the owner of the premises, after reasonable notice,has failed to do so; (iii) in the event such locality, through its own agentsor employees, removes any such motor vehicles, trailers or semitrailers,after having given such reasonable notice, such locality may dispose of suchmotor vehicles, trailers or semitrailers after giving additional notice tothe owner of the vehicle; (iv) the cost of any such removal and disposalshall be chargeable to the owner of the vehicle or premises and may becollected by the locality as taxes are collected; and (v) every costauthorized by this section with which the owner of the premises has beenassessed shall constitute a lien against the property from which the vehiclewas removed, the lien to continue until actual payment of such costs has beenmade to the locality. Notwithstanding the other provisions of thissubsection, if the owner of such vehicle can demonstrate that he is activelyrestoring or repairing the vehicle, and if it is shielded or screened fromview, the vehicle and one additional inoperative motor vehicle that isshielded or screened from view and being used for the restoration or repairmay remain on the property.
C. The governing body of any locality may by ordinance provide thatviolations of this section shall be subject to a civil penalty, which may beimposed in accordance with the provisions of § 15.2-2209.
D. Except as provided in this subsection, adoption of an ordinance pursuantto subsection C shall be in lieu of criminal penalties and shall precludeprosecution of such violation as a misdemeanor. The governing body of anylocality may, however, by ordinance provide that such violations shall be aClass 3 misdemeanor in the event three civil penalties have previously beenimposed on the same defendant for the same or similar violation, not arisingfrom the same set of operative facts, within a 24-month period. Classifyingsuch subsequent violations as criminal offenses shall preclude the impositionof civil penalties for the same violation.
E. As used in this section, notwithstanding any other provision of law,general or special, "shielded or screened from view" means not visible bysomeone standing at ground level from outside of the property on which thesubject vehicle is located.
(1966, c. 390, § 15.1-11.1; 1970, c. 196; 1972, c. 572; 1973, c. 395; 1982,c. 368; 1985, c. 289; 1986, c. 245; 1989, c. 404; 1997, c. 587; 2003, c. 829;2004, cc. 513, 934; 2005, cc. 465, 775.)
§ 15.2-904. Authority to restrict keeping of inoperable motor vehicles, etc.,on residential or commercial property; removal of such vehicles; penalty.
A. Any locality may, by ordinance, provide that it shall be unlawful for anyperson to keep, except within a fully enclosed building or structure orotherwise shielded or screened from view, on any property zoned forresidential or commercial or agricultural purposes any motor vehicle, traileror semitrailer, as such are defined in § 46.2-100, which is inoperable. Anylocality in addition may, by ordinance, limit the number of inoperable motorvehicles which any person may keep outside of a fully enclosed building orstructure, but which are shielded or screened from view by covers. As used inthis section, an "inoperable motor vehicle" may, at the election of thelocality, mean any one or more of the following: (i) any motor vehicle whichis not in operating condition; (ii) any motor vehicle which for a period of60 days or longer has been partially or totally disassembled by the removalof tires and wheels, the engine, or other essential parts required foroperation of the vehicle; or (iii) any motor vehicle on which there aredisplayed neither valid license plates nor a valid inspection decal. However,the provisions of this section shall not apply to a licensed business whichon June 26, 1970, is regularly engaged in business as an automobile dealer,salvage dealer or scrap processor.
B. Any locality may, by ordinance, further provide that: (i) the owners ofproperty zoned for residential, commercial or agricultural purposes shall, atsuch time or times as the locality prescribes, remove therefrom any suchinoperable motor vehicles, trailers or semitrailers that are not kept withina fully enclosed building or structure; (ii) such locality through its ownagents or employees may remove any such inoperable motor vehicles, trailersor semitrailers, whenever the owner of the premises, after reasonable notice,has failed to do so; (iii) in the event such locality, through its own agentsor employees, removes any such motor vehicles, trailers or semitrailers,after having given such reasonable notice, such locality may dispose of suchmotor vehicles, trailers or semitrailers after giving additional notice tothe owner of the vehicle; (iv) the cost of any such removal and disposalshall be chargeable to the owner of the vehicle or premises and may becollected by the locality as taxes are collected; and (v) every costauthorized by this section with which the owner of the premises has beenassessed shall constitute a lien against the property from which the vehiclewas removed, the lien to continue until actual payment of such costs has beenmade to the locality. Notwithstanding the other provisions of thissubsection, if the owner of such vehicle can demonstrate that he is activelyrestoring or repairing the vehicle, and if it is shielded or screened fromview, the vehicle and one additional inoperative motor vehicle that isshielded or screened from view and being used for the restoration or repairmay remain on the property.
C. The governing body of any locality may by ordinance provide thatviolations of this section shall be subject to a civil penalty, which may beimposed in accordance with the provisions of § 15.2-2209.
D. Except as provided in this subsection, adoption of an ordinance pursuantto subsection C shall be in lieu of criminal penalties and shall precludeprosecution of such violation as a misdemeanor. The governing body of anylocality may, however, by ordinance provide that such violations shall be aClass 3 misdemeanor in the event three civil penalties have previously beenimposed on the same defendant for the same or similar violation, not arisingfrom the same set of operative facts, within a 24-month period. Classifyingsuch subsequent violations as criminal offenses shall preclude the impositionof civil penalties for the same violation.
E. As used in this section, notwithstanding any other provision of law,general or special, "shielded or screened from view" means not visible bysomeone standing at ground level from outside of the property on which thesubject vehicle is located.
(1966, c. 390, § 15.1-11.1; 1970, c. 196; 1972, c. 572; 1973, c. 395; 1982,c. 368; 1985, c. 289; 1986, c. 245; 1989, c. 404; 1997, c. 587; 2003, c. 829;2004, cc. 513, 934; 2005, cc. 465, 775.)
§ 15.2-904. Authority to restrict keeping of inoperable motor vehicles, etc.,on residential or commercial property; removal of such vehicles; penalty.
A. Any locality may, by ordinance, provide that it shall be unlawful for anyperson to keep, except within a fully enclosed building or structure orotherwise shielded or screened from view, on any property zoned forresidential or commercial or agricultural purposes any motor vehicle, traileror semitrailer, as such are defined in § 46.2-100, which is inoperable. Anylocality in addition may, by ordinance, limit the number of inoperable motorvehicles which any person may keep outside of a fully enclosed building orstructure, but which are shielded or screened from view by covers. As used inthis section, an "inoperable motor vehicle" may, at the election of thelocality, mean any one or more of the following: (i) any motor vehicle whichis not in operating condition; (ii) any motor vehicle which for a period of60 days or longer has been partially or totally disassembled by the removalof tires and wheels, the engine, or other essential parts required foroperation of the vehicle; or (iii) any motor vehicle on which there aredisplayed neither valid license plates nor a valid inspection decal. However,the provisions of this section shall not apply to a licensed business whichon June 26, 1970, is regularly engaged in business as an automobile dealer,salvage dealer or scrap processor.
B. Any locality may, by ordinance, further provide that: (i) the owners ofproperty zoned for residential, commercial or agricultural purposes shall, atsuch time or times as the locality prescribes, remove therefrom any suchinoperable motor vehicles, trailers or semitrailers that are not kept withina fully enclosed building or structure; (ii) such locality through its ownagents or employees may remove any such inoperable motor vehicles, trailersor semitrailers, whenever the owner of the premises, after reasonable notice,has failed to do so; (iii) in the event such locality, through its own agentsor employees, removes any such motor vehicles, trailers or semitrailers,after having given such reasonable notice, such locality may dispose of suchmotor vehicles, trailers or semitrailers after giving additional notice tothe owner of the vehicle; (iv) the cost of any such removal and disposalshall be chargeable to the owner of the vehicle or premises and may becollected by the locality as taxes are collected; and (v) every costauthorized by this section with which the owner of the premises has beenassessed shall constitute a lien against the property from which the vehiclewas removed, the lien to continue until actual payment of such costs has beenmade to the locality. Notwithstanding the other provisions of thissubsection, if the owner of such vehicle can demonstrate that he is activelyrestoring or repairing the vehicle, and if it is shielded or screened fromview, the vehicle and one additional inoperative motor vehicle that isshielded or screened from view and being used for the restoration or repairmay remain on the property.
C. The governing body of any locality may by ordinance provide thatviolations of this section shall be subject to a civil penalty, which may beimposed in accordance with the provisions of § 15.2-2209.
D. Except as provided in this subsection, adoption of an ordinance pursuantto subsection C shall be in lieu of criminal penalties and shall precludeprosecution of such violation as a misdemeanor. The governing body of anylocality may, however, by ordinance provide that such violations shall be aClass 3 misdemeanor in the event three civil penalties have previously beenimposed on the same defendant for the same or similar violation, not arisingfrom the same set of operative facts, within a 24-month period. Classifyingsuch subsequent violations as criminal offenses shall preclude the impositionof civil penalties for the same violation.
E. As used in this section, notwithstanding any other provision of law,general or special, "shielded or screened from view" means not visible bysomeone standing at ground level from outside of the property on which thesubject vehicle is located.
(1966, c. 390, § 15.1-11.1; 1970, c. 196; 1972, c. 572; 1973, c. 395; 1982,c. 368; 1985, c. 289; 1986, c. 245; 1989, c. 404; 1997, c. 587; 2003, c. 829;2004, cc. 513, 934; 2005, cc. 465, 775.)
