ARTICLE 361
Parking Generally
 
361.01     Prohibition against parking on streets or highways.
361.02     Police may remove illegally stopped vehicles.
361.03     Prohibited stopping, standing or parking places.
361.04     Vehicles parked on private property.
361.05     Manner of parallel parking.
361.06     Accessible parking.
361.07     Abandoned and junk vehicles.
361.08     Selling or repairing vehicle upon roadway.
361.09     Parking to sell or display merchandise.
361.10     Standing in street to discharge freight.
361.11     Standing in front of theater, church or school.
361.12     Consecutive hours.
361.99     Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Authority to regulate the standing or parking of vehicles - see W. Va. Code 17C-2-8(a)(1)
Authority to regulate parallel and angle parking - see W. Va. Code 17C-13-4
Impounding of abandoned vehicles - see TRAF. Art. 307
Duty to stop engine, set brake on grade and remove key - see TRAF. 349.01
Power to limit or prohibit parking - see TRAF. 305.02
Cleaning or repairing streets - see TRAF. 305.03
 
361.01  PROHIBITION AGAINST PARKING ON STREETS OR HIGHWAYS.

     (a)     Upon any street or highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the street or highway when it is practicable to stop, park or so leave such vehicle off such part of the street or highway, but in every event an unobstructed width of the street or highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway or street.

 

     (b)     This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a street or highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

(WVaC 17C-13-1)

 
361.02  POLICE MAY REMOVE ILLEGALLY STOPPED VEHICLES.

     (a)     Whenever any police officer finds a vehicle standing upon a street or highway in violation of Section 361.01, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such street or highway.

 

     (b)     Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.

(WVaC 17C-13-2)

 
361.03  PROHIBITED STOPPING, STANDING OR PARKING PLACES.

     (a)     No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:

          (1)     On a sidewalk;

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

          (3)     Within an intersection;

          (4)     Within fifteen feet of a fire hydrant;

          (5)     In a properly designated fire lane;

          (6)     On a crosswalk;

          (7)     Within twenty feet of a crosswalk at an intersection;

          (8)     Within thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;

          (9)     Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

          (10)     Within fifty feet of the nearest rail of a railroad crossing;

          (11)     Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of such entrance (when properly signposted);

          (12)     Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

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

          (14)     Upon any bridge or other elevated structure upon a street or highway or within a street or highway tunnel;

          (15)     At any place where signs prohibit stopping, standing or parking, or where the curbing or street is painted yellow or red, or at any place in excess of the maximum time limited by signs;

          (16)     Within twenty feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if such parking interferes with or causes delay in the carrier's schedule;

          (17)     Upon any controlled-access highway;

          (18)     At any place on any street or highway where the safety and convenience of the traveling public is thereby endangered;

          (19)     Over or across any lines or marks established by the Municipality to indicate parking spaces;

          (20)     In front of a wheelchair accessible ramp or curb cut which is part of a sidewalk designed for use by the general public when the ramp or curb cut is properly marked with blue paint.

 

     (b)     No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

(Ord.  98-19.  Passed 6-16-98.)
 
361.04  VEHICLES PARKED ON PRIVATE PROPERTY.

     No driver of a vehicle shall stop, park or leave standing unattended any vehicle on a private road or driveway or on private property without having express or implied permission from the owner, tenant or lessee of such land.  The owner, tenant or lessee of such private road or driveway or private property may move, or have moved, any vehicle stopped, parked or left standing unattended on his private road, driveway or private property as above prohibited without any liability for the cost of moving any vehicle, nor shall he be liable to the owner of the vehicle for any damage done to such vehicle in moving it, unless the owner, tenant or lessee of such private road or driveway or private property was negligent in removing or authorizing the removal of the vehicle.  The owner of such vehicle shall be responsible to the persons removing such vehicle for paying all removal costs.  Any person who removes any vehicle under the provisions of this section shall notify the State Department of Public Safety of such action, and, in addition notify the Police Department. 

(WVaC 17C-14-13)
 
361.05  MANNER OF PARALLEL PARKING.

     (a)     Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the curb-side wheels of such vehicle parallel with and not more than eighteen inches from the curb, unless it is impossible to approach so close to the curb; in such case the stop shall be as close to the curb as possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise.

 

     (b)     This subsection does not apply to streets or parts thereof where angle parking is lawfully permitted.  However, no angle parking shall be permitted on a State or Federal-aid route unless approved by the State Commissioner of Highways.

 

     (c)     No vehicle shall be stopped or parked on a road or street with the vehicle facing in a direction other than the direction of travel on that side of the road or street.

 
361.06 ACCESSIBLE PARKING.

     (a)     As used in this section, the following terms have the meanings ascribed to them in this subsection:

          (1)     A person or applicant with a “mobility impairment” means a person who is a citizen of West Virginia and as determined by a physician, allopath or osteopath chiropractor, advanced nurse practitioner or physician’s assistant  licensed to practice in West Virginia:

               A.     Cannot walk two hundred feet without stopping to rest;

               B.     Cannot walk without the use of or assistance from a brace, cane, crutch, prosthetic device, wheelchair, other assistive device or another person;

               C.     Is restricted by lung disease to such an extent that the person’s force (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

               D.     Uses portable oxygen;

               E.     Has a cardiac condition to such an extent that the person’s functional limitations are classified in severity as Class III or Class IV according to standards established by the American heart association; or

               F.     Is severely limited in his or her ability to walk because of an arthritic, neurological, or other orthopedic  physical condition.

          (2)     “Special registration plate” means a registration plate that displays the international symbol of access, as adopted by the Rehabilitation International Organization in nineteen hundred sixty-nine at its Eleventh World Congress on Rehabilitation of the Disabled, in a color that contrasts with the background, in letters and numbers the same size as those on the plate, and which may be used in lieu of a regular registration plate;

          (3)     “Removable windshield placard” (permanent or temporary) means a two- sided, hanger style placard measuring three inches by nine and one half inches, with all of the following on each side:

               A.     The international symbol of access, measuring at least three inches in height, centered on the placard, in white on a blue background for permanent designations and in white on a red background for temporary designations;

               B.     An identification number measuring one inch in height;

               C.     An expiration date in numbers measuring one inch in height; and

               D.     The seal or other identifying symbol of the issuing authority.

          (4)     “Public entity” means state or local government or any department, agency, special purpose district or other instrumentality of a state or local government.

          (5)     “Public facility” means all or any part of any buildings, structures, sites, complexes, roads, parking lots or other real or personal property, including the site where the facility is located.

          (6)     “Place(s) of public accommodation” means a facility or facilities operated by a private entity whose operations affect commerce and fall within at least one of the following categories:

               A.     Inns, hotels, motels and other places of lodging;

               B.     Restaurants, bars or other establishments serving food or drink;

               C.     Motion picture houses, theaters, concert halls, stadiums or other places of exhibition or entertainment;

               D.     Auditoriums, convention centers, lecture halls or other places of public gatherings;

               E.     Bakeries, grocery stores, clothing stores, hardware stores, shopping centers or other sales or rental establishments;

               F.     Laundromats, dry cleaners, banks, barber and beauty shops, travel agencies, shoe repair shops, funeral parlors, gas or service stations, offices of accountants and attorneys, pharmacies, insurance offices, offices of professional health care providers, hospitals or other service establishments;

               G.     Terminals, depots or other stations used for public transportation;

               H.     Museums, libraries, galleries or other places of public display or collection;

               I.     Parks, zoos, amusement parks or other places of recreation;

               J.     Public or private nursery, elementary, secondary, undergraduate or post-graduate schools or other places of learning and day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies or other social service establishments; and

               K.     Gymnasiums, health spas, bowling alleys, golf courses or other places of exercise or recreation.

          (7)     “Commercial facility” means a facility whose operations affect commerce and which are intended for nonresidential use by a private entity.

          (8)     “Accessible parking” formerly known as “handicapped parking” is the present phrase consistent with language within the American with Disabilities Act (ADA).

          (9)     “Parking enforcement personnel” includes any law enforcement officer as defined by West Virginia Code 30-29-1, and private security guards, parking personnel and other personnel authorized by a city, county or the state to issue parking citations.

 

     (b)     An accessible parking space should comply with the provisions of the Americans with Disabilities Act accessibility guidelines, contained in 28 C.F.R. 36, Appendix A, Section 4.6.  In particular, the parking space should be a minimum of eight feet wide with an adjacent eight-foot access aisle for vans having side mounted hydraulic lifts or ramps or a five-foot access aisle for standard vehicles.  Access aisles should be marked using diagonal two- to four-inch-wide stripes spaced every twelve or twenty-four inches apart along with the words “no parking” in painted letters which are at least twelve inches in height.  All accessible parking spaces should have a signpost in front or adjacent to the accessible parking space displaying the international symbol of access sign mounted at a minimum of eight feet above the pavement or sidewalk and the top of the sign.  Lines or markings on the pavement or curbs for parking spaces and access aisles may be in any color, although blue is the generally accepted color for accessible parking.

 

     (c)     A vehicle from any other state, United States territory or foreign country displaying an officially issued special registration plate, placard or decal bearing the international symbol of access shall be recognized and accepted as meeting the requirements of this section, regardless of where the plate, placard or decal is mounted or displayed on the vehicle.

 

     (d)     Stopping, standing or parking places marked with the international symbol of access shall be designated in close proximity to all public entities including state, county and municipal buildings and facilities, places of public accommodation and commercial facilities.  These parking places shall be reserved solely for persons with a mobility impairment at all times.

 

     (e)     Any person whose vehicle properly displays a valid, unexpired special registration plate or removable windshield placard may park the vehicle for unlimited periods of time in parking zones unrestricted as to length of parking time permitted: Provided, that this privilege does not mean that the vehicle may park in any zone where stopping, standing or parking is prohibited or which creates parking zones for special types of vehicles or which prohibits parking during heavy traffic periods during specified rush hours or where parking would clearly present a traffic hazard.  To the extent any provision of any ordinance of any political subdivision of this State is contrary to the provisions of this section, the provisions of this section take precedence and apply.

     The parking privileges provided for in this subsection apply only during those times when the vehicle is being used for the loading or unloading of a person with a mobility impairment.  Any person who knowingly exercises, or attempts to exercise these privileges at a time when the vehicle is not being used for the loading or unloading of a person with a mobility impairment, upon first conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined two hundred dollars ($200.00); upon second conviction thereof, in addition to any other penalty, he or she may otherwise incur, shall be fined three hundred dollars ($300.00); and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars ($500.00).

 

     (f)     Any person whose vehicle does not display a valid, special registration plate or removable windshield placard may not stop, stand or park a motor vehicle in an area designated, zoned or marked for accessible parking with signs or instructions displaying the international symbol of access, either by itself or with explanatory text.  The signs may be mounted on a post or a wall in front of the accessible parking space and instructions may appear on the ground or pavement, but use of both methods is preferred.  Accessible parking spaces for vans having an eight-foot adjacent access aisle should be designated as “van accessible” but may be used by any vehicle displaying a valid special registration plate or removable windshield placard.

     Any person who violates the provisions of this subsection shall be fined two hundred dollars ($200.00); upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined three hundred dollars ($300.00); and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars ($500.00).

 

     (g)     All signs that designate areas as “accessible parking” or that display the international symbol of access shall also include the words “Up to $500 fine”.

 

     (h)     No person may stop, stand or park a motor vehicle in an area designated or marked off as an accessible aisle to a van-accessible parking space or regular accessible parking space.  Any person, including a driver of a vehicle displaying a valid removable windshield placard or special registration plate, who violates the provisions of this subsection shall be fined two hundred dollars ($200.00); upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined three hundred dollars ($300.00); and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars ($500.00).

 

     (i)     Parking enforcement personnel who otherwise enforce parking violations may issue citations for violations of this section and shall reference the number on the vehicle’s license plate, since the driver normally will not be present.

 

     (j)     Law-enforcement agencies may establish a program to use trained volunteers to collect information necessary to issue citations to persons who illegally park in designated accessible parking spaces.  Any law-enforcement agency choosing to establish a program shall provide for workers’ compensation and liability coverage.  The volunteers shall photograph the illegally parked vehicle and complete a form, to be developed by supervising law-enforcement agencies, that includes the vehicle’s license plate number, date, time and location of the illegally parked vehicle.  The photographs must show the vehicle in the accessible space and a readable view of the license plate.  Within the discretion of the supervising law-enforcement agency, the volunteers may issue citations or the volunteers may submit the photographs of the illegally parked vehicle and the form to the supervising law-enforcement agency, who may issue a citation, which includes the photographs and the form, to the owner of the illegally parked vehicle.  Volunteers shall be trained on the requirements for citations for vehicles parked in marked, zoned or designated accessible parking areas by the supervising law-enforcement agency.

 

     (k)     The Municipality in enforcing this section shall retain all fines and associated late fees.  These revenues shall be used first to fund the provisions of subsection (j) of this section, if adopted by the Municipality or otherwise shall go into the Municipality’s General Revenue Fund.

(WVaC 17C-13-6)

 

     (l)     The maximum time limit that any qualified vehicle may be parked in a free handicapped parking space on any metered City street is two hours.  Vehicles parking in excess of two hours shall be cited as follows:

               First violation - $2.00

               Second violation - $5.00

 

     If either or both of the above fines are not paid within ten days from the date of issue, then in such event the fine will be ten dollars ($10.00), plus Municipal Court costs, if any.

     Signage at free handicapped parking spots on metered City streets shall include language notifying vehicle drivers of the two-hour parking time.

(Ord.  98-20.  Passed 6-16-98.)
 
361.07  ABANDONED AND JUNK VEHICLES.

     (a)     Definitions.

          (1)     “Abandoned motor vehicle” means any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public or private property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher, or any motor vehicle, or major part thereof, which has remained illegally on public or private property for any period of time over five days, or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period of time over three days, or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.

          (2)     “Junked motor vehicle” means a motor vehicle or any part thereof, other than an on-premise farm utility vehicle, which:

               A.     Is discarded, wrecked, ruined, scrapped or dismantled;

               B.     Cannot pass the State inspection required by West Virginia Code 17C-16-1 et seq.;

               C.     Is either not serving a functional purpose or use or is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher.

          (3)     “Motor vehicle” means a vehicle which is or was self-propelled, including but not limited to automobiles, trucks, buses and motorcycles.  (WVaC 17-24-2)

 

     (b)     Abandoning or Depositing Prohibited.

          (1)     No person shall abandon a motor vehicle upon the right-of-way of any public street or highway, upon any other public property, or upon any private property which he does not own, lease, rent or otherwise control unless it be at a licensed salvage yard or at the business establishment of a demolisher.

               (WVaC 17-24-3)

          (2)     No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, non-operating, wrecked, junked or discarded vehicle to remain on such property longer than fifteen days; and no person shall leave any such vehicle on any property within the City for a longer time than fifteen days; except that this subsection shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City.

               (Ord. 9-20-88.)

 

     (c)     Injunctive Relief.  In addition to all other remedies provided for in this section, Council or any citizen, resident, or taxpayer of the County, may apply to the Circuit Court, or the Judge thereof in vacation, for an injunction to restrain, prevent or abate the maintenance and storage of abandoned motor vehicles and junked motor vehicles in violation hereof.

(Ord. 12-8-83.)

 

     (d)     Impounding.  The City Manager, or his designee, is hereby authorized to remove or have removed any vehicle left at any place within the City which reasonably appears to be in violation of this subsection, or lost, stolen or unclaimed.  Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with Article 307.

(Ord. 9-20-88.)
 
361.08  SELLING OR REPAIRING VEHICLE UPON ROADWAY.

     No person shall park a vehicle upon any roadway for the principal purpose of:

     (a)     Displaying such vehicle for sale.

     (b)     Greasing or repairing such vehicle, except repairs necessitated by an emergency.

 
361.09  PARKING TO DISPLAY OR SELL MERCHANDISE.

     No vehicle shall be parked in the business or congested district of the City for the purpose of displaying or selling therefrom any produce or merchandise of any kind, except between the hours of 11:00 p.m. and 6:00 a.m.

(Ord. 04-20.  Passed 6-15-04.)
 
361.10  STANDING IN STREET TO DISCHARGE FREIGHT.

     No vehicle shall remain upon any public street for the purpose of discharging freight when there is a public alley which has connections with the premises where such freight is to be delivered or received and such delivery or receipt is practicable through such alley.

(1967 Code Sec. 20-90.)
 
361.11  STANDING IN FRONT OF THEATER, CHURCH OR SCHOOL.

     No vehicle shall be left standing in front of a theater, church, school or public building, except for the purpose of receiving or discharging passengers or freight and then only for such time as may be actually necessary therefor.

(1967 Code Sec. 20-91.)
 
361.12  CONSECUTIVE HOURS.

     No motor vehicle shall be left standing or parked on any street in the City for more than forty-eight consecutive hours.

(Ord. 11-5-80.)
 
361.99  PENALTY.

     (EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty.)