46.2-1219.1 - Regulation or prohibition of vehicular traffic on certain privately owned public parking areas and driveways; penalties. - Virginia Statutes

§ 46.2-1219.1. Regulation or prohibition of vehicular traffic on certainprivately owned public parking areas and driveways; penalties.

The governing body of any county, city, or town may adopt an ordinance not inconflict with state law regulating or prohibiting the stopping, standing,parking, or flow of vehicles in parking areas or driveways of shoppingcenters and commercial office and apartment complexes. The ordinance shall beapplied to and enforced in a specific center or commercial area uponapplication in writing by the owner or person in general charge of theoperation of such area to the chief law-enforcement officer or other officialdesignated by the ordinance for that purpose.

The provisions of any such ordinance shall be substantially as follows:

Cruising Ordinance.

No person shall drive or permit a motor vehicle under his care, custody, orcontrol to be driven past a traffic control point three or more times withina two-hour period from 6:00 p.m. to 4:00 a.m. Monday through Sunday, in oraround a posted no cruising area so as to contribute to traffic congestion;obstruction of streets, sidewalks, parking lots, or public vehicular areas;impediment of access to shopping centers or other buildings open to thepublic; or interference with the use of property or conduct of business inthe area adjacent thereto.

At every point where a public street or alley becomes or provides ingress toa no-cruising area, there shall be posted a sign which designates"No-Cruising" areas and times.

"Traffic control point," as used in this section, means any point or pointswithin the no-cruising area established by the local law-enforcement agencyfor the purpose of monitoring cruising.

No violations shall occur except upon the third passage past the same trafficcontrol point within a two-hour period.

No area shall be designated or posted as a no-cruising area except upon thepassage of a resolution by the local governing body specifically requiringsuch designation and posting for a particular area.

This ordinance shall not apply to in-service emergency vehicles, taxicabs forhire, buses, and other vehicles being used for business purposes.

Where there is a violation of any provision of this ordinance, alaw-enforcement officer shall charge such violation on the uniform trafficsummons form. The ordinance may further provide that any person violatingthe ordinance shall, upon conviction, be subject to a fine of twenty-fivedollars.

Any person convicted of a second or subsequent violation of the ordinance maybe punished by a fine of not less than $50 nor more than $100 for eachsucceeding violation. No assignment of demerit points shall be made underArticle 19 (§ 46.2-489 et seq.) of this title for any violation of theordinance.

(1990, c. 891; 1993, c. 574.)