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Official Opinions

 

April 2009 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

09-009

The Honorable Richard L. Saslaw
Member, Senate of Virginia

The Honorable Robert D. Hull
Member, House of Delegates

The Honorable James M. Scott
Member, House of Delegates

No authority under § 46.2‑1209 for county to enact ordinance prohibiting persons from parking and leaving vehicles ‘unattended’ on public residential streets. Term ‘unattended’ should be given its ordinary meaning, ‘lacking a guard, escort, caretaker, or other watcher’ or ‘unaccompanied.’ Pursuant to § 46.2‑1213, county may enact ordinances to provide for removal of certain vehicles that are: (1) left unattended on public highways or other public property that constitute traffic hazard; (2) illegally parked; (3) left unattended for more than ten days on public property; or (4) immobilized on public roadway by weather or other emergency conditions. Pursuant to § 46.2‑1220, county may enact ordinance to regulate parking, stopping, and standing of vehicles within its jurisdictional limits, subject to limitations imposed in other sections of Article 3, Chapter 12 of Title 46.2.