A. It shall constitute a traffic infraction for any person to park a vehicle that (i) is not a plug-in electric motor vehicle, as defined in § 56-1, or (ii) is a plug-in electric motor vehicle, as defined in § 56-1, that is not in the process of charging in a parking space adjacent to an electric vehicle charging station that is clearly marked as reserved for charging plug-in electric motor vehicles. A violation of this subsection is subject to a civil penalty of not more than $25.

Terms Used In Virginia Code 46.2-1219.3

  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Summons: Another word for subpoena used by the criminal justice system.
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
  • Traffic infraction: means a violation of law punishable as provided in § 46. See Virginia Code 46.2-100
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100

B. No civil penalty shall be imposed pursuant to the provisions of this section or any local ordinance adopted pursuant to this section unless the parking space reserved for charging plug-in electric motor vehicles has a sign that includes the following language: “PENALTY, UP TO $25.” Such language may be placed on a separate sign and attached below any sign indicating that the space is reserved for charging plug-in electric motor vehicles. In the case of a local ordinance adopted pursuant to subsection C, the sign shall indicate the amount of the civil penalty if such ordinance imposes a civil penalty.

C. The governing body of any county, city, or town may adopt an ordinance not inconsistent with the provisions of this section. The civil penalty for violating any such ordinance shall not exceed the civil penalties provided in subsection A.

D. In the prosecution of an offense established under this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was parked in violation of this section, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. A violation of this section may be charged on the uniform traffic summons form.

2022, c. 758.

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