Virginia Code 46.2-1303: Issuance of permits to perform construction or repair work within right-of-way lines of public roadways
The governing body of any county, city, or town having jurisdiction over and responsibility for the construction and maintenance of public roadways within its boundaries may by ordinance authorize an officer or agency of such political subdivision to issue a permit prior to the performance by any person, firm, partnership or corporation of construction and repair work within the right-of-way lines of any public highways under the jurisdiction of the political subdivision. Such authority, however, shall not extend to any railroad crossings or to any highways under the jurisdiction of the Virginia Department of Transportation. Such ordinance may provide that:
Terms Used In Virginia Code 46.2-1303
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- 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
1. No person, firm, partnership or corporation shall enter into any repair, alteration, construction, or reconstruction of any type whatever, other than emergency repairs to or maintenance of public utility facilities within the right-of-way lines of any public highway without first having obtained a permit for such work from the agency or officer designated by such ordinance.
2. Such permit may require the notification of all emergency services likely to be affected by such repair, alteration, construction or reconstruction; the types of traffic control devices necessary to properly warn the motoring public and provide for reinspection by the appropriate authority from time to time and at the conclusion of such repair, alteration, construction, or reconstruction.
3. The owner or owners of any such firm, partnership or corporation shall be subject to arrest for a violation of this section or his representative on the site, if the owner is not present.
4. The person, firm, partnership, or corporation requesting such permit shall be responsible for furnishing and maintaining the required traffic control devices in accord with the Virginia Manual of Uniform Traffic Control Devices for Streets and Highways.
5. The penalty for violation of such ordinance shall be a fine of not less than $25 nor more than $100 for the first offense and not less than $100 nor more than $500 for the second and subsequent offenses.
1972, c. 105, § 46.1-180.3; 1989, c. 727.