Cape Charles Town Council approved a resolution requesting that the Virginia General Assembly grants the town the ability to create an ordinance that would control the types of vehicles allowed to park on town streets.
All watercraft, boat trailers, motor homes, and camping trailers would be forbidden.
The resolution stems from complaints that have been received in the past regarding the storage of watercraft and trailers on the town’s streets.
Town Code § 42-90 addresses this issue currently prohibiting the parking of “travel trailers, coaches, motorized dwellings, tent trailers, boat trailers, amphibious houseboats and the like” on “any public street or public right-of-way for more than 48 hours” but since the Commonwealth of Virginia is a Dillon Rule state, the ordinance cannot be enforced without official authorization by the Virginia General Assembly.
Code of Virginia § 46.2-1222.1 currently authorizes the Counties of Arlington, Fairfax, Hanover, Stafford and Prince William, and the Towns of Blackstone, Clifton, Herndon, Leesburg and Vienna to regulate or prohibit the parking on any public highway “of any or all of the following: i) watercraft; ii) boat trailers; iii) motor homes; and iv) camping trailers.”
The resolution is as follows:
RESOLUTION 20181115
REQUESTING REGULATORY AUTHORITY FROM THE VIRGINIA GENERAL ASSEMBLY FOR THE TOWN OF CAPE CHARLES TO REGULATE PARKING OF CERTAIN VEHICLES ON TOWN STREETS
WHEREAS, the streets in the historic district of the Town of Cape Charles are narrow with parallel parking permitted on both sides; and
WHEREAS, the storage of watercraft and their trailers on the Town’s streets creates a public safety issue with vehicles having to cross the center lines to navigate the streets; and
WHEREAS, the Commonwealth of Virginia is a Dillon Rule state where local governments have limited authority and can pass ordinances only in areas where the General Assembly has granted clear authority; and
WHEREAS, Town Code § 42-90 addresses this issue by prohibiting the parking of “travel trailers, coaches, motorized dwellings, tent trailers, boat trailers, amphibious houseboats and the like” on “any public street or public right-of-way for more than 48 hours,” it cannot be enforced without the Town being granted the authority to do so; and
WHEREAS, Code of Virginia § 46.2-1222.1 currently authorizes the Counties of Arlington, Fairfax, Hanover, Stafford and Prince William, and the Towns of Blackstone, Clifton, Herndon, Leesburg and Vienna to regulate or prohibit the parking on any public highway “of any or all of the following: i)watercraft; ii) boat trailers; iii) motor homes; and iv) camping trailers;”
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Cape Charles requests the Virginia General Assembly grant clear authority to the Town of Cape Charles to regulate or prohibit the parking of certain vehicles on the Town’s streets to ensure the safety of the Town’s residents
and visitors.
Adopted by the Town Council of Cape Charles on this 15th day of November 2018.