Virginia Law

Chapter 20. Parking Regulations, Appeals and Fines

8VAC103-20-10. Definitions.

A. The following words or terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Employee" means any individual retained for services rendered to the Virginia Museum of Fine Arts (including the employees of the Foundation, Food Services, Special Events, Membership and volunteers) but does not include employees of contractor companies retained by any museum entity.

"Motor vehicle" means any automobile, bus, truck, van, motorcycle or motorized scooter requiring a license or registration for legal street operation.

"Parking Services Manager" means the employee(s) of the agency designated by the Chief Operating Officer of the museum and operating under the authority of the Board of Trustees to enforce this regulation.

"Virginia Museum of Fine Arts" or "VMFA" or "agency" means the educational institutional and all associated entities as defined by § 23-253.4 of the Code of Virginia.

"Visitor" means any person who is legally present on Virginia Museum of Fine Arts property and who is not presently and directly employed by the museum or by a company under contract with the museum.

B. Applicability. This regulation applies to the use and operation of all parking facilities on the VMFA campus, including properties owned or leased by the VMFA Foundation and, with the consent of the property owner, any properties that may be rented, loaned or otherwise provided to any VMFA entity in support of any event or other purpose where motor vehicle parking is to be provided.

Statutory Authority

§ 23-9.2:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 7, eff. December 11, 2006.

8VAC103-20-20. General provisions.

A. Registration requirements.

1. All employees parking motorized vehicles on the Virginia Museum of Fine Arts campus must display a parking permit issued by the Parking Services Manager, unless the employee has parked in a designated visitor parking area and is paying the going daily rate.

2. Failure to properly register employee vehicles and to display the permit may result in a fine for the parking violation and possible immobilization of the vehicle.

B. Eligibility for permanent parking permits.

1. A current VMFA ID card, or other evidence of eligibility (authorizing signature on a ID card request form or a letter of employment) will be required when registering for a permanent parking permit.

2. Employees may register motorcycles, mopeds, or motorized scooters in addition to passenger vehicles. No more than one registered employee vehicle may be parked in the designated staff parking area at any time.

3. All vehicles registered must be owned by the registrant or a member of the registrant's family.

4. Each trustee will be automatically issued an ID card that serves as a permanent parking pass for the term of his appointment to the board. Trustees unable to produce their electronic ID card will pay the going daily visitor rate to exit the parking facility.

C. Volunteer and intern parking.

1. Departments using the services of volunteer staff may register with the Parking Services Manager for parking privileges at no charge for their use of a limited number of designated parking spaces. Volunteer permits are valid for no more than a single year (12 months).

2. Departments using the services of interns should direct such persons to visit the Parking Services Office to obtain a temporary parking permit. No fee will be collected for the temporary permit assigned for the terms and duration of the assignment. Availability of permits is limited. Interns will be permitted to park in designated areas as space is available.

3. All permits will be recovered and returned to the Parking Services Manager at the termination of the respective agreement.

D. Visitor parking.

1. Visitors may park in the park and pay facilities or pay-by-the-hour parking areas. All visitors are subject to receiving fines or being immobilized or towed for unauthorized parking in permit only or nonparking areas.

2. Only the Parking Services Office may authorize a visitor to park in an area not designated for visitors.

E. Temporary permits/museum guest parking.

1. Departments receiving guests may purchase from the Parking Services Office a temporary parking permit at a reduced daily rate.

2. Employees of companies involved in construction or similar projects on campus may park in a designated job site without a permit. This area should be defined in cooperation with the Parking Services Manager. When parking outside the designated zone, a permit is required and must be purchased from the Parking Services Office.

F. Permit usage and requirement.

1. A permanent parking permit or a temporary permit displayed from the rearview mirror of a passenger vehicle (or in the wind screen of vehicles without rearview mirrors), is required for parking on the VMFA campus in any area other than park and pay and pay-by-the-hour areas. Convertibles, jeeps, or other open top vehicles that may leave a temporary permit unsecured may be issued special decals to be affixed to the windshield.

2. Motorcycles and similar vehicles shall have the parking permit permanently affixed to the vehicle on the front or back fender for visibility. Motorcycles are prohibited from parking in bicycle racks, fire lanes, yellow zones, sidewalks, decks, handicap spaces, access zones, or any other unauthorized space.

3. While permits may be transferred to any vehicle driven by the permit holder, the registered permit holder is responsible for all citations issued to that permit. Permits are not transferable from person to person. No permit is considered legal unless it is purchased directly from the Parking Services Office by the individual and the individual is currently eligible for the permit issued. Vehicles displaying illegal permits will be issued a citation in addition to being immobilized or towed at owner's expense.

4. It is the responsibility of the registrant to remove permanent parking permits from a vehicle when it is sold, transferred or otherwise disposed of.

5. Failure to obtain and display a valid permit may result in parking fines or immobilization of the vehicle until fines are paid.

G. Refunds on parking permits.

1. Employees terminating employment must turn in their permit in order to receive a prorated refund. Employees will be charged from the time the permit was issued through the full month in which they are requesting a refund. Refunds are issued after any remaining debts are paid to the department.

2. No refunds will be given on temporary permits.

H. Replacement of permits.

1. If a hangtag malfunctions, the permit holder may obtain a replacement at no charge by returning the defective permit to the Parking Services Office. If a windshield decal stops adhering, the permit holder may obtain a replacement at no charge by returning the defective permit to the Parking Services Office.

2. If a permanent permit is lost, stolen, or nonreturnable, a charge of $5.00 will be assessed for a replacement.

I. Short-term parking.

1. Metered spaces are provided for the short-term parking convenience of persons visiting the ticket office, museum restaurants or VMFA shop. When the ticket office, restaurants and the shop are normally open, the metered spaces will be limited to short-term parking only.

2. Enforcement.

a. Meter parking is enforced: 7 a.m. until 9:30 p.m. everyday.

b. Persons with a valid DMV-issued handicap license plate or hangtag may use the metered parking spaces at no charge for the first four hours. After four hours the standard rate for the parking space applies.

c. A VMFA parking permit is not valid as payment at meters.

d. Parking or standing at an expired meter is not allowed and will result in a fine.

J. Missing or inoperable meters.

1. Inoperable meters are considered closed spaces; vehicles parked in these spaces are subject to a parking violation. Missing and inoperable meters should be reported to the Parking Services Office immediately for replacement or repair.

2. Cases of meter vandalism may be tried in a Virginia court of law as destruction of property or larceny, in addition to any violation issued.

3. Valid currency.

a. Only United States currency may be used in parking meters.

b. Federal law prohibits the use of other currency, altered U.S. currency, or other objects.

K. Loading and unloading spaces.

1. Loading and unloading is permitted only in designated areas and in accordance with the signing of that space. Prohibited and restricted areas, handicapped spaces, fire lanes, and meters are not designated for loading and unloading.

2. Any vehicle loading or unloading in these areas is subject to a fine, or towing, at owner's risk and expense.

3. Use of loading/unloading spaces.

a. A valid VMFA permit must be displayed in order to park in a loading/unloading space.

b. Loading/unloading parking is limited to the posted time limit unless the Parking Services Office grants an exception for special circumstances. Vehicles exceeding the posted time limit are subject to a fine.

L. Parking space availability. The purchase of a parking permit gives the permit holder the right to park in a designated area only when there is space available in that location. The purchase of a parking permit does not guarantee the purchaser access to a parking space at all times.

M. Liability disclaimer. VMFA, the Commonwealth of Virginia, and agents of VMFA do not assume responsibility for any vehicle or its contents when parked on museum property. The museum and the state do not assume responsibility for damage to vehicles that are booted, immobilized, or towed due to violations incurred or as a result of other violations.

Statutory Authority

§ 23-9.2:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 7, eff. December 11, 2006.

8VAC103-20-30. Enforcement of parking regulations.

A. Enforcement in general.

1. The chief operating officer of the agency has the overall responsibility for monitoring the enforcement of parking regulations and to direct the creation of new or revision of existing regulations, enforcement procedures, and appeals processes.

2. The agency's Protective Services Department and specified licensed security officers employed by private security companies that are contracted by the agency have the authority and duty to enforce the museum's parking regulations through issuing parking permits, issuing parking citations, coordinating lawful vehicle removal/transfer, immobilization of vehicles, collection of fines, and to provide a fair method for appealing citations issued.

3. No vehicle operator, including museum employees, shall park a vehicle that violates any of these rules and regulations. Any vehicle found violating these regulations is subject to a fine.

B. Limitations on enforcement. Only regulations pertaining to the parking of motor vehicles enacted by the Commonwealth of Virginia in this regulation are to be enforced within the jurisdiction described in 8VAC103-20-10 B. Operators of vehicles in violation of the rules and regulations may only be subject to citation, fine, immobilization of the vehicle, or towing of the vehicle at the owner's risk and expense.

C. Payment of fines for parking violations.

1. Unless otherwise specified, tickets must be paid within 10 days of citation issue date.

2. Delinquencies are referred to a collection agency, the Virginia Department of Taxation Division of Set-Off Debt Collection, and credit bureaus. If the account remains unpaid, the individual becomes responsible for the payment of all additional agency costs. Collection costs may be as much as one-third of the balance due to the agency.

D. Parking offenses and enforcement actions.

1. Multiple citations. A vehicle may be issued multiple citations and fines for multiple violations at one time. A vehicle may be issued additional citations for the continued noncompliance of parking regulations, not to exceed one citation per four-hour period for the same violation.

2. Towing.

a. A vehicle may be towed from one area to another for violations of certain restrictions. Vehicles may be moved to an appropriate location or to an impoundment location. All towing arising from enforcement actions is at the owner's risk and expense. Any vehicle impeding the flow of traffic, whether in a roadway or parking lot, is subject to towing at the owner's risk and expense. Towing without notification can occur under certain circumstances.

b. Towing tickets cannot be appealed. All towing tickets must be paid within 10 days of citation issue date.

3. Booting.

a. A vehicle may be immobilized (booted) if its registered driver or owner accrues $300 or more of unpaid fines, has outstanding late fines in excess of 10 days, or the vehicle has been determined to be abandoned.

b. Tampering with a booted vehicle, without payment and release by an authorized museum staff member, may result in additional action(s) being taken by the museum in accordance and compliance with all applicable laws.

c. All booting arising from enforcement actions is at the owner's risk and expense. Booting without notification can occur under certain circumstances.

d. Booting tickets cannot be appealed. All booting tickets must be paid within 10 days of citation issue date.

4. Fire lane violation. A vehicle parked in a fire lane or a roadway is subject to towing at the owner's risk and expense.

5. Handicapped space violation. A vehicle improperly parked in a handicapped area is subject to towing at the owner's risk and expense without notice.

6. Reserved space violation. A vehicle improperly parked in a reserved space is subject to towing at the owner's risk and expense without notice.

7. Blocking of egress or ingress. Any vehicle that blocks, impedes, or restricts another vehicle's ability of egress or ingress as a result of violating a parking regulation is subject to towing, at the owner's risk and expense without notice.

8. Overnight parking.

a. Parking facilities at the museum are intended solely for the use of persons with business at the museum during established hours.

b. Overnight parking is permitted for staff on official travel and members and guests on council sponsored excursions only; no other overnight parking is permitted. Those requiring overnight parking for established purposes are to contact the Parking Services Office to make arrangements.

c. Vehicles parked overnight without authorization may be subject to a fine or towing at the owner's risk and expense without notice.

Statutory Authority

§ 23-9.2:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 7, eff. December 11, 2006.

8VAC103-20-40. Parking citation appeals.

A. Appeals in general.

1. The procedures provided herein apply to all Virginia Museum of Fine Arts staff, volunteers, contractors, visitors, and others who use agency parking facilities. This procedure is designed to assist the museum's chief operating officer in evaluating the parking program, to highlight problem areas, to provide an avenue to correct enforcement errors, and to provide a means of redress.

2. The chief operating officer has the responsibility of monitoring the policy and directing creation of new or revision of existing policies and procedures.

B. Appeals procedure.

1. Requests for an appeal may be done in person within 10 calendar days of the issue date of the citation.

2. Head, Risk Management and Protective Services will normally function as the appeals officer, the chief operating officer in his absence.

3. The appeals officer will carefully review each appeal. The appeals officer will base his decision on this regulation and on the information presented. The appeals officer may approve the appeal (dismiss the citation), deny the appeal (uphold the citation), or downgrade the violation to an appropriate lesser violation.

4. The appellant can appeal the decision of the hearing officer (see subsection G of this section, Parking Appeals Board). Any fines due after the appeal has been heard must be paid within 15 days of notice of the decision.

5. Failure to pay will result in the accumulation of late fees and the individual's outstanding account being turned over to a collection agency, the Virginia Department of Taxation Division of Set-Off Debt Collection, and credit bureaus. If the account remains unpaid, the individual becomes responsible for the payment of all additional agency costs. Collection costs may be as much as one-third of the balance due.

6. Any staff, volunteer, or visitor may appeal in person or fill out a parking citation appeal form within 10 calendar days of the citation. Forms are available from the Parking Services Manager. Contact the Parking Services Office for office hours and location of hearing officer.

7. Fines associated with appealed citations need not be paid until the appellant is advised of the decision. All appeals must be submitted with the appellant's name, address, and telephone number. Appeals submitted without this information will not be processed.

C. Hearing officer decision guidelines.

1. The citation and fine is presumed valid. It is the obligation of the appellant to present information that would invalidate the ticket.

2. Reasons that might warrant invalidation of the ticket are evidence of illness that necessitated the violation, mechanical breakdowns that were handled in a reasonably expeditious manner, documented erroneous information given by a Parking Services Office employee, or other circumstances that are unusual enough to warrant special consideration.

3. Reason to warrant a downgrade of the ticket are when further information that was not readily available to the citing officer is provided to the reviewer as a justification for the downgrade, valid misunderstandings regarding ambiguous parking areas in the judgment of the reviewer, etc.

4. A specific reason for denial need not be given. A general statement can be made that a sufficient reason for reversal was not made.

D. Time limit on filing appeals. Failure to file an appeal in 10 calendar days of the issue date of the citation will result in the addition of a late fee of $10 to the fine in accordance with this regulation. No appeals will be considered more than 30 calendar days from the issue of the citation.

E. Final appeal, parking board of appeals. Hearing officer determinations may be appealed to the appeals board. Notification of a determination will provide information stating if an additional appeal process is available as an option. A request for reconsideration of denied appeals to an appeals board must be made within 10 calendar days from the time a decision was made by the hearing officer. For an appeal to be reconsidered by the appeals board, the appellant must schedule a hearing and be present at that hearing. The appellant will have the opportunity to present his case directly to the board members. The decision of the board members is final.

F. Parking citation and fine liability. Ultimately, the registered owner of a vehicle is responsible for all citations and fines issued to said vehicle whether or not the owner was in fact the driver. In addition to the registered owner of the vehicle, the holder of a VMFA parking permit may also be held financially responsible for citations and fines issued to the vehicle for which the permit is registered.

G. Parking appeals board. A parking appeals board will be appointed monthly and convene twice a month to hear parking citation appeals and advise the chief operating officer on parking related matters. The board consists of three VMFA staff members rotationally selected by the Office of Human Resources.

Statutory Authority

§ 23-9.2:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 7, eff. December 11, 2006.

8VAC103-20-50. Schedule of fines.

Statutory Authority

§ 23-9.2:3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 7, eff. December 11, 2006.