CODE OF VIRGINIA

LOCALITIES MAY REGULATE CONSTRUCTION AND PARKING OF COMMERCIAL MOTOR VEHICLES
USED TO TRANSPORT MUNICIPAL SOLID WASTE; PENALTY (§ 46.2-1304.1)

The governing body of any county, city, or town may by ordinance provide that:

   1.  No commercial motor vehicle used to transport municipal solid waste shall
   be parked anywhere within the county, city, or town, except at locations zoned
   or otherwise authorized for such use by applicable ordinance, special
   exception, or variance;

   2.  Any such commercial motor vehicle found parked at a nonauthorized location
   may be towed or removed from that location as provided in § 46.2-1231; and

   3.  The cargo compartment of every commercial motor vehicle that is used to
   transport municipal solid waste shall be so constructed so as to prevent the
   escape of municipal solid waste therefrom. Such ordinances shall exclude from
   their provisions vehicles owned or operated by persons transporting municipal
   solid waste from their residences to a permitted transfer or disposal
   facility.

No such ordinance shall impose, for any violation of any of its provisions, a
penalty greater than provided for a traffic infraction as provided in §
46.2-113. Any such penalty shall be in addition to any vehicle towing and
storage charges.For the purposes of this section, “municipal solid
waste” shall have the meaning prescribed by the Virginia Waste Management
Board by regulation (9VAC20-80-10).For the purposes of this section and local
ordinances adopted under this section, “commercial motor vehicle”
shall have the meaning prescribed in § 46.2-341.4.

HISTORY: 2001, c. 356.