(a) The Sheriff is hereby authorized to enforce this chapter and all rules, regulations and penalties relating to parking on County and school parking garages or surface parking lots. The Sheriff or Deputy shall attach to any vehicle whose operator is in violation of any of the provisions of Sections 482.02 and 482.03 a Notice of Violation, indicating that such vehicle has been parked in violation of one or more of the provisions of such sections.
(b) The County Administrator is also authorized to appoint Loudoun County personnel and/or personnel serving under contract with the County to enforce the provisions of this chapter, in addition to the Sheriff’s Office. Such personnel shall wear a uniform as prescribed by the County Administrator.
(c) The Sheriff may have offending vehicles removed by towing or otherwise, or immobilized by a boot or other device that prevents the vehicle from being moved. The owner of the vehicle shall be responsible for all charges for towing and storage or for charges for removal of the boot or other device.
As soon as practicable, the Sheriff or his or her designee shall notify the owner of the removed or immobilized vehicle the circumstances of the prior unsettled parking citations for which the vehicle was removed or immobilized. In any case involving immobilization of a vehicle, there shall be placed on the vehicle, in a conspicuous manner, a notice warning that the vehicle has been immobilized and that any attempt to move the vehicle might damage it.
The owner of an immobilized vehicle, or other person acting on his behalf, shall be allowed at least 24 hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of the vehicle within that time period may result in the removal of the vehicle to a storage area for safekeeping under the direction of law enforcement personnel.
The owner of the removed or immobilized vehicle or other person acting on his behalf, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking civil penalties for which the vehicle was removed or immobilized and by payment of all costs incidental to the immobilization, removal, and storage of the vehicle, and the efforts to locate the owner of the vehicle. Should the owner fail to refuse to pay such fines and costs, or should the identity or whereabouts of the owner be unknown and unascertainable, the County Administrator or his or her designee may proceed with the sale of the vehicle in accordance with the procedures set forth in § 46.2-1213 of the Code of Virginia.
(d) In any prosecution charging a violation of this chapter or any rule or regulation promulgated hereunder, proof that the vehicle described in the complaint, summons, Notice of Violation, citation or warrant was parked in violation of this chapter, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, shall constitute in evidence a prima-facie presumption that such registered owner was the person who committed the violation.
(Ord. 96-06. Passed 9-4-96; Ord. 19-19. Passed 12-11-19.)