46.2-1304.1 - Localities may regulate construction and parking of commercial motor vehicles used to transport municipal solid waste; penalty.
§ 46.2-1304.1. Localities may regulate construction and parking of commercialmotor vehicles used to transport municipal solid waste; penalty.
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 shallbe parked anywhere within the county, city, or town, except at locationszoned or otherwise authorized for such use by applicable ordinance, specialexception, or variance;
2. Any such commercial motor vehicle found parked at a nonauthorized locationmay 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 totransport municipal solid waste shall be so constructed so as to prevent theescape of municipal solid waste therefrom. Such ordinances shall exclude fromtheir provisions vehicles owned or operated by persons transporting municipalsolid waste from their residences to a permitted transfer or disposalfacility.
No such ordinance shall impose, for any violation of any of its provisions, apenalty greater than provided for a traffic infraction as provided in §46.2-113. Any such penalty shall be in addition to any vehicle towing andstorage charges.
For the purposes of this section, "municipal solid waste" shall have themeaning prescribed by the Virginia Waste Management Board by regulation(9VAC20-80-10).
For the purposes of this section and local ordinances adopted under thissection, "commercial motor vehicle" shall have the meaning prescribed in §46.2-341.4.
(2001, c. 356.)