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Virginia Regulatory Town Hall

Proposed Text

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Action:
Review of Rules for the Administration of Waysides, Rest Areas, ...
Stage: Proposed
1/27/25  2:20 PM
 
24VAC30-50-10 Waysides and rest areas.  (Repealed.)

A. Waysides identified by name and without lights shall be open from 8 a.m. to one hour after sunset. Areas having security lighting will be open at all times.

B. When an area is posted for limited parking, the operator of each vehicle may be required to sign a register setting forth the time of arrival.

C. When posted, parking shall be limited to the period specified.

D. No overnight parking will be permitted.

E. Camping is not permitted at any time.

F. Sleeping in any section of the rest area building is not permitted at any time.

G. No vehicle shall be parked in such manner as to occupy more than one marked parking space.

H. No domestic animals shall be permitted to go at large. Dogs must be kept on leash and shall not be taken into any shelter or other building; guide, hearing, or service dogs as defined by the Code of Virginia are an exception to this rule.

I. No person shall pick any flowers, foliage, or fruit, or cut, break, dig up, or in any way mutilate or injure any tree, shrub, plant, grass, turf, railing, seat, fence, structure, or anything within this area; or cut, carve, paint, mark or paste on any tree, stone, fence, wall, building, monument or other object therein, any bill, advertisement, or inscription whatsoever.

J. No person shall disturb or injure any bird, birds' nests or eggs, or any squirrel or other animal within this area.

K. No person shall dig up or remove any dirt, stones, rock or other thing, make any excavation, quarry any stone or lay or set off any blast, or cause or assist in doing any of said things within this area without the special order or license of the commissioner.

L. No threatening, abusive, boisterous, insulting or indecent language or gesture shall be used within this area. Nor shall any oration, or other public demonstration be made, unless by special authority of the commissioner.

M. No person shall offer any article or thing for sale within this area except by permission of the Commonwealth Transportation Board.

N. No person shall bathe or fish in any waters within this area, except in such places and subject to such regulations as the commissioner may, from time to time, specially designate by a public notice set up for that purpose within the same.

O. No person shall light, kindle or use any fire within this area, except at fireplaces designed and built for such purposes and the person or persons building a fire therein will be responsible for having it completely extinguished before leaving it.

P. No person shall discharge or set off within this area, any firearms, firecrackers, torpedoes, rockets, or other fireworks, except by permit from the commissioner.

Q. No bottles, broken glass, ashes, waste paper, or other rubbish shall be left within this area, except at such places as may be provided for the same.

R. No automobile or other vehicle shall be taken into or driven upon this area, except upon such drives and subject to such regulations as the commissioner may, from time to time, designate by a public notice set up for that purpose within the same.

S. Any person violating any of the preceding rules and regulations shall be guilty of a misdemeanor and, upon conviction, be fined not less than five dollars nor more than $100 for each offense.

24VAC30-51-10 Provisions concerning the use of waysides, rest areas, parking lots and environs

A. While in waysides, rest areas, parking lots and their environs, all persons shall obey official posted signs and public notices.

B. Camping is not permitted in waysides, rest areas, parking lots and their environs.

C. No person may park a vehicle in such a manner as to occupy more than one parking space in waysides, rest areas, or parking lots.

D. No person may paste, attach or place bills, advertisements, or inscriptions on vehicles parked in waysides, rest areas or parking lots.

E. No domestic animals may go at large in waysides, rest areas, parking lots and their environs.

F. While in waysides, rest areas, parking lots and their environs, no person may pick any flowers, foliage, or fruit; cut, break, dig up, mutilate, or injure trees, shrubs, plants, grass, turf, railings, seats, fences, structures or other objects; or cut, carve, paint, mark, paste, or attach bills, advertisements, or inscriptions on trees, stones, fences, walls, buildings, monuments, or other objects.

G. No person may disturb or injure any bird, birds' nests or eggs, or other animal within waysides, rest areas, parking lots and their environs,

H. No person may dig up or remove any dirt, stones, rock, or other thing, make any excavation, quarry any stone, or lay or set off any blast, or cause or assist in any of these activities within waysides, rest areas, parking lots and their environs, except by permit issued pursuant to the Land Use Permit Regulations (24VAC30-151).

I. No oration, demonstration, picketing, public display, assembly, dissemination, or similar activity may occur in waysides, rest areas, parking lots or their environs, except as may be allowed in sections 30 and 40 of this chapter. This prohibition does not apply to the Virginia Department of Transportation.

J. No person may offer any article or thing for sale within waysides, rest areas, parking lots and their environs except pursuant to a vendor contract with the Virginia Department of Transportation, by permit in accordance with the Land Use Permit Regulations (24VAC30-151), or as permitted by section 40 of this chapter.

K. No person may discharge or set off, within waysides, rest areas, parking lots and their environs, firearms, fireworks as defined in § 27-95 of the Code of Virginia, or other incendiary device, except by permit issued pursuant to the Land Use Permit Regulations (24VAC30-151).

L. No bottles, broken glass, wastepaper, or other rubbish may be left within waysides, rest areas, parking lots or their environs, except in such receptacles as may be provided for the same.

M. Vehicles may only be taken into or driven upon designated locations within waysides, rest areas, parking lots and their environs. Drivers shall obey all traffic signs and markings posted in waysides, rest areas, and parking lots.

N. Any person found in violation of this chapter shall be guilty of a misdemeanor and, upon conviction, be fined not less than five dollars nor more than $100 for each offense, and shall be civilly liable to the Commonwealth for all actual damage caused by a violation of this chapter.

24VAC30-51-20 Provisions governing waysides

A. Unless otherwise posted, waysides identified by name and without lights are open from 8 a.m. until one hour after sunset, and waysides having security lighting are open at all times.

B. When posted, parking in waysides shall be limited to the period specified.

C. Overnight parking in waysides is not permitted.

D. Unless otherwise posted, no person may swim or fish in any waters within a wayside.

E. No person may light, kindle, or use a fire within a wayside or its environs, except at designated areas designed and built for such purposes, and the person building a fire therein is responsible for having it completely extinguished before leaving it. Ashes shall be removed from the designated areas and disposed of in such receptacles as may be provided for their disposal.

24VAC30-51-30 Provisions governing rest areas

A. Overnight parking is not permitted in rest areas.

B. Sleeping in any section of the rest area building is not permitted at any time.

C. Dogs may not be taken into any rest area building; guide, hearing or service dogs as defined by the Code of Virginia are an exception to this rule.

D. No person may light, kindle, or use a fire within a rest area or its environs, except at designated areas designed and built for such purposes, and the person building a fire therein is responsible for having it completely extinguished before leaving it. Ashes shall be removed from the designated areas and disposed of in such receptacles as may be provided for their disposal.

E. Notwithstanding the provisions of this chapter, state government entities may request permission for activities at and uses and occupation of rest areas not otherwise prohibited by state or federal law, and the Virginia Department of Transportation may grant such requests at its discretion.

24VAC30-51-40 Provisions governing parking lots

A. Overnight parking may be restricted in accordance with posted signs.

B. In accordance with a permit issued pursuant to the Land Use Permit Regulations (24VAC30-151), the Commonwealth Transportation Board may permit persons, organizations, or groups to use these lots or their environs for various purposes or events when the use will not interfere with or disrupt the normal and intended functions of the lots.

1. No activities will be permitted that would constitute a violation of, or that are inconsistent with, the provisions of this chapter, state or federal law, or local ordinances, including noise ordinances.

2. Events must provide reasonable safety for all participants, spectators, other parking lot users, and the public.

3. Events must preserve the aesthetic appearance of buildings and grounds and provide for the removal of waste that may be left by event participants or spectators.

4. Requests for permits generally will be considered on a first-come, first-served basis. Parking lots may only be available for permitted events on Saturdays and Sundays. No more than one event will be scheduled for the same time on the same day. This includes permitted setup and takedown time.

5. The Virginia Department of Transportation may require the cancellation of a permitted event and the immediate removal of all related equipment if the permittee violates the permit conditions, does not preserve public safety or order, or does not prevent damage to the parking lot and its environs during the permitted event.

C. Except as authorized by the terms of a land use permit issued to a mobile food vendor, no person may light, kindle, or use any fire within parking lots or their environs.

D. Mobile food vending.

1. Mobile food vending shall be allowed within commuter lots in Planning District 8, and may be allowed in other parking lots, except parking lots that meet at least one of the following conditions:

a. Parking lots or the portions thereof determined to be part of the Interstate system.

b. Parking lots that, as of the last Virginia Department of Transportation survey, had occupancy rates of 98% or higher, except that mobile food vending may be permitted in such lots (i) if a paved area, the use of which does not include or block access to one or more parking spaces, is available within the lot; (ii) if the vending is from a non-motorized cart on sidewalks, provided that the vehicle that is used to transport the cart is not parked in the parking lot; or (iii) on weekends.

c. Parking lots that have been requested by the locality in which the lot is located to not be made available for mobile food vending.

2. Permission for mobile food vending shall be granted through a land use permit issued to the mobile food vendor in accordance with the Land Use Permit Regulations (24VAC30-151).

3. In order for a mobile food vendor to be granted or to retain a land use permit for mobile food vending at parking lots pursuant to this subsection, the vendor must comply with all of the following:

a. All relevant locality and Department of Health policies and requirements for mobile food vending.

b. All conditions and requirements set forth within or attached to the land use permit, which may include provisions relating to the location of the vending unit, the collection and disposal of litter, a limitation on vending times, a requirement for minimum insurance, and the provision of surety.

c. Posted signs or public notices setting out regulations or requirements for the use of the parking lot.

d. Ensuring that mobile food vending shall be conducted with pedestrians only, and may not be conducted with occupants of vehicles.

e. Neither the mobile food vendor nor the vending operation may interfere with the intended operation of the parking lot and the safety of the lot's users. The determination of interference shall be solely within the discretion of the Virginia Department of Transportation.

f. The mobile food vendor may not post advertising within or upon the grounds of the parking lot or its environs. Advertising on the mobile food vending unit (vehicle, trailer or pushcart), promoting the products or services offered by the mobile food vendor at that mobile food vending unit, shall not be considered a violation of this subdivision.

4. Failure to comply with subdivision 3 will result in the revocation of the land use permit.

24VAC30-100-10 Parking lots and environs.  (Repealed.)

A. While in this area all persons shall be subject to such regulations as the commissioner may designate by posted signs or public notice posted within the area.

B. No vehicle shall be parked in such a manner as to occupy more than one parking space.

C. No person shall paste, attach or place on any vehicle parked in this lot any bill, advertisement or inscription whatsoever.

D. No bottles, broken glass, ashes, waste paper, or other rubbish shall be left within this area except in such receptacles as may be provided for the same.

E. No person shall pick any flowers, foliage, or fruit; or cut, break, dig up or in any way mutilate or injure any tree, shrub, plant, grass, turf, fence, structure, or anything within this area; or cut, carve, paint, mark, paste, or in any way attach on any tree, stone fence, wall, building, or other object therein, any bill, advertisement, or inscription whatsoever.

F. No person shall disturb or injure any bird, birds' nest or eggs, or any squirrel or other animal within this area.

G. No threatening, abusive, boisterous, insulting or indecent language, or gesture shall be used within this area; furthermore, no oration or other public demonstration be made, except by permit from the commissioner.

H. No person shall offer any article or thing for sale within this area except by permission of the commissioner.

I. Mobile food vending.

1. Mobile food vending shall be allowed within commuter lots in Planning District 8 except lots that meet at least one of the following conditions:

a. Commuter lots or the portions thereof determined to be part of the interstate system.

b. Commuter lots that, as of last Virginia Department of Transportation (VDOT) survey, had occupancy rates of 98% or higher, except that mobile food vending may be permitted in such lots (i) if a paved area, the use of which does not include one or more parking spaces or block one or more parking spaces, is available within the lot; (ii) if vending is from a nonmotorized cart on sidewalks, provided that the vehicle used to transport the cart is not parked within the commuter lot; or (iii) on weekends.

c. Commuter lots that have been requested by the locality to not be made available for mobile food vending.

2. Permission for mobile food vending shall be granted through a land use permit issued to the mobile food vendor in accordance with the Land Use Permit Regulations (24VAC30-151).

3. In order for a mobile food vendor to be granted or to retain a land use permit for mobile food vending at commuter lots pursuant to this subsection, the vendor must comply with all of the following:

a. All relevant locality and Department of Health policies and requirements for mobile food vending.

b. All land use permit conditions and requirements set forth within or attached to the land use permit, which may include provisions relating to the location of the vending unit, the collection and disposal of litter, a limitation on vending times, a requirement for minimum insurance, and the provision of surety.

c. Posted signs or public notices setting out regulations or requirements for the use of commuter lots.

d. Mobile food vending shall be conducted with pedestrians only and shall not be conducted with occupants of vehicles.

e. Neither the mobile food vendor nor the vendor's operation shall interfere with the operation of the commuter lot and the safety of the lot's users, and the determination of whether the mobile food vendor or the vendor's operation is interfering with the operation of the commuter lot or the safety of the lot's users shall be solely within the discretion of VDOT.

f. The mobile food vendor shall post no advertising within or upon the grounds of the commuter lot. Advertising on the mobile food vending unit (vehicle, trailer, or pushcart), promoting the products or services offered by the mobile food vendor at that mobile food vending unit, is not considered a violation of this section.

Failure to comply with this subdivision 3 will result in the revocation of the permit.

J. Except as authorized by the terms of a land use permit issued to a mobile food vendor, no person shall light, kindle, or use any fire within this area.

K. No person shall discharge or set off within this area, any firearms or fireworks, except by permit from the commissioner.

L. Any person violating any of the preceding rules and regulations shall be guilty of a misdemeanor and, upon conviction, be fined not less than five dollars nor more than $100 for each offense.