46.2-1303 - Issuance of permits to perform construction or repair work within right-of-way lines of public roadways.
§ 46.2-1303. Issuance of permits to perform construction or repair workwithin right-of-way lines of public roadways.
The governing body of any county, city, or town having jurisdiction over andresponsibility for the construction and maintenance of public roadways withinits boundaries may by ordinance authorize an officer or agency of suchpolitical subdivision to issue a permit prior to the performance by anyperson, firm, partnership or corporation of construction and repair workwithin the right-of-way lines of any public highways under the jurisdictionof the political subdivision. Such authority, however, shall not extend toany railroad crossings or to any highways under the jurisdiction of theVirginia Department of Transportation. Such ordinance may provide that:
1. No person, firm, partnership or corporation shall enter into any repair,alteration, construction, or reconstruction of any type whatever, other thanemergency repairs to or maintenance of public utility facilities within theright-of-way lines of any public highway without first having obtained apermit for such work from the agency or officer designated by such ordinance.
2. Such permit may require the notification of all emergency services likelyto be affected by such repair, alteration, construction or reconstruction;the types of traffic control devices necessary to properly warn the motoringpublic and provide for reinspection by the appropriate authority from time totime and at the conclusion of such repair, alteration, construction, orreconstruction.
3. The owner or owners of any such firm, partnership or corporation shall besubject to arrest for a violation of this section or his representative onthe site, if the owner is not present.
4. The person, firm, partnership, or corporation requesting such permit shallbe responsible for furnishing and maintaining the required traffic controldevices in accord with the Virginia Manual of Uniform Traffic Control Devicesfor Streets and Highways.
5. The penalty for violation of such ordinance shall be a fine of not lessthan $25 nor more than $100 for the first offense and not less than $100 normore than $500 for the second and subsequent offenses.
(1972, c. 105, § 46.1-180.3; 1989, c. 727.)