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2024 Ordinances
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Last modified
12/12/2024 12:24:06 PM
Creation date
1/31/2024 10:52:52 AM
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EXHIBIT A <br />CHAPTER 22 — MOTOR VEHICLES AND TRAFFIC <br />ARTICLE XIX. — ALL -TERRAIN VEHICLES AND OFF-ROAD MOTORCYLES <br />Sec. 22-860. — Definitions. <br />All -terrain vehicle means a motor vehicle having three or more wheels that is powered by <br />a motor and is manufactured for off-highway use. All -terrain vehicle does not include <br />four -wheeled vehicles commonly known as "go-carts" that have low centers of gravity and <br />are typically used in racing on relatively level surfaces, nor does the term include any riding <br />lawn mower. <br />Off-road motorcycle means every motorcycle designed exclusively for off-road use by an <br />individual rider with not more than two wheels in contact with the ground. <br />Sec. 22-861. — Impoundment. <br />Any law-enforcement officer who charges any person with operating an all -terrain vehicle <br />or off-road motorcycle in an unlawful manner on a street, highway, sidewalk, or other <br />public way within the city, may seize and impound the unlawfully operated all -terrain <br />vehicle or off-road motorcycle pending disposition of the case or a final court order <br />regarding forfeiture. <br />Sec. 22-862. — Forfeiture. <br />(a) Any all -terrain vehicle or off-road motorcycle operated in an unlawful manner on <br />a street, highway, sidewalk, or other public way within the city that is lawfully <br />seized and impounded pursuant to Section 22-861 or that lawfully comes into such <br />officer's custody shall be subject to forfeiture to the city. <br />(b) The city attorney or their designee may institute forfeiture proceedings in the name <br />of the city using the procedures for forfeiture proceedings by the Commonwealth <br />contained in Virginia Code § 19.2-386.1 et seq. <br />Sec. 22-863. — Disposition of Forfeited Property. <br />(a) All property forfeited pursuant to Section 22-862 may be sold at public auction or <br />retained for use by the police division at the discretion of the chief of police or their <br />designee. <br />(b) The city attorney or their designee shall pay from the proceeds of any public auction <br />pursuant to this section, the cost of advertisement, storage, and any other costs <br />incurred during forfeiture proceedings or said auction. The balance of the funds <br />shall be deposited into the city's general fund. <br />
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