Schrute Wrote:
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> Unlike Prince William, Fairfax has no problems with this law. Nice try trogdor.
Nice try? Well, if your so sure, why don't you show some proof that this doesn't apply to Fairfax County (and that it's been "upheld" in court...where are you getting that from Richard?).
I will post irrefutable proof that it has been invalidated, right here and now:
The current Fairfax County Code cited on inspection sticker parking tickets in Fairfax County is 82-5-26(b). This states (my
emphasis added):
"
Parking vehicles without proper license and registration on highways prohibited.It shall be unlawful for any person to park on any highway any vehicle not displaying a current state motor vehicle license and a current motor vehicle safety inspection sticker issued by a state designated official inspection station. (3-13-63; 1961 Code, § 16-130; 31-88-82; 08-06-82.)"
However,
the Virginia Court of Appeals found that the State did not give localities the power to regulate **parking** without a valid sticker, only
operating a vehicle without a valid inspection sticker. Thus, it was a violation of the Dillon rule (Localities can’t do ANYTHING that’s not expressly PERMITTED by the state legislature)
The court stated:
Eberth also contends that County Code § 13-322 violates the Dillon Rule by prohibiting uninspected cars from “parking” on public highways, whereas Code §§ 46.2-1157 and 46.2-1163 prohibit only the “operation” of uninspected vehicles on public highways. The County responds that the County Code does not conflict with Code §§ 46.2-1157 and -1163, but complements them. We agree with Eberth on this issue as well.
Based upon these definitions, “operate” and “park” have substantially different meanings,and therefore ought not be used interchangeably. In this case, the County has prohibited the “parking” of an uninspected motor vehicle on a public highway, whereas the General Assembly has merely prohibited the “operation” of such vehicle on a public highway. We can find no statutory authority authorizing the County to take such action and the County offers none, thus there is a clear conflict between County Code § 13-322 and Code § 46.2-1163.
Accordingly,County Code § 13-322(a)(1) violates the Dillon Rule in this regard as well…Likewise, the County did not have the authority to enact County Code§ 13-322, which prohibits the parking of uninspected vehicles on public highways."
Since Fairfax County's code also states that "PARKING" without a valid inspection sticker is an infraction, and the Appeals court of Virginia states that a locality CANNOT do this, it is invalidated. The only way that Fairfax cannot have a problem with this is if the legislature were to allow localities to permit ticketing for parking on public highways (Eberth had another claim against the County that was upheld, but I won't deal with that here..as it relates to what is considered a "highway")
Rather than resort to hearsay or specious arguments, please present the court documents that you state have upheld Fairfax's code with regard to this issue. My quotes all come from the court's website. Perhaps you can do the same?
http://www.courts.state.va.us/opinions/opncavtx/0406054.txt