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Ask A Cop: Air Guns and Playing on Highways

Have a question for the Fredericksburg Police Department? Send it to dan.telvock@patch.com

 

Question: Is there an ordinance for the city limits prohibiting children (or anyone else) from using residential streets as playgrounds (basketball courts, for instance)?  If not, it seems there should be. It is not only an obvious safety issue but can be a nuisance for the neighborhood as well.

 

Answer: There is a state ordinance that governs this: § 46.2-932. Playing on highways; use of toy vehicle on highways, persons riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, etc., not to attach to vehicles; exception.

A. No person shall play on a highway, other than on the sidewalks thereof, within a city or town or on any part of a highway outside the limits of a city or town designated by the Commonwealth Transportation Commissioner exclusively for vehicular travel. No person shall use any toy vehicle on the roadway of any highway that (i) has a speed limit greater than 25 miles per hour, (ii) has more than two travel lanes, or (iii) is located outside a residence district as defined in § 46.2-100. The governing bodies of counties, cities, and towns may designate areas on highways under their control where play is permitted and may impose reasonable restrictions on play on such highways. Persons using such devices, except bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, and motorcycles, shall keep as near as safely practicable to the far right side or edge of the right traffic lane so that they will be proceeding in the same direction as other traffic.

The state ordinance is sufficient for enforcement action. Residents should contact the police department when they observe this violation, and an officer will speak with the players and explain the law and the safety concerns.  If the players can understand that they will need to show the common courtesy of clearing the roadway at the approach of a vehicle, we may not need to take firmer action.  


Question: I read,last year,Virginia legislature passed a law forbidding local government from making air guns illegal to shoot. You may shoot air guns on your property as long as you keep projectiles from leaving your property. Before this became law it was against the law to shoot air guns in City of Fredericksburg and to do so was a firearms violation. Please ask the Cops if this is correct.


Answer: Code of Virginia § 15.2-915.4 allows localities to regulate pneumatic guns (air powered guns).  The Code was amended in 2011 to include a private property exemption, and the City Code was amended to reflect the state law.  City Code 54-6 prohibits discharging a pneumatic gun within the City limits except “at facilities approved for shooting ranges, or other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.” [Emphasis added]

Violation of the City Code is a class 3 misdemeanor which is punishable by a fine of up to $500.

About this column: Ask a Cop is a weekly column in partnership with the Fredericksburg Police Department in which local residents can ask a police officer questions. If you have a question for the city police, send it to dan.telvock@patch.com or post the question in the comments, and we will do our best to get an answer. Related Topics: Ask a Cop, Fredericksburg Ask A Cop, air guns, and fredericksburg police

Jsmith

9:28 am on Tuesday, June 12, 2012

Hi there,
How can we know if a road has been "designated by the Commonwealth Transportation Commissioner exclusively for vehicular travel"? Apparently we can't assume all roads have been or this clause wouldn't be necessary, and I've never seen any marking or signs to this effect.

Reply

TPKeller

11:28 am on Tuesday, June 12, 2012

In case you are interested, you can read the agenda item for the September 13, 2011 City Council meeting where they updated the BB gun ordinance here:

http://fredericksburgva.gov/agenda/2011/0913/10b.pdf

Reply

TPKeller

11:32 am on Tuesday, June 12, 2012

By the way... the more interesting question would be "Why has Stafford County still not yet updated THEIR local ordinance to be in compliance with the 2011 State law?"

Until such a time that they ever decide to do so, their law, which also lumps in the discharge of REAL firearms, is INVALID.

Reply

Dan Telvock

3:39 pm on Tuesday, June 12, 2012

Jsmith: From Traffic Officer Jamie Walker: The short answer: all interstate highways (such as I95) AND any other roadways that are designated as “exclusively for vehicular travel” by signage. The Commonwealth Transportation Board promulgates regulations and guidance in a lot of areas of highway safety and that guidance is used in conjunction with state code sections for the purposes of enforcement. (Long answer coming in a second)

Reply

Dan Telvock

3:40 pm on Tuesday, June 12, 2012

From the CTB handbook: Prohibiting Certain Methods of Travel on Interstate Highways Approved: 1/17/1985

WHEREAS, the State Highway and Transportation Commission on April 20, 1967, adopted a resolution that (1) pedestrians, (2) persons riding bicycles, (3) horsedrawn vehicles, (4) self-propelled machinery or equipment and (5) animals led, ridden or driven on the hoof be prohibited from using Interstate highways; and WHEREAS, Section 46.1-171.1 of the Code of Virginia, as amended, authorizes the State Highway and Transportation Commission when necessary to promote safety, prohibit the use of Interstate highways, as described in Section 33.1-48 of the Code, and other controlled access highways or any part thereof by any or all of the following including “mopeds” to wit: (1) pedestrians, (2) persons riding bicycles or mopeds, (3) horse-drawn vehicles, (4) self-propelled machinery or equipment, and (5) animals led, ridden or driven or driven on the hoof; and WHEREAS, Section 46.1-1 (14b) defines a “moped” as a “bicycle-like device with pedals and a helper motor which is rated at no more than two brake horse-power and which produces speeds up to a maximum of thirty miles per hour.” For purposes of Title 46.1, a moped shall be a vehicle while

operated upon a highway. NOW, THEREFORE, BE IT RESOLVED, that this resolution be amended to include mopeds to conform to the Code of Virginia, as amended. The State Highway and Transportation Commissioner

Reply

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