Can Fairfax County or another Virginia county pass an ordinance making it illegal to leave a vehicle parked unattended on a residential street, when the resident keeps registration and inspection current?

Plain-English summary

Senator Saslaw and two Fairfax-area delegates wrote about a recurring resident complaint: people parking cars or trailers on public residential streets and leaving them there for long stretches, treating the street as a free storage lot. The vehicles bore valid inspection decals and current plates, so they were not technically abandoned. The legislators asked whether § 46.2-1209 gave the county authority to adopt an ordinance banning the parking of "unattended" vehicles on residential streets.

Acting Attorney General William Mims gave a layered answer. First, no: § 46.2-1209 itself does not authorize counties to enact ordinances banning unattended parking. Section 46.2-1209 is an authority for law enforcement officers to remove immobilized or unattended vehicles in certain circumstances; it is not a delegation of ordinance-making power to localities. Second, however, two other statutes provide some authority. Section 46.2-1213 authorizes counties (and cities and towns) to adopt ordinances for the removal of vehicles in four enumerated circumstances: traffic hazards, illegal parking, ten or more days left unattended on public property, and weather or emergency immobilization. Section 46.2-1220, in Article 3 of Chapter 12, broadly authorizes counties to "provide for the regulation of parking, stopping, and standing of vehicles" within their limits, including length-of-time limits.

Third, the AG defined the operative term. "Unattended," he concluded, means "lacking a guard, escort, caretaker, or other watcher" or "unaccompanied," not "neglected" or "not cared for." When the General Assembly wants to refer to the condition of a vehicle, it uses other words ("inoperable," "abandoned"). The unattended/abandoned distinction matters because abandoned has a specific statutory meaning (§ 46.2-1200) tied to forty-eight hours plus inoperability or illegality, whereas unattended just describes a vehicle without anyone watching it.

The bottom line for Fairfax: the county has parking-regulation tools, just not under § 46.2-1209. It can adopt removal ordinances under § 46.2-1213 and parking-regulation ordinances under § 46.2-1220 (subject to Article 3's other provisions, including specific limits in §§ 46.2-1222 and 46.2-1222.1).

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Article 2 of Chapter 12 of Title 46.2 (§§ 46.2-1209 to 46.2-1215) addresses removal of immobilized and unattended vehicles. Section 46.2-1209 is itself a law enforcement officer authority statute. It prohibits leaving an immobilized or unattended vehicle on or adjacent to any roadway if it constitutes a hazard, and authorizes any officer to remove it or have it removed. It also caps the time an immobilized or unattended vehicle may stay on certain highways (twenty-four hours outside city/town limits, on interstates, limited-access highways, expressways, or parkways inside city/town limits). But the statute does not grant counties ordinance-making power.

Section 46.2-1213(A), by contrast, expressly authorizes counties, cities, and towns to enact ordinances providing for the removal of motor vehicles, trailers, semitrailers, or parts thereof in four scenarios: (1) traffic hazards on public roads, (2) illegally parked, (3) left unattended for more than ten days on public property, or (4) immobilized by weather or emergency. The ordinance can include a presumption that an unattended vehicle is abandoned if it lacks current plates or inspection and has been in one location for four days without being moved. Removal must be carried out by law enforcement.

Article 3 of Chapter 12, beginning at § 46.2-1216, contains additional parking authorities. Section 46.2-1220 is the broad enabling provision: "The governing body of any county, city, or town may by ordinance provide for the regulation of parking, stopping, and standing of vehicles within its limits" and may "determine the length of time a vehicle may be parked." Other sections in Article 3 add specific authorities and limits. Section 46.2-1222 names Fairfax (and certain other counties) for secondary-road parking authority. Section 46.2-1222.1 covers urban-county-executive-form counties for watercraft, RVs, large vehicles, and similar categories.

The Dillon Rule frames the whole analysis. Counties have only those powers expressly granted or necessarily implied; any doubt resolves against the locality.

What the AG concluded

Section 46.2-1209 is an officer-authority statute, not an ordinance-enabling statute. It tells law enforcement what they may do; it does not say localities can pass ordinances on the same topic.

Section 46.2-1213 fills part of the gap. It expressly authorizes removal ordinances for traffic hazards, illegal parking, ten-day unattended on public property, and weather immobilization. The ten-day window is meaningful for the Fairfax residents' complaint about cars sitting unmoved for weeks: counties can adopt a ten-day removal ordinance.

Section 46.2-1220 fills the rest of the gap. Counties have broad authority to regulate parking, including time limits. So a county can adopt time-limit ordinances ("no parking on this street between 2 a.m. and 5 a.m.," "72-hour maximum," and so on). The opinion does not endorse a literal "unattended ban," but it does confirm that broad parking-regulation authority exists.

"Unattended" means unaccompanied, not neglected. The AG anchored the definition in Webster's Third New International Dictionary ("lacking a guard, escort, caretaker, or other watcher" or "unaccompanied"). When the General Assembly wants to refer to a vehicle's condition (inoperable, abandoned), it uses other words.

The Dillon Rule controls. Any ambiguity resolves against the locality. The county can act only under the statutes that expressly grant authority.

Common questions

So what can Fairfax actually do about cars left parked for weeks on residential streets?
Several things. First, adopt a § 46.2-1213(A)(3) removal ordinance for vehicles left unattended for more than ten days. Second, adopt a § 46.2-1220 ordinance setting a maximum parking duration (e.g., 72 hours). Third, use § 46.2-1222 (which names Fairfax) to regulate parking on secondary roads, as analyzed in opinion 08-104. Fourth, declare certain residential streets restricted-parking zones with permits.

What's the difference between "unattended" and "abandoned"?
Unattended just means no one is watching the vehicle. Abandoned is a specific statutory category under § 46.2-1200, requiring (among other things) inoperability or illegality combined with a forty-eight-hour duration in certain locations. A new-looking car with current plates is unattended when the owner is not there, but is not abandoned.

Does the ten-day rule mean a resident can park on the street indefinitely as long as they move the car every nine days?
Under § 46.2-1213(A)(3) alone, yes. But § 46.2-1220 lets the county set shorter limits if it chooses, and § 46.2-1222 gives Fairfax expanded authority on secondary roads.

What about trailers and boats?
Section 46.2-1222.1(A) gives urban-county-executive counties (a category that included Fairfax in 2009) authority to regulate watercraft, boat trailers, motor homes, and camping trailers on public highways.

Can a county adopt an ordinance that simply requires "vehicles must be moved every X days"?
Under § 46.2-1220, yes. The General Assembly's broad parking authority encompasses time-limit ordinances. The county would have to comply with the procedural requirements (proper signage, due-process protections for towing and ticketing) but the substantive authority exists.

Does any of this apply to the residents' driveways or private property?
Section 46.2-1213(B) says removal ordinances may not authorize removal from private property without the owner's written request. The opinion focuses on public roads. Localities have separate, more limited tools for private-property vehicle issues.

Citations

• Va. Code Ann. § 46.2-1209 (officer removal authority)
• Va. Code Ann. § 46.2-1213 (locality removal ordinance authority)
• Va. Code Ann. § 46.2-1220 (general parking regulation authority)
• Va. Code Ann. § 46.2-1222 (Fairfax and other named counties)
• Va. Code Ann. § 46.2-1200 (abandoned motor vehicle definition)
• Nat'l Realty Corp. v. Va. Beach, 209 Va. 172 (1968)
• Bd. of Supvrs. v. Horne, 216 Va. 113 (1975)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2009/09-009-Saslaw-Hull-Scott.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
William C. Mims

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

Attorney General

April 1, 2009

The Honorable Richard L. Saslaw
Member, Senate of Virginia
P.O. Box 1856
Springfield, Virginia 22151-0856

The Honorable Robert D. Hull
Member, House of Delegates
P.O. Box 2331
Falls Church, Virginia 22042

The Honorable James M. Scott
Member, House of Delegates
P.O. Box 359
Merrifield, Virginia 22116-0359

Dear Senator Saslaw and Delegates Hull and Scott:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether § 46.2-1209 authorizes a county to prohibit persons from parking and leaving vehicles "unattended" on public residential streets. If so, you inquire concerning the appropriate legal definition of the word "unattended" as applied to such local restriction.

Response

It is my opinion that § 46.2-1209 does not authorize a county to enact an ordinance prohibiting persons from parking and leaving vehicles "unattended" on public residential streets. However, pursuant to § 46.2-1213 a county may enact ordinances to provide for removal of certain vehicles that are: (1) left unattended on public highways or other public property that constitute a traffic hazard; (2) illegally parked; (3) left unattended for more than ten days on public property; or (4) immobilized on a public roadway by weather or other emergency conditions. It further is my opinion that pursuant to § 46.2-1220 a county may enact an ordinance to regulate parking, stopping, and standing of vehicles within its jurisdictional limits, subject to limitations imposed in other sections of Article 3, Chapter 12 of Title 46.2. Finally, it is my opinion that the term "unattended" should be given its ordinary meaning, "lacking a guard, escort, caretaker, or other watcher" or "unaccompanied."

Background

You suggest that § 46.2-1209 provides enabling authority for "counties, cities, and towns to enact local ordinances providing for the removal of certain motor vehicles, trailers, semitrailers, and parts or combinations thereof that are left unattended." You also note that in Fairfax County persons sometimes park their motor vehicles and trailers on public residential streets for long periods and that while these vehicles bear valid inspection decals and current license plates, the vehicles are rarely moved or operated. You note that this often generates complaints from neighbors who feel that the owners of these vehicles have "expropriated a public street and made it into a storage facility for their private vehicles."

Applicable Law and Discussion

The power of a local governing body, unlike that of the General Assembly, "must be exercised pursuant to an express grant"[1] because the powers of a county "are limited to those conferred expressly or by necessary implication."[2] "If the power cannot be found, the inquiry is at an end."[3] The Dillon Rule requires a narrow interpretation of all powers conferred on local governments since they are delegated powers.[4] Therefore, any doubt as to the existence of power must be resolved against the locality.[5]

Article 2, Chapter 12 of Title 46.2, §§ 46.2-1209 through 46.2-1215, addresses removal of immobilized and unattended vehicles. Section 46.2-1209 provides, in relevant part, that:

No person shall leave any motor vehicle, trailer, semitrailer, or part or combination thereof immobilized or unattended on or adjacent to any roadway if it constitutes a hazard in the use of the highway. No person shall leave any immobilized or unattended motor vehicle, trailer, semitrailer, or part or combination thereof longer than twenty-four hours on or adjacent to any roadway outside the corporate limits of any city or town, or on an interstate highway or limited access highway, expressway, or parkway inside the corporate limits of any city or town. Any law-enforcement officer may remove it or have it removed to a storage area for safekeeping and shall report the removal to the Department and to the owner of the motor vehicle, trailer, semitrailer, or combination as promptly as possible. Before obtaining possession of the motor vehicle, trailer, semitrailer, or combination, its owner or successor in interest to ownership shall pay to the parties entitled thereto all costs incidental to its removal or storage. In any violation of this section the owner of such motor vehicle, trailer, semitrailer or part or combination of a motor vehicle, trailer, or semitrailer, shall be presumed to be the person committing the violation; however, this presumption shall be rebuttable by competent evidence. [Emphasis added.]

Section 46.2-1209 merely provides authority for law-enforcement officers to remove or arrange for removal of the offending vehicles from specific roadways and highways, and does not authorize a county to enact an ordinance regarding such removal.

Although § 46.2-1209 does not authorize a county to adopt an ordinance to remove such unattended vehicles, the inquiry is not at an end. I note that § 46.2-1213(A) authorizes counties, cities, and towns to enact ordinances to provide for the removal of immobilized or unattended motor vehicles in certain instances:

A. The governing body of any county, city, or town may by ordinance provide for the removal for safekeeping of motor vehicles, trailers, semitrailers, or parts thereof to a storage area if:

1. It is left unattended on a public highway or other public property and constitutes a traffic hazard;
2. It is illegally parked;
3. It is left unattended for more than ten days either on public property or on private property without the permission of the property owner, lessee, or occupant;
4. It is immobilized on a public roadway by weather conditions or other emergency situation.

B. Removal shall be carried out by or under the direction of a law-enforcement officer. The ordinance, however, shall not authorize removal of motor vehicles, trailers, semitrailers, and parts thereof from private property without the written request of the owner, lessee, or occupant of the premises. The ordinance may also provide that the person at whose request the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer is removed from private property shall indemnify the county, city, or town against any loss or expense incurred by reason of removal, storage, or sale thereof. Any such ordinance may also provide that it shall be presumed that such motor vehicle, trailer, semitrailer, or part thereof is abandoned if it (i) lacks either a current license plate; or a current county, city or town license plate or sticker; or a valid state safety inspection certificate or sticker; and (ii) it has been in a specific location for four days without being moved. As promptly as possible, each removal shall be reported to a local governmental office to be designated in the ordinance and to the owner of the motor vehicle, trailer, or semitrailer. Before obtaining possession of the motor vehicle, trailer, semitrailer, or part thereof, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating the owner. If the owner fails or refuses to pay the cost or if his identity or whereabouts is unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the office of the Department against the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of Article 1 (§ 46.2-1200 et seq.) of [Chapter 12].

Thus, 46.2-1213(A) specifically authorizes a county to enact an ordinance to remove vehicles from public highways or other public property in certain situations, i.e., when such unattended vehicles cause traffic hazards, are illegally parked, or are left unattended for more than ten days. Additionally, a county may enact an ordinance providing for removal of vehicles immobilized on a public roadway due to weather or other emergency conditions.

Additional statutes governing the regulation of parking are set forth in Article 3, Chapter 12 of Title 46.2, §§ 46.2-1216 through 46.2-1239 ("Article 3"). Article 3 provides localities with authority to enact ordinances regulating parking. Specifically, § 46.2-1220 provides that the "governing body of any county, city, or town may by ordinance provide for the regulation of parking, stopping, and standing of vehicles within its limits." Section 46.2-1220 further provides that such an ordinance may "determine the length of time a vehicle may be parked, and designate a department, official, or employee of the local government to administer the provisions of the ordinance." While § 46.2-1220 grants general authority to the governing bodies of counties, cities, and towns to enact ordinances relating to parking, Article 3 also provides additional authority, restrictions, or requirements that regulate parking that are based on various factors, including the locality, the nature or location of the roads, and the type of vehicle involved.[6] It is well established that statutes should not be read in isolation.[7] Statutes relating to the same subject should be considered in pari materia.[8] Moreover, statutes dealing with the same subject matter should be construed together to achieve a harmonious result, resolving conflicts to give effect to legislative intent.[9] Thus, while § 46.2-1220 provides general authority for localities to regulate parking, Article 3 must be read as a whole, to determine the extent to which a locality may regulate parking in residential districts or areas.

Section 46.2-1213(A) is the statute that governs the circumstances under which a locality may enact an ordinance providing for the removal of unattended vehicles left on public streets in the enumerated situations. However, such removal must "be carried out by or under the direction of a law-enforcement officer."[10] On the other hand, § 46.2-1220 provides broad authority for a county to enact ordinances governing parking, including the length of time a vehicle may be parked, which authority is limited only to the extent dictated by other sections in Article 3. Therefore, a county may enact an ordinance governing parking, stopping, and standing of vehicles within its limits, which could include public residential streets, to the extent authorized in Article 3.

The inquiry then focuses upon the meaning of the term "unattended." I find no statutory definition of the term "unattended." When a particular word in a statute is not defined therein, it must be given its ordinary meaning.[11] The common or ordinary meaning of the word "unattended" is "lacking a guard, escort, caretaker, or other watcher" or "unaccompanied."[12] The term "unattended" also may refer to the condition of being "neglected" or "not cared for."[13] Such meaning could be attributed to the term when used in § 46.2-1213(A). However, the General Assembly, when referring to the condition of a vehicle in Title 46.2, utilizes other terms, such as "inoperable"[14] or "abandoned."[15] Accordingly, it is my opinion that the term "unattended" as used in §§ 46.2-1209 and 46.2-1213(A) means "lacking a guard, escort, caretaker, or other watcher" or "unaccompanied."

Conclusion

Accordingly, it is my opinion that § 46.2-1209 does not authorize a county to enact an ordinance prohibiting persons from parking and leaving vehicles "unattended" on public residential streets. However, pursuant to § 46.2-1213 a county may enact ordinances to provide for removal of certain vehicles that are: (1) left unattended on public highways or other public property that constitute a traffic hazard; (2) illegally parked; (3) left unattended for more than ten days on public property; or (4) immobilized on a public roadway by weather or other emergency conditions. It further is my opinion that pursuant to § 46.2-1220 a county may enact an ordinance to regulate parking, stopping, and standing of vehicles within its jurisdictional limits, subject to limitations imposed in other sections of Article 3, Chapter 12 of Title 46.2. Finally, it is my opinion that the term "unattended" should be given its ordinary meaning, "lacking a guard, escort, caretaker, or other watcher" or "unaccompanied."

Thank you for letting me be of service to you.

Sincerely,

William C. Mims
1:1003; 1:941/09-009

1. Nat'l Realty Corp. v. Va. Beach, 209 Va. 172, 175, 163 S.E.2d 154, 156 (1968).
2. Bd. of Supvrs. v. Horne, 216 Va. 113, 117, 215 S.E.2d 453, 455 (1975) (noting corollary to Dillon Rule).
3. Commonwealth v. County Bd., 217 Va. 558, 575, 232 S.E.2d 30, 41 (1977).
4. See Bd. of Supvrs. v. Countryside Invest. Co., 258 Va. 497, 504-05, 522 S.E.2d 610, 613-14 (1999) (holding that county board of supervisors does not have unfettered authority to decide what matters to include in subdivision ordinance; must include requirements mandated by Land Subdivision and Development Act and may include optional provisions contained in act); Op. Va. Att'y Gen: 2002 at 77, 78; 1974-1975 at 403, 405.
5. 2A EUGENE MCQUILLEN, THE LAW OF MUNICIPAL CORPORATIONS § 10.19, at 369 (3d ed. 1996); see also Op. Va. Att'y Gen.: 2002 at 83, 84; 2000 at 75, 76.
6. See also, e.g., VA. CODE ANN. § 46.2-1222 (2005) (providing that "governing bodies of Fairfax, James City, Loudoun, Montgomery, Prince George, Prince William, and York counties by ordinance may (i) restrict or prohibit parking on any part of the state secondary system of highways within their respective boundaries; [and] (ii) provide for the classification of vehicles for the purpose of these restrictions and prohibitions"); § 46.2-1222.1(A)-(B) (2005) (providing that any county operating under urban county executive form of government or county manager plan of government and certain other adjacent localities may enact an ordinance to regulate or prohibit parking of certain vehicles on any public highway within their boundaries and parking of certain vehicles on public highways within residence districts).
7. 2B NORMAN J. SINGER & J.D. SHAMBIE SINGER, SUTHERLAND STATUTORY CONSTRUCTION § 51:2 (West 7th ed. 2008); Op. Va. Att'y Gen.: 1999 at 22, 22; 1998 at 123, 124; id. at 19, 21; 1996 at 197, 198; 1995 at 146, 147; 1993 at 160, 162; id. at 135, 137; 1992 at 108, 112.
8. See Prillaman v. Commonwealth, 199 Va. 401, 405-06, 100 S.E.2d 4, 7-8 (1957); 1996 Op. Va. Att'y Gen. 134, 135. "In pari materia" is the Latin phrase meaning "[o]n the same subject; relating to the same matter." BLACK'S LAW DICTIONARY 807 (8th ed. 2004).
9. See 2A SINGER & SINGER, supra note 7 at § 46:5 (West 7th ed. 2008); 2000 Op. Va. Att'y Gen. 182, 185.
10. Section 46.2-1213(B) (2005).
11. See McKeon v. Commonwealth, 211 Va. 24, 27, 175 S.E.2d 282, 284 (1970).
12. WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY OF THE ENGLISH LANGUAGE UNABRIDGED 2482 (1993).
13. Id.
14. See, e.g., § 46.2-734(C) (2005) (providing that hobbyist may store unlicensed operable or inoperable vehicles on his property with certain restrictions); § 46.2-1200 (2005) (including term "inoperable" within definition of "abandoned motor vehicle"); see also VA. CODE ANN. § 15.2-905 (2008) (providing that as used in this section "an 'inoperable motor vehicle' means any motor vehicle, trailer or semitrailer which is not in operating condition; or does not display valid license plates; or does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than 60 days").
15. "'Abandoned motor vehicle' means a motor vehicle, trailer, or semitrailer or part of a motor vehicle, trailer, or semitrailer that:
    "1. Is inoperable and is left unattended on public property, other than an interstate highway or primary highway, for more than forty-eight hours, or
    "2. Has remained illegally on public property for more than forty-eight hours, or
    "3. Has remained for more than forty-eight hours on private property without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property, or
    "4. Is inoperable, left unattended, or both, on an interstate highway, or
    "5. Is inoperable, left unattended, or both, on the shoulder of a primary highway."
    Section 46.2-1200.