Can Charlottesville reserve city parking for fuel-efficient vehicles?

Plain-English summary

In June 2013, Delegate Robert Bell asked the AG whether Charlottesville could lawfully put up signs at the city-owned Smith Aquatic & Fitness Center reserving parking spaces for "Low Emitting/Fuel Efficient Vehicles Only." The signs were part of the city's effort to earn LEED Platinum certification for the building. A constituent had questioned the legal basis. The city had described the restriction as "voluntary," apparently meaning it did not plan to actively enforce against violators. The AG said the signs were lawful regardless of enforcement intent.

The legal foundation rested on three layers:

1. State enabling authority. The Code lets the governing body of any county, city, or town regulate parking by ordinance "within its limits."
2. City charter. The General Assembly's charter for Charlottesville empowers the city to pass ordinances "necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health, and protection of its citizens," and to make additional ordinances it deems necessary "for the general welfare of said city." Reserving parking for fuel-efficient vehicles falls within both: regulating parking and managing city property.
3. City ordinance. Charlottesville adopted an ordinance prohibiting parking in contravention of city-posted signs and another deeming such a violation a traffic infraction subject to a monetary penalty.

Under the Dillon Rule (Virginia's restrictive doctrine of local government powers), localities can do only what the state has authorized expressly, by necessary implication, or as essential and indispensable. The AG read the parking-regulation statute and the charter as together giving Charlottesville the authority to do what the signs did.

The AG was careful to say the opinion was about authority, not policy. He did "not opine on the policy embodied by the signs themselves." And he noted that the manner or rate of enforcement, or the underlying motive (LEED certification), did not change the legal analysis. A locality with authority to regulate parking has it whether it enforces every violation or treats the rule as aspirational.

Currency note

This opinion was issued in 2013. 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

Virginia's Dillon Rule is the foundation for any analysis of locality authority. A locality has only powers expressly conferred by the state, those necessarily or fairly implied, and those essential and indispensable. Virginia courts apply it strictly.

The Code grants Virginia localities general authority to regulate parking by ordinance within their limits. The Charlottesville charter, granted by the General Assembly, gives the city broad authority to legislate for property management and citizen welfare, plus a general-welfare catchall.

Charlottesville adopted an ordinance forbidding parking in contravention of its signs, and another making a violation a traffic infraction subject to a monetary penalty.

Common questions

Q: Can a Virginia city reserve parking spaces for hybrids, electric vehicles, or other low-emission vehicles?
A: Per this opinion, yes, on city-owned property. The combination of the state's parking-regulation authority and the city's charter authority over property management supports the reservation.

Q: Does the city need to actively ticket violators for the signs to be lawful?
A: No. The AG specifically said the manner or rate of enforcement does not affect the legality of the signs. A city can post signs and enforce them lightly or not at all.

Q: Can other Virginia cities and counties do the same thing?
A: Yes, in principle, although each locality should check its own charter or enabling authority. The state parking-regulation statute applies to all counties, cities, and towns. The Dillon Rule analysis would mirror Charlottesville's.

Q: Does this opinion address parking on private property?
A: No. The opinion was specifically about city-owned property. Private property parking is governed by different rules.

Q: Did the AG endorse LEED-driven parking policies?
A: No, he expressly disclaimed any opinion on policy. The question presented was about legal authority, not whether reserved parking for fuel-efficient vehicles is good policy.

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2013/12-004_Bell.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

June 14, 2013

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

The Honorable Robert B. Bell
Member, House of Delegates
2309 Finch Court
Charlottesville, Virginia 22911

Dear Delegate Bell:

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 the City of Charlottesville may lawfully erect signs on city-owned property stating "Reserved Parking" for "Low Emitting/Fuel Efficient Vehicles Only."

Response

It is my opinion that the City of Charlottesville may lawfully erect signs to regulate parking on city-owned property, including signs that state "Reserved Parking" for "Low Emitting/Fuel Efficient Vehicles Only."

Background

You state that your question arises from signs posted in a city-owned parking lot for a municipal park, the Smith Aquatic & Fitness Center. Although the signs state "Reserved Parking" for "Low Emitting/Fuel Efficient Vehicles Only," there is no indication that a violator would be subject to a fine or other enforcement. You also note that the constituent who brought this matter to your attention requested information from the City of Charlottesville. According to your report, the constituent learned that the signs were erected in part to achieve a Leadership in Energy and Environmental Design (also known as "LEED") Platinum Certification, a designation provided to buildings employing sustainable and energy efficient measures. Your constituent further related that the City of Charlottesville informed him that the signs represented a "voluntary restriction."

Applicable Law and Discussion

Localities in the Commonwealth have only those powers granted to them by the state, those powers that are necessarily implied from those granted to them, and those that are essential and indispensable. The Code of Virginia provides that the "governing body of any county, city or town may by ordinance provide for the regulation of parking . . . within its limits." Moreover, through its charter, the General Assembly specifically granted the City of Charlottesville the authority

[t]o pass all by-laws, rules and ordinances, not repugnant to the Constitution and laws of the State, which they deem necessary for the good order and government of the city, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health, and protection of its citizens . . .

and "to make such other and additional ordinances as it may deem necessary for the general welfare of said city[.]" The City of Charlottesville, pursuant to those powers granted to it, adopted an ordinance prohibiting citizens from parking in contravention to the signs the city has posted. The City also enacted an ordinance deeming such a parking violation to be a traffic infraction and subject to a monetary penalty.

Although I do not opine on the policy embodied by the signs themselves, I conclude that the erection of signs to ostensibly reserve parking spaces for a specific category of vehicles appears to be within the enabling authority granted by the General Assembly to the City of Charlottesville. The action has the dual result of regulating parking and managing city-owned property, each a legitimate exercise of municipal power. These conclusions are not affected by the manner or rate of enforcement or the suggested motivation of the City to earn a form of environmental certification.

Conclusion

Accordingly, it is my opinion that the City of Charlottesville may lawfully erect signs on city-owned property that state "Reserved Parking" for "Low Emitting/Fuel Efficient Vehicles Only."

With kindest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General