Norfolk City Code § 42-1 Violations of chapter generally.
Sec. 42-1. - Violations of chapter generally.
Unless otherwise provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.
IN GENERAL
Norfolk City Code ch. 42, art. I
in effectNorfolk City Code § 42-2 Certain ordinances relating to streets not affected by Code.
Sec. 42-2. - Certain ordinances relating to streets not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect the validity of any ordinance opening, accepting, dedicating, vacating or naming any street, or providing the grade or location of any street or providing for the improvement thereof, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
Norfolk City Code § 42-3 Streets not to be improved until accepted by council.
Sec. 42-3. - Streets not to be improved until accepted by council.
It shall be unlawful for any person to grade, pave, light, clean or otherwise improve, at the expense of the city, any street dedicated to the public by any owners of private property, unless the same shall have been accepted by the council and, under its direction, laid out by the director of public works.
(Code 1958, § 45-1)
Norfolk City Code § 42-4 Erecting or maintaining improper street name signs or markers.
Sec. 42-4. - Erecting or maintaining improper street name signs or markers.
It shall be unlawful for any person to erect, place or maintain, or cause to be erected, placed or maintained, any sign, plate or marker for the purpose of designating, and designating, any public street, alley or lane in the city by any name other than the proper name of such street, alley or lane, as shown by the official records of the department of public works.
(Code 1958, § 45-37)
Norfolk City Code § 42-5 Sidewalk improvements—Assessments for.
Sec. 42-5. - Sidewalk improvements—Assessments for.
The assessment upon the abutting property owner or owners when making, constructing, improving, replacing or enlarging walkways or sidewalks shall be measured by the peculiar benefits to such abutting property owner or owners resulting from the improvements but in no event more than eight dollars ($8.00) per lineal foot.
(Code 1958, § 45-2.1; Ord. No. 30,257, § 1, 1-8-80)
Norfolk City Code § 42-6 Same—Paving generally.
Sec. 42-6. - Same—Paving generally.
The director of public works shall, subject to review by the city council, determine the material with which sidewalks shall be paved, the width to be paved, the kind of foundation to be used for the pavement and any other matter material to such paving.
(Code 1958, § 45-4)
Norfolk City Code § 42-7 Same—Repaving with more expensive material at request of abutting owner.
Sec. 42-7. - Same—Repaving with more expensive material at request of abutting owner.
Whenever the director of public works shall, in keeping the sidewalks in repair, find it necessary to repave the same, and the owner of any property abutting on the sidewalk desires to have a more expensive sidewalk than that proposed, then the director shall, if he deems it expedient, put down the more expensive sidewalk; provided, that such owner shall first pay to the city treasurer the difference between the cost of the sidewalk proposed and the more expensive sidewalk desired by such owner, which amount shall be placed to the credit of the account from which the repaving of the sidewalk is to be paid.
(Code 1958, § 45-3)
Norfolk City Code § 42-8 Same—Paving by private persons.
Sec. 42-8. - Same—Paving by private persons.
No person, except duly authorized employees or agents of the city, shall pave a sidewalk within the city without first obtaining a permit from the director of public works, which permit shall designate the material and foundation to be used, the width of the pavement and such other matters as may be material. Such paving shall be done under the supervision of the director of public works.
(Code 1958, § 45-5)
Norfolk City Code § 42-9 Driveway permits.
Sec. 42-9. - Driveway permits.
(a) No person shall construct or rehabilitate a driveway to or from a city street without first obtaining a permit therefor from the director of public works.
(b) The director of public works shall issue a permit for any such driveway not exceeding thirty (30) feet in width if the same meets with his approval; provided, however, that with the consent of the city manager, he shall issue a permit for a driveway exceeding thirty (30) feet in width, if and when he shall deem such driveway appropriate.
(c) For the issuance of such a permit, the applicant shall pay to the city the following fees:
(1) For the construction of one or more commercial driveways on one site, per driveway .....$ 315.00
(2) For the rehabilitation of one or more commercial driveways on one site, per driveway .....20.00
(3) For the construction or rehabilitation of one or more residential driveways on one site having two (2) or fewer dwelling units, per driveway .....45.00
(4) For the construction of one or more driveways on one site having more than two (2) dwelling units, per driveway .....50.00
(5) For the rehabilitation of one or more driveways on one site having more than two (2) dwelling units, per driveway .....20.00
(d) All such driveways shall be constructed under the supervision of the director of public works subject to such conditions as he may prescribe as to materials used and manner of construction, and all paving and repaving, where necessary, shall be done at the expense of the person receiving such permit. If a sidewalk is crossed by such driveway, it shall be the duty of the owner of such driveway to keep the sidewalk in good repair at his own expense. When any such driveway is discontinued, the owner of the abutting property shall remove it, if it is on city property, and shall restore any such sidewalk and curbing, if the curbing was lowered to accommodate the driveway, in accordance with the established street and sidewalk pattern.
(e) An administrative fee of two hundred fifty dollars ($250.00) will be assessed when a contractor installing a commercial driveway fails three (3) or more inspections under the same permit.
(f) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.
(Code 1958, § 45-14; Ord. No. 31,061, § 1, 3-31-81; Ord. No. 37,628, § 1, 5-24-94; Ord. No. 39,192, §§ 1, 2, 5-26-98; Ord. No. 43,855, §§ 1, 2, 5-18-10; Ord. No. 47,229, § 38, 5-22-18, eff. 7-1-18)
Norfolk City Code § 42-9.1 Maintenance of accessways.
Sec. 42-9.1. - Maintenance of accessways.
(a) All accessways crossing the unimproved public right-of-way between the paved vehicular portion and the private property line shall be graded, surfaced, and maintained in a manner prescribed by the director of public works, permitting safe and convenient use under normal weather conditions. At which time an accessway becomes a hazard to vehicular or pedestrian traffic it shall be the abutting property owner's responsibility to repave or replace such within a reasonable time as prescribed by the director of public works.
(b) If any such person fails to comply with an order given pursuant to this section, the necessary repairs shall be performed by city forces at the expense of the property owner, which expense shall be certified to the city treasurer for collection. Such repairs shall not relieve the owner from prosecution for such violation.
(c) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor. In addition to any penalty imposed for each violation, the judge hearing the case may direct the abutting property owner to restore and/or maintain the accessway.
(Ord. No. 36,094, § 1, 7-10-90)
Norfolk City Code § 42-10 Encroachments and obstructions generally.
Sec. 42-10. - Encroachments and obstructions generally.
(a) No piazza, porch, step, fence, enclosure or other projection attached to any building or lot shall be extended beyond the building line, unless authorized by the council.
(b) It shall be unlawful for any person to affix, place, erect, maintain, post or attach or cause or allow to be affixed, placed, erected, maintained, posted or attached any sign, banner, poster, sticker, post, light bay or other window, shed, porch, portico, door, platform, step, or any other object or thing of any form or nature whatsoever in or on any right of way, street, alley or land of the city without authorization of council, unless otherwise authorized by law or ordinance.
(c) The director of public works or his designee may order the person responsible for a violation of this section to remove, correct or abate the violation in the time period provided by the director of public works or his designee. If damage to city property is incurred during removal, it shall be the responsibility of the person ordered to remove the encumbrance, obstruction, hazard, nuisance, or encroachment to restore such damaged property back to its original condition. The director of public works or his designee may also undertake the immediate removal, correction or abatement of any violation.
(d) If any person fails to comply with an order given pursuant to this section, or when the director of public works or his designee desires to undertake the removal, the encumbrance, obstruction, hazard, nuisance or encroachment shall be removed by the director of public works or his designee and the costs and expenses thereof, including any damage to city property incurred during the removal, shall be chargeable to and paid by the person causing or allowing the encumbrance, obstruction, hazard, nuisance, or encroachment and may be collected by the city treasurer, upon certification of such costs and expenses by the director of public works or his designee in the same manner as taxes and levies are collected. Every charge authorized by this section which remains unpaid shall constitute a lien against real property of the person causing or allowing the encumbrance, obstruction, hazard, encroachment and such lien shall have the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as such taxes are collected.
(e) The director of public works or his designee, any law enforcement officer, designated special police officer, or the fire marshal and his assistant, shall have authority to enforce this section. Additionally, a citizen designated by the director of public works, who has attended training provided by the director, may be authorized by the director to remove signs, placards or notices placed in the right-of-way or on city property, except for political signs, civic league signs, and real estate signs.
(f) For purposes of this section, "person" is defined as any individual, firm, owner, sole proprietorship, partnership, corporation, unincorporated municipal association, governmental body, municipal corporation, executor, administrator, occupant, or other legal entity.
(g) A violation of this section shall constitute a Class 1 misdemeanor. Each day of violation shall constitute a separate offense.
(Code 1958, §§ 45-18, 45-28, 45-29; Ord. No. 39,111, § 1, 4-14-98; Ord. No. 41,869, § 1, 6-14-05)
Norfolk City Code § 42-10.1 Administrative approval of certain minor installations in the right-of-way.
Sec. 42-10.1. - Administrative approval of certain minor installations in the right-of-way.
(a) Definitions. The following words when used in this section shall, for the purpose of this section, have the following meanings respectively ascribed to them herein, except in those instances when the context clearly indicates a different meaning:
Integrated Directional Signing Program (IDSP) shall mean that program administered by the Virginia Department of Transportation or its agents designed to provide information to the motoring public by means of signs installed along any state highway relating to gasoline and motor vehicle services, food, lodging, attractions, or other categories as defined by the program.
Interstate shall mean any highway in or component of the interstate system.
Interstate system shall mean the same as that term is defined in 23 U.S.C. § 103(c). The interstate system also includes highways or highway segments in the Commonwealth that constitute a part of the Dwight D. Eisenhower National System of Interstate and Defense Highways as authorized and designated in accordance with § 7 of the Federal-Aid Highway Act of 1944 and § 108(a) of the Federal-Aid Highway Act of 1956 and are declared by resolution of the Commonwealth Transportation Board to be portions of the interstate system.
State highway shall mean any highway in or component of the state highway system.
State highway system shall mean that system consisting of all public highways, causeways, bridges, landings, and wharves that are either under the jurisdiction and control of the Commonwealth Transportation Board or that have been accepted by the Virginia Department of Transportation for supervision and maintenance.
Utility box artwork wrap shall mean any vinyl wrap or coating containing an image of artwork specifically designed to be displayed on a ground-mounted public utility box located in the public right-of-way.
Wayfinding sign shall mean any sign located in any public right-of-way within the city along a portion that is not part of the state highway system which provides directional information to motorists about a specific facility or establishment that is (i) identified on signage approved through the IDSP, (ii) classified as an "attraction" under the IDSP, and (iii) installed along an interstate or other controlled-access state highway. A wayfinding sign may also be known as a trailblazer sign.
(b) Permit for installation of wayfinding signs. Notwithstanding the general prohibitions set forth in section 42-10, the city manager or his designee is authorized to approve the installation of a wayfinding sign allowing it to encroach in the public right-of-way in order to aid the navigation of vehicular tourist traffic associated with facilities or establishments located within the city and identified by IDSP signage. Such approval shall only be granted in accordance with the standards set forth below, shall be documented by issuance of a permit, and shall require the permittee and owner or operator of the referenced facility or establishment to comply with the following conditions:
(1) The owner or operator of the facility or establishment to which the sign refers shall pay an annual fee of one hundred fifty dollars ($150.00) per sign for the right to encroach in the public right-of-way and for other administrative and maintenance costs associated with the sign;
(2) The owner or operator of the facility or establishment to which the sign refers shall maintain the sign's structural integrity, the security of the fasteners used for installation, and the visibility of the sign face and shall remove any markings or other additions to the sign face or back, including graffiti, that are not part of the original image or text as approved through the Virginia Department of Transportation's IDSP.
(3) In the event that the installation presents any risk or interference with any matter of public health, safety or welfare or for any other public necessity, upon the request of the director of public works or his designee the owner or operator of the facility or establishment shall promptly remove the sign at his own expense;
(4) In the event that the facility or establishment to which the sign refers is closed or moved, then the owner or operator of such facility or establishment shall remove the sign from its approved location within ten (10) days of the date of closing or moving;
(5) In the event that permission allowing the sign is revoked, any ownership interest in the installation and elements associated therewith shall be considered abandoned and may be removed by the city without further notice; and
(6) The owner or operator of the facility or establishment to which the sign refers shall hold and save the city, its agents, and employees harmless from any and all liability of any nature and shall indemnify the city against any loss whatsoever incurred by reason of the existence or maintenance of the sign.
(c) Permit review. The application for a wayfinding sign permit shall be submitted to the department of public works and shall be issued when it is determined that all of the following criteria are met:
(1) The owner or operator of the facility or establishment to which the sign refers has consented to and signed the application for the permit and acknowledge understanding of the conditions recited in subsection (b) above.
(2) The sign, including all construction materials, content, size, and appearance, has been approved through the Virginia Department of Transportation's IDSP;
(3) The proposed location for the sign has been approved by the city's department of public works;
(4) The sign shall be installed in accordance with durability and construction standards established or adopted by the department of public works;
(5) No more than three (3) signs referring to the same facility or establishment are permitted within the city's corporate limits; and
(6) The installation will not cause any obstruction, hazard, nuisance, or risk of injury to person or property when properly installed and maintained.
(d) Status of permit. Any permit issued for a wayfinding sign pursuant to this section shall constitute a license only and shall be revocable by the city at any time.
(e) Installation of utility box artwork wrap. Notwithstanding the general prohibitions set forth in section 42-10, the city manager or his designee is authorized to approve the installation of a utility box artwork wrap allowing it to encroach in the public right-of-way as part of a public art display. Such approval shall only be granted in accordance with the conditions set forth below:
(1) The artistic image or expression conveyed by the utility box artwork wrap has been evaluated and approved by the Norfolk Arts Commission, including consideration of the location of the utility box on which it will be installed;
(2) Every artist who creates or has rights in the artistic image or expression conveyed by the utility box artwork wrap has executed a written agreement or release allowing the city to use it for display on a utility box; and
(3) Whenever the utility box on which the utility box artwork wrap is installed is not owned by the city, the owner has executed a written agreement or release allowing the city to use it for displaying the artwork wrap.
(Ord. No. 45,995, § 1, 6-23-15; Ord. No. 50,374, § 1, 5-19-26)
Norfolk City Code § 42-11 Obstructing by gates and doors.
Sec. 42-11. - Obstructing by gates and doors.
It shall be unlawful for any person to hang or maintain any gates or doors within the limits of the city in such a manner that they shall or can swing outward over sidewalks or into streets.
(Code 1958, § 45-35)
Norfolk City Code § 42-12 Posts on streets; wooden framework or covering across sidewalks.
Sec. 42-12. - Posts on streets; wooden framework or covering across sidewalks.
No posts of any kind shall be maintained or erected on the streets of the city, and no permanent wooden framework or covering shall be erected, constructed or maintained across any sidewalk for any purpose whatsoever, unless authorized by the city council.
(Code 1958, § 45-27)
Norfolk City Code § 42-12.1 Installation of outdoor dining areas.
Sec. 42-12.1. - Installation of outdoor dining areas.
(a) Definitions. The following terms as used in this section shall have the meanings set forth herein.
(1) Outdoor dining area. A space located entirely within the public right-of-way, including all structural elements associated therewith, designed to be used for outdoor dining as an ancillary activity related to the operation of a nearby restaurant.
(2) Pop-up space. An outdoor dining area designed to be used for no longer than seventy-two (72) consecutive hours.
(3) Seasonal space. An outdoor dining area designed to be used for no longer than four (4) consecutive months.
(4) Semi-permanent space. An outdoor dining area designed to be used for no longer than three (3) consecutive years.
(b) Approval.
(1) Approval by ordinance. An encroachment or obstruction that is otherwise unlawful under the general prohibitions set forth in section 42-10 may be authorized by ordinance approved by the city council, subject to all appliable limitations of state law.
(2) Approval by permit. An application for a permit allowing an encroachment in the public right-of-way in the manner proposed by the application, submitted in accordance with the requirements of subsection (d), below, shall be issued when it is determined that the proposal satisfies all of the installation requirements set forth in subsection (e), below, as well as all other applicable guidelines, regulations, requirements, and laws. The right-of-way management division of the department of public works may require that the application be reviewed by any other department or division of the city that the right-of-way management division determines may have information relevant to evaluating the application's compliance with said installation requirements. An approval issued under this section shall only authorize the encroachment into the public right-of-way as proposed in the application and shall not be deemed to grant any other approvals or permissions that might be required by other provisions of law, including the uniform statewide building code, fire prevention code, or food safety code.
(c) Prohibited and restricted activities. The following prohibitions and restrictions apply to all approvals for any outdoor dining area, whether granted by ordinance or permit:
(1) No use of the area for any purpose shall occur between the hours of 11:00 p.m. and 7:00 a.m. the following morning.
(2) Seating must be provided for a minimum of eighty (80) percent of the occupant capacity of the outdoor dining area.
(3) No entertainment or amplified music or other sound shall be provided anywhere in the outdoor dining area.
(4) No smoking or vaping shall occur in any outdoor dining area.
(5) No food shall be cooked on an open flame in any outdoor dining area.
(6) No outdoor dining area shall be occupied in excess of the maximum occupant load identified either in the permit issued pursuant to this section or established pursuant to other provision of law.
(d) Application requirements. Notwithstanding the general prohibitions set forth in section 42-10, the director of the department of public works, or the director's designee, is authorized to approve the placement or installation of structures allowing them to encroach in the public right-of-way for the purpose of creating an outdoor dining area. The director may establish reasonable requirements for the submission and review of a permit application, including but not limited to drawings, specifications, elevations, and surveys stamped by a surveyor registered with the Commonwealth of Virginia, and also shall require the following information from the applicant:
(1) Written documentation from the owner of the property where the restaurant affiliated with the outdoor dining area is located acknowledging no objection to the application.
(2) For any application for a seasonal space or semi-permanent space, an operation and management requirements agreement defining the duties and responsibilities of the operator of the proposed outdoor dining area, in a form established and approved by both the director of the department of public works and the city attorney, signed by the operator.
(3) Wherever the outdoor dining area is located such that other permits or approvals are needed for its lawful placement or installation, written documentation that all such other approvals have been granted.
(4) Payment of any fee established by the city council for the outdoor dining area shown in the application submittal.
(e) Installation requirements.
(1) Location and dimension. Every outdoor dining area shall conform to the following location restrictions:
(A) No area shall be located in or adjacent to a street that has a posted speed limit greater than twenty-five (25) miles per hour.
(B) No portion of any area shall be located in a manner that would restrict the width of unobstructed space for pedestrian access around it to less than six (6) feet.
(C) The maximum allowable length of any area shall equal the width of the lot where the affiliated restaurant is located.
(D) Nothing shall be placed or constructed in the area that:
(i) Interferes with a defined fire lane, vehicular traffic, turning radii, or maneuvering areas.
(ii) Adversely affects the health of existing vegetated plantings or trees.
(iii) Impairs safe emergency egress from any building.
(2) Signage. All signage affixed to or located in any outdoor dining area shall conform to the following limitations:
(A) The aggregate, maximum area of the sign face of all signage shall not exceed two (2) square feet.
(B) The structure and message of every sign shall be composed of permanent materials.
(C) No temporary materials shall be used for any portion of any sign.
(3) Limit on number. No more than one outdoor dining area may be affiliated with a single restaurant. No affiliated restaurant shall be permitted for more than five (5) pop-up spaces in any single calendar year.
(4) Other safety measures.
(A) Any feature of the outdoor dining area that constitutes a hazard to pedestrian or vehicular travel is prohibited and shall be removed.
(B) The permittee shall be responsible for maintaining all areas within the outdoor dining area and within ten (10) feet on all sides, other than the side facing the street, so as to keep such areas free of litter, refuse, and both solid and liquid waste.
(C) For any electrical service connected to a semi-permanent space, wiring running to the space must be installed withing a conduit located under the sidewalk, in accordance with applicable electrical codes.
(D) The director of the department of public works is expressly authorized to impose conditions designed to protect and promote public safety on any approved permit, including requiring the immediate removal of the outdoor dining area structure in order to accommodate special events, street or sidewalk repair work, or emergency conditions, and the permittee shall comply with all such conditions.
(f) Expiration and renewal.
(1) Every permit authorizing a pop-up space shall expire seventy-two (72) hours after the date and time it is made effective.
(2) Every permit authorizing a seasonal space shall expire three (3) months after the date it is made effective, but may be renewed as many as two (2) times, provided that the request for renewal is made before the applicable expiration date.
(3) Every permit authorizing a semi-permanent space shall expire three (3) years after the date it is made effective but may be renewed, provided that the request for renewal is made before the applicable expiration date.
(4) In the event that a fee schedule adopted by the city council requires the periodic payment of a usage fee to either maintain an existing permit or renew a permit, the failure to timely pay such fee shall constitute an expiration of the permission to use or maintain the outdoor dining area and also a violation subject to the penalty set forth in subsection (i), below.
(5) No request for renewal shall be granted except when all elements of the structure of the outdoor dining area are found to be in compliance with all applicable regulations and guidelines and, notwithstanding such compliance, may be denied at the pleasure of the city.
(g) Insurance required. Any person issued a permit authorizing the placement or installation of an outdoor dining area shall maintain a comprehensive public liability insurance policy for personal injury or death and for property damage occasioned by reason of the installation, operation, maintenance or any other condition associated with the outdoor dining area with minimum policy limits of one million dollars ($1,000,000.00) for bodily injury or death to one or more persons in any one accident or event and fifty thousand dollars ($50,000.00) for damage to property resulting from any one accident or event. The policy shall include the City of Norfolk as an additional insured. Evidence that such policy is satisfactory and in effect shall include a certificate of insurance or a policy endorsement by and with an insurance company licensed to do business in the Commonwealth of Virginia and shall be furnished to the city's risk manager after issuance of the permit but prior to the commencement of any construction of the outdoor dining area.
(h) Removal. The permittee shall remove all elements associated with the placement or installation of a permitted outdoor dining area within three (3) business days after expiration of the permit. All areas of pavement, sidewalk, or other infrastructure and all areas of landscaping that were altered as a result of the placement or installation shall be repaired to match or exceed the quality of their condition prior to such placement or installation, subject to approval of the city's department of public works. In the event the removal is not timely completed, all such elements that are not removed shall be deemed abandoned and the city may remove them and charge the permittee for the actual costs incurred to remove the outdoor dining area and restore the area to a safe and suitable condition, which costs the permittee shall be required to pay.
(i) Penalty. Every violation of any provision or requirement set forth in this section and every violation of the terms of a permit issued pursuant to this section, including any term establishing a deadline for the completion of the construction of an outdoor dining area, shall constitute a Class 1 misdemeanor. Each day that the violation exists shall constitute a separate offense.
(Ord. No. 45,623, § 1, 7-8-14; Ord. No. 48,300, § 1, 2-9-21; Ord. No. 49,158, § 1, 4-25-23)
Norfolk City Code § 42-13 Placing goods, wares, show cases, etc., on sidewalks.
Sec. 42-13. - Placing goods, wares, show cases, etc., on sidewalks.
No person shall place any goods, wares, show cases, bicycle racks, signs or merchandise on any sidewalk area in the city; provided, however, that goods, wares or merchandise in the process of being received or delivered may be permitted to remain on the sidewalk so long as is reasonably necessary to receive or deliver the same, in such a manner as not to inconvenience or endanger the general public in the use of the sidewalk.
(Code 1958, § 45-15)
Norfolk City Code § 42-14 Obstructing passage for purpose of making sale.
Sec. 42-14. - Obstructing passage for purpose of making sale.
It shall be unlawful for any person to obstruct the passage along any of the streets or sidewalks of the city, by catching hold of or soliciting persons, or in any way interfering with their free passage, for the purpose of inducing or compelling them to buy any article or thing from any store or stand.
(Code 1958, § 31-65)
Norfolk City Code § 42-15 Sales, solicitations and distribution of commercial advertising matter prohibited on certain streets and sidewalks.
Sec. 42-15. - Sales, solicitations and distribution of commercial advertising matter prohibited on certain streets and sidewalks.
(a) No person shall sell or offer to sell any goods, wares, merchandise, books, magazines, newspapers or any article of value, except daily publications sold on the date of publication, or take orders for or sell subscriptions to same for future delivery, or distribute commercial advertising matter on the following streets and sidewalks of the city, such streets and sidewalks being congested areas for pedestrian travel and use:
(1) The streets and sidewalks in the area bounded on the north by the northern line of Olney Road, on the east by the eastern line of Bank Street and the prolongation thereof southwardly to the southern line of Main Street, on the south by the southern line of Main Street and on the west by the western line of Boush Street.
(2) The streets and sidewalks in the area bounded on the north by the southern line of Main Street, on the east by the eastern line of Commercial Place and the prolongation southwardly thereof to the Elizabeth River, on the west by the western line of Campbell's Wharf and on the south by the Elizabeth River.
(3) The streets and sidewalks of Brooke Avenue from the Chesapeake and Ohio Terminal to Boush Street; of Church Street, from Main Street to Olney Road; of Hampton Boulevard, from Ninety-ninth Street to the Virginian Railway right-of-way; and of Main Street from Bank Street to Fenchurch Street.
(4) The streets and sidewalks in the area within a radius of one-quarter mile from the intersection of Sewells Point Road and Granby Street.
(5) The streets and sidewalks of West Ocean View Avenue from Granby Street to Mason Creek Road, and of First View Street from Portview Avenue to West Ocean View Avenue.
(6) The streets and sidewalks of Twenty-first Street from Granby Street to Hampton Boulevard, and of all streets intersecting Twenty-first Street between Granby Street and Hampton Boulevard for a distance thereon of one block in each direction from Twenty-first Street.
(b) The prohibition against the sale or distribution of the articles mentioned in subsection (a) of this section shall not be construed as prohibiting the actual distribution or circulation, without any charge therefor, to the public, of publications, leaflets, pamphlets or any printed or written matter that disseminates opinion or information or provokes thought or pertains to any religious information or belief.
(c) Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
(Code 1958, § 31-67)
Norfolk City Code § 42-16 Reserved.
Norfolk City Code § 42-17 Installation of flag sockets.
Sec. 42-17. - Installation of flag sockets.
No person shall install any flag sockets on any of the public streets or sidewalks of the city, without first obtaining a permit therefor from the city manager.
(Code 1958, § 45-16)
Norfolk City Code § 42-18 Excavations—Permit and deposit.
Sec. 42-18. - Excavations—Permit and deposit.
(a) No person shall dig up any street, lane, alley or park for any purpose whatsoever, without first obtaining a written permit therefor from the director of public works. Where the street, lane, alley or park which is to be dug up is paved, the person desiring to dig up the same shall make written application to the director of public works therefor, and in such application shall state the character of the pavement to be dug up, the amount of pavement in square feet, the size of the excavation in feet, the character of the work to be done, the time when the digging will begin and the time when the work will be completed, and the director of public works shall, if the application meets with his approval, issue a permit therefor, subject to such conditions as he may impose.
(b) The applicant for a permit under this section shall, at the time of making his application, deposit with the director of public works a sum, bond or letter of credit sufficient to pay the estimated cost of restoring the street, lane, alley or park in a manner satisfactory to the director of public works, in accordance with a schedule of costs to be prepared by the director from time to time, plus (as needed) twelve (12) percent to cover the cost of overhead charges. Should the cost of the work of restoring the street, lane, alley or park, plus the overhead charges, exceed the amount of the deposit, the applicant will be required to pay the difference, within ten (10) days from the date of notice thereof. Any excess of deposit over the cost of the work and overhead charges shall be refunded to the applicant. Such deposit shall be paid to the city treasurer and placed to the credit of the fund for the payment of this work.
(c) In the case of new street construction, a permit fee in the amount of two hundred dollars ($200.00) plus one dollar ($1.00) per linear foot of new street construction shall be charged to any utility company or contractor for the cost of issuing said permit and inspecting the work. For cuts to the existing streets, a permit fee in the amount of two hundred dollars ($200.00) plus one dollar ($1.00) per square foot shall be charged to any utility company or contractor for the cost of issuing said permit and inspecting the work.
(d) Permits for excavation of the public ways shall be issued in accordance with the policies and standards set forth in the city's Right-of-Way Excavation and Restoration Manual dated July 1, 2002, which may be amended from time to time. A written warning on the first occurrence for failure to secure a permit will be issued to the utility company or contractor. An administrative fee for failure to secure a permit will be assessed to the utility company or contractor on the second occurrence at five hundred dollars ($500.00); for subsequent times thereafter, the administrative fee will be assessed at one thousand dollars ($1,000.00) per occurrence to the utility company or the contractor.
(Code 1958, §§ 45-19, 45-20; Ord. No. 39,192, § 3, 5-26-98; Ord. No. 40,778, § 1, 7-16-02; Ord. No. 43,856, § 1, 5-18-10; Ord. No. 47,918, § 1, 2-25-20)
Norfolk City Code § 42-19 Same—Backfilling.
Sec. 42-19. - Same—Backfilling.
The director of public works shall, at his option, permit the person to whom a permit was issued under section 42-18 to backfill the excavation, subject to such conditions as the director may impose, and under the supervision of such inspectors as the director may appoint therefor, the expense of such inspection to be added to the cost of the work, in addition to the twelve (12) percent required in section 42-18.
(Code 1958, § 45-21)
Norfolk City Code § 42-20 Same—Warning lights.
Sec. 42-20. - Same—Warning lights.
Any person making any excavation in any street shall place as many lights as may be necessary to warn passers-by of such excavation, on each and every night, from sunset until sunrise, so long as such excavation shall remain in the street.
(Code 1958, § 45-23)
Norfolk City Code § 42-20.1 Obstructing gutters or drains generally.
Sec. 42-20.1. - Obstructing gutters or drains generally.
It shall be unlawful for any person to throw, place or deposit, or cause to be thrown, placed or deposited, in any gutter, ditch, storm drain or other drainage area in the city, anything that impedes or interferes with the free flow of water therein. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor and each day that the free flow of water is impeded or interfered with shall constitute a separate offense. In addition to any penalty imposed for each violation, a judge hearing the case may direct the person responsible for the obstruction to remove the obstruction and each day's default in removal of the obstruction shall constitute a violation of and a separate offense under this section.
(Ord. No. 36,187, § l, 8-28-90)
Norfolk City Code § 42-20.2 Fill permit; required when filling or grading areas.
Sec. 42-20.2. - Fill permit; required when filling or grading areas.
(a) Before any filling or grading is done by any person of any area in the city, a fill plan shall be obtained from the director of public works, or his designee. Upon approval of the fill plan and issuance of a fill permit by the director of public works or his designee, the filling or grading shall be done in accordance therewith.
(b) The fill plan shall include:
(1) A survey drawn to scale, certified as complete and accurate by a professional engineer or a certified land surveyor, which clearly delineates:
a. The existing topography of the area proposed to be filled or graded shown by contour lines;
b. The location, elevation, extent, and type of proposed fill or grading shown by contour lines and total fill and disturbed area calculations; and
c. The location of natural drainage areas which would or could be obstructed by the fill.
(2) Appropriate erosion and sedimentation control procedures as required by chapter 15 of the City Code.
(3) A description of the purpose and necessity of the filling or grading.
(4) Any additional information or data the director of public works or his designee requests to complete their review of the fill plan.
(c) The director of public works or his designee prior to issuing a fill permit, may require the applicant to submit a reasonable performance bond with surety, cash bond, letter of credit, any combination thereof, or such other legal arrangement acceptable to the director of public works or his designee to ensure that measures could be taken by the city at the applicant's expense should he fail, after proper notice, within the time specified, to fill and maintain drainage in accordance with the fill permit. If the applicant should fail to fill or maintain drainage in accordance with the fill permit, the city may collect from the permittee the difference should the amount of the reasonable cost of such action exceed the amount of security held. Within sixty (60) days of the inspection and approval of the filling and adequate stabilization, such bond, cash bond, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof shall be refunded to the applicant or terminated. These requirements are in addition to all other provisions relating to the issuance of fill permits and are not intended to otherwise affect the requirements for such permits.
(d) Upon the approval of the fill plan under this section a fill permit shall be issued. Upon the completion of the work thereunder, the owner of the land or the person obtaining the permit shall thereafter maintain the drainage in such condition as to allow the free flow of water through it in an unobstructed manner. Should this drainage become obstructed, a plan for reopening it must be submitted to the director of public works or his designee.
(e) Any person violating any provision of this section shall be guilty of a Class 1 misdemeanor. Each day that drainage is obstructed shall constitute a separate offense. If the owner or any other person with the knowledge and consent of the owner fails to carry out the filling within the terms and conditions set forth in the approved fill plan, the director of public works or his designee shall revoke the same and take such action as is appropriate to remedy or restore the area affected. In addition to any penalty imposed for each violation, a judge hearing the case may direct the person responsible for the improper filling to remove such material and/or restore the area, and each day's default in such removal or restoration shall constitute a violation of and a separate offense under this section.
(Ord. No. 36,187, § 1, 8-28-90; Ord. No. 37,168, § 1, 3-16-93; Ord. No. 40,580, § 1, 1-8-02)
Norfolk City Code § 42-20.3 Filling of Chesapeake Bay Preservation Areas.
Sec. 42-20.3. - Filling of Chesapeake Bay Preservation Areas.
(a) Before any filling, clearing or grading is done by the owner, or by any other person with the knowledge or consent of the owner, of any area designated pursuant to section 494 of the zoning ordinance as a Chesapeake Bay Preservation Area a fill plan shall be submitted to the director of public works. The fill plan shall be reviewed by the department of public works and by the division of environmental affairs to ensure consistency with the provisions of this section and of section 494 of the Zoning ordinance. Upon approval of the fill plan by the department of public works and the division of environmental affairs, the filling, clearing or grading shall be done in accordance therewith.
(b) For purposes of this section, the fill plan shall include:
(1) A survey drawn to scale, certified as complete and accurate by a professional engineer or a certified land surveyor, which clearly delineates:
a. The existing topography of the area proposed to be filled, cleared or graded shown by contour lines;
b. The tidal wetlands, tidal shores, non-tidal wetlands connected by surface flow and contiguous to tidal wetlands and tributary streams, and a one hundred-foot buffer located adjacent to and landward of the components listed above;
c. The location, elevation, extent, and type of proposed fill, clearing or grading shown by contour lines and total fill and disturbed area calculations; and
d. The location of natural drainage areas which would or could be obstructed by the fill.
(2) Appropriate erosion and sedimentation control procedures as required by chapter 15 of the City Code.
(3) A showing of all wetlands permits required by law.
(4) A description of the purpose and necessity of the filling, clearing or grading. If the filling, clearing or grading results in over two thousand five hundred (2,500) square feet of land disturbance or land-disturbing activity as defined in section 32.2-3 of the City Code, and is done as part of development or redevelopment as defined in section 32.2-3 of the City Code, the owner shall follow the appropriate procedures as detailed in article III of chapter 32.2 of the City Code.
(5) If trees or other vegetation are to be removed in the buffer area of the resource protection area, as defined in section 32.2-3 of the City Code, in order to fill, clear or grade, a showing of all necessary tree permits pursuant to section 30-24(a)(9) of the City Code is required.
(6) Any additional information or data the director of public works or the division of environmental affairs requests to complete their review of the fill plan.
(c) Upon the approval of a fill plan under this section and the completion of the work thereunder, the owner of the land shall thereafter maintain the drainage in such condition as to allow the free flow of water through it in an unobstructed manner. If the drainage becomes obstructed, the owner shall submit a plan to the director of public works for reopening it.
(d) Any person violating any provision of this section shall be guilty of a Class 1 misdemeanor. Each day that drainage is obstructed shall constitute a separate offense. If the owner or any other person with the knowledge or consent of the owner fails to carry out the filling, clearing or grading within the terms and conditions set forth in the approved fill plan, the director of public works shall revoke the same and take such action as is appropriate to remedy or restore the area affected. In addition to any penalty imposed for each violation, a judge hearing the case may direct the person responsible for the improper filling, clearing or grading to remove such material and/or restore the area, and each day's default in such removal or restoration shall constitute a violation of and a separate offense under this section.
(Ord. No. 36,175, § 1, 8-28-90; Ord. No. 40,580, § 2, 1-8-02)
Norfolk City Code § 42-21 General responsibility to pay for damaging sidewalks.
Sec. 42-21. - General responsibility to pay for damaging sidewalks.
Any person damaging any sidewalk shall, when required by the director of public works, pay to the city treasurer such an amount as shall be estimated by the director to be necessary to repair the damage and the director shall repair the same.
(Code 1958, § 45-6)
Norfolk City Code § 42-22 Damage to street or sidewalk by private sewer, drain or underground utility.
Sec. 42-22. - Damage to street or sidewalk by private sewer, drain or underground utility.
Whenever the surface of any street or sidewalk area, whether paved or not, is damaged by reason of any private sewer, drain or underground utility, it shall be the duty of the person owning the same to have the surface properly repaired and, upon neglect thereof for five (5) days, the director of public works shall cause the repairs to be made, at the expense of such owner, to be collected as other debts due the city are collected.
(Code 1958, § 45-11)
Norfolk City Code § 42-23 Closing defective private sewer, drain or underground utility.
Sec. 42-23. - Closing defective private sewer, drain or underground utility.
No person shall install or maintain, or cause to be installed or maintained, any defective private sewer, drain or underground utility, where the same passes under a public street. The director of utilities shall have the right to cause such defective sewer, drain or underground utility to be closed and the cost thereof shall be recoverable from such person.
(Code 1958, § 45-12)
Norfolk City Code § 42-24 Deposit or transportation of liquid waste on street; penalty for violation.
Sec. 42-24. - Deposit or transportation of liquid waste on street; penalty for violation.
(a) It shall be unlawful for any person to cast or cause to flow any swill, liquid refuse, or liquid waste into any street or right-of-way, or transport such material except in a covered watertight vessel or tank.
(b) A violation of this section shall constitute a Class 1 misdemeanor.
(Code 1958, § 45-9; Ord. No. 38,345, § 1, 5-14-96)
Norfolk City Code § 42-25 Protection of pavement from spilling or dripping petroleum product or other liquid.
Sec. 42-25. - Protection of pavement from spilling or dripping petroleum product or other liquid.
(a) No person shall pour, spill, drop, release, or allow to pour, spill, drop or release upon or over any pavement laid or any street, sidewalk, right-of-way, or public place in the city, any petroleum products or any other liquids which could or would be injurious to the environment or the public.
(b) All wagons, tanks, vehicles, vessels, trailers, semi-trailers, and trucks used for the delivery of the substances referred to in subsection (a) above shall be properly equipped with non-drip taps and faucets, securely attached thereto, and in filling any measure or other vessel from such taps or faucets, such measure or other vessel must be held so that there shall be no drip or overflow from such measure or vessel, and in removing the same from over any street, sidewalk or other public place, no drip or overflow from such measure or other no receptacle for holding such material shall be placed on any street, sidewalk or public place.
(c) A violation of any provision of this section shall constitute a Class 1 misdemeanor. Each day of violation shall constitute a separate offense. In addition to any penalty imposed for each violation, a judge hearing the case may direct the person responsible for the violation to correct the violation and restore the area or site impacted and each days default in such correction, remediation or restoration shall constitute a violation of and a separate offense under this section.
(Code 1958, § 45-25; Ord. No. 38,346, § 1, 5-14-96)
Norfolk City Code § 42-26 Water from building roof to be conducted under sidewalk.
Sec. 42-26. - Water from building roof to be conducted under sidewalk.
The water from the roof of every building which would flow by gravity over a public sidewalk, or over a driveway crossing a public sidewalk, shall be carried by means of a conductor under the sidewalk to the gutter, and the owner of any such building shall provide the same with the necessary conductor for such purpose. The provisions of this section shall not apply to sections of the city where there is no curbing or guttering.
(Code 1958, § 45-26)
Norfolk City Code § 42-27 Wetting sidewalk by persons washing store fronts or windows.
Sec. 42-27. - Wetting sidewalk by persons washing store fronts or windows.
It shall be unlawful for any person to wash, or cause to be washed, any store front or window in a manner that results in wetting any sidewalk; provided, that the washing of store fronts and windows by the use of squeegee or some other modern device, where no water flows on or over the sidewalk shall be permitted, if proper care is exercised in protecting pedestrians while such washing is in operation.
(Code 1958, § 45-10)
Norfolk City Code § 42-28 Registration and bond of persons using scaffolds or other devices over streets in business of cleaning buildings.
Sec. 42-28. - Registration and bond of persons using scaffolds or other devices over streets in business of cleaning buildings.
It shall be the duty of every person who shall use scaffolding and other apparatus suspended over the streets of the city in the conduct of his business in cleaning buildings to register with the building official, giving his name, residence and place of business, and, in case of removal from one place to another in the city, to have made a corresponding change in such register. It shall be the further duty of every such person to give good and sufficient bond, in the sum of five thousand dollars ($5,000.00), with corporate surety to be approved by the city attorney, to indemnify the city against any loss or damage resulting from the suspension of such scaffolding or apparatus over the public streets of the city.
(Code 1958, § 45-33)
Norfolk City Code § 42-29 Cleaning buildings located on streets by sand blast method.
Sec. 42-29. - Cleaning buildings located on streets by sand blast method.
The cleaning of buildings or other structures located on public streets in the city, by the sand blast method, is hereby prohibited, unless the staging and work is so enclosed as to catch all sand and dust from such cleaning operation, and to prevent the same from falling or being blown into the streets or buildings adjacent thereto. Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.
(Code 1958, § 45-32)
Norfolk City Code § 42-30 Protection of pedestrians from dripping paint.
Sec. 42-30. - Protection of pedestrians from dripping paint.
It shall be unlawful for any person to engage in the painting of the side or any part of a building abutting upon any public street, without first protecting the sides and bottom of his platform or scaffolding with canvas or some other material, so as to prevent the dripping or falling of paint upon pedestrians using such public street.
(Code 1958, § 45-34)
Norfolk City Code § 42-31 Duty of persons selling from vehicles to keep adjacent street and sidewalk clean.
Sec. 42-31. - Duty of persons selling from vehicles to keep adjacent street and sidewalk clean.
Any person selling produce, material or other articles from a vehicle shall at all times keep the sidewalk and street adjacent to his vehicle free and clear of debris and refuse from the produce, material or other articles sold by him and, whenever required to do so by the chief of police, his assistants or any police officer, shall clean up such debris and refuse from the street and sidewalk adjacent to his vehicle and deposit same in his vehicle or in a receptacle to be provided by him.
(Code 1958, § 45-8)
Norfolk City Code § 42-32 Duty of owner or occupant of abutting land to keep sidewalk clean and free from grass and weeds.
Sec. 42-32. - Duty of owner or occupant of abutting land to keep sidewalk clean and free from grass and weeds.
(a) It shall be the duty of the occupant of any land or premises abutting upon any sidewalk, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any paved sidewalk, to remove any grass or weeds from the sidewalk in front of such land or premises, and to keep such sidewalk clear of paper, debris and refuse. No grass, weeds, debris, dirt, refuse or other litter swept or removed from such sidewalk shall be deposited or piled in any gutter or street, but shall be placed in a proper receptacle for collection. Such receptacle shall be provided by the occupant or owner and placed for collection on the day specified by the director of public works for collection from such premises. The occupant, or if unoccupied, the owner, of any such land or premises in front of which any such grass, weeds, dirt, refuse, debris or other litter is found contrary to the provisions of this section shall be prima facie the person responsible therefor.
(b) The director of public health is hereby authorized to give to any such occupant or owner who shall fail to keep the sidewalk abutting his premises clean and free from grass or weeds, such notice as he may deem advisable, and to see that the provisions of this section are enforced, and every day that any sidewalk shall not remain clean and free from grass or weeds, after notice from the director of public health to clean the same, shall constitute a separate offense under this section.
(Code 1958, § 45-7; Ord. No. 37,889, § 1, 2-14-95)
Norfolk City Code § 42-33 Reserved.
Norfolk City Code § 42-34 Removal of snow from sidewalks—By owners or occupants of abutting property.
Sec. 42-34. - Removal of snow from sidewalks—By owners or occupants of abutting property.
It shall be the duty of every person using or occupying, in any manner or for any purpose whatsoever, any house, store, shop, building or tenement of any kind, and of persons having charge of religious institutions and public buildings of any description, other than public schools and buildings owned or occupied by the city, and of owners of unoccupied houses or unimproved lots, situate on any paved street, lane or alley in the city, within three (3) hours after the fall of any snow has ceased, to remove and clear away, or cause to be removed and cleared away, the snow from the sidewalks fronting such house, store, shop, religious institution, building or lot, in such manner as not to obstruct the passage of the water in the gutters. If snow ceases to fall between the hours of 3:00 p.m. and 7:00 a.m., the removal of the snow before 11:00 a.m. will be deemed compliance with this section.
(Code 1958, § 45-30; Ord. No. 46,270, § 3, 2-23-16)
Norfolk City Code § 42-35 Same—By director of public works.
Sec. 42-35. - Same—By director of public works.
(a) It shall be the duty of the director of public works to cause snow and ice to be removed, by persons employed for cleaning the streets and by additional labor when an emergency shall require it, from the sidewalks or footways across intersecting streets, and to remove ice and other obstructions to the free passage of water at the intersections of the several streets of the city, and to cause snow and ice to be removed from the sidewalks fronting the houses, stores, religious institutions, lots or buildings of such persons as shall neglect or refuse to remove the same as provided in section 42-34, at the expense of such persons, the expense thereof to be certified to the city treasurer for collection.
(b) It shall also be the duty of the director of public works, at the cost of the city, to clear away the snow from the sidewalks and crossings in front of the public schools of the city and buildings owned or occupied by the city.
(Code 1958, § 45-31; Ord. No. 46,270, § 4, 2-23-16)
Source: City of Norfolk, Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/norfolk/codes/code_of_ordinances?nodeId=COCI_CH42STSI_ARTIINGEFetched: 11/1/2026