GENERALLY

Charleston, W. Va., City Code ch. 114, art. VII, div. 1

in effect

Charleston, W. Va., City Code § 114-551 Presumption as to and condition precedent to illegal parking.

Sec. 114-551. - Presumption as to and condition precedent to illegal parking. (a) In any prosecution in the municipal court charging the violation of any provision of this article, proof that the particular vehicle described in the parking citation/complaint was parked in violation of such provision, together with proof that the defendant named in the complaint was, at the time of such alleged violation the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who parked such vehicle at the point where, and for the time during which, such alleged violation occurred; provided, that such prima facie presumption may be rebutted by competent evidence. (b) This section shall not be applicable unless the driver of the vehicle described in the complaint was given notice of the alleged violation or, if such vehicle was unattended at the time of discovery of the alleged violation, notice of the alleged violation was affixed to or placed within or upon such vehicle. (Code 1975, § 31-211; Ord. No. 7251, 2-20-2007)

Charleston, W. Va., City Code § 114-552 Impounding vehicles.

Sec. 114-552. - Impounding vehicles. (a) Any vehicle parked in a place where parking is prohibited by this article, and which place is so designated by official traffic control signs, markings or devices, may be impounded and hauled to a garage designated by the police department of the city; however, no vehicle shall be impounded until specific orders are issued for such purpose by the chief of police, captain, lieutenant or sergeant of police on duty at the time. (b) Any vehicle parked or left standing in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police official or traffic control device, may be impounded and hauled to a garage designated by the police department of the city; however, no vehicle shall be impounded until specific orders are issued for such purpose by the chief of police, captain, lieutenant or sergeant of police on duty at the time: (1) Any of the locations in violation of the provisions of section 114-559. (2) Any of the locations in violation of the provisions of section 114-571. (3) Any of the locations in violation of the provisions of section 114-572. (4) At any place where official traffic control signs limit parking to a certain period of time. (5) At any place on any roadway where the safety and convenience of the traveling public is endangered. (c) The owner or person in charge of any vehicle impounded as provided in subsection (a) or (b) of this section shall pay the cost of impounding and hauling such vehicle in addition to any fine and cost assessed in connection with the violation of this chapter. (Code 1975, § 31-209)

Charleston, W. Va., City Code § 114-553 Owner responsible for illegal parking.

Sec. 114-553. - Owner responsible for illegal parking. No person shall allow, permit or suffer any vehicle registered in his name to stand or park in any street, highway or elsewhere in the city in violation of any of the laws of the city regulating the standing and parking of vehicles. (Code 1975, § 31-210)

Charleston, W. Va., City Code § 114-554 Unattended motor vehicle.

Sec. 114-554. - Unattended motor vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake and, when standing upon any grade, turning the front wheels to the curb or side of the street. (Code 1975, § 31-184)

Charleston, W. Va., City Code § 114-555 Parking parallel to curb, close to curb; angle parking.

Sec. 114-555. - Parking parallel to curb, close to curb; angle parking. (a) Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway within the city where there are adjacent curbs shall be stopped or parked with the right-hand wheels of such vehicle parallel to and within 18 inches of the right-hand curb. (b) Stopping or parking of vehicles with the left-hand wheel adjacent to and within 18 inches of the left-hand curb shall be permitted on any roadway where such stopping or parking is authorized on the traffic control map. (c) Angle parking shall be permitted on any roadway within the city where such parking is authorized on the traffic control map and properly posted or marked. (Code 1975, § 31-185)

Charleston, W. Va., City Code § 114-556 Where less than ten feet of roadway left available for traffic.

Sec. 114-556. - Where less than ten feet of roadway left available for traffic. No person shall stop, stand or park any vehicle upon a street or highway, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic; except that a driver may stop at the curb temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals or directions of a police officer. (Code 1975, § 31-186)

Charleston, W. Va., City Code § 114-557 Stopping outside of business or residence districts restricted.

Sec. 114-557. - Stopping outside of business or residence districts restricted. (a) Upon any street outside a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the street when it is practicable to stop, park or so leave such vehicle off such part of the street; but in every event an unobstructed width of the street opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such street. (b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. (Code 1975, § 31-187)

Charleston, W. Va., City Code § 114-558 Officers authorized to remove illegally stopped vehicles.

Sec. 114-558. - Officers authorized to remove illegally stopped vehicles. (a) Whenever any police officer finds a vehicle standing upon a street in violation of any of the provisions of section 114-557, such officer is authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the vehicle to a position off the paved or main-traveled part of such street. (b) Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. (Code 1975, § 31-188)

Charleston, W. Va., City Code § 114-559 Stopping, standing or parking prohibited in specified places.

Sec. 114-559. - Stopping, standing or parking prohibited in specified places. (a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic control device, in any of the following places: (1) On a sidewalk. (2) In front of a public or private driveway. (3) Within an intersection or within 30 feet of an intersection. (4) Within 15 feet of a fire hydrant. (5) On a crosswalk, or within ten feet of a crosswalk not at an intersection. (6) Within 20 feet of a crosswalk at an intersection. (7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway. (8) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone unless a different length is indicated by signs or markings. (9) Within 50 feet of the nearest rail of a railroad crossing. (10) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when properly signposted). (11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic. (12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street. (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel. (14) At any place where official traffic control signs prohibit stopping. (15) Within 20 feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if such parking interferes with or causes delay in the carrier's schedule. (16) Upon any controlled-access highway. (17) At any place on any highway where the safety and convenience of the traveling public is endangered. (18) In front of the entrance to any school, hospital, church, hotel, theater, assembly hall or place of amusement. (19) In a turnaround, including, but not limited to, Hammerheads, three-point sides, cul-de-sacs, and three-point wyes. (b) No person shall move a vehicle not lawfully under their control into any such prohibited area or away from a curb such distance as is unlawful. (Code 1975, § 31-189; Bill No. 7920, 9-7-2021)

Charleston, W. Va., City Code § 114-560 Display for sale; repair or advertising on street.

Sec. 114-560. - Display for sale; repair or advertising on street. No person shall stand or park a vehicle upon any roadway for the principal purpose of: (1) Displaying it for sale. (2) Washing, greasing or repairing such vehicles except repairs necessitated by an emergency. (3) Advertising. (Code 1975, § 31-190)

Charleston, W. Va., City Code § 114-561 Vehicles laden with explosives or flammable materials.

Sec. 114-561. - Vehicles laden with explosives or flammable materials. (a) It shall be unlawful for any person to park a vehicle, motor-driven or otherwise, on any street or alley within the city that is laden with any dynamite, nitroglycerin, monobell, gunpowder or any other such explosive, ammunition, fireworks, or any flammable or combustible liquids or materials such as gasoline or naphtha. (b) Any person violating any provision of this section shall upon conviction be subject to the penalties set forth in section 1-8 of this Code. (Code 1975, § 31-191)

Charleston, W. Va., City Code § 114-562 Headlamps on parked vehicles.

Sec. 114-562. - Headlamps on parked vehicles. Any lighted headlamp on a parked vehicle shall be depressed or dimmed. (Code 1975, § 31-192)

Charleston, W. Va., City Code § 114-563 Backing up to curb to load or unload; loading permits.

Sec. 114-563. - Backing up to curb to load or unload; loading permits. (a) It shall be unlawful for the owner of any vehicle used for the transportation of merchandise or materials to back into the curb to take or discharge loads, in places where and at hours when stopping for the purpose of loading and unloading of merchandise and materials is permitted unless such owner holds a permit from the chief of police granting him such loading privilege. (b) It shall be unlawful for any owner or driver of a vehicle backed against the curb to take on or discharge a load to fail to have his loading permit in his possession or on his vehicle. (Code 1975, § 31-193)

Charleston, W. Va., City Code § 114-564 Regulation of parking by signposting in prohibited parking areas generally.

Sec. 114-564. - Regulation of parking by signposting in prohibited parking areas generally. (a) When official traffic control signs or markings are in place giving notice, no person shall park a vehicle at any time upon any of the streets or parts of streets designated by such signs or markings as prohibited parking areas. (b) In addition to or in lieu of posting official traffic-control signs to establish a no parking zone or area, a no parking zone or area may be established by painting the curb yellow; and the length of such curb as so painted yellow shall be the length of such no parking zone or area; and the yellow paint shall constitute an official traffic control marker indicating a no parking zone or area. (Code 1975, § 31-194)

Charleston, W. Va., City Code § 114-565 No parking at entrances to certain buildings.

Sec. 114-565. - No parking at entrances to certain buildings. The chief of police, with the approval of the city council planning/streets and traffic committee, may establish no parking areas appropriately marked at the principal street entrances to all schools, hospitals, post offices, churches, theaters, hotels, libraries, passenger transportation depots, government-owned and occupied buildings, and charitable institutions, with such conditions as may be considered proper by the chief of police approved by the city council planning/streets and traffic committee. (Code 1975, § 31-195; Bill No. 7815, 5-6-2019)

Charleston, W. Va., City Code § 114-566 Limited parking areas.

Sec. 114-566. - Limited parking areas. When official traffic control signs are erected giving notice, no person shall park longer than the time permitted, nor during specified hours when parking is prohibited, upon any streets or parts of streets designated as limited parking areas on the traffic control map in conformity with article IV, division 2 of this chapter. (Code 1975, § 31-196)

Charleston, W. Va., City Code § 114-567 Physicians on emergency calls; vehicles while being loaded or unloaded; police department vehicles.

Sec. 114-567. - Physicians on emergency calls; vehicles while being loaded or unloaded; police department vehicles. (a) Physicians on emergency calls and vehicles while being loaded or unloaded may park for a period of more than 30 minutes between the hours of 2:00 a.m. and 4:00 p.m. regardless of any prohibition set forth in this article. (b) The chief of police shall have the authority, anything in this article to the contrary notwithstanding, to establish on any street as he deems necessary appropriate curb space for the parking of police department vehicles; nevertheless, he shall cause such parking spaces to be clearly marked by official traffic control signs and curb painting and shall forthwith cause the designation of such spaces to be entered on the traffic control map and in the traffic control file. Anyone parking or permitting to stand any vehicle in a space reserved and marked for parking of police department vehicles shall be guilty of a violation of the provisions of this section. (Code 1975, § 31-197)

Charleston, W. Va., City Code § 114-568 Hazardous or congested places.

Sec. 114-568. - Hazardous or congested places. When official traffic control signs are erected upon approach to hazardous or congested places, no person shall stop, stand or park a vehicle in any such designated place. (Code 1975, § 31-198)

Charleston, W. Va., City Code § 114-569 Stopping, standing or parking prohibited beneath fire escapes and within 15 feet of emergency exits.

Sec. 114-569. - Stopping, standing or parking prohibited beneath fire escapes and within 15 feet of emergency exits. No person shall stop, stand or park a vehicle, excepting emergency vehicles, on that portion of any street, alley, thoroughfare, parking lot or other areaway, either public or private, that is situated beneath any fire escape, stairway, ladder or similar device intended for use as a fire escape, or park on that portion of any street, alley, thoroughfare, parking lot or other areaway, either public or private, that is situated within 15 feet of the exterior perimeter of any fire exit, stairway, passageway, common corridor or other avenue of emergency egress, implied or expressly designated, from any hospital, school, theater, hotel, auditorium, apartment house or other building or institution where people work, congregate or assemble for any purpose; and, in order to preserve the intent and purpose of this section, the police department is directed and empowered to post suitable, adequate, conspicuous and permanent signs, restricting parking in any of those locations referred to in this article, upon the recommendation of the bureau of fire prevention of the city fire department. (Code 1975, § 31-199)

Charleston, W. Va., City Code § 114-570 Adjacent to schools.

Sec. 114-570. - Adjacent to schools. When official traffic control signs prohibiting parking are erected, no parking shall be permitted on that side of the street or highway in front or alongside of any school property between the hours of 8:00 a.m. and 5:00 p.m., on the days when such school is in session. (Code 1975, § 31-200)

Charleston, W. Va., City Code § 114-571 Alleys and driveways.

Sec. 114-571. - Alleys and driveways. (a) Parking in public. No person shall park a vehicle upon or within a public alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic, or block such alley. (b) Obstructing, public and private. It shall be unlawful for the driver of any vehicle to park a vehicle on a street opposite or so near to any public alley or private driveway as to obstruct the entrance to or exit from such alley or driveway by another vehicle. (Code 1975, § 31-201)

Charleston, W. Va., City Code § 114-572 Bridges, railroad crossings, underpasses and overpasses.

Sec. 114-572. - Bridges, railroad crossings, underpasses and overpasses. No person shall stop, stand or park any vehicle upon any bridge or on the approaches to a bridge; within or upon any railroad or other underpass, or the approaches to an underpass; upon any railroad or other grade crossing, or the approaches to the crossing; or upon any railroad, street, highway or other overpass, or the approaches to such overpass. (Code 1975, § 31-202)

Charleston, W. Va., City Code § 114-573 Truck width, height and load restrictions; 4:00 p.m. to 6:00 p.m. parking prohibited in certain area.

Sec. 114-573. - Truck width, height and load restrictions; 4:00 p.m. to 6:00 p.m. parking prohibited in certain area. (a) No person shall park any truck, trailer or other vehicle, of a total outside width, including any load, of more than 76 inches, or of a total height, including any load, of more than 78 inches, on any street or highway within the city for a period of time longer than two hours. (b) No person shall park any truck, trailer or other vehicle or make any truck or vehicle delivery between the hours of 4:00 p.m. and 6:00 p.m. in the area included and bounded on the east by Broad Street, on the west by Court Street, on the north by Washington Street, and on the south by Kanawha Boulevard. (Code 1975, § 31-203)

Charleston, W. Va., City Code § 114-574 Vehicles parked on private property.

Sec. 114-574. - Vehicles parked on private property. It shall be unlawful for any driver of a vehicle to stop, park or leave standing unattended any vehicle on a private road or driveway or on private property without having express or implied permission from the owner, tenant or lessee of such land. The owner, tenant or lessee of such private road or driveway or private property may move, or have moved, any vehicle stopped, parked or left standing unattended on his private road, driveway or private property without any liability for the cost of moving any vehicle; nor shall he be liable to the owner of the vehicle for any damage done to such vehicle in moving it unless the owner, tenant or lessee of such private road or driveway or private property was negligent in removing or authorizing the removal of the vehicle. The owner of such vehicle shall be responsible to the persons removing such vehicle for paying all removal costs. Any person who removes any vehicle under the provisions of this section shall notify the state department of public safety of such action and shall, in addition, notify the police department of the city. (Code 1975, § 31-205)

Charleston, W. Va., City Code § 114-575 Procedure for establishment of loading zones; conditions governing; loading zone record.

Sec. 114-575. - Procedure for establishment of loading zones; conditions governing; loading zone record. (a) The director of parking, in consultation with the director of traffic, shall have authority, in the manner provided in this section, to establish and lay off loading zones upon the streets of the city. (b) Loading zones may be established by the director of parking upon approval by the city council planning/streets and traffic committee. Such zones shall be for the sole purpose of providing on-street facilities for the loading and unloading of commodities and equipment in the conduct of business and where no adequate off-street loading facilities are available. (c) The director of parking, with the approval of the city council planning/streets and traffic committee, may, with respect to the establishment of any such loading zone, prescribe limitations as to curb space and the time of day within which such loading zone may be used, which shall be designated by appropriate signs. (d) Any citizen may apply for the establishment of a loading zone. Such application shall be submitted in writing to the director of parking, on a form to be prescribed by him or her and approved by the city council planning/streets and traffic committee. (e) All loading zones established under this section may be abolished by the director of parking, by and with the approval of the city council planning/streets and traffic committee. (f) Any applicant for the establishment of a loading zone whose application has been denied by the abolition of any such loading zone may appeal such action to the city council, whose action on such appeal shall be final. (g) The parking department shall keep an accurate record of all loading zones established under this section, its location, and the special limitations, if any, attached to the zone. (Code 1975, § 31-206; Bill No. 7753, 8-7-2017; Bill No. 7815, 5-6-2019)

Charleston, W. Va., City Code § 114-576 Permitted uses of loading zones.

Sec. 114-576. - Permitted uses of loading zones. No person shall stop, stand or park any vehicle for any purpose or any length of time in any space designated as a loading zone by the director of the parking under and pursuant to the provisions of section 114-575, except while such vehicle is being used in the business of loading or unloading as provided in section 114-575 and has a loading zone permit. In no case shall a lawful stop within a loading zone exceed one-half hour, except where special permission from the director of parking has been obtained for such extension. Any vehicle stopping, standing or parking in a loading zone established by the director of parking pursuant to section 114-575, for any purpose other than loading or unloading as provided in section 114-575 of this Code may be impounded by the police department pursuant to the provisions of section 114-552. (Code 1975, § 31-207; Bill No. 7753, 8-7-2017; Bill No. 7815, 5-6-2019)

Charleston, W. Va., City Code § 114-577 Bus stops or stands.

Sec. 114-577. - Bus stops or stands. (a) Use by bus. The driver of a bus shall not stand or park upon any street in any business district at any place other than at a stop or stand officially designated and appropriately assigned to such bus, except that this provision shall not prevent the driver of any such vehicle from stopping temporarily in accordance with other stopping and parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers. (b) Use by other vehicles. No person shall stop, stand or park a vehicle other than a bus in a bus stop, when any such stop or stand has been officially designated and appropriately assigned, except that the driver of a private passenger vehicle may temporarily stop for the purpose of and while actually loading and unloading passengers when such stopping does not interfere with any bus waiting to enter or about to enter such stop or stand. (c) Establishment of. The chief of police shall have the authority to establish and lay off upon the streets of the city such number of bus stops as in his opinion are necessary for the convenience of the public. In designating such stops, he shall indicate by appropriate markings the area in which public buses may stop to receive and discharge passengers and shall indicate by large letters painted within the area that it is a bus stop and that parking there is prohibited. Buses shall not take on or discharge passengers within the city between Broad Street and Court Street, Virginia Street and Lee Street, except at designated bus stops. (d) Length. The length of designated bus stops shall be not less than the minimum distances recommended by the Society of Traffic Engineers of the U.S., as follows: _____ Approximate Bus Seating Capacities | One-Bus Stop Near Far Mid-Side Side Block (feet) | Two-Bus Stop Near Far Mid-Side Side Block (feet) 25 Passengers and less | 60 | 50 | 85 | 90 | 80 | 115 30 Passengers | 70 | 50 | 95 | 100 | 80 | 125 35 Passengers | 75 | 55 | 100 | 110 | 90 | 135 40 Passengers and more | 80 | 60 | 105 | 120 | 100 | 145 _____ (Code 1975, § 31-208)

Charleston, W. Va., City Code § 114-578 Residential permit parking.

Sec. 114-578. - Residential permit parking. (a) Residential permit parking area designation: A residential permit parking area may only be established in areas of the city zoned R-O, R-2, R-4, R-6, and R-8. A residential permit parking area may be established by filing a petition with the traffic department upon a form to be prescribed by the traffic department and approved by the city council planning/streets and traffic committee. The cost of the permits must be stated on the form. (1) The petition must contain the boundaries of the area sought for residential permit parking, the number of residential units in the area, the address of each residential unit in the area, the license numbers for all vehicles owned by the residents of each residential unit in the proposed area, and the reason that the residential permit parking area is requested. The petition must be signed by at least one resident of a minimum of 67 percent of the residential units in the proposed area. The petition must set forth the hours during which the applicant is seeking restricted residential permit parking. (2) Residential permit parking may be sought for day time hours (8:00 a.m. to 6:00 p.m.), night time hours (6:00 p.m. to 8:00 a.m.), or on a 24-hour basis. A nonrefundable filing fee of $100.00 must accompany the petition. Upon filing, a copy of the petition shall be promptly provided to the ward councilperson. (3) Upon receipt of the petition and the filing fee, the City of Charleston Traffic Department shall verify the names, addresses, and vehicle information on the petition. The traffic department shall then cause appropriate traffic surveys to be conducted in the area sought for residential permit parking. If the traffic engineering surveys find that on average 80 percent of the available on street parking spaces are occupied and more than 50 percent of the vehicles parked in the area belong to nonresidents, then the area is eligible for designation as a residential permit parking area, and the petition and the results of the survey shall be transmitted to the ward councilperson. The ward councilperson shall submit a bill to designate the area as a residential permit parking area to city council for consideration. The bill shall be referred to council's committee on planning/streets and traffic which will report to council its recommendation. City council shall make its decision on whether to designate area based upon the recommendation from its committee on planning/streets and traffic, the recommendation from the traffic department, input from members of the public and any other material information. (b) Authorized permits: If a residential permit parking area is established by city council, each residential unit in the residential permit parking area may obtain a maximum of two permits for specific vehicles owned by the residents. One visitor permit per residential unit may also be obtained. Owners of nonresidential buildings within the designated areas may purchase one visitor permit to be used by the owner or his or her designee. Exception: A resident experiencing a health condition or disability which substantially impairs the resident and results in a need for special in-home medical care and attention, including, but not limited to, assistance by family members or other caregivers, may request up to three additional visitor permits. The request shall be made by the resident to the director of parking. Additional permits shall not be issued unless the resident is able to provide credible evidence satisfactory to the city of the qualifying health condition or disability and the necessity of special in-home medical care, attention and assistance; said evidence shall, at a minimum, consist of a signed statement from a physician verifying the health condition or disability and the necessity of the special in-home medical care, attention and assistance. The issuance of additional permits shall be at the discretion of the director of parking, in consultation with the director of traffic, based on the circumstances and evidence provided by the resident. Any additional permits issued pursuant to this exception shall be valid for the period of time approved by the director of parking not to exceed a year. Additional permits shall cost $25.00 per year. A resident may apply hereunder each year. (1) Each permit will be valid for one year. The cost for each residential parking permit and visitor permit is $25.00 per permit annually. (2) The permits shall be issued and used in accordance with the residential permit parking policy established by council. Notwithstanding the foregoing provisions, the director of parking, in consultation with the director of traffic, shall have discretion to issue a temporary permit, at no cost and not to exceed one calendar year unless thereafter renewed, to a licensed health care provider, including, but not limited to, a hospital, hospice, doctor, nurse, or physical therapist, upon request by the provider and upon sufficient proof satisfactory to the city that the certified health care provider is administering necessary in-home medical care, attention or assistance to a person who resides in a residential permit parking area. (c) Violations: Any vehicle parking in a residential permit parking area in violation of the terms of this ordinance shall be subject to a fine of $75.00 and/or shall be impounded in accordance with the provisions of sections 114-121 through 114-131 and any associated rules or regulations. Vehicles of persons making deliveries or providing service, including but not limited to, home maintenance or repair, utility installation or repair, medical treatment or care, yard maintenance, or other similar services, to residential units within the permit area may be parked without a permit for the duration of the delivery or the provision of service. (d) Decertification procedure: A residential parking area may be decertified if at least one resident of a minimum of 67 percent of the residential units in the designated area sign and file a petition with the city traffic department requesting elimination of the residential permit parking area designation. Such an application for decertification must be accompanied by a nonrefundable filing fee of $100.00. Upon receipt of the petition and the filing fee, the city traffic department shall verify the names and addresses on the petition. Once the names and addresses are verified as area residential unit owners, a copy of the petition shall be promptly provided to the ward councilperson. The ward councilperson shall submit a bill to decertify the area as a residential permit parking area to city council for consideration. The bill shall be referred to council's committee on planning/streets and traffic which will report to council its recommendation. City council shall make its decision on whether to decertify the area based upon the recommendation from its committee on planning/streets and traffic, the recommendation from the traffic department, input from members of the public and any other material information. (Bill No. 6850, § 31-208.1, 11-19-2001; Bill No. 7026, 2-2-2004; Bill No. 7378, 3-16-2009; Bill No. 7425, 6-22-2010; Bill No. 7815, 5-6-2019)

Charleston, W. Va., City Code § 114-579 Residential permit parking policy.

Sec. 114-579. - Residential permit parking policy. (a) Upon the establishment of a residential permit parking area in accordance with City Code section 114-578, the parking system director or his or her designee shall issue residential parking permits. (b) In order to obtain a permit, the resident must make written application to the parking system for the number of permits sought. In addition to the resident's name and address, the applicant must provide the make, model, color, license number and vehicle identification number for the vehicles sought to be permitted. (c) To obtain a residential parking permit, the resident must show photo identification with their name and current address. The resident must also show a current vehicle registration card for each vehicle for which a permit is sought. In the case of a company owned or leased vehicle, the resident must provide verification from the owner that the vehicle is assigned to the resident. Each permit is only valid for the specifically identified vehicle. (d) If a resident changes vehicles, the old permit must be surrendered prior to receipt of a new permit. The resident must provide the information as set forth in subsections (b) and (c) above for the new vehicle prior to receipt of the new permit. (e) Each residential unit may receive one visitor permit. (f) A visitor permit may not be used for any person and/or vehicle that is not visiting the residence for which the permit was issued. Violation of said visitor permit will result in cancellation of the visitor permit. (g) The permits must hang from the rearview mirror of the vehicle. (h) After the application has been completed and a permit issued by the parking director, the parking director shall transmit a copy of the application and vehicle information to the Traffic Commander of the Charleston Police Department. (i) Each residential permit parking area will be assigned an identifying number and/or color. Permits issued to residents of each area will be valid only in the area for which they are issued. (j) Temporary waivers of restricted residential permit parking may be granted by the Traffic Commander of the Charleston Police Department upon request for a specifically limited time and location not to exceed 24 hours. A request for waiver must be submitted at least seven days in advance, unless in the case of emergency. For non-emergency waiver requests, the resident requesting the waiver must submit written statements of approval from at least 51 percent of the residential units in the affected area. If a waiver is granted, no enforcement of the residential permit parking ordinance will take place for the duration of the waiver period. (k) Failure to properly display the permit will result in the issuance of a citation or possible impoundment of the vehicle in accordance with section 114-578 of the City Code. (Res. No. 843-01, 11-19-2001)

Charleston, W. Va., City Code § 114-580 Valet parking areas.

Sec. 114-580. - Valet parking areas. (a) The Director of Parking for the City of Charleston, in consultation with the City of Charleston Traffic Engineer and with consent of the City Manager, shall have the authority to establish valet parking areas within the city for the purpose of allowing business patrons to leave the vehicle for an attendant who shall move the vehicle to a lawful parking space outside of the valet parking area. The Director of Parking shall also have the authority to promulgate reasonable rules or regulations for the use of valet parking areas. Copies of such rules or regulations, as amended from time to time, shall be filed in the city clerk's office, and shall be available to interested parties at all reasonable times. (b) A valet parking area may be so designated by application to the Director of Parking specifying the proposed location of the valet parking area and hours of operation of the valet parking service. The Director of Parking will inspect the area to determine that the area does not constitute a nuisance or safety hazard, and is otherwise consistent with guidelines and laws regulating the flow of traffic in the City of Charleston. (b) It shall be unlawful for any person to operate valet parking services outside of a valet parking area, or to park a vehicle in a valet parking area in violation of any of the provisions of this Section. Any person violating the provisions of this Section shall be fined one hundred dollars ($100.00). Each day on which a violation of the provisions of this Section occurs shall be considered a separate violation. (c) In the event the City of Charleston should have a public need for use of a valet parking area, or any portion thereof, the City may, in its discretion and upon written notice to the business operating the valet parking service, modify, suspend, or terminate the valet parking area in its entirety or in part. (Bill. No. 7670, 10-19-2015)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH114TROR_ARTVIISTSTPA_DIV1GEFetched: 11/7/2026