Norfolk Southern Railway Company v. City of Alexandria et al, No. 1:2008cv00618 - Document 27 (E.D. Va. 2009)
Court Description: MEMORANDUM OPINION re 18 and 20 Motions for Summary Judgment. Signed by District Judge James C. Cacheris on 4/15/2009. (Attachments: # 1 Appendix)(rban, )
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Appendix 1 ORDINANCE NO. 4555 AN ORDINANCE to amend and reordain Section 5-2-27 (HAULING OF WASTE MATERIALS, CONSTRUCTION MATERIALS, ETC., PROHIBITED) of Chapter 2 (STREETS AND SIDEWALKS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended. THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS: Section 1. That Section 5-2-27 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows: Sec. 5-2-27 Hauling of waste materials, construction materials, etc., prohibited. (a) Hauling waste materials of any type, building or construction supplies of any type, bulk materials or commodities of any type, heavy vehicles or.equipment of any type not licensed for street use, or dirt, debris or fill of any type is prohibited on all streets within the City, except pursuant to a permit issued under subsection (b) of this section, or pursuant to an exemption under subsection (e) of this section. (b) The director of transportation and environmental services is hereby authorized to issue permits to haul such materials, supplies or.equipment over the streets within the City, subject to such conditions and restrictions specifying the time and route for such hauling, and such additional conditions and restrictions, as the director may deem appropriate to promote traffic safety and to minimize disruption to established residential, commercial, institutional and other areas in the City. (c) Any person who, as the owner, lessee, operator or driver of a motor vehicle or trailer, commits, permits, directs, assists in or attempts any violation of this section shall be guilty of a class two misdemeanor. (d) Any person who, as the owner of any land, building or structure to or from which such materials, supplies or equipment are hauled, or the agent thereof having possession or control of such property as employee, lessee, tenant, architect, builder, contractor or otherwise, commits, permits, directs, assists in or attempts any violation of this section shall be guilty of a class two misdemeanor. (e) The prohibition set forth in subsection (a) of this section shall not apply to the hauling of such materials, supplies or equipment (JQ to or from any specific location or site at the rate of five or fewer trips for pickup or delivery of such materials or equipment in any consecutive thirty day period, (2) to the business location of a retail merchant for use by such merchant in the ordinary course of such merchant's business or from the business location of such a merchant in the ordinary course of such merchant's business to specific locations or sites, but subject to the limitation in clause (1) for each such location or site, nor (3) to the non- commercial hauling of such materials or equipment to or from a dwelling unit, by a resident therein. Section 2. That this ordinance is declaratory of existing law. Section 3. That this ordinance shall become effective upon the date and at the time of its final passage. WILLIAM D. EUILLE Mayor Final Passage: June 14, 2008
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