City of Alexandria, Virginia
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MEMORANDUM
DATE: MARCH 4, 2015
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: MARK B. JINKS, ACTING CITY MANAGER /s/
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Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend City Code Section City Code 10-4-13 By Deleting Subsection (a), Which Prohibits the Display of Vehicles For Sale Within the Public Right of Way in the City of Alexandria.
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ISSUE: Since at least the 1950's, the City has maintained a prohibition against displaying vehicles in the public right of way for the purpose of selling that vehicle. That prohibition is currently codified at City Code Section 10-4-13(a). Several citizens cited for violating the section have raised legal challenges to the prohibition as a violation of the First Amendment right to free speech. While the City Attorney's office believes the regulation is legal, these challenges have prompted staff to examine the necessity of the current prohibition, taking into account how long the code section has been in place, the relatively few complaints over time staff has received about vehicles violating the ordinance and the many significant changes in how used cars can be sold.
RECOMMENDATION: That City Council introduce the attached ordinance (Attachment 2) deleting City Code Section 10-4-13(a) and renumbering the remaining sections and set it for public hearing and final passage on March 14, 2015.
BACKGROUND AND DISCUSSION: The prohibition against parking vehicles in the right of way for purposes of sale dates back to at least the late 1950's and perhaps earlier. While it is unclear what set of facts and circumstances prompted the adoption of this code section, it is clear that one of the reasons for the code section was to address vehicular and pedestrian safety issues in the areas where used vehicle...
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