Fairfax Municipal Code Ch. 12.28 Obstructions on Roads and Trails

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FIRE TRAIL. Any road, path, clearing, graded area or right-of-way established or maintained on public or private property primarily for firefighting or fire-protection purposes.

HIKING TRAIL. Any road, path, clearing, graded area, track or right-of-way established or maintained on public or private property primarily for hiking, camping and public recreation purposes.

MOTOR VEHICLE. Any wheeled conveyance of any type whatsoever which is motor-powered, including, but not limited to motorcycles, motor bikes, automobiles and trucks.

(Prior Code, § 12.28.010)

The Town Council does find and declare:

(A) Large sections of the town are heavily wooded with trees and underbrush, which constitute fire hazards; and

(B) It is necessary for the protection of people and property of the town that all streets, roads and easements be available and unobstructed for vehicular traffic in case of necessity to travel to avoid or quench a fire.

(Prior Code, § 12.28.020)

(A) It is unlawful for any person to obstruct any road by parking thereon any motor vehicle, or other obstruction, so as to interfere with the free flow of traffic. Any parking of a motor vehicle or other obstruction on the road which leaves a traveled portion of less than 12 feet shall be deemed to be an obstruction of the road.

(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

ROAD. Any road defined in this chapter, any public street in the town, or any easement, right-of-way, thoroughfare or road used, or dedicated for use, for vehicular traffic, whether public or private.

(Prior Code, § 12.28.030)

It is unlawful for any person to operate any motor vehicle other than a publicly owned motor vehicle on, over or across any fire trail or hiking trail, or any lands immediately adjacent thereto, without first securing a permit from the Fire Chief of the town. The permit shall be issued, without fee, in cases where an application is made, unless the Fire Chief finds and determines that the issuance of the permit shall constitute a hazard to persons or property by reason of the nature of the vehicle or the proposed method of operation thereof.

(Prior Code, § 12.28.040)

Any person whose application for a permit has been denied by the Chief of the Fire Department may appeal the decision in writing to the Town Council of the town within ten days after the denial. The Town Council thereupon shall conduct a hearing on the appeal at its next regular meeting. The Council’s decision shall be final.

(Prior Code, § 12.28.050)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 1.08 of this code.

(Prior Code, § 12.28.060)