                                 CODE OF VIRGINIA

POWERS OF LOCAL AUTHORITIES GENERALLY; ERECTION OF SIGNS AND MARKERS; MAXIMUM
PENALTIES (§ 46.2-1300)

A. The governing bodies of counties, cities, and towns may adopt ordinances not
in conflict with the provisions of this title to regulate the operation of
vehicles on the highways in such counties, cities, and towns. They may also
repeal, amend, or modify such ordinances and may erect appropriate signs or
markers on the highway showing the general regulations applicable to the
operation of vehicles on such highways. The governing body of any county, city,
or town may by ordinance, or may by ordinance authorize its chief administrative
officer to:

   1. Increase or decrease the speed limit within its boundaries, provided such
   increase or decrease in speed shall be based upon an engineering and traffic
   investigation by such county, city or town and provided such speed area or
   zone is clearly indicated by markers or signs;

   2. Authorize the city or town manager or such officer thereof as it may
   designate, to reduce for a temporary period not to exceed 60 days, without
   such engineering and traffic investigation, the speed limit on any portion of
   any highway of the city or town on which work is being done or where the
   highway is under construction or repair;

   3. Require vehicles to come to a full stop or yield the right-of-way at a
   street intersection if one or more of the intersecting streets has been
   designated as a part of the primary state highway system in a town that has a
   population of less than 3,500;

   4. Reduce the speed limit to less than 25 miles per hour, but not less than 15
   miles per hour, on any highway, including those in the state highway system,
   within its boundaries that is located in a business district or residence
   district for which the existing posted speed limit is 25 miles per hour, and
   restore a speed limit that had been reduced pursuant to this subdivision to
   the speed limit that had been previously posted at that location, provided
   that such reduced or restored speed limit is indicated by lawfully placed
   signs. At least 30 days prior to changing a speed limit on any highway in the
   state highway system pursuant to this subdivision, the governing body shall
   provide written notice of the change to the Commissioner of Highways. If any
   provision of this subdivision is inconsistent with the provisions of &#xA7;
   33.2-310, 33.2-317, 33.2-326, or 46.2-878, this subdivision shall be
   controlling.

B. No such ordinance shall be violated if at the time of the alleged violation
the sign or marker placed in conformity with this section is missing,
substantially defaced, or obscured so that an ordinarily observant person under
the same circumstances would not be aware of the existence of the ordinance.

C. No governing body of a county, city, or town may (i) provide penalties for
violating a provision of an ordinance adopted pursuant to this section that is
greater than the penalty imposed for a similar offense under the provisions of
this title or (ii) provide that a violation of a provision of an ordinance
adopted pursuant to this section is cause for a stop or arrest of a driver when
such a stop or arrest is prohibited for a similar offense under the provisions
of this title.

D. No county whose roads are under the jurisdiction of the Department of
Transportation shall designate, in terms of distance from a school, the
placement of flashing warning lights unless the authority to do so has been
expressly delegated to such county by the Department of Transportation, in its
discretion.

E. No law-enforcement officer shall stop a motor vehicle for a violation of a
local ordinance relating to the ownership or maintenance of a motor vehicle
unless such violation is a jailable offense. No evidence discovered or obtained
as the result of a stop in violation of this subsection, including evidence
discovered or obtained with the operator&#8217;s consent, shall be admissible in
any trial, hearing, or other proceeding.

HISTORY: Code 1950, §§ 46-198, 46-200; 1956, c. 134; 1958, c. 541, §
46.1-180; 1960, c. 172; 1972, c. 522; 1984, c. 345; 1989, c. 727; 2020, Sp.
Sess. I, cc. 45, 51; 2021, Sp. Sess. I, c. 318; 2024, c. 842.