Drivers who seriously injure or kill a pedestrian in a crosswalk in Fairfax County will now face the potential of jail time, under changes set for approval this week.
The Board of Supervisors is slated to approve a slew of amendments to the Fairfax County Code today (Tuesday), bringing local laws into alignment with changes made by the General Assembly.
Set to take effect July 1, some of the changes are essentially housekeeping items, but others will have more significant ramifications.
Among them is a proposal to increase the penalty on motorists who hit pedestrians walking in marked crosswalks.
Currently, all incidents are treated as traffic offenses, though drivers can face criminal charges for speeding or driving under the influence of alcohol or drugs. Under changes to state law, motorists who cause serious injury or death to pedestrians now can be charged with a Class 1 misdemeanor.
That is the highest level of non-felony offense, and carries the potential of 12 months in jail and/or a $2,500 fine. Other Class 1 misdemeanor offenses include assault and battery, reckless driving and driving while intoxicated.
A misdemeanor charge would be applicable to roadways where the speed limit is 35 mph or below.
Pedestrians in Virginia don’t have absolute rights to cross traffic in crosswalks. A provision in the same statute, which was left unchanged, notes that “no pedestrian shall enter or cross an intersection in disregard of approaching traffic.”
Other traffic code changes on the table include tougher penalties for stunt or exhibition driving, which was a priority for Fairfax County officials. The General Assembly passed legislation this spring classifying exhibition driving as a form of reckless driving, criminalizing not only the drivers, but also those who organize or assist with races.
Before formally voting, the Board of Supervisors will hold public hearings on the traffic-related code changes and others this afternoon, starting no earlier than 4:30 p.m. Other amendments set for public hearings and likely adoption today:
Drinking alcohol in public
A proposed revision to the county code will prohibit drinking alcohol in public on any sidewalk adjoining a public street, expanding a provision that already bans drinking at public parks and playgrounds or on public streets.
Public drinking in Virginia is classified as a Class 4 misdemeanor. The maximum penalty is a $250 fine; no jail time is involved.
There is an exception in state law for events taking place in public areas where proper permits for alcohol sales have been obtained from the Virginia Alcoholic Beverage Control Authority.
Alcohol on school grounds
Virginia law currently prohibits alcohol during school hours or during school activities. The proposed revision to the Fairfax County Code essentially amounts to a blanket prohibition on alcohol use at schools.
Violations in Virginia are classified as a Class 2 misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000.
Exceptions apply to religious organizations, which can use sacramental wine during services conducted in school buildings, and, in certain instances, to performing arts facilities connected to schools.
Enforcement of fireworks matters
A proposed change to the county code’s chapter on fire protection (Chapter 62) would authorize the Fairfax County Police Department to enforce certain provisions related to fireworks.
Currently, enforcement is limited to the county Fire Marshal staff.
Police enforcement powers would include all areas of the county as well as county government facilities located outside Fairfax’s geographic borders.
Regulation of micromobility devices
The Board of Supervisors is also expected to update the county code chapter on fire protection (Chapter 62) with a section placing restrictions on the storage and charging of electric bicycles, scooters and other micromobility devices powered by lithium-ion batteries.
The new language on mobility devices is in line with changes coming to the International Fire Prevention Code in 2027, county officials said. Intended to address public or communal charging stations, the changes won’t affect mobility devices that are stored in residential settings for an individual’s personal use.
The new rules include specifications for where the devices can be charged, with bans on extension cords and a minimum distance of 18 inches between each battery during the charging process.
For facilities that are impacted by the new regulations, there will be a $195 annual review fee.
