The Code of the Town of Shenandoah, Virginia

 

 

 

 

THE CODE OF

 

THE TOWN OF

 

SHENANDOAH, VIRGINIA

 

Codified through

 

Ordinance of June 8, 2010.

 

Supplement No. 8

 

 

 

 

 

 

THE CODE

OF THE

TOWN OF

SHENANDOAH, VIRGINIA

 

________

 

Published by Order of the Town Council

 

________

 

M

MUNICIPAL CODE CORPORATION

CC

Tallahassee, Florida    2002

 

 

CURRENT OFFICIALS

(July 1, 2010)

 

of the

 

TOWN OF

 

SHENANDOAH, VIRGINIA

 

________

 

Clinton O. Lucas, Jr.

 

Mayor

 

________

 

William L. Kite

 

Vice Mayor

 

________

 

Russell Comer, Jr.

 

Charlie Jenkins

 

Ira Michael Lowe

 

Richard G. Pierce

 

Keith F. Sampson

 

Town Council

 

________

 

Larry E. Dovel

 

Town Manager

 

________

 

Steven M. Blatt

 

Town Attorney

 

________

 

Cindy Breeden

 

Treasurer

 

________

 

Juanita Roudabush

 

Assistant Manager and Clerk

 

OFFICIALS

 

of the

 

TOWN OF

 

SHENANDOAH, VIRGINIA

 

AT THE TIME OF THIS CODIFICATION

 

________

 

Clinton O. Lucas, Jr.

 

Mayor

 

________

 

William L. Kite

 

Vice Mayor

 

________

 

Mike Clapper

 

David M. Hinkle

 

Charlie Jenkins

 

Rita Rudolph

 

C.L. "Chuck" Tomney

 

Town Council

 

________

 

Larry E. Dovel

 

Town Manager

 

________

 

Steven M. Blatt

 

Town Attorney

 

________

 

Geraldine Cubbage

 

Treasurer

 

________

 

Juanita Roudabush

 

Assistant Manager and Clerk

 

PREFACE

 

This Code constitutes a recodification of the general and permanent ordinances of the Town of Shenandoah, Virginia.

 

Source materials used in the preparation of the Code were the 1992 Code and ordinances subsequently adopted by the town council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1992 Code, and any subsequent ordinance included herein.

 

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

 

Chapter and Section Numbering System

 

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

 

Page Numbering System

 

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

 

CHARTER

CHT:1

CHARTER COMPARATIVE TABLE

CHTCT:1

CODE

CD1:1

CODE APPENDIX

CDA:1

CODE COMPARATIVE TABLES

CCT:1

STATE LAW REFERENCE TABLE

SLT:1

CHARTER INDEX

CHTi:1

CODE INDEX

CDi:1

 

 

Indexes

 

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

 

Looseleaf Supplements

 

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

 

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

 

Acknowledgments

 

This publication was under the direct supervision of Milton E. Lefkoff, Senior Code Attorney, and Jody Wilson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

 

The publisher is most grateful to Mr. Steven Blatt, Town Attorney, Mr. Larry Dovel, Town Manager, and Ms. Juanita Roudabush, Town Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the town's affairs.

 

Copyright

 

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the Town of Shenandoah, Virginia. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the Town of Shenandoah, Virginia.

 

© Copyrighted material.

Municipal Code Corporation and the Town of Shenandoah, Virginia. 2002.

 

ADOPTING ORDINANCE

 

ORDINANCE NO. 1

 

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF SHENANDOAH, VIRGINIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

 

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF SHENANDOAH, VIRGINIA:

 

Section 1. The Code entitled "The Code of the Town of Shenandoah, Virginia," published by Municipal Code Corporation, consisting of chapters 1 through 78, each inclusive, is adopted.

 

Section 2. All ordinances of a general and permanent nature enacted on or before April 16, 2001, and not included in the Code or recognized and continued in force by reference therein, are repealed.

 

Section 3.The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

 

Section 4. Unless another penalty is expressly provided, every person who violates any provision of the Code, or any other ordinance of the town shall be guilty of a class 1 misdemeanor. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the town may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

 

Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the town council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

 

Section 6. Ordinances adopted after April 16, 2001, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

 

Section 7. This ordinance shall become effective November 12, 2002.

 

PASSED AND ADOPTED by the town council this 12th day of November, 2002.

 

APPROVED:

 

 

____________________

Clinton O. Lucas, Jr., Mayor

 

ATTESTED:

 

 

 

 

____________________

Juanita F. Roudabush, Town Clerk

 

Certificate of Adoption

 

I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the town council of the Town of Shenandoah, Virginia, held on the 12th day of November, 2002.

 

 

____________________

Juanita F. Roudabush, Town Clerk

 

 
Town Code Table of Contents

 

 

TABLE OF CONTENTS

 

 

 

Officials of the Town at the Time of this Codification. . . . . iii

 

Current Officials (Reserved). . . . . v

 

Preface. . . . . vii

 

Adopting Ordinance. . . . . xi

 

Checklist of Up-to-Date Pages. . . . . [1]

 

  PART I

 

CHARTER

 

Charter. . . . . CHT:1

 

Charter Comparative Table--Acts. . . . . CHTCT:1

 

  PART II

 

CODE OF ORDINANCES

 

Chapter

 

            1.         General Provisions. . . . . CD1:1

 

            2.         Administration. . . . . CD2:1

 

                        Art. I.  In General. . . . . CD2:3

 

                        Art. II. Town Council. . . . . CD2:3

 

                        Art. III.           Officers and Employees. . . . . CD2:7

 

                                    Div. 1. Generally. . . . . CD2:7

 

                                    Div. 2. Specific Officers. . . . . CD2:11

 

                        Art. IV.           Boards and Commissions. . . . . CD2:13

 

                        Art. V. Finance. . . . . CD2:14

 

            3--5.     Reserved. . . . . CD3:1

 

            6.         Amusements and Entertainments. . . . . CD6:1

 

                        Art. I.  In General. . . . . CD6:3

 

                        Art. II. Music and Entertainment Festivals. . . . . CD6:3

 

                                    Div. 1. Generally. . . . . CD6:3

 

                                    Div. 2. Permit. . . . . CD6:4

 

            7--9.     Reserved. . . . . CD7:1

 

            10.       Animals. . . . . CD10:1

 

                        Art. I.  In General. . . . . CD10:3

 

                        Art. II. Dogs and Cats. . . . . CD10:5

 

                                    Div. 1. Generally. . . . . CD10:5

 

                                    Div. 2. Rabies Inoculation. . . . . CD10:10

 

            11--13. Reserved. . . . . CD11:1

 

            14.       Buildings and Building Regulations. . . . . CD14:1

 

                        Art. I.  In General. . . . . CD14:3

 

                        Art. II. Permit and Inspection Fees. . . . . CD14:6

 

                        Art. III.           Dangerous Buildings, Walls and Other Structures. . . . . CD14:10

 

            15--17. Reserved. . . . . CD15:1

 

            18.       Businesses. . . . . CD18:1

 

                        Art. I.  In General. . . . . CD18:3

 

                        Art. II. License Taxes. . . . . CD18:3

 

            19--21. Reserved. . . . . CD19:1

 

            22.       Community Development. . . . . CD22:1

 

                        Art. I.  In General. . . . . CD22:3

 

                        Art. II. Industrial Development Authority. . . . . CD22:3

 

            23--25. Reserved. . . . . CD23:1

 

            26.       Environment. . . . . CD26:1

 

                        Art. I.  In General. . . . . CD26:3

 

                        Art. II. Noise. . . . . CD26:3

 

                                    Div. 1. Generally. . . . . CD26:3

 

                                    Div. 2. Sound Trucks. . . . . CD26:5

 

                        Art. III.           Nuisances. . . . . CD26:7

 

                                    Div. 1. Generally. . . . . CD26:7

 

                                    Div. 2. Abatement. . . . . CD26:9

 

                        Art. IV.           Erosion and Sediment Control. . . . . CD26:11

 

            27--29. Reserved. . . . . CD27:1

 

            30.       Fire Prevention and Protection. . . . . CD30:1

 

                        Art. I.  In General. . . . . CD30:3

 

                        Art. II. Fire Prevention Code. . . . . CD30:9

 

                        Art. III.           Fire Department. . . . . CD30:10

 

            31--33. Reserved. . . . . CD31:1

 

            34.       Health and Sanitation. . . . . CD34:1

 

                        Art. I.  In General. . . . . CD34:3

 

                        Art. II. Unsanitary Accumulations and Vegetation. . . . . CD34:3

 

                        Art. III.           Stockpiling of Tires. . . . . CD34:5

 

            35--37. Reserved. . . . . CD35:1

 

            38.       Law Enforcement. . . . . CD38:1

 

            39--41. Reserved. . . . . CD39:1

 

            42.       Offenses and Miscellaneous Provisions. . . . . CD42:1

 

                        Art. I.  In General. . . . . CD42:5

 

                        Art. II. Inchoate Offenses. . . . . CD42:5

 

                        Art. III.           Offenses Against the Person. . . . . CD42:5

 

                        Art. IV.           Offenses Against Property. . . . . CD42:6

 

                        Art. V. Offenses Involving Fraud. . . . . CD42:8

 

                        Art. VI.           Offenses Involving Health and Safety. . . . . CD42:9

 

                                    Div. 1. Generally. . . . . CD42:9

 

                                    Div. 2. Weapons. . . . . CD42:10

 

                        Art. VII.          Offenses Involving Morals and Decency. . . . . CD42:14

 

                                    Div. 1. Generally. . . . . CD42:14

 

                                    Div. 2. Gambling. . . . . CD42:15

 

                                    Div. 3. Prostitution and Related Offenses. . . . . CD42:17

 

                                    Div. 4. Obscenity and Related Offenses. . . . . CD42:18

 

                        Art. VIII.        Offenses Against Peace and Order. . . . . CD42:20

 

                        Art. IX.           Offenses Against Government Administration. . . . . CD42:26

 

            43--45. Reserved. . . . . CD43:1

 

            46.       Personnel. . . . . CD46:1

 

                        Art. I.  In General. . . . . CD46:3

 

                        Art. II. Grievance Procedure. . . . . CD46:3

 

            47--49. Reserved. . . . . CD47:1

 

            50.       Planning. . . . . CD50:1

 

                        Art. I.  In General. . . . . CD50:5

 

                        Art. II. Zoning. . . . . CD50:5

 

                                    Div. 1. Generally. . . . . CD50:5

 

                                    Div. 2. District Regulations. . . . . CD50:18

 

                                    Div. 3. Supplementary Regulations. . . . . CD50:37

 

                                    Div. 4. Nonconforming Uses. . . . . CD50:57

 

                                    Div. 5. Administration and Enforcement. . . . . CD50:60

 

                        Art. III.           Subdivisions. . . . . CD50:70

 

                                    Div. 1. Generally. . . . . CD50:70

 

                                    Div. 2. Submission and Review Procedures. . . . . CD50:81

 

                                    Div. 3. Specifications for Documents to Be Submitted. . . . . CD50:89

 

                                    Div. 4. Design Standards and Specifications. . . . . CD50:94

 

            51--53. Reserved. . . . . CD51:1

 

            54.       Solid Waste. . . . . CD54:1

 

                        Art. I.  In General. . . . . CD54:3

 

                        Art. II. Refuse Collection Services. . . . . CD54:5

 

                        Art. III.           County Landfill. . . . . CD54:8

 

                        Art. IV.           Hazardous Waste. . . . . CD54:9

 

                                    Div. 1. Generally. . . . . CD54:9

 

                                    Div. 2. Transportation. . . . . CD54:10

 

            55--57. Reserved. . . . . CD55:1

 

            58.       Streets, Sidewalks and Other Public Places. . . . . CD58:1

 

                        Art. I.  In General. . . . . CD58:3

 

                        Art. II. Sidewalks, Private Alleys; Construction, Maintenance. . . . . CD58:7

 

                        Art. III.           Excavations. . . . . CD58:9

 

                        Art. IV.           Demonstrations; Parades; Picketing. . . . . CD58:11

 

                                    Div. 1. Generally. . . . . CD58:11

 

                                    Div. 2. Demonstrations and Parades. . . . . CD58:11

 

                                    Div. 3. Picketing. . . . . CD58:15

 

            59--61. Reserved. . . . . CD59:1

 

            62.       Taxation. . . . . CD62:1

 

                        Art. I.  In General. . . . . CD62:3

 

                        Art. II. Property Taxes. . . . . CD62:3

 

                        Art. III.           Consumer Utility Taxes. . . . . CD62:5

 

                                    Div. 1. Generally. . . . . CD62:5

 

                                    Div. 2. Telephone Service. . . . . CD62:6

 

                                    Div. 3. Electrical and Natural Gas Service. . . . . CD62:8

 

                        Art. IV.           Meals Tax. . . . . CD62:11

 

                        Art. V. Lodging Tax. . . . . CD62:15

 

                        Art. VI.           Real Estate Taxation. . . . . CD62:17

 

            63--65. Reserved. . . . . CD63:1

 

            66.       Traffic and Vehicles. . . . . CD66:1

 

                        Art. I.  In General. . . . . CD66:3

 

                        Art. II. Stopping, Standing and Parking. . . . . CD66:10

 

                        Art. III.           Local Vehicle License. . . . . CD66:18

 

            67--69. Reserved. . . . . CD67:1

 

            70.       Trailers and Trailer Parks. . . . . CD70:1

 

            71--73. Reserved. . . . . CD71:1

 

            74.       Utilities. . . . . CD74:1

 

                        Art. I.  In General. . . . . CD74:5

 

                        Art. II. Water. . . . . CD74:5

 

                                    Div. 1. Generally. . . . . CD74:5

 

                                    Div. 2. Town Water Service. . . . . CD74:8

 

                                    Div. 3. Cross Connection Control; Backflow Prevention. . . . . CD74:13

 

                        Art. III.           Sewers and Sewage. . . . . CD74:17

 

                                    Div. 1. Generally. . . . . CD74:17

 

                                    Div. 2. Building Sewers and Connections. . . . . CD74:20

 

                                    Div. 3. Extension of Sanitary Sewer Lines. . . . . CD74:23

 

                                    Div. 4. Use of Sewers. . . . . CD74:24

 

            75--77. Reserved. . . . . CD75:1

 

            78.       Vehicles for Hire. . . . . CD78:1

 

                        Art. I.  In General. . . . . CD78:3

 

                        Art. II. Driver's Permit. . . . . CD78:3

 

Code Comparative Table--1992 Code. . . . . CCT:1

 

Code Comparative Table--Ordinances. . . . . CCT:5

 

State Law Reference Table. . . . . SLT:1

 

Charter Index. . . . . CHTi:1

 

Code Index. . . . . CDi:1

 
Town Code Charter Comparative Table Acts

 

 

CHARTER COMPARATIVE TABLE--ACTS

 

This table shows the location of the sections of the basic Charter and any amendments thereto.

 

Acts

Chapter

Section

 Section this Charter

1926

163

1--39

1--39

1928

301

1

5a

 

 

 

6, 7

 

 

 

21

 

347

 

6, 7

 

 

 

21

1932

318

1

5a

 

 

 

6

 

 

 

26a

1938

11

1

26

1952

473

1

7

 

 

 

19

 

 

 

20

 

 

 

21

1962

124

1

4

 

 

 

4.1

1972

108

1

4

 

 

 

4.2

1999

SB 726

1

5

 

 
Town Code Part 1 Charter

 

 

 

  PART I

 

CHARTER*

__________

*             Editors Note: Printed herein is Acts 1926, chapter 163, as adopted by the General Assembly of Virginia, and approved on March 17, 1926. Amendments to the act are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets.

                State Law References: Charter not affected by local government law, Code of Virginia, §§ 15.2-100, 15.2-1103.

__________

Sec. 1. Town incorporated; powers generally.

Sec. 2. Boundaries.

Sec. 3. Government vested in town council; composition of council and qualifications of members.

Sec. 4. Election of mayor; term of office.

Sec. 4.1. Election and term of councilmen--Prior to 1974.

Sec. 4.2. Same--Beginning 1974.

Sec. 5. Appointment, qualification, bonds and terms of town officers; filling vacancies.

Sec. 5a. Appointment of justice of the peace; term; powers generally; compensation; substitute justice.

Sec. 6. Mayor--Chief executive officer of town; without judicial powers.

Sec. 7. Same--Salary.

Sec. 8. Same--To preside over council; right to vote.

Sec. 9. Same--Filling of vacancy.

Sec. 10. Election of president pro tempore in mayor's absence.

Sec. 11. Public utilities--Acquisition, maintenance, etc., of waterworks and other utilities.

Sec. 12. Same--Appointment of officers; establishment of regulations; fixing of rates.

Sec. 13. Sewers and sewage systems.

Sec. 14. Town to constitute separate road district.

Sec. 15. Town to constitute school district; appointment and term of trustees.

Sec. 16. Appointment of additional policemen.

Sec. 17. Bonded indebtedness.

Sec. 18. Adoption of ordinances.

Sec. 19. Duties of town clerk.

Sec. 20. Duties of town treasurer.

Sec. 21. Powers and duties of town sergeant.

Sec. 22. Clerk, treasurer and sergeant to be under control of council; removal.

Sec. 23. Council--Meetings; quorum.

Sec. 24. Same--To judge election and qualifications of members; power to fill vacancies.

Sec. 25. Same--Election of committees.

Sec. 26. Same--Powers enumerated.

Sec. 26a. Organization and maintenance of volunteer fire department; police powers of fire chief and wardens.

Sec. 27. Capitation tax.

Sec. 28. Licensing.

Sec. 29. Laying of sewers, sidewalks, etc., levy and collection of special assessments therefor.

Sec. 30. Bonds.

Sec. 31. Regulation of buildings and building lines.

Sec. 32. Licensing and regulating shows, circuses, etc.

Sec. 33. Prohibition ordinances.

Sec. 34. Removal of snow from sidewalks; skating or riding bicycles thereon.

Sec. 35. Punishment of offenses.

Sec. 36. Applicability of general laws of state; powers enumerated in Charter not exclusive.

Sec. 37. Ordinances continued in force.

Sec. 38. Severability of provisions.

Sec. 39. Repealing clause.

 

Sec. 1. Town incorporated; powers generally.

 

The Town of Shenandoah, in the County of Page, shall continue to be a town corporate, in the name and style of the Town of Shenandoah and as such shall have and exercise all the powers conferred upon towns of less than five thousand inhabitants by the general laws of this state concerning towns now in force or that hereafter may be enacted for the government of towns so far as the same are not inconsistent with this act [this Charter].

 

Sec. 2. Boundaries.

 

The boundaries of said town shall be as follows: Beginning on the east side of the Shenandoah River, at the corner between D. W. Wyant and Shenandoah Iron and Lumber Mining and Manufacturing Company; thence north thirty-nine east, one hundred and fifty-five and two-tenths poles, to a large pine tree near a pond, and east of the Gem furnace; continuing the same course one hundred and seventy-nine and four-tenths poles in all, to a bunch of white oaks north twenty-five west, eight-tenths of a pole from a stake, corner to J. H. Pollard's acre lot; thence north fourteen and three-fourths west, one hundred and thirty-five poles to a locust tree on a hill; the same course continuing and forty-one eightieths mile to a stake on the line between Dovel and Singlinger; thence north seventy-eight west, one hundred and fifty-six poles to the corner between William Peters and George Kite, at the river; thence up the river to the beginning.

 

Sec. 3. Government vested in town council; composition of council and qualifications of members.

 

The government of said town shall be vested in a town council, which shall be composed of the mayor and six councilmen, each of whom shall be a qualified voter within the said town.

 

Sec. 4. Election of mayor; term of office.

 

The mayor shall be elected on the first Tuesday in May, nineteen hundred seventy-four, and every two years thereafter, and shall hold office for two years from the first day of July next succeeding his election.

(Acts 1962, ch. 124, § 1; Acts 1972, ch. 108, § 1)

 

Sec. 4.1. Election and term of councilmen--Prior to 1974.

 

Six councilmen shall be elected on the second Tuesday in June, nineteen hundred sixty-three, and shall hold office from the first day of September next succeeding their election for the following terms: the three candidates for councilman receiving the largest number of votes shall hold office for terms of four years each, and the three candidates for councilmen receiving the next highest number of votes shall hold office for terms of two years each; and each two years thereafter, three councilmen shall be elected to hold office for terms of four years from the first day of September next succeeding their election.

(Acts 1962, ch. 124, § 1)

                Editors Note: This section should be construed in pari materia with section 4.2 and with Code of Virginia, § 24.2-222, which provides, in pertinent part, that "Except as provided in Code of Virginia, § 24.2-222.1, and notwithstanding any other provision of law, general or special,  . . .  any election of mayor or councilmen of a city or town whose charter provides for such elections at two-year or four-year intervals shall take place at the May general election of an even-numbered year . . . ."

 

Sec. 4.2. Same--Beginning 1974.

 

Notwithstanding the provisions of section 4.1, there shall be six councilmen, who shall serve four-year staggered terms as provided in section 4.1; three of whom shall be elected on the first Tuesday in May, nineteen hundred seventy-four, and shall hold office from the first day of July following their election, and three of whom shall be elected on the first Tuesday in May, nineteen hundred seventy-six and shall hold office from the first day of July following their election.

(Acts 1972, ch. 108, § 1)

 

Sec. 5. Appointment, qualification, bonds and terms of town officers; filling vacancies.

 

The council shall appoint a clerk and town sergeant, and if they deem it advisable a deputy town sergeant, and also a town treasurer and such other officers as the council may deem necessary and proper, all of whom shall hold office at and during the pleasure of the council, and said officers shall qualify and execute bonds in the manner prescribed by resolution of the council, and the council shall have power to fill the vacancy in any of these offices created by death, resignation, removal or otherwise.

(Acts 1999, SB 726, § 1)

 

Sec. 5a. Appointment of justice of the peace; term; powers generally; compensation; substitute justice.

 

The council of the said Town of Shenandoah shall at its first meeting in September in the year in which its members are elected appoint a justice of the peace for the said town, who shall be an elector of said town, and who shall enter upon the duties of his office immediately upon qualification in the manner prescribed by law for the qualification of justices of the peace, and shall continue in office until his successor shall have been appointed and qualified. His term of office shall be coincident with that of the other officers of said town. The said justices of the peace shall be clothed with all the powers, authority and jurisdiction in both civil and criminal matters within said town as are now vested in and conferred upon the mayors of incorporated towns of this Commonwealth by the general laws of the state, and an appeal shall lie to the circuit court of Page County in all cases and in the same manner in which appeals are now granted and taken from the decision of the mayors of towns. The said justices of the peace shall receive as compensation for his services the same fees that are allowed by law to justices of the peace, and such other compensation as the town council may prescribe.

 

If for any reason the said justice of the peace shall be unable to perform the duties of his office, or shall be absent from the County of Page, the council of said town may appoint some other person as a substitute for said justice of the peace, who shall act in his place and stead during such time as said justice of the peace shall be unable to perform the duties of his office, or shall be absent from the said County of Page.

(Acts 1928, chs. 301, § 1, and 347, § 1; Acts 1932, ch. 318, § 1)

                Editors Note: The office of justice of the peace has been abolished; see Code of Virginia, § 19.2-30. Attention is invited to Code of Virginia, § 16.1-69.7 which provides that on and after July 1, 1973, there shall be in each city and in each county a general district court and a juvenile and domestic relations district court. Code of Virginia, § 16.1-69.8(d) provides that the municipal court or other court, however called, having general civil and criminal jurisdiction in any town shall be abolished, and all jurisdiction and power conferred upon any such court shall pass to the general district court and juvenile and domestic relations district court of the county wherein the town is located. Code of Virginia, § 16.1-69.1 provides that all provisions of municipal charters inconsistent with Code of Virginia, title 16.1 are, except as otherwise provided, repealed to the extent of such inconsistency.

 

Sec. 6. Mayor--Chief executive officer of town; without judicial powers.

 

The mayor shall be the chief executive officer of the town, and shall by virtue of his office possess no power, authority or jurisdiction to try violations of the ordinances of the town or to act as a justice of the peace in either civil or criminal matters, and all such power, authority and jurisdiction as is customarily exercised by the mayor of towns shall be vested in a justice of the peace to be appointed by said council as herein more fully set forth.

(Acts 1928, chs. 301 and 347; Acts 1932, ch. 318, § 1)

                Editors Note: The office of town justice of the peace has been abolished. See the editor's note under § 5a.

 

Sec. 7. Same--Salary.

 

The salary of the mayor shall be fixed by the town council.

(Acts 1928, chs. 301 and 347; Acts 1952, ch. 473, § 1)

 

Sec. 8. Same--To preside over council; right to vote.

 

The mayor shall preside over the council, but shall have no vote except in the case of a tie.

 

Sec. 9. Same--Filling of vacancy.

 

In case a vacancy shall occur in the office of mayor the vacancy shall be filled by appointment by the council of anyone eligible to such office.

 

Sec. 10. Election of president pro tempore in mayor's absence.

 

If the mayor be absent during any meeting of the council, it shall elect one of its number as president pro tempore.

 

Sec. 11. Public utilities--Acquisition, maintenance, etc., of waterworks and other utilities.

 

The Town of Shenandoah shall have the right to maintain, operate, acquire, construct and keep waterworks and electric plants, and any other plants or property which towns have the right to conduct, maintain, acquire, operate and construct under the general laws of this state.

 

Sec. 12. Same--Appointment of officers; establishment of regulations; fixing of rates.

 

For the purpose of properly conducting its waterworks, electric plant and other public works, the council may employ such officers, agents and employees as it may deem necessary, and fix the compensation of the same; may promulgate and establish such rules and regulations in regard to the use and maintenance of such water, water systems, electric plant and public works as it thinks best; may fix the rates for the use of water, electricity, et cetera, from its works, and provide for the collection of the same; may change and alter the rates at any time, without notice; and the council shall be the sole judge of the rates to be charged for such service; and the council is granted all the powers which a municipal corporation has in the operation of its public works.

 

Sec. 13. Sewers and sewage systems.

 

The town may construct, maintain and operate sewers and sewage systems, and charge for connections therewith, and the use thereof such rates as the council may deem proper, and may change the same from time to time. The council may establish and promulgate any rules and regulations in regard to the connection, or continued use thereof as it may deem proper; may refuse any connection, and disconnect the same if for any reason the connection, or continued use thereof, becomes inimical to the public welfare, or detrimental to the sewerage system, or if the charges therefor be unpaid, and the council may be the sole judge when the same is to be disconnected or when the connection is to be refused.

 

Sec. 14. Town to constitute separate road district.

 

The Town of Shenandoah shall constitute a separate road district and no property in the town shall be liable for any assessment for road purposes in the County of Page.

 

Sec. 15. Town to constitute school district; appointment and term of trustees.

 

The Town of Shenandoah shall continue to be a single and separate school district, under the name and title of Milnes school district, and the council shall have the power to appoint three school trustees to serve, one, two and three years, respectively, and annually thereafter it shall appoint a school trustee for said district to serve for three years.

                Editors Note: The above section should be construed in the light of Code of Virginia, title 22.1, chs. 4 and 5 (Code of Virginia, § 22.1-25 et seq.).

 

Sec. 16. Appointment of additional policemen.

 

If at any time the mayor shall believe that an emergency exists, or that it is necessary for the good order and preservation of the laws that additional policemen be provided, he shall have the right to furnish and qualify such additional policemen, whose compensation shall be fixed by the council.

 

Sec. 17. Bonded indebtedness.

 

The bonded indebtedness of said town shall be limited to the provisions of the present Constitution of Virginia, and the manner of creating same shall be in accordance therewith.

 

Sec. 18. Adoption of ordinances.

 

All ordinances of the town, must, before becoming effective, be enacted by a majority vote of the council, and be approved by the mayor, and if disapproved by the mayor, shall become effective, only upon the affirmative vote of the council by at least four members thereof entered of record.

 

Sec. 19. Duties of town clerk.

 

It shall be the duty of the town clerk to keep a correct and proper record of the proceedings of the council, and to publish in such manner as the council may indicate, the bylaws, ordinances and resolutions that may from time to time be adopted. He shall, under such ordinances and resolutions as the council may adopt, issue licenses to all persons engaged in a pursuit, business, occupation, calling, profession or other purpose for which a license shall be required, shall prepare the tax tickets, and shall perform such other duties as may be required of him by the council and by the provisions of this act [this Charter], for which services he shall receive such compensation as the council may determine to be right and proper.

(Acts 1952, ch. 473, § 1)

 

Sec. 20. Duties of town treasurer.

 

The treasurer of said town shall be the disbursing agent of the town and may have the custody of all moneys. He shall receive all moneys belonging to and received by the town and keep a correct account of all receipts from all sources and expenditures of all departments. He shall collect all taxes and assessments, light bills, water rents, and other charges belonging to and payable to the town, and for that purpose he is hereby vested with any and all powers which are now or may hereafter be vested in county and city treasurers for the collection of county, city and state taxes under the general law.

 

            (a)        No money shall be paid out by the town treasurer except by order of the council and upon a warrant of the clerk of the council, countersigned by the mayor.

 

            (b)        He shall keep and deposit all moneys or funds in such manner and only in such places as may be determined by ordinance.

 

            (c)        He shall annually at the end of each fiscal year publish, either in a newspaper published in Page County or by posting in front of the treasurer's office, a statement showing all the receipts and income of the said town and from what source, and all disbursements made and for what purpose.

 

            (d)       He shall make such other reports, from time to time, as may be required by ordinance or by resolution of the council.

 

            (e)        His compensation for the performance of his duties shall be fixed by the council.

(Acts 1952, ch. 473, § 1)

 

Sec. 21. Powers and duties of town sergeant.

 

The town sergeant shall be a conservator of the peace, and in civil cases that may rise within the corporate limits of the town he shall be vested with all the powers which the general laws of this state confer upon sheriffs; his jurisdiction as a police officer, except as otherwise provided by law, shall extend one mile beyond the corporate limits. He shall possess the like right of distress and power in collecting municipal taxes possessed by a sheriff in collecting state and county taxes. He shall receive as compensation for the discharge of his duties, unless otherwise ordered, the same fees as a sheriff, and he may receive such other compensation as may be prescribed by the town council.

(Acts 1928, chs. 301 and 347; Acts 1952, ch. 473, § 1)

 

Sec. 22. Clerk, treasurer and sergeant to be under control of council; removal.

 

The clerk, treasurer and sergeant shall be under direct control of the council, and shall perform such other duties as may be required of them by this act [this Charter] and by resolutions or ordinances of the council. And they shall be subject to removal by a vote of at least four members of the council for incompetence, misconduct or negligence of duty, after reasonable notice.

 

Sec. 23. Council--Meetings; quorum.

 

The council shall have regular or stated meetings twice a month, at such time as shall be fixed by their body, and such extra or special meetings as may be called by the mayor or by three other members of the council, for the transaction of stated or special business; but the purpose for which a special or extra meeting is called must be stated in writing. Four members of the body shall constitute a quorum for the transaction of any business.

 

Sec. 24. Same--To judge election and qualifications of members; power to fill vacancies.

 

The council shall be the judge of the election and qualification of its members, and it shall have the power to fill all vacancies in its own body and in any other office of the town, for the unexpired term.

 

Sec. 25. Same--Election of committees.

 

The council may elect such committees for the various departments of the town as it may desire from its members. The committees shall be elected at the regular meeting in September, nineteen hundred and twenty-seven, and vacancies shall be filled by the council as they occur.

                Editors Note: The mayor-elect and councilmen-elect now take office on the first day of July of even-numbered years, and the current procedure of the council to hold its organizational meetings accordingly. See §§ 4--4.2.

 

Sec. 26. Same--Powers enumerated.

 

The town council may make ordinances and bylaws for carrying into effect the provisions of this act [this Charter]; may enact ordinances to secure and promote the general welfare of the inhabitants of the town, including the right to appropriate and pay over to any person, firm, corporation or association, as an inducement for the location of any plant, manufacturing establishment or industry within its corporate limits, such reasonable sum or sums as may be necessary for such purpose, or, in lieu of such payment or in addition thereto, to acquire such lands and buildings, or to acquire such lands and erect such buildings thereon, as may be necessary for the use of such plant, establishment or industry, and to lease or sell such land and buildings to such person, firm, corporation or association at such price and on such terms and conditions as it may deem advisable; may prescribe fines and other punishments for the violation of any of the ordinances of the town; may levy and impose privileges and all other kinds of taxes not prohibited by state law; provided, that said tax levy shall be laid at the first regular meeting of the council in August, or as soon thereafter as possible; may prevent any animals or fowls from running at large on the streets of the town, and subject such animals or fowls to such confiscation, penalties, et cetera, and impose such fines on the owners thereof, as it may deem proper; may impose taxes not prohibited by the general laws on all animals in the town; may prohibit cruelty to animals or fowls, and provide penalties therefor; may restrain and punish beggars, peddlers and vagrants; may prevent and disperse riots;[,] disturbances and unlawful or disorderly assemblages; may suppress houses of ill fame and bawdy houses, and may provide that upon evidence of general reputation that such houses, or other places, are used for the purpose of lewdness, the same shall be abated as nuisances; may punish and prohibit wagering and betting regardless of the amount won or lost; may prevent or restrain indecent or lewd conduct, pictures or exhibitions in the town; may prohibit immoral and lewd picture shows, or motion pictures calculated to injure the morals of the town; may prevent the coming into the town of persons having no ostensible means of support, and of persons who may be dangerous to the peace and safety of the town; may offer rewards for the apprehension of persons committing felonies in the town, not to exceed one hundred dollars in each case; to prescribe rules and regulations for the location and orderly building of blacksmith shops, garages, and all other shops, structures and control or prevent the storage of firecrackers, gunpowder or other works manufactured or prepared therefrom, kerosene oil, gasoline, or other combustible materials.

 

To compel the abatement and removal of all nuisances within the said town at the expense of the person or persons causing the same or the owner or occupant of the ground or premises wherein the same may be found, and to require all lands and lots and other premises within the town to be kept clean and sanitary and free from stagnant water, weeds, filth and unsightly deposits or to make them at the expense of the owners or occupants thereof; to regulate or prevent slaughterhouses or other noisome and offensive business within the town and generally to define, prohibit, abate and suppress and prevent all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants.

(Acts 1938, ch. 11, § 1)

 

Sec. 26a. Organization and maintenance of volunteer fire department; police powers of fire chief and wardens.

 

The town council may organize and maintain a volunteer fire department for the purpose of extinguishing fires and protecting the buildings and property located within said town from destruction by fires and conflagrations; and said council may enact ordinances and regulations for the control and regulation of said fire department.

 

The council of said town shall annually at the first meeting in September elect or appoint for said fire department a principal engineer, who shall be designated chief of the fire department, and at the same time shall elect or appoint four fire wardens, and the duties of said officers shall be such as are prescribed under the general laws of the state and the ordinances of said Town of Shenandoah. In addition to the above powers and duties, the said fire chief and four wardens, when on active duty in attendance upon a fire, shall have the authority and power to make arrests for the violation of any state law or town ordinance, and to said extent are hereby constituted special police of said town.

(Acts 1932, ch. 318, § 1)

 

Sec. 27. Capitation tax.

 

The council may impose a tax of fifty cents per annum upon the residents of the town, male and female, who have attained the age of twenty-one years.

                Editors Note: The constitutional authority and the statutory authority for the above section have been repealed.

 

Sec. 28. Licensing.

 

The town council may require a license tax for anything for which a state license tax is required, and for which under the general laws of the state a license tax may be required by a city or town and in addition thereto, within the limitations imposed by the Constitution and laws of the state and of the United States, the council may impose a license tax on any business or thing carried on or done in the town, whether a license tax is required therefor by the state or not.

 

Sec. 29. Laying of sewers, sidewalks, etc., levy and collection of special assessments therefor.

 

The said council shall have the power, whenever they deem it expedient, to lay sewers and to have the sidewalks, footways, and gutters along any street or alley in said town, as of such width as they may prescribe, properly paved or otherwise suitably improved, altered or repaired, as they may think fit, and for such purpose may lay and levy and collect a special tax from the abutting property owners, the town shall bear one-half of the expense of constructing new sidewalks and other improvements and conveniences above specified, and such abutting property owners shall be assessed to pay the other half, which assessment shall be proportioned to the number of feet that such property fronts the said improvements or conveniences. Such special tax shall be collected in the same manner as other taxes are collected, and in all cases where a lessee or tenant shall pay such special tax it shall be an offset or credit against a like amount of rent then due or that may thereafter accrue.

 

Sec. 30. Bonds.

 

The town council shall have the power and authority, without reference to a vote of the people, to provide by ordinance for the issuance of new bonds, for the redemption and liquidation of any lawfully issued bonds, when they fall due, become subject to call, or can for any reason be refunded or redeemed. Said new bonds shall not exceed in amount the original bonds to be redeemed, liquidated, or refunded, may be registered, serial or coupon, and shall be sold, at not less than par, to the highest bidder for cash; provided, that no such new bonds shall bear a higher rate of interest than six per centum per annum; and provided, further, that the proceeds of the sale of the new bonds so issued shall be used only in the payment of the old bonds, which are subject to call, redemption or can otherwise be refunded or redeemed. Such bonds shall be paid in lawful money of the United States and a sinking fund shall be created and maintained sufficient to redeem such bonds at maturity, and be applied to such redemption and to no other purpose.

 

Sec. 31. Regulation of buildings and building lines.

 

The council shall have the right, in certain localities and upon certain streets to be named by them, to prescribe and locate building lines, and regulate the height and construction of buildings and require building permits for the regulation of the same; and to make regulations regarding the building and construction of houses in the town.

 

Sec. 32. Licensing and regulating shows, circuses, etc.

 

The council shall have the right to license and regulate the holding and location of shows, circuses, public exhibitions, carnivals and similar shows or fairs, or prohibit the holding of the same or any of them within the town.

 

Sec. 33. Prohibition ordinances.

 

The council shall have the right to make and enforce ordinances similar to the prohibition laws of the state.

                State Law References: Alcoholic beverages, Code of Virginia, § 4.1-100 et seq.

 

Sec. 34. Removal of snow from sidewalks; skating or riding bicycles thereon.

 

The council shall have the right to require the owners of real estate abutting upon paved or other improved sidewalks to remove the snow therefrom, to prevent skating or riding of bicycles thereon, and of all other improper uses thereof, and to punish such violation by fine.

 

Sec. 35. Punishment of offenses.

 

The town council may, by ordinance, impose punishment for any offense upon which a punishment is imposed by the State of Virginia.

                Editors Note: Specific state laws make certain exceptions to the above section.

 

Sec. 36. Applicability of general laws of state; powers enumerated in Charter not exclusive.

 

The town council shall have all powers and authority that are now or may hereafter be granted to councils of towns by the general laws of this state; and the recital of special powers and authorities herein shall not be taken to exclude the exercise of any power and authority granted by the general laws of this state to town councils, but not herein specified.

 

Sec. 37. Ordinances continued in force.

 

All ordinances now [March 17, 1926] in force in the Town of Shenandoah, not inconsistent with this act [this Charter], shall be and remain in force until altered, amended or repealed by the town council.

 

Sec. 38. Severability of provisions.

 

If any clause, sentence, paragraph, or part of this act [this Charter] shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of said act, but shall be confined in its operations to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

 

Sec. 39. Repealing clause.

 

All acts or parts of acts in conflict with the provisions of this act [this Charter] are hereby repealed; provided, however, that the present members of the town council, and other officers of the corporation, shall continue in office until the first day of September, nineteen hundred and twenty-seven, or until their successors have qualified.

 

 

 
Town Code Part II Code of Ordinances Chapter 1 General Provisions

 

 

  PART II

 

CODE OF ORDINANCES

 

  Chapter 1

 

GENERAL PROVISIONS*

__________

*             Charter References: General provisions, § 1 et seq.; ordinances continued in force, § 37; repealing clause, § 39.

__________

Sec. 1-1. Designation and citation of Code.

Sec. 1-2. Definitions and rules of construction.

Sec. 1-3. Catchlines of sections.

Sec. 1-4. History notes.

Sec. 1-5. Editor's notes and references.

Sec. 1-6. Continuation of existing ordinances.

Sec. 1-7. Repeal not to revive former ordinances.

Sec. 1-8. Severability of parts of Code.

Sec. 1-9. Classification of and penalties for violations; continuing violations.

Sec. 1-10. Amendments to Code; effect of new ordinances; amendatory language.

Sec. 1-11. Supplementation of Code.

Sec. 1-12. Fire department, police department and rescue squad integral parts of town official safety program.

Sec. 1-13. Relief of town officers and employees from personal liability for acts and omissions done in line of duty.

Sec. 1-14. Town seal.

Sec. 1-15. Denial of town licenses and permits for delinquent debtors; information provided to issuing officers.

Sec. 1-16. Official plat of town.

Sec. 1-17. Miscellaneous ordinances not affected by Code.

 

Sec. 1-1. Designation and citation of Code.

 

The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the Town of Shenandoah, Virginia," and may be so cited. Such ordinances may also be cited as "The Shenandoah Town Code."

(Code 1992, § 1-1)

 

Annotation--Courts of record will not take judicial notice of municipal ordinances, which, like other material facts, must be pleaded and proved; but courts not of record will take judicial notice of ordinances of municipalities within their own territorial jurisdiction, Sisk v. Town of Shenandoah, 200 Va. 277, 105 S.E. 2d 169 (1958).

                Charter References: Ordinances, § 18 et seq.

                State Law References: Codification and recodification of municipal ordinances and admissibility thereof in evidence, Code of Virginia, § 15.2-1433.

 

Sec. 1-2. Definitions and rules of construction.

 

In the construction of this Code and of all ordinances and resolutions of the town, the following rules shall be observed, unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the town council:

 

Charter. The term "Charter" shall mean the Charter of the town, as it now exists or as it may be amended in the future.

 

Code. Whenever the terms "Code" and "this Code" are referred to without further qualification, they shall mean The Code of the Town of Shenandoah, Virginia, as designated in section 1-1.

 

Computation of time. Whenever a notice is required to be given, an act to be done or a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

                State Law References: Computation of time, Code of Virginia, §§ 1-13.3, 1-13.3:1.

 

Council; town council. Wherever the terms "the council" and "town council" are used, they shall be construed to mean the council of the Town of Shenandoah.

                State Law References: "Council" defined, Code of Virginia, §§ 1-13.5, 15.2-102.

 

County. Wherever the terms "the county" and "this county" are used, they shall be construed to mean the County of Page in the Commonwealth of Virginia.

 

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations, as well as to males.

                State Law References: Similar provisions, Code of Virginia, § 1-13.7.

 

Health director. The term "health director" shall mean the health director of the county or any other public health officer having jurisdiction within the town by authority of state law, or his duly authorized representative.

 

Joint authority. Words purporting to give authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

                State Law References: Similar provisions, Code of Virginia, § 1-13.1.

 

May; shall. The term "may" is permissive, and the term "shall" is mandatory.

 

Month. The term "month" shall mean a calendar month.

                State Law References: Similar provisions, Code of Virginia, § 1-13.13.

 

Number. A word importing the singular number only may extend and be applied to several persons or things, as well as to one person or thing; and a word importing the plural number only may extend and be applied to one person or thing, as well as to several persons or things.

                State Law References: Similar provisions, Code of Virginia, § 1-13.15.

 

Oath. The term "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath.

                State Law References: Similar provisions, Code of Virginia, § 1-13.16; when affirmation may be made, Code of Virginia, § 49-9.

 

Officers, agencies. Any reference to an officer, employee, department, board, commission or agency shall be construed as if followed by the phrase "of the Town of Shenandoah."

 

Or, and. The term "or" may be read "and," and the term "and" may be read "or," if the sense requires it.

 

Owner. The term "owner," applied to any property, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of such property.

 

Person. The term "person" shall include any individual, corporation, partnership, organization, association, company, limited liability company, business, trust, joint venture or other entity.

                State Law References: Similar provisions, Code of Virginia, § 1-13.19.

 

Preceding; following. The terms "preceding" and "following" mean next before and next after, respectively.

                State Law References: Similar provisions, Code of Virginia, §§ 1-13.6, 1-13.23.

 

Sidewalk. The term "sidewalk" shall mean any portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.

 

Signature; subscription. The terms "signature" and "subscription" include a mark when a person cannot write.

 

State; commonwealth. The terms "the state," "this state," "the commonwealth" and "this commonwealth" shall be construed as if the words "of Virginia" followed.

                State Law References: "State" defined, Code of Virginia, § 1-13.26.

 

Statute citations. All references to the Code of Virginia shall mean the Code of Virginia, 1950, as currently amended at any time.

 

Street. The term "street" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the town, including the streets and alleys, and, for law-enforcement purposes, the entire width between the boundary lines of all private roads or private streets which have been specifically designated "streets" by an ordinance adopted by the town council. The term "street" shall include public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the town; it shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the town council.

 

Swear; sworn. The terms "swear" and "sworn" shall be equivalent to the term "affirm" or "affirmed" in all cases in which by law an affirmation may be substituted for an oath.

                State Law References: Similar provisions, Code of Virginia, § 1-13.28; when affirmation may be made, Code of Virginia, § 49-9.

 

Tense. Words used in the past or present tense include the future, as well as the past and present.

 

Town. The terms "the town" and "this town" shall mean the Town of Shenandoah, Virginia.

                State Law References: "Town" defined, Code of Virginia, § 1-13.29; "locality" or "local government" construed to include towns, Code of Virginia, § 15.2-102.

 

Written; writing; writings; in writing. The terms "written," "writing," "writings," and "in writing" shall include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Code of Virginia, § 59.1-479 et seq. is or is not affixed.

                State Law References: Similar provisions, Code of Virginia, § 1-13.32.

 

Year. The term "year" shall be construed to mean a calendar year, and the term "year" alone shall be equivalent to the expression "year of our Lord."

                State Law References: Similar provisions, Code of Virginia, § 1-13.33.

 

The rules of construction given in Code of Virginia, §§ 1-13.1--1-15, shall govern, so far as applicable, the construction of all other words not defined in this section.

(Code 1992, § 1-2)

                State Constitution References: Definitions relating to local government, Va. Const. art. VII, § 1.

 

Sec. 1-3. Catchlines of sections.

 

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No section of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division.

(Code 1992, § 1-3)

                State Law References: Similar provisions applicable to statutes, Code of Virginia, § 1-13.9.

 

Sec. 1-4. History notes.

 

The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the sections.

 

Sec. 1-5. Editor's notes and references.

 

The editor's notes, Charter references, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of this Code.

 

Sec. 1-6. Continuation of existing ordinances.

 

The sections appearing in this Code, so far as they are the same in substance as those of the 1992 Code, and all ordinances adopted subsequent to the 1992 Code and included in this Code shall be considered as continuations thereof and not as new enactments.

(Code 1992, § 1-4)

 

Sec. 1-7. Repeal not to revive former ordinances.

 

When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

(Code 1992, § 1-5)

 

Sec. 1-8. Severability of parts of Code.

 

It is hereby declared to be the intention of the town council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code, or its application to any persons or circumstances, shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, or their application.

(Code 1992, § 1-6)

                Charter References: Severability of Charter provisions, § 38.

                State Law References: Severability of statutory provisions, Code of Virginia, § 1-17.1.

 

Sec. 1-9. Classification of and penalties for violations; continuing violations.

 

            (a)        Whenever in this Code or any other town ordinance it is provided that a violation of any section or provision thereof shall constitute a class 1, 2, 3 or 4 misdemeanor, such violation shall be punished as follows:

 

            (1)        Class 1 misdemeanor. Confinement in jail for not more than 12 months and a fine of not more than $2,500.00, either or both.

 

            (2)        Class 2 misdemeanor. Confinement in jail for not more than six months and a fine of not more than $1,000.00, either or both.

 

            (3)        Class 3 misdemeanor. A fine of not more than $500.00.

 

            (4)        Class 4 misdemeanor. A fine of not more than $250.00.

 

            (b)        Whenever in any section of this Code or in any provision of any other town ordinance any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such section or provision and such violation is not described as being of a particular class of misdemeanor, such violation shall constitute a class 1 misdemeanor and shall be punished as prescribed in subsection (a)(1) of this section.

 

            (c)        Notwithstanding any other subsection of this section or any other section of this Code, no penalty for a violation of this Code or other town ordinance shall exceed that prescribed by general law for a like offense.

 

            (d)       Each day any violation of this Code or any other ordinance shall continue shall constitute a separate offense, except where otherwise provided.

(Code 1992, § 1-7)

                Charter References: Power of council to prescribe fines and other punishments for violations of ordinances, § 26; punishment for state offenses by town, § 35.

                State Law References: Penalties for violation of ordinances, Code of Virginia, § 15.2-1429; bonds of persons convicted, Code of Virginia, § 15.2-1430; injunctive relief against continuing violation of ordinance, Code of Virginia, § 15.2-1432; classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11.

 

Sec. 1-10. Amendments to Code; effect of new ordinances; amendatory language.

 

            (a)        All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be printed for inclusion in this Code. In the case of repeal of chapters, sections and subsections, or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the council to make the addition or amendment a part of this Code, shall be deemed to be incorporated in this Code, so that a reference to the Code shall be understood to include such additions and amendments.

 

            (b)        Amendments to any of the sections of this Code may be made in substantially the following language: "That section ________ of The Code of the Town of Shenandoah, Virginia, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as enacted.

 

            (c)        If a new section not heretofore existing in the Code is to be added, the following language may be used: "That The Code of the Town of Shenandoah, Virginia, is hereby amended by adding a section, to be numbered ________, which section reads as follows: . . . ." The new section shall then be set out in full as enacted.

 

Sec. 1-11. Supplementation of Code.

 

            (a)        By contract or by town personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the council. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

 

            (b)        In preparing a supplement to this Code, all portions of the Code which have been replaced shall be excluded from the Code by the omission thereof from reprinted pages.

 

            (c)        When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

 

            (1)        Organize the ordinance material into appropriate subdivisions;

 

            (2)        Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles;

 

            (3)        Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

 

            (4)        Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ________ to ________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

 

            (5)        Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

                State Law References: Authority to supplement Code, Code of Virginia, § 15.2-1433.

 

Sec. 1-12. Fire department, police department and rescue squad integral parts of town official safety program.

 

For the purposes of the Line of Duty Act (Code of Virginia, § 9.1-400 et seq.), the Shenandoah Volunteer Fire Department, Inc.; the town police force; and the town rescue squad are hereby recognized by the town council as integral parts of the town's official safety program.

(Code 1992, § 1-8)

 

Sec. 1-13. Relief of town officers and employees from personal liability for acts and omissions done in line of duty.

 

No town officer or employee charged with the enforcement of any section of this Code, while acting for the town, shall thereby render himself liable personally. The town officer or employee is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his official duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties and under this Code shall be defended by the town attorney until the final termination of the proceedings. In no case shall any town officer or employee or any of his subordinates be liable for costs in any action, suit or proceeding that may be instituted in pursuance of this Code, and any officer or employee of the town, acting in good faith and without malice, shall be free from liability for acts performed under any of the sections of this Code or by reason of any act or omission in the performance of his official duties in connection therewith.

(Code 1992, § 1-9)

                State Law References: Notice of claims for damages for negligence, Code of Virginia, § 8.01-222; liability insurance for officers, employees, etc., Code of Virginia, § 15.2-1518.

 

Sec. 1-14. Town seal.

 

            (a)        The town seal shall be a corded circle within which shall be a dotted circle, and between these circles and conforming to the arcs thereof shall be the words "THE TOWN OF SHENANDOAH, VA." Within the center of the inner circle and on a horizontal plane shall be "FEB. 12," above which and following a slight upward bow shall be the word "CHARTERED." Under "FEB. 12" and following a slight downward bow shall be the date "1884."

 

            (b)        The town clerk shall be custodian of the town seal.

(Code 1992, § 1-10)

 

Sec. 1-15. Denial of town licenses and permits for delinquent debtors; information provided to issuing officers.

 

No town license or permit shall be issued or transferred to any person who is delinquent in the payment of any debt due from him to the town, whether for any tax, special assessment, license or permit fee, penalty or otherwise. The town treasurer shall keep license and permit issuing officers informed as to the names of persons who are delinquent under this section.

(Code 1992, § 1-11)

 

Sec. 1-16. Official plat of town.

 

The ordinance adopting the town map prepared by F. T. Amos, county surveyor, August 1928, is repealed and superseded by the following: The town council hereby adopts, as the official plat of the town, the F. T. English plat of the town, recorded in the office of the clerk of the circuit court of the county in deed book 21 at pages 40 and 41.

(Code 1992, § 1-12)

                Editors Note: For an early plat of the town, see that of the Shenandoah Land Company, May 22, 1891, which is of record in the office of the clerk of the circuit court of Page County in D.B. No. 21, pages 40, 41. Another map, which is currently in use, is that prepared by the division of industrial development of the office of the governor, a copy of which is on file in the office of the town clerk.

 

Sec. 1-17. Miscellaneous ordinances not affected by Code.

 

            (a)        Nothing in this Code or the ordinance adopting this Code shall affect any:

 

            (1)        Offense or act committed or done, any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

 

            (2)        Prosecution, suit or proceeding pending or any judgment rendered before the effective date of this Code.

 

            (3)        Ordinance or resolution promising or guaranteeing the payment of money for the town, authorizing the issue of any bonds of the town, any evidence of the town's indebtedness or any contract or obligation assumed by the town.

 

            (4)        Right or franchise conferred by ordinance or resolution.

 

            (5)        Appropriation or budget ordinance.

 

            (6)        Ordinance consistent with this Code levying or imposing taxes, fees or other charges.

 

            (7)        Ordinance providing for any public improvement.

 

            (8)        Ordinance making any assessment.

 

            (9)        Ordinance naming, renaming, opening, altering, relocating, accepting, closing or vacating any street or alley.

 

            (10)      Ordinance relative to position classification, salaries, wages or compensation or bonds of town officers or employees and of members and employees of town boards or commissions.

 

            (11)      Ordinance relative to a plat of a subdivision, an amendment to a zoning map, or the zoning or rezoning of specific property.

 

            (12)      Ordinance annexing territory to the town.

 

            (13)      Ordinance adopted for purposes which have been consummated.

 

            (14)      Ordinance which is temporary, although general in effect, or special, although permanent in effect.

 

            (15)      Personnel or other departmental manual.

 

            (16)      Agreement relating to sharing governmental services, including building code enforcement.

 

            (b)        All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

(Code 1992, § 1-13)

 
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