Legislation # 06-0602 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 10/25/2006
Title AN ORDINANCE TO AMEND CHAPTER 1 ENTITLED "GENERAL PROVISIONS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
 
Legislation History 06-0602
DateNotice Of ActionDescription
11/15/2006 Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.
10/25/2006 Adopted on First Reading
10/25/2006 Approved - items 1-5, 7-13, and 15 on the consent agenda.
10/14/2006 Received By Clerk's Office
 
View Attachments 06-0602
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Chapter 1 - General Provisions - REDLINE - October 10, 2006.doc Other 60K Chapter 1 - General Provisions - Redline
 
Legislation Text 06-0602

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0602

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 1 ENTITLED "GENERAL PROVISIONS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.

 

 

 

Chapter 1

 

GENERAL PROVISIONS

 

Sec. 1-1. How Code designated and cited.

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

Sec. 1-3. Catchlines of sections.

Sec. 1-4. Provisions of Code considered as continuations of existing ordinances.

Sec. 1-5. Severability of parts of Code.

Sec. 1-6. Miscellaneous ordinances not affected by Code.

Sec. 1-7. Code does not affect prior offenses, rights, etc.

Sec. 1-8. Amendments or additions to Code.

Sec. 1-9. Supplementation of Code.

Sec. 1-10. Copies of Code and supplements to be available for public inspection.

Sec. 1-11. Classification of and penalties for violations; continuing violations.

Sec. 1-12. Failure to appear in answer to summons for violation.

Sec. 1-13. Assessment of additional court costs in civil, criminal and traffic cases for courthouse construction, renovation or maintenance.

Sec. 1-14. Assessment of additional court costs in criminal and traffic cases for courthouse and courtroom security.

Sec. 1-15. Jail processing fee imposed on certain individuals; use of revenue by sheriff's office.

Sec. 1-16. History notes.

Sec. 1-17. Editor's notes and references.

Sec. 1-18. Altering Code.

 

Sec. 1-1. How Code designated and cited.

 

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

(Code 1956, 1-1; Code 1964, 1-1)

State Law References: Authority of city to codify and recodify its ordinances, Code of Virginia, 15.2-1433.

 

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

 

In the interpretation and construction of this Code and of all ordinances of the city, the following definitions and rules shall be observed, unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise:

 

Bond. When a bond is required, an undertaking in writing shall be sufficient.

 

Charter. The word "charter" shall mean the charter of the city, as it now exists and as it may be amended in the future.

 

City. The words "city," "the city" and "this city" shall mean the City of Hampton in the State of Virginia.

 

Clerk to the council; city clerk. The terms "clerk to the council" and "city clerk" shall be synonymous and shall mean the clerk appointed pursuant to section 3.07 of the charter.

 

Code. Whenever the term "Code" or "this Code" is used, without further qualification, it shall mean the "Code of the City of Hampton, Virginia," as designated in section 1-1.

 

Code of Virginia. The term Code of Virginia" shall mean the Code of Virginia, 1950, as amended, or its successor, as amended.

 

Computation of time. Whenever a notice is required to be given or an act to be done 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.

 

Council. The term "council" or "city council" shall mean the council of the City of Hampton, 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.

 

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

 

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

 

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.

 

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

 

Occupant. The word "occupant", applied to a building or land, shall mean any person who holds a written or oral lease of, or actually occupies the whole or a part of, such building or land, either alone or with others.

 

Officers, boards, etc. Whenever reference is made to a particular officer, employee, department, board, commission or other agency, such reference shall be construed as if followed by the words "of the City of Hampton, Virginia." In addition, reference to a particular officer shall be construed as if followed by the words "or his duly authorized deputy, agent or representative," subject however, to the provisions of Code of Virginia, 15.2-1502.

 

Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the city.

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

 

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

 

Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

 

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

 

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

 

Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb and the adjacent property line intended for the use of pedestrians.

 

Signature or subscription includes a mark when a person cannot write.

 

State; commonwealth. The words "State" and "Commonwealth" shall be construed as if the words "of Virginia" followed.

 

Street. The word "street" shall include public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines. 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 council.

 

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

 

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

 

Written or in writing shall be construed to include any representation of words, letters, symbols, numbers, or figures, whether (1) printed or inscribed on a tangible medium or (2) 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.

 

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

(Code 1956, 1-2; Ord. No. 523; Code 1964, 1-2)

State Law References: Similar definitions and rules of construction applicable to state law, Code of Virginia, 1-202 et seq.

Sec. 1-3. Catchlines of sections.

 

The catchlines of the several sections of this Code printed in boldface type 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 re-enacted. No provision 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 1956, 1-4; Code 1964, 1-5)

State Law References: Similar provisions as to sections of state code, Code of Virginia, 1-13.9.

 

Sec. 1-4. Provisions of Code considered as continuations of existing ordinances.

 

The provisions appearing in this Code, so far as they are the same as those of the 1964 Hampton City Code and ordinances adopted subsequent thereto and included herein, shall be considered as continuations thereof and not as new enactments.

(Code 1964, 1-3)

 

Sec. 1-5. Severability of parts of Code.

 

If any part, chapter, article, division, section, subsection, sentence, clause or phrase of this Code is, for any reason, declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code.

(Code 1956, 1-3; Code 1964, 1-4)

 

Sec. 1-6. Miscellaneous ordinances not affected by Code.

 

Nothing in this Code or the ordinance adopting this Code shall affect:

 

(1) Any ordinance promising or guaranteeing the payment of money by or for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city;

 

(2) Any ordinance granting any franchise or right;

 

(3) Any ordinance appropriating funds, levying or imposing taxes or relating to an annual budget;*

__________

* Cross References: Taxation, Ch. 37.

__________

 

(4) Any ordinance authorizing, providing for or otherwise relating to any public improvement or any special assessment;

 

(5) Any ordinance relative to salaries, compensation or bonds of city officers or employees or members of city boards and commissions;

 

(6) The zoning ordinance of the city or any amendment thereto, including amendments to the zoning map and ordinances zoning or rezoning specific property;*

__________

* Cross References: Zoning ordinance, App. A.

__________

 

(7) Any ordinance adopted for purposes which have been consummated; or

 

(8) Any ordinance which is temporary, although general in effect, or special, although permanent in effect;

 

and 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.

 

Sec. 1-7. Code does not affect prior offenses, rights, etc.

 

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code.

 

Sec. 1-8. Amendments or additions to Code.

 

All ordinances of a general and permanent nature, and amendments to such ordinances, hereinafter enacted or presented to the city council for enactment shall be drafted, so far as possible, as specific amendments of or additions to this Code. Amendments to this Code shall be made by reference to the chapter and section which is to be amended and additions shall bear an appropriate designation of chapter and section.

(Code 1956, 1-15; Code 1964, 2-37)

Cross References: Amendment of ordinances generally, 2-87.

 

Sec. 1-9. Supplementation of Code.

 

(a) By contract or by city 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.

Cross References: Ordinances of general nature to be added to Code, 2-86.

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

 

Sec. 1-10. Copies of Code and supplements to be available for public inspection.

 

At least one (1) copy of this Code and every supplement thereto shall be kept in the office of the clerk of the council and shall there be available for public inspection during normal business hours.

State Law References: Similar provisions, Code of Virginia, 15.2-1433.

 

 

 

 

Sec. 1-11. Classification of and penalties for violations; continuing violations.

 

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

 

(1) Class 1 misdemeanor: By a fine of not more than two thousand five hundred dollars ($2,500.00), or by confinement in jail for not more than twelve (12) months, or by both such fine and confinement.

 

(2) Class 2 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more than six (6) months, or by both such fine and confinement.

 

(3) Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00).

 

(4) Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars ($250.00).

 

(b) Whenever in any provision of this Code or in any other ordinance of the city 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 provision and such violation is not described as being of a particular class of misdemeanor, such violation shall constitute a Class 1 misdemeanor and be punished as prescribed in subsection (a)(1) above.

 

(c) Notwithstanding any other provision of this section, no penalty shall be imposed for a violation of any provision of this Code or any other ordinance which is greater that the penalty prescribed by state law for a similar 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 1956, 1-5; Ord. No. 600, 12-13-78; Code 1964, 17-1; Ord. No. 969, 7-11-90; Ord. No. 1007, 4-10-91)

Charter References: Collection of fines, forfeitures, fees and costs imposed for ordinance violations, 4.021; duty of city attorney to prosecute ordinance violations, 5.01.

State Law References: Classification of misdemeanors and punishment therefor, Code of Virginia, 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, Code of Virginia, 15.2-1429; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, Code of Virginia, 15.2-1430; injunctive relief for continuing violations of ordinances, Code of Virginia, 15.2-1432.

 

 

Sec. 1-12. Failure to appear in answer to summons for violation.

 

Any person who willfully violates his written promise to appear in any court within the city, when summoned as provided by law for a violation of any provision of this Code or other ordinance of the city, shall be guilty of a Class 1 misdemeanor.

(Code 1956, 1-9; Ord. No. 600, 12-13-78; Ord. No. 605, 1-24-79; Code 1964, 17-5)

 

Sec. 1-13. Assessment of additional court costs in civil, criminal and traffic cases for courthouse construction, renovation or maintenance.

 

(a) Pursuant to Code of Virginia, 17.1-281, there is hereby imposed and assessed, as part of the costs incident to each civil, criminal and traffic case in any court located within the city, the sum of two dollars ($2.00) for the construction, renovation or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance.

 

(b) The assessment provided for in this section shall be in addition to all other costs prescribed by law and shall be collected by the clerk of the court and remitted to the treasurer of this city and held by such treasurer subject to disbursements as provided in subsection (a) above.

 

(Ord. No. 968, 6-13-90; Ord. No. 1021, 9-25-91; Ord. No. 1046, 5-13-92)

 

Sec. 1-14. Assessment of additional court costs in criminal and traffic cases for courthouse and courtroom security.

 

(a) Pursuant to Section 53.1-120 of the Code of Virginia, there is hereby imposed and assessed, as part of the costs incident to each criminal and traffic case in the circuit, general district and juvenile and domestic relations district courts located within the city, the sum of five dollars ($5.00) for courthouse and courtroom security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security.

 

(b) The assessment provided for in this section shall be in addition to all other costs prescribed by law and shall be collected by the clerk of the respective courts, remitted to the treasurer of this city and held by such treasurer subject to disbursements as provided in subsection (a) above.

 

(Ord. No. 1328, 5-8-02)

State Law References: Assessment for courthouse and courtroom security, Code of Virginia, 53.1-120.

 

 

 

 

Sec. 1-15. Jail processing fee imposed on certain individuals; use of revenue by sheriff's office.

 

Pursuant to Section 15.2-1613.1 of the Code of Virginia, there is hereby imposed a processing fee in the amount of twenty-five dollars ($25.00) on any individual admitted to the city jail following conviction. The fee shall be ordered as a part of court costs collected by the clerk of court and shall be deposited into the account of the treasurer of the city. The fee shall be used by the Hampton Sheriff's Office to defray the costs of processing arrested persons into the city jail.

(Ord. No. 1337, 9-11-02)

 

Sec. 1-16. 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. 1-17. Editor's notes and references.

 

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

 

Sec. 1-18. Altering Code.

 

It shall be unlawful to change or amend by addition or deletion any part of this Code or to insert or delete pages or portions thereof, or to alter or tamper with this Code in any manner whatsoever which will cause the law of the city to be misrepresented.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council