City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: -
AN ORDINANCE TO AMEND CHAPTER 1
ENTITLED "GENERAL PROVISIONS," OF THE CODE OF THE CITY OF HAMPTON,
1-1. How Code designated and cited.
1-2. Definitions and rules of construction.
1-3. Catchlines of sections.
1-4. Provisions of Code considered as continuations of existing ordinances.
1-5. Severability of parts of Code.
1-6. Miscellaneous ordinances not affected by Code.
1-7. Code does not affect prior offenses, rights, etc.
1-8. Amendments or additions to Code.
1-9. Supplementation of Code.
1-10. Copies of Code and supplements to be available for public inspection.
1-11. Classification of and penalties for violations; continuing violations.
1-12. Failure to appear in answer to summons for violation.
1-13. Assessment of additional court costs in civil, criminal and traffic cases
for courthouse construction, renovation or maintenance.
1-14. Assessment of additional court costs in criminal and traffic cases for
courthouse and courtroom security.
1-15. Jail processing fee imposed on certain individuals; use of revenue by
1-16. History notes.
1-17. Editor's notes and references.
1-18. Altering Code.
Sec. 1-1. How Code designated
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,
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.
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
When a bond is required, an undertaking in writing shall be sufficient.
The word "charter" shall mean the charter of the city, as it now
exists and as it may be amended in the future.
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.
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.
Virginia. The term Code of Virginia" shall mean the Code of Virginia,
1950, as amended, or its successor, as amended.
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.
The term "council" or "city council" shall mean the council
of the City of Hampton, Virginia.
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.
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.
The word "month" shall mean a calendar month.
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.
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.
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.
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
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.
The term "or" may be read "and," and the term
"and" may be read "or," where the sense requires it.
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.
The word "person" shall extend and be applied to associations, firms,
partnerships and bodies politic and corporate as well as to individuals.
following. The words "preceding" and "following" mean
next before and next after, respectively.
The term "shall" is mandatory; the term "may" is
The word "sidewalk" shall mean any portion of the street between the
curb and the adjacent property line intended for the use of pedestrians.
subscription includes a mark when a person cannot write.
commonwealth. The words "State" and "Commonwealth"
shall be construed as if the words "of Virginia" followed.
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.
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.
Words used in the past or present tense include the future as well as the past
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.
The word "year" shall be construed to mean a calendar year. The word
"year" alone shall be equivalent to the expression "year of our
(Code 1956, 1-2; Ord. No. 523;
Code 1964, 1-2)
Law References: Similar definitions and rules of construction applicable to
state law, Code of Virginia, 1-202 et seq.
Sec. 1-3. Catchlines of
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,
Law References: Similar provisions as to sections of state code, Code of
Sec. 1-4. Provisions of Code
considered as continuations of existing ordinances.
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,
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;*
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
(6) The zoning ordinance of the city or any amendment
thereto, including amendments to the zoning map and ordinances zoning or
rezoning specific property;*
References: Zoning ordinance, App. A.
(7) Any ordinance adopted for purposes which have been
(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.
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,
References: Amendment of ordinances generally, 2-87.
Sec. 1-9. Supplementation of
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.
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
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
(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.
References: Ordinances of general nature to be added to Code, 2-86.
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.
Law References: Similar provisions, Code of Virginia, 15.2-1433.
Sec. 1-11. Classification of
and penalties for violations; continuing violations.
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).
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
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)
References: Collection of fines, forfeitures, fees and costs imposed for
ordinance violations, 4.021; duty of city attorney to prosecute ordinance
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.
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
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
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.
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)
Law References: Assessment for courthouse and courtroom security, Code of
Sec. 1-15. Jail processing
fee imposed on certain individuals; use of revenue by sheriff's office.
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
(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
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
Signed by ____________________________ Date
Ross A. Kearney, II, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council