Legislation # 07-0065 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 2/14/2007
Title AN ORDINANCE TO AMEND CHAPTER 8, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “BONDSMEN.”
 
Legislation History 07-0065
DateNotice Of ActionDescription
2/14/2007 Moved to approve consent agenda items 1 through 3 on first and final reading.
2/14/2007 Moved to waive the second reading on consent agenda items 1 through 3.
2/2/2007 Received By Clerk's Office
 
View Attachments 07-0065
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Chapter 8 - Bondsmen - REDLINE - January 22 2007.doc Other 32K Chapter 8 - Bondsmen Redline Version
 
Legislation Text 07-0065

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0065

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 8, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED BONDSMEN.

 

 

Chapter 8

 

BONDSMEN*

__________

* Editors Note: Ord. No. 882, adopted March 23 1988, repealed Ch. 8, 8-1--8-7, pertaining to bondsmen, which derived from Ord. No. 100, 1, 3--7; Code 1964, 17-6, 17-9--17-15; Ord. No. 600, adopted Dec. 13, 1978 and Ord. No. 835, adopted Sept. 10, 1986. Ord. No. 883, adopted March 23, 1988, enacted new provisions designated as a new Ch. 8, 8-1--8-4 to read as herein set out.

Cross References: License tax on bondsmen, 18-59.

State Law References: Licensing, certification, etc., of bondsmen, Code of Virginia, 58.1-3724.

__________

 

Sec. 8-1. Definitions.

Sec. 8-2. Violations of chapter.

Sec. 8-3. License; certificate.

Sec. 8-4. Maximum fees.

 

Sec. 8-1. Definitions.

 

Except in those instances where the context clearly indicates a different meaning, the following words and terms, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them:

 

Bail bond; bond. The term "bail bond" or "bond" shall include every recognizance or acknowledgement of indebtedness conditioned upon the appearance of any person charged with violation of law before any court or judicial officer having criminal jurisdiction.

 

Bondsman. The word "bondsman" shall mean every person who, for compensation, enters into any bond recognizance as surety.

 

Principal. The word "principal" shall mean the person charged with violation of law and whose appearance is required in any bond.

 

Surety. The word "surety" shall mean every person, firm or corporation, other than a corporation licensed to do business as a bonding as a bonding company, who, for compensation, enters into any recognizance or bond, other than as principal.

 

Sec. 8-2. Violations of chapter.

 

Unless otherwise specifically provided, any surety who violates any provision of this chapter shall, upon conviction thereof for the first offense, be guilty of a class one misdemeanor. The license of any surety who is convicted of a violation of any provision of this chapter may be revoked by the commissioner of the revenue.

(Ord. No. 883, 3-23-88)

Cross References: Penalty for Class 2 and 3 misdemeanors, 1-11.

 

Sec. 8-3. Licenses.

 

Every person who shall, for compensation, enter into any bond or bonds for others, whether as a principal or surety, shall obtain a revenue license, the amount of which shall be prescribed in section 18-59 of this code. No such professional bondsman or his agent shall enter into any such bond or bonds in the City of Hampton until he shall have obtained such license. Except as otherwise provided by law, no such license shall be issued by the authorities of the City of Hampton unless and until the applicant shall have first obtained a bail bondsman license from the state department of criminal justice services as provided in Code of Virginia, 9.1-185 et seq. and 58.1-3724, as amended.

(Ord. No. 883, 3-23-88; Ord. No. 999, 3-13-91)

 

Sec. 8-4. Maximum fees.

 

No bondsman shall receive compensation for executing any bail bond in excess of the following amounts:

 

(1) For bonds up to $1,000.00....15% of the bond.

 

(2) For bonds in excess of $1,000.00....10% of the excess over $1,000.00.

 

(3) An administrative fee as authorized by law.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council