[HISTORY: Adopted by the Town Council of the Town of Elkton as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
In accordance with § 15.2-1433 of the Code of Virginia, the ordinances of the Town of Elkton, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 170, together with an Appendix, shall be known collectively as the Code of the Town of Elkton, hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Town of Elkton to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1980 Code (adopted 6-19-1980) or ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of same ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or 1980 Code. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of Elkton, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code.
All ordinances of a general and permanent nature of the Town of Elkton in force on the date of the adoption of this ordinance which are inconsistent with any provisions and not contained in the Code of the Town of Elkton or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
The following ordinances and provisions from the 1980 Code are specifically repealed:
The following chapters and sections of the 1980 Code are repealed:
Chapter 1 of Title 1 (Secs. 1-1-1 through 1-1-8) pertaining to use and construction and penalties.
Section 2-3-5 pertaining to fiscal year and budget year.
Sections 2-2-1 through 2-2-9 pertaining to the Town Superintendent.
Sections 6-4-21 through 6-4-37 pertaining to construction permits.
Sections 6-4-41 through 6-4-45 pertaining to construction of buildings.
Sections 6-4-51 through 6-4-54 pertaining to installation of electrical wiring.
Section 6-4-101 pertaining to plumbing permits.
Sections 6-4-11 through 6-4-15 pertaining to registration of contractors.
Sections 3-2-21 through 3-2-32 pertaining to general fire regulations.
Sections 3-2-33 through 3-2-38 pertaining to fireworks and explosives.
Sections 9-3-11 through 9-3-16 pertaining to handbills.
Section 9-2-1 through 9-2-24 pertaining to nuisances.
Sections 7-1-1 through 7-1-38 pertaining to the BPOL tax.
Sections 7-4-1 through 7-4-74 pertaining to vehicles for hire.
Sections 8-2-1 through 8-2-4 pertaining to inoperable vehicles.
If any clause, sentence, paragraph, section, article, chapter or part of this ordinance or of any ordinance included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Elkton and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified by the Town Clerk of the Town of Elkton by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the ordinances known collectively as the "Code of the Town of Elkton" or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Town Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance contained herein, and such ordinances may be amended, deleted or changed from time to time as the Town Council deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Elkton required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all ordinances adopted by the Town Council subsequent to the enactment of this ordinance in such form as to indicate the intention of said Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or ordinances until such changes or ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code may be purchased from the Town Clerk of the Town of Elkton upon the payment of a fee to be set by resolution of the Town Council, which Council may also arrange by resolution for procedures for the periodic supplementation thereof.
The catchlines of the sections of this Code are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted.
Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Elkton or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Elkton to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine not to exceed $250.
In compiling and preparing the ordinances for publication as the Code of the Town of Elkton, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
Global changes. Certain changes have been made throughout the Code of the Town of Elkton:
Statutory references. Code of Virginia references have been updated as necessary to the current statutory reference.
Gender-neutral language. Gender-neutral language has been employed where possible without wholesale rewording of sections. Use of "his or her," "he or she," "him or his," and simple conversions such as "Chairman" to "Chair" and "policeman" to "police officer" and "fireman" to "firefighter" have been used to achieve gender-neutrality.
Violations and penalties. Penalties have either been added or amended throughout the Code making violations subject to maximum fines and imprisonment terms as provided below. Further, each day's continued violation shall be a separate offense.
In the following sections, the penalties have been amended or added to provide a fine of not more than $250: §§ 50-3; 53-4; 53-8; 77-4; 92-3; 125-23; 148-38.
In the following sections, the penalties have been amended or added to provide a fine of not more than $500: §§ 59-4; 73-7; 89-3; 108-3; 139-18; 139-30; 143-8; 143-25; 143-30; 143-35.
In the following sections, the penalties have been amended or added to provide a fine of not more than $1,000 or imprisonment for not more than six months, or both: §§ 139-25; 143-21; 148-48; 148-60; 153-5; 170-45.
In addition, certain amendments and/or additions are made herewith and are hereby adopted as Schedule A, attached to and made a part of this ordinance, to become effective upon the effective date of this ordinance. The sections or chapters which have been amended or added are noted using an Editor's Note stating: "Amended (or added) at time of adoption of Code; see Ch. 1, General Provisions, Art. I."
Editor's Note: During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-18-2000." Schedule A, which contains a complete description of all changes, is on file in the Town Clerk's office.