[HISTORY: Adopted by the Board of Supervisors of Carroll County as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
Article II General Penalty
Pursuant to § 15.2-1433, Code of Virginia, the ordinances of Carroll County of a general and permanent nature adopted by the Carroll County Board of Supervisors, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 235, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Carroll County Code," hereinafter referred to as the "Code." Wherever reference is made in any of the ordinances contained in the Code of Carroll County 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 ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of Carroll County, and it is the intention of said Supervisors that each such provision contained within the Code is hereby reaffirmed as it appears in said Code.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of Carroll County which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of Carroll County prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of Carroll County or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of Carroll County.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by Carroll County.
Any ordinance of Carroll County providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within Carroll County or any portion thereof.
Any ordinance of Carroll County appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Carroll County or other instruments or evidence of the County's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any ordinance relating to salaries and compensation.
Any ordinance relating to or establishing a pension plan or pension fund for County employees.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the County.
An ordinance adopted April 10, 1991, concerning water and sewage disposal.
An ordinance adopted August 9, 1995, concerning the meals tax.
An ordinance adopted February 12, 2003, concerning a mandatory water connection.
An ordinance adopted February 12, 2003, concerning a mandatory water connection on Raketown Road.
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 has been filed in the office of the Carroll County Clerk 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 Clerk by impressing thereon the Seal of the County, and such certified copy shall remain on file in the office of said 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 "Carroll County Code" or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Board of Supervisors 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 inserted in said Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance contained in the Code, and such ordinance may be amended, deleted or changed from time to time as the Board of Supervisors deems desirable.
It shall be the duty of the County Clerk to keep up-to-date the certified copy of the Carroll County Code required to be filed in the office of the Clerk for use by the public. All changes in said Code and all ordinances adopted by the Board of Supervisors subsequent to the enactment of this ordinance in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such ordinances until such ordinances are included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the County Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by resolution of the Board of Supervisors. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the County Clerk, changes or amends, by additions or deletions, any part or portion of the Carroll County Code or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Carroll County 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 guilty of a Class 4 misdemeanor.
In compiling and preparing the ordinances for publication as the Carroll County Code, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. 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 Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall take effect as provided by law.
Unless otherwise stated, any violation of any County ordinance shall constitute a Class 1 misdemeanor and shall be punishable as provided by § 18.2-11, Code of Virginia 1950, as amended.