[HISTORY: Adopted by the Board of Supervisors of Appomattox County as indicated in article histories. Amendments noted where applicable.]
Article I Construction and General Penalty
Article II Adoption of Code
In the interpretation and construction of this Code and of all ordinances of the County, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the Board of Supervisors or the context clearly requires otherwise:
- BOARD OF SUPERVISORS
- The Board of Supervisors of Appomattox County, Virginia.
- The Commonwealth of Virginia.
- Appomattox County in the Commonwealth of Virginia.
- A calendar month.
- Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath.
- Applied to a building or land, 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.
- Applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such property.
- Includes a firm, partnership, association of persons, corporation, body politic, organization or any other group acting as a unit, as well as an individual.
- Real, personal or mixed property.
- PUBLIC GROUND
- The parks and all public lands owned by the County and those parts of public places which do not form traveled parts of streets as defined in this section.
- See "commonwealth."
- A calendar year.
Rules of construction.
Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is Sunday or legal holiday, that day shall be excluded.
Following. The word "following," when used by way of reference to any section or sections in the Code, shall be construed to mean next following that in which such reference is made.
Gender. A word importing the masculine gender only may extend and be applied to females and to corporations as well as to males.
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.
Or; and. "Or" may read as "and" and "and" may be read as "or" if the sense so requires.
Preceding. The word "preceding," when used by way of reference to any section or sections in this Code, shall be construed to mean next preceding that in which such reference is made.
Shall. The word "shall" shall be mandatory.
Swear; sworn. The word "swear" or "sworn" shall be equivalent to the word "affirm" or "affirmed" in all cases in which, by law, an affirmation may be substituted for an oath.
Written; in writing. The words "written" and "in writing" shall include typewriting, printing on paper and any other mode of representing words, letters and figures.
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.
Wherever in this Code or in any ordinance or resolution of the County or any rule or regulation or order promulgated by any officer or agency of the County under authority duly vested in him or it any act is prohibited or is 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 and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or of any such ordinance, resolution, rule, regulation or order shall be punished as a Class 1 misdemeanor.
Each day any violation of this Code or any such ordinance, resolution, rule, regulation or order shall continue shall constitute, except where otherwise provided, a separate offense.
In accordance with § 15.2-1433 of the Code of Virginia, the ordinances and certain resolutions of Appomattox County of a general and permanent nature adopted by the Board of Supervisors of Appomattox County, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Titles 1 through 19, are hereby approved, adopted, ordained and enacted as the "Code of Appomattox County," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. 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 Appomattox County, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1.1-15 below.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of the Code has been filed in the office of the County Administrator 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 to by the County Administrator by impressing thereon the Seal of the County, as provided by law, and such certified copy shall remain on file in the office of the County Administrator, 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 and resolutions known collectively as the "Code of Appomattox County" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Supervisors to be 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 Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance or resolution contained herein, and such ordinances or resolutions 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 Administrator or someone authorized and directed by the Administrator to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code book.
Copies of the Code, or any chapter or portion of it, may be purchased from the County Administrator, or an authorized agent of the Administrator, upon the payment of a fee to be set by resolution of the Board of Supervisors. The Administrator may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the County Administrator, changes or amends, by additions or deletions, any part or portion of the Code of Appomattox County or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Appomattox County to be misrepresented thereby or who violates any other provision of this ordinance shall be punished as for a Class 1 misdemeanor.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
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 Appomattox County which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The following chapters and articles of the former (1993) County Code are specifically repealed: Chapter 6, Affirmative Action (adopted 2-13-1981); Chapter 48, Brush, Grass and Weeds, Article I, Johnson Grass Control (adopted 2-6-1987); Chapter 147, Taxation, Article XVIII, Special Tax for the Provision of Enhanced 9-1-1 Services (adopted 12-18-2000); and Chapter 151, Tradesmen (adopted 2-6-1989).
The adoption of this Code and the repeal of ordinances provided for in § 1.1-15 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to December 3, 2012.
Any right or liability established, accrued or incurred under any legislative provision 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 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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond 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 taxes, assessments or charges or the approval of the County budget.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any purchasing policies and amendments thereto.
Any ordinance relating to or establishing a pension plan or pension fund for County employees.
Any ordinance adopting or amending a Zoning Map or otherwise zoning or rezoning property. (Please note that Chapter 170 of the Appomattox County Code was amended and readopted by Ordinance on March 3, 2014, and this Ordinance is now recodified as Chapter 19.6. Zoning.)
In compiling and preparing the ordinances and certain resolutions for adoption and revision as part of the Code pursuant to § 15.2-1433 of the Code of Virginia, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance, as set forth in Schedule A attached hereto and made a part hereof (chapter and section number references are to the ordinances as they have been renumbered and appear in the Code).
Editor's Note: In accordance with § 1.1-17B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 4-7-2014]. Schedule A, which contains a complete description of all changes, is on file in the County offices.
The following changes are made throughout the Code:
References to "Code of Virginia 1950" are amended to "Code of Virginia."
References to "Commissioner of Revenue" are amended to "Commissioner of the Revenue."
References to "Town of Pamplin" are amended to "Town of Pamplin City."
References to "Board of Appeals" are amended to "Board of Zoning Appeals."