The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of the County of York, Virginia," and may be so cited. Such Code may also be cited as the "York County Code."
[Ord. No. 03-1, 1-21-2003]
In the construction of this Code and of all ordinances, the following rules shall be observed, unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the board of supervisors:
Generally. The rules of construction given in §§ 1-13.1 to 1-15, Code of Virginia, shall govern, so far as applicable, the construction of all words not defined in this section or elsewhere in this Code.
Board of Supervisors; board. Wherever the term "board of supervisors" or "board" is used, it shall be construed to mean the board of supervisors of the County of York.
Bond. When a bond is required, an undertaking in writing shall be sufficient.
Code. Wherever the term "Code" or "this Code" is used, without further qualification, it shall mean the Code of the County of York, Virginia, as designated in § 1-1.
Computation 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.
County. The word "County" shall mean the County of York in the State of Virginia.
County Administrator. Whenever the term "County Administrator" is used, it shall mean the County Administrator or his designee.
Gender. 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.
Health department. The term "health department" shall mean the department of the public health of the County.
Health officer. The term "health officer" shall mean the legally designated health authority of the state board of health for the County or his authorized representative.
Joint authority. Words purporting to give authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.
Month. The word "month" shall mean a calendar month.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and things; 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.
Oath. 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.
Officers, boards, etc. Whenever reference is made to a particular officer, department, board, commission or other agency, such reference shall be construed as if followed by the words "of the County of York, Virginia."
Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight savings time, whichever may be in current use in the County.
Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.
Owner. 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 entirely of the whole or a part of such building or land.
Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.
Signature or subscription includes a mark when a person cannot write.
State; commonwealth. The words "state" and "commonwealth" shall be construed as if the words "of Virginia" followed.
State Code and state regulations. References to the "State Code" or "Code of Virginia" shall mean the Code of Virginia, 1950, as amended. Whenever this code incorporates, by reference, any state statute or regulation into an ordinance, the incorporation by reference shall include any future amendments to the referenced state statute or regulations, unless contrary intent is specifically stated in the ordinance.
Street; highway; road. The words "street," "highway" and "road" shall include public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the County, and shall mean the entire width thereof between abutting property lines. Such words 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 board of supervisors.
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.
Tense. Words used in the past or present tense include the future as well as the past and present.
Written or in writing shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" shall be construed to mean a calendar year; and the word "year" alone shall be equivalent to the expression "year of our Lord."
The catchlines of the several sections of the 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 reenacted.
The provisions appearing in this Code, so far as they are the same as those of the ordinances included herein shall be considered as continuations thereof and not as new enactments.
Nothing in this Code or the ordinance adopting this Code shall affect:
Any ordinance promising or guaranteeing the payment of money by or for the County or authorizing the issuance of any bonds of the County or any evidence of the County's indebtedness or any contract or obligation assumed by the County;
Any ordinance granting any franchise or right;
Any ordinance appropriating funds, making assessments, levying or imposing taxes or relating to an annual budget;
Any ordinance relating to salaries, compensation or bonds of County employees and officials or members of County boards or commissions;
Any ordinance authorizing, providing for or otherwise relating to any public improvement;
Any ordinance adopted for purposes which have been consummated; or
Any ordinance which is temporary, although general in effect, or special, although permanent in effect;
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 judgement rendered, on or before the effective date of this Code.
By contract or by County personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the board of supervisors. 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.
In 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 pages.
When 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;
Organize the ordinance material into appropriate subdivisions;
Provide appropriate catchlines, headings and title for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
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;
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
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.
At least three copies of this Code and every supplement thereto shall be kept in the office of the County Administrator and shall there be available for public inspection, during normal business hours.
If any part, section, subsection, sentence, clause of phrase of this Code is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code.
Whenever in this Code or any other ordinance of the County or any rule or regulations promulgated by any officer or agency of the County, under authority duly vested in such officer or agency, 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:
Class 1 misdemeanor. By a fine of not more than $2,500, or by confinement in jail for not more than 12 months, or by both such fine and confinement.
Class 2 misdemeanor. By a fine of not more than $1,000 or by confinement in jail for not more than six months, or by both such fine and confinement.
Class 3 misdemeanor. By a fine of not more than $500.
Class 4 misdemeanor. By a fine of not more than $250.
Whenever in any provision of this Code or in any other ordinance of the County or any rule or regulation promulgated by an officer or agency of the County, under authority duly vested in such officer or agency, 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 I misdemeanor and be punished as prescribed in Subsection (a)(1) above.
For violations of the Code sections listed below, the penalty shall consist of a civil penalty as is set out in the table contained in this subsection. Any person summoned or issued a ticket for a violation of this Code listed in this subsection may make an appearance in person or in writing by mail to the County Treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability and pay the civil penalty established in this subsection for the offense charged, in lieu of criminal sanctions. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as is provided by law.
Each day any violation of this Code or any other ordinance, rule or regulation referred to in this section shall continue shall constitute a separate offense, except where otherwise provided.
The general district court of the County shall have exclusive original jurisdiction for the trial of cases arising under this Code and other ordinances of the County.
The judge of the general district court shall remit all fines collected consequent upon violation of this Code or any ordinance of the County to the County treasurer, who shall place the same to the credit of the general fund of the County.
The judge of the general district court of the County, in the trial of any person charged with a violation of this Code or other ordinance of the County, shall assess such costs as are allowed by general law in misdemeanor cases and dispose of the same as provided by law. In the event of costs incurred in cases where a conviction is not had, any officer who is entitled to fees, and who has costs assessed in his favor, shall render bills therefor to the board of supervisors, which when duly approved, shall be paid as other County bills are paid.
[Ord. No. 00-5, 5-16-2000; Ord. No. 00-11, 7-18-2000]
The sum of $2 is hereby assessed as a part of court costs incident to each civil action filed in the County circuit court or in the County general district court, which shall be collected by the clerks of the respective courts and remitted to the County treasurer to be held by him, subject to disbursement by this board for the acquisition of law books and law periodicals, and for the establishment, use, maintenance and operation of a law library, which shall be open for the use of the public; provided, however, that such assessment shall not apply to any action in which the Commonwealth of Virginia or any political subdivision thereof or the federal government is a party, and in which the costs are assessed against any of them.
[Ord. No. 02-20, 10-15-2002; Ord. No. 03-7, 3-18-2003; Ord. No. 04-21, 8-3-2004; Ord. No. 07-6, 5-15-2007]
Pursuant to Code of Virginia § 53.1-120, the sum of $10 is hereby assessed as part of the costs in each criminal and traffic conviction in the district courts or circuit court of York County in which the defendant is convicted of any statute or ordinance, for the purpose of funding courthouse security personnel, or if requested by the sheriff, for equipment and other personal property used in connection with courthouse security. The assessment shall be collected by the clerk of court in which the case is heard and remitted to the treasurer of the County of York, Virginia, to be held by the treasurer subject to appropriation by the board of supervisors to the sheriff's office.
[Ord. No. 03-7, 3-18-2003]
A processing fee of $25 shall be assessed by the district courts and circuit court of York County on any individual admitted to a County or regional jail following conviction in such court. Such fee shall be ordered as a part of court costs collected by the clerk of the court in which the conviction occurred and deposited into the account of the County treasurer. The treasurer shall hold such funds in a separate account subject to disbursement by the board of supervisors to the sheriff's office to defray the costs of processing arrested persons into the local or regional jails.
Definitions. For the purposes of this section "unclaimed personal property" or "unclaimed property" shall mean any personal property belonging to another which has been acquired by a law-enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner, and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq., Code of Virginia).
Disposal of unclaimed property; procedures:
Any unclaimed personal property which has been in the possession of the sheriff's department and unclaimed for more than 60 days shall be sold. Such sale shall be in accordance with the provisions of Subsection (b)(2) below.
Prior to the sale of any unclaimed property, the sheriff or his duly authorized agent shall:
Make reasonable attempts to notify the rightful owner of the property;
Obtain from the attorney for the Commonwealth in writing a statement advising that the item is not needed in any criminal prosecution; and
Cause to be published, in a newspaper of general circulation in the County, once a week for two successive weeks, notice that there will be a public sale of unclaimed personal property. Such property shall be described generally in the notice, together with the date, time and place of the sale.
Proceeds from disposition of unclaimed personal property:
Proceeds of any sale conducted pursuant to paragraph (b) above shall be used to pay the costs of advertisement and notice of such sale, costs of removal and storage of the unclaimed property, and costs of investigation as to ownership of and liens on the unclaimed property. The balance of the funds shall be held by the sheriff for the owner and paid to the owner upon satisfactory proof of ownership.
If no claim has been made by the owner for the proceeds of such sale within 60 days of the sale, the remaining funds shall be deposited in the general fund of the County. Any such owner shall be entitled to apply to the County within three years from the date of the sale. If timely application is made therefor, the County shall pay the remaining proceeds of the sale to the owner without interest or other charges. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds after three years from the date of the sale.
Amount and disposition of assessments. Beginning on August 1, 1992, there shall be assessed, as part of the fees taxed as costs in each civil, criminal or traffic case in a district or circuit court for York County or Poquoson, the sum of $2. Such assessment shall be collected by the clerk of the court in which the action if filed and submitted to the County treasurer to be held by such treasurer subject to disbursements by the board of supervisors for the construction, renovation or maintenance of the courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance.
Assessments additional to other fees. The assessment provided for herein shall be in addition to any other fees prescribed by law.