City of Colonial Heights, VA Article II Violations and Penalties

[Adopted 4-8-1975 as Ch. 1, Sec. 1-7, of the 1975 Code]

§ 1-3 General penalty; continuing violations. [1]

[Amended 10-12-1982 by Ord. No. 82-40]

A. Wherever in this Code, or in any ordinance or resolution of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him or it, any act is prohibited or is declared to be unlawful, a misdemeanor or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful, a misdemeanor or an offense, and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation, notice or order shall be punished by a fine not exceeding $2,500 or imprisonment not exceeding 12 months, or both.

[Amended 7-9-1991 by Ord. No. 91-19]

B. The judgment rate of interest on all fines imposed and costs taxed pursuant to this Code shall be 9% per annum.

[Amended 7-9-1991 by Ord. No. 91-19]

C. Each day that any violation of any provision of this Code or any such ordinance or resolution, rule, regulation, notice or order shall continue shall constitute a separate offense.

[1] Editor's Note: For state law as to penalties for misdemeanors, see Code of Virginia, § 18.2-11.

§ 1-4 Assessment of fee in civil, criminal and traffic cases for courthouse and jail construction and related costs.

[Added 8-14-1990 by Ord. No. 90-21]

A. Pursuant to § 17.1-281 of the Code of Virginia (1950), as amended, for the construction, renovation or maintenance of a courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance, there is hereby assessed in the Circuit and District Courts of the City, as part of the costs in each civil action, and in each criminal or traffic case of the City in which the defendant is charged within the City with a violation of any statute or ordinance, a fee of $2.

[Amended 6-11-1991 by Ord. No. 91-18; 8-11-1992 by Ord. No. 92-28; 5-8-2007 by Ord. No. 07-15; 7-10-2007 by Ord. No. 07-22]

B. Such assessment shall be collected by the Clerk of the court in which the action is filed and remitted to and held by the Director of Finance subject to disbursements by Council.

[Amended 6-14-2016 by Ord. No. 16-20]

C. The assessment provided for herein shall be in addition to any other fees prescribed by law.

§ 1-4.1 Fees assessed against convicted defendants in criminal and traffic cases; collection by Clerks; remittance to Director of Finance.

[Added 8-13-2002 by Ord. No. 02-26]

A. Pursuant to § 53.1-120 of the Code of Virginia 1950, as amended, a fee of $20 is hereby imposed against a defendant in each criminal or traffic case in the District or Circuit Court in which the defendant is convicted of a violation of any statute or ordinance.

[Amended 7-10-2007 by Ord. No. 07-22; 6-9-2020 by Ord. No. 20-12]

B. The Clerks of the District and Circuit Courts shall charge and collect this assessment as a part of the costs of each case. After collection by the Clerk of the court in which the case is heard, the assessment shall be remitted to the Director of Finance and held by the Director of Finance subject to appropriation by the City Council to the Sheriff's office for the funding of courthouse security personnel.

[Amended 6-14-2016 by Ord. No. 16-20]

C. [1]The assessment provided for herein shall be in addition to any other fees prescribed by law.

[1] Editor's Note: Former Subsection C, which placed a time limit on the authority to collect fees, was repealed 7-10-2007 by Ord. No. 07-22. Said Ord. No. 07-22 also redesignated former Subsection D as Subsection C.

§ 1-4.2 Assessment of court costs for the costs of persons admitted to jail following conviction.

[Added 8-13-2002 by Ord. No. 02-28]

A. Pursuant to § 15.2-1613.1 of the Code of Virginia 1950, as amended, a processing fee of $25 is hereby imposed on each individual admitted to the Riverside Regional Jail, or other regional or local jail, from the City of Colonial Heights following conviction of that individual in a District or Circuit Court.

B. This fee shall be ordered as part of the court costs collected by the Clerk of each court in the City, deposited into the account of the Director of Finance, and shall be appropriated to and used by the Sheriff's office to defray the costs of processing arrested persons into the Riverside Regional Jail or other regional or local jail.

[Amended 6-14-2016 by Ord. No. 16-20]

C. The assessment provided for herein shall be in addition to any other fees prescribed by law.