PART I CHARTER*
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*Editor's note:Printed herein is the Charter of the Town of Glade Spring, Virginia, as adopted by Acts 1972, ch. 268 and effective on April 1, 1972. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets.
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Sec. 1. Incorporation.
Sec. 2. Boundaries.
Sec. 3. Powers.
Sec. 4. Election of mayor and councilmembers.
Sec. 5. Ratification of ordinances and resolutions.
Sec. 1. Incorporation.
The inhabitants of the territory comprised within the present limits of the Town of Glade Spring, as such limitations are now, or may hereafter be altered and established by law, shall constitute and continue a body politic and corporate, to be known and designated as the Town of Glade Spring, and as such shall have perpetual succession, may sue and be sued, implead and be impleaded, contract and be contracted with, and may have a corporate seal which it may alter, renew or amend at its pleasure by proper ordinance.
Sec. 2. Boundaries.
The boundaries of the Town of Glade Spring shall be as now established; and such boundaries thereof are incorporated herein by reference to the recordation in the clerk's office of Washington County, Virginia, of the final decree or order of annexation of the Circuit Court of Washington County establishing such boundaries which final decree or order was entered December 29, 1958, in the clerk's office in law book 30, page 323.
State law references:Boundaries incorporated by reference, Code of Virginia, § 15.1-836.2.
Sec. 3. Powers.
All of the powers set forth for municipal corporations in §§ 15.1-837 through 15.1-915 of the Code of Virginia, as in force on January 1, 1972, are hereby specifically conferred upon the Town of Glade Spring; provided, that the power to borrow money shall not be exercised for any project unless five members of council, or the mayor and four members of council, agree to the use of such power for such project.
State law references:Powers of cities and towns, Code of Virginia, §§ 15.1-837--15.1-915.1.
Sec. 4. Election of mayor and councilmembers.
The mayor and councilmembers in office on the effective date of this Charter [April 1, 1972] shall remain in office until the expiration of their current terms of office. On the first Tuesday in May, 1972, at the regular municipal election, one elector shall be elected mayor and six electors shall be elected councilmembers. The mayor shall be elected for a term of two years beginning on the first day of September thereafter and ending on the last day of June, 1974. The three councilmembers receiving the highest number of votes shall be elected for terms of four years beginning on the first day of September thereafter and ending on the last day of June, 1976. The three councilmembers receiving the next highest number of votes shall be elected for terms of two years beginning on the first day of September thereafter and ending on the last day of June, 1974. During the regular municipal election held on the first Tuesday in May of even-numbered years, successors to the office of mayor and councilmembers which expire during that year shall be elected, all for terms of four years, beginning on the first day of July following the date of elections and ending on the last day of June in the fourth year thereafter.
Editor's note:Acts 1972, ch. 268, which enacted this Charter, became effective April 1, 1972.
Sec. 5. Ratification of ordinances and resolutions.
All ordinances and resolutions heretofore made and adopted by the Town of Glade Spring, not in conflict with this Charter or other laws of the commonwealth, shall be and remain in full force and effect until altered, amended or repealed by the council of the Town of Glade Spring.
PART II CODE
Chapter 1 GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Catchlines of sections.
Sec. 1-4. References to chapters or sections.
Sec. 1-5. History notes.
Sec. 1-6. References and editor's notes.
Sec. 1-7. Provisions considered as continuation of existing ordinances.
Sec. 1-8. Certain ordinances not affected by Code.
Sec. 1-9. Repeal of ordinance or resolution not to affect liabilities.
Sec. 1-10. Repeal not to revive former ordinance or resolution.
Sec. 1-11. Amendments to Code; effect of new ordinances; amendatory language.
Sec. 1-12. Supplementation of Code.
Sec. 1-13. Severability of parts of Code.
Sec. 1-14. Liability of corporations, etc., and agents for violations.
Sec. 1-15. General penalty; continuing violations.
Sec. 1-1. How Code designated and cited.
The ordinances embraced in this and the following chapters and sections shall constitute and be designated as the "Code of the Town of Glade Spring, Virginia," and may be so cited. The Code may also be cited as "Glade Spring Code."
(Code 1977, § 1-1)
State law references:Authority of town to codify ordinances, Code of Virginia, § 15.1-37.3; admissibility of Code as evidence in courts, Code of Virginia, § 15.1-37.3.
Sec. 1-2. Definitions and rules of construction.
In the interpretation and construction of this Code and of all ordinances of the town, the following definitions and rules of construction shall be observed unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise:
Code.The term "Code" shall mean the Code of the Town of Glade Spring, Virginia.
Code of Virginia.Whenever the words "Code of Virginia" are used they shall refer to the Code of Virginia, as amended, unless otherwise indicated.
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; if the last day is Sunday or a legal holiday, that day shall be excluded.
State law references:Similar provisions, Code of Virginia, §§ 1-13.3, 1-13.27.
Council.The term "council," or "town council," shall mean the Town Council of the Town of Glade Spring, Virginia.
State law references:Definition of council, Code of Virginia, § 1-13.5.
County.The word "county" shall mean the County of Washington in the State of Virginia.
Gender.Words importing the masculine gender shall include the feminine and neuter.
State law references:Similar provisions, Code of Virginia, § 1-13.7.
Health officer.The words "health officer" shall mean the state health official.
In the town.The words "in the town" shall mean any territory jurisdiction of which for the exercise of its regulatory power has been conferred on the town by public or private law.
Joint authority.All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
State law references:Similar provisions, Code of Virginia, § 1-13.1.
Month.The word "month" shall mean a calendar month.
State law references:Similar provisions, Code of Virginia, § 1-13.13.
Number.A word importing the singular only shall extend and be applied to several persons and things, and a word importing the plural only may apply to one person or thing.
State law references:Similar provisions, Code of Virginia, § 1-13.15.
Oath.The word "oath" shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath; and, in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
State law references:Similar provisions, Code of Virginia, § 1-13.16.
Occupant.The word "occupant," applied to a building or land, shall mean 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.
Officer, department, employee, board, committee, commission, etc.Whenever reference is made to an officer, department, employee, board, committee, commission, etc., it shall be deemed to refer to an officer, department, board, committee, commission, etc., of the Town of Glade Spring, Virginia; and in reference to such office or officer, it may include any person delegated or authorized to perform the duties of such office or officer.
Official time standard.Whenever particular hours are specified in this Code relating to the time within which any act shall or shall not be performed by any person, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the town.
State law references:Similar provisions, Code of Virginia, § 1-15.
Owner.The word "owner," applied to a building or land, 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 building or land.
Person.The word "person" shall include a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.
State law references:Similar provisions, Code of Virginia, § 1-13.19.
Preceding, following.The words "preceding" and "following" mean next before and next after, respectively.
State law references: Similar provisions, Code of Virginia, §§ 1-13.6, 1-13.23.
Property.The word "property" shall mean real, personal or mixed property.
Public grounds.The words "public grounds" shall mean the parks and all public lands owned by the town and those parts of public places which do not form traveled parts of streets as defined in this section.
Shall.The word "shall" shall be mandatory.
Sidewalk.The word "sidewalk" shall mean any portion of a street between the curbline or the lateral lines of a roadway where there is no curb and the adjacent property line intended for the use of pedestrians.
Signature, subscription.The words "signature" and "subscription" shall include a mark when the person cannot write, his name being written near it and being witnessed by a person who writes his own name as a witness.
State.The word "state" shall mean the State of Virginia.
Street.The word "street" shall include avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the town and shall mean the entire width thereof between abutting property lines.
Tense.Words used in the past or present tense shall include the future.
Town.The word "town" shall mean the Town of Glade Spring, in the County of Washington and State of Virginia.
Written, in writing.The words "written" and "in writing" shall include typewriting, printing on paper and any other mode of representing words and letters.
State law references:Similar provisions, Code of Virginia, § 1-13.32.
Year.The word "year" shall mean a calendar year.
(Code 1977, § 1-3)
State law references:Similar provisions, Code of Virginia, § 1-13.33; rules of construction, Code of Virginia, §§ 1-13--1-15.1.
Sec. 1-3. Catchlines of sections.
The catchlines of the sections of this Code printed in boldface type 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.
(Code 1977, § 1-2)
State law references:Similar provisions, Code of Virginia, § 1-13.9.
Sec. 1-4. References to chapters or sections.
All references to chapters or sections are to the chapters and sections of this Code, unless otherwise specified.
Sec. 1-5. History notes.
The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.
Sec. 1-6. References and editor's notes.
References and editor's notes following certain sections are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.
Sec. 1-7. Provisions considered as continuation of existing ordinances.
The provisions appearing in this Code, so far as they are the same as those of the ordinances existing at the time of the adoption of this Code, shall be considered as a continuation thereof and not as new enactments.
(Code 1977, § 1-8)
Sec. 1-8. Certain ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:
(1)Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;
(2)Any ordinance promising or guaranteeing the payment of money for the town, or authorizing the issuance of any bonds of the town or any evidence of the town's indebtedness;
(3)Any contract or obligation assumed by the town;
(4)Any right or franchise granted by the town;
(5)Any ordinance dedicating, naming, establishing, locating, opening, paving, widening, vacating, etc., any street or public way in the town;
(6)Any ordinance establishing or prescribing grades for streets in the town;
(7)Any appropriation ordinance or ordinances providing for the levy of taxes or for adopting an annual budget;
(8)Any ordinance relating to local improvements and assessments therefor;
(9)Any ordinance annexing territory to the town or discontinuing territory as a part of the town;
(10)Any subdivision ordinance or any ordinance dedicating or accepting any plat or subdivision in the town;
(11)Any ordinance establishing or amending personnel rules or regulations;
(12)Ordinances prescribing traffic regulations for specific streets, such as ordinances establishing speed limits or designating one-way streets, no-parking areas, truck routes, stop intersections, intersections where traffic is to be controlled by signals, etc.;
(13)Any ordinance establishing or amending zoning or land use regulations or the zoning map or rezoning property;
(14)Any ordinance or resolution calling municipal elections or prescribing the manner of conducting the election in accordance with state law;
(15)Any ordinance prescribing any fee or payment of money to the town;
(16)Any ordinance prescribing the number, classification, benefits or compensation of any town officers or employees, not inconsistent herewith;
(17)Any ordinance which is temporary although general in effect;
(18)Any ordinance which is special although permanent in effect;
(19)Any ordinance containing any administrative provisions;
(20)Any ordinance regarding cable television;
and all such ordinances shall remain in effect and are on file in the town clerk's office.
Sec. 1-9. Repeal of ordinance or resolution not to affect liabilities.
No new ordinance or resolution shall be construed to repeal a former ordinance or resolution as to any offense committed against the former ordinance or resolution or as to any act done or penalty, forfeiture or punishment incurred or as to any right accrued or claim arising under the former ordinance or resolution or in any way whatever to affect any such offense or act committed or done, penalty, forfeiture or punishment incurred, right accrued or claim arising before the new ordinance or resolution takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the ordinance or resolution in force at the time of such proceedings.
(Code 1977, § 1-4)
State law references:Similar state law, Code of Virginia, § 1-16.
Sec. 1-10. Repeal not to revive former ordinance or resolution.
When an ordinance or resolution which has repealed another shall itself be repealed, the previous ordinance or resolution shall not be revived without express words to that effect.
(Code 1977, § 1-5)
State law references:Similar state law, Code of Virginia, § 1-17.
Sec. 1-11. Amendments to Code; effect of new ordinances; amendatory language.
(a)All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from this Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code by the town council.
(b)Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section ______of the Code of the Town of Glade Spring, Virginia, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.
(c)In the event a new section not heretofore existing in the Code, is to be added, the following language shall be used: "That the Code of the Town of Glade Spring, Virginia, is hereby amended by adding a section to be numbered ______, which section reads as follows: . . . ." The new section shall then be set out in full as desired.
(d)All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.
Sec. 1-12. Supplementation of Code.
(a)By contract or by town personnel, supplements to this Code shall be prepared and printed. 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.
(b)In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c)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: