Chapter 1 - GENERAL PROVISIONS#

Footnotes: --- (1) ---

Charter reference— Incorporation and boundaries, ch. 1; miscellaneous, ch. 4.

State Law reference— Definitions and rules of construction, Code of Virginia, § 1-10 et seq.; authority to codify ordinances, Code of Virginia, § 15.1-37.3; maximum penalty for violation of municipal ordinance, Code of Virginia, § 15.1-901; punishment for violation of various classes of misdemeanors, Code of Virginia, § 18.2-11.

Sec. 1-1. - Designation and citation of Code.#

The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the Town of Blackstone, Virginia, 1994" and may be so cited. Such Code may also be cited as "Blackstone Town Code of 1994."

(Code 1971, § 1-1)

Charter reference— Existing ordinances continued, § 4.2.

State Law reference— Adoption and enforcement of town ordinances, Code of Virginia, § 15.1-13; codification and recodification of town ordinances, admission in evidence, Code of Virginia, § 15.1-37.3.

Sec. 1-2. - Definitions and rules of construction.#

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the town council:

Bond. When a bond is required, an undertaking in writing shall be sufficient.

State Law reference— "Bond with surety" defined, Code of Virginia, § 1-13.1:1.

Code of Virginia. The term "Code of Virginia" shall mean the Code of Virginia of 1950, as amended from time to time.

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.

State Law reference— Computation of time, Code of Virginia, §§ 1-13.3, 1-13.3:1; Sundays and holidays, Code of Virginia, § 1-13.27.

Council. Wherever the word "council" is used, it shall be construed to mean the council of the Town of Blackstone.

State Law reference— "Council" defined, Code of Virginia, § 1-13.5.

County. The term "county" shall mean Nottoway County in the State of Virginia.

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.

State Law reference— Similar provisions, Code of Virginia, § 1-13.7.

Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

State Law reference— Similar provisions, Code of Virginia, § 1-13.1.

Month. The word "month" shall mean a calendar month.

State Law reference— Similar provisions, Code of Virginia, § 1-13.13.

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.

State Law reference— Similar provisions, Code of Virginia, § 1-13.15.

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, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

State Law reference— "Oath" defined, Code of Virginia, § 1-13.16; "swear" and "sworn" defined, Code of Virginia, § 1-13.28; when affirmation may be made, Code of Virginia, § 49-9.

Officers, departments, boards, commissions. Any reference to an officer, department, board or commission shall be construed as if followed by the words "of the Town of Blackstone, Virginia."

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 entirety, of the whole or of a part of such building or land. It shall also include a trustee or fiduciary in possession of the property.

Person. The word "person" shall include any individual, public or private corporation, partnership, association, company, business, trust, joint venture, institution or other legal entity.

State Law reference— Similar provisions, Code of Virginia, § 1-13.19.

Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.

State Law reference— Similar provisions, Code of Virginia, §§ 1-13.6, 1-13.23.

Shall, may. The word "shall" is mandatory; the word "may" is permissive.

Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb and the adjacent property line intended for the use of pedestrians.

Signature or subscription. The word "signature" or "subscription" includes a mark when a person cannot write.

State. The word "state" shall be construed as if the words "of Virginia" followed it.

State Law reference— "State" defined, Code of Virginia, § 1-13.26.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public highways in the town.

State Law reference— "Highway" defined, Code of Virginia, § 46.2-100.

Tense. Words used in the past or present tense include the future as well as the past and present.

Town. The words "the town" shall mean the Town of Blackstone, in the County of Nottoway and the Commonwealth of Virginia.

State Law reference— "Town" defined, Code of Virginia, § 1-13.29.

Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

State Law reference— Similar provisions, Code of Virginia, § 1-13.32.

Year. Unless otherwise expressed, 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."

State Law reference— "Year" defined, Code of Virginia, § 1-13.33.

Other words. The rules of construction given in Code of Virginia, §§ 1-13.1—1-13.36 shall govern, so far as applicable, the construction of all other words not defined in this section.

(Code 1971, § 1-2)

Sec. 1-3. - Severability.#

The provisions of this Code or the application thereof to any person or circumstances which are held invalid shall not affect the validity of other provisions or applications of this Code which can be given effect without the invalid provisions or applications.

(Code 1971, § 1-3)

Charter reference— Severability of Charter provisions, § 4.3.

State Law reference— Severability of statutes, Code of Virginia, § 1-17.1.

Sec. 1-4. - Catchlines of sections.#

The catchlines of the several sections of this Code 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.

(Code 1971, § 1-4)

State Law reference— Headlines of sections of statutes, Code of Virginia, § 1-13.9.

Sec. 1-5. - Provisions of Code considered as continuations of existing ordinances.#

The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the adoption of this Code, shall be considered as continuations thereof and not as new enactments.

Sec. 1-6. - General penalties for misdemeanors.#

(a) The authorized punishments for conviction of a misdemeanor are:

(1) For class 1 misdemeanors, confinement in jail for not more than 12 months and a fine of not more than $2,500.00, either or both.

(2) For class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000.00, either or both.

(3) For class 3 misdemeanors, a fine of not more than $500.00.

(4) For class 4 misdemeanors, a fine of not more than $250.00.

(b) Wherever in this Code or in any ordinance of the town any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, and no monetary fine or confinement in jail are specifically provided for, the violation of any such provision of this Code or any such ordinance shall be a class 2 misdemeanor.

(d) No penalty for a violation of this Code or of any ordinance shall exceed the penalties prescribed by general law for a like offense.

(Code 1971, § 1-5; Ord. of 8-20-01(1))

State Law reference— Precedence of Charter provisions, Code of Virginia, § 15.1-840; penalties for violations of municipal ordinances, Code of Virginia, § 15.1-901; bond of persons convicted to prevent additional violations, Code of Virginia, § 15.1-902; injunctive relief against continuing violation of ordinance, Code of Virginia, § 15.1-905; classification of criminal offenses, Code of Virginia, § 18.2-9; punishment for conviction of misdemeanor, Code of Virginia, § 18.2-11; punishment for misdemeanor where no penalty prescribed, Code of Virginia, §§ 18.2-12, 18.2-13.

Sec. 1-7. - By whom fine or punishment imposed; fines to inure to use of town.#

Any fine or other punishment prescribed for the violation of the Code or any other ordinance of the town enacted pursuant thereto, may be imposed, upon a warrant issued in the name of the town, in such court as may be prescribed by the laws of the state. All such fines shall be paid, when not otherwise expressly provided, to the use of the town.

(Code 1971, § 1-6)

State Law reference— Enforcement of forfeitures, Code of Virginia, § 19.2-369 et seq.

Sec. 1-8. - Miscellaneous ordinances not affected by Code.#

Nothing in this Code or the ordinance adopting this Code shall affect:

(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 this Code.

(2) Any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this Code.

(3) Any ordinance or resolution promising or guaranteeing the payment of money for the town or authorizing the issue of any bonds of the town or any evidence of the town's indebtedness or any contract or obligation assumed by the town.

(4) Any annual tax levy.

(5) Any right or franchise conferred by ordinance or resolution of the town on any person or corporation.

(6) Any ordinance adopted for purposes which have been consummated.

(7) Any ordinance which is temporary, although general in effect, or special, although permanent in effect.

(8) Any ordinance consistent with this Code relating to the salaries of the town officers or employees.

(9) Any ordinance annexing territory to the town.

(10) Any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the town.

(11) Any ordinance relating to zoning.

All such actions or ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Editor's note— The above section is based on section 3 of the ordinance that adopted the town's Code of 1971.

Sec. 1-9. - Repeal not to revive former ordinance.#

When an ordinance which has repealed another ordinance shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

(Code 1971, § 1-8)

State Law reference— Similar provisions, Code of Virginia, § 1-17.