PREFACE

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This Code constitutes a codification of the general and permanent ordinances of the Town of Lovettsville, Virginia.

Source materials used in the preparation of the Code were the ordinances adopted by the town. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of any ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and D. J. Heath, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Keith Markel, Town Manager, and Elizabeth Whiting, Town Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the town's affairs.

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the Town of Lovettsville, Virginia. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and indexes. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the Town of Lovettsville, Virginia.

ADOPTING ORDINANCE

ORDINANCE NO. 2014-06-0003: ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF LOVETTSVILLE, VIRGINIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

MOTION: Senate

SECOND: Allar

NOW, THEREFORE, BE IT ORDAINED by the Lovettsville Town Council that:

Section 1. The Code entitled "Town Code of Lovettsville, Virginia," published by Municipal Code Corporation, consisting of chapters 1 through 42, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before February 27, 2014, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4.(a) The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance.

(b)

In this section the term "violation of the Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(c)

In this section, the term "violation of the Code" does not include the failure of a town officer or town employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(d)

Except as otherwise provided by law or ordinance, violations of the Code shall be a class 1 misdemeanor. No penalty shall exceed the penalty prescribed by general law for a like offense and such penalty shall not be any less than such penalty. Persons convicted of a violation of this Code shall be punished as follows:

(1)

For a class 1 misdemeanor, by the penalty provided in state law for a class 1 misdemeanor.

(2)

For a class 2 misdemeanor, by the penalty provided in state law for a class 2 misdemeanor.

(3)

For a class 3 misdemeanor, by the penalty provided in state law for a class 3 misdemeanor.

(4)

For class 4 misdemeanors, by the penalty provided in state law for a class 4 misdemeanor.

(e)

Except as otherwise provided by law or ordinance:

(1)

With respect to violations of the Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

With respect to violations of the Code that are not continuous with respect to time, each act constitutes a separate offense.

(3)

All imprisonment imposed for a violation of the Code shall be in the county jail.

(f)

Any violation of the Code by any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his office or employment, shall in every case also be deemed to be a violation by such corporation, association or organization.

(g)

Any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization shall be subject and liable to punishment, as well as such corporation or unincorporated association or organization, for the violation by it of any provision of the Code, where such violation was the act or omission or the result of the act, omission or order of any such person.

(h)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(i)

Violations of the Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

Section 5. Additions or amendments to the Code when passed in such form as to indicate an intent to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after February 27, 2014, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall become effective July 1, 2014.

VOTE:

AYES: Allar, Burden, Carder, McIntyre, and Senate

NAYS: None

ABSTENTIONS: None

ABSENT FOR VOTE: Gray

Approved June 12, 2014:

	Robert Zoldos II, Mayor

CERTIFIED:

Harriet West, Town Clerk

                    
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