[Adopted 1-12-2009 by Ord. No. 2009-01]
Pursuant to § 15.2-1433, Code of Virginia, there is hereby adopted by the Town Council that certain Code titled "Code of the Town of Mineral" containing ordinances of a general and permanent nature as revised, compiled and consolidated and consisting of Chapters 1 through 425, hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Town of Mineral to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of Mineral, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-14 below.
All ordinances of a general and permanent nature
of the Town of Mineral in force on the date of the adoption of this
ordinance and not contained in such Code or recognized and continued
in force by reference therein are hereby repealed from and after the
effective date of this ordinance.
The repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Mineral prior to the
effective date of this ordinance or any action or proceeding brought
for the enforcement of such right or liability.
B.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Town of Mineral or any penalty, punishment or forfeiture which
may result therefrom.
C.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance brought pursuant to any legislative provision
of the Town of Mineral.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of Mineral.
E.
Any ordinance of the Town of Mineral providing for
the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other
public place within the Town of Mineral or any portion thereof.
F.
Any ordinance of the Town of Mineral appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
Town of Mineral or other instruments or evidence of the Town's indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any ordinance relating to salaries and compensation.
K.
Any ordinance amending the Zoning Map.
L.
Any ordinance relating to or establishing a pension
plan or pension fund for Town employees.
M.
Any ordinance or portion of a local law or ordinance
establishing a specific fee amount for any license, permit or service
obtained from the Town.
N.
Any ordinance adopted subsequent to March 10, 2008.
If any clause, sentence, paragraph, section,
article, chapter or part of this ordinance or of any ordinance included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code has been filed in the office
of the Town Clerk of the Town of Mineral and shall remain there for
use and examination by the public until final action is taken on this
ordinance, and, if this ordinance shall be adopted, such copy shall
be certified by the Town Clerk of the Town of Mineral by impressing
thereon the Seal of the Town, and such certified copy shall remain
on file in the office of said Town Clerk to be made available to persons
desiring to examine the same during all times while said Code is in
effect. The enactment and publication of this ordinance, coupled with
the availability of a copy of the Code for inspection by the public,
shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments
or supplements to any of the ordinances known collectively as the
"Code of the Town of Mineral" or any new ordinances, when enacted
or adopted in such form as to indicate the intention of the Town Council
to be a part thereof, shall be deemed to be incorporated into such
Code so that reference to the Code shall be understood and intended
to include such additions, deletions, amendments or supplements. Whenever
such additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be inserted in said Code
as amendments and supplements thereto. Nothing contained in this ordinance
shall affect the status of any ordinance contained in the Code, and
such ordinance may be amended, deleted or changed from time to time
as the Town Council deems desirable.
It shall be the duty of the Town Clerk to keep
up-to-date the certified copy of the Code of the Town of Mineral required
to be filed in the office of the Town Clerk for use by the public.
All changes in said Code and all ordinances adopted by the Town Council
subsequent to the enactment of this ordinance in such form as to indicate
the intention of said Council to be a part of said Code shall, when
finally enacted or adopted, be included therein by temporary attachment
of copies of such ordinances until such ordinances are included as
supplements to said Code.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Town Clerk or an authorized agent
of the Clerk upon the payment of a fee to be set by resolution of
the Town Council. The Clerk may also arrange for procedures for the
periodic supplementation of the Code.
Any person who, without authorization from the
Town Clerk, changes or amends, by additions or deletions, any part
or portion of the Code of the Town of Mineral or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Town of Mineral to be misrepresented thereby or who violates
any other provision of this ordinance shall be guilty of an offense
and shall, upon conviction thereof, be guilty of a Class 4 misdemeanor.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Mineral, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. In addition, references to specific chapters, articles and sections of the Code of Virginia are updated to reflect the numbering of the statutes as of the publication of the Code.
B.
The amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-22B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. III. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-12-2009 by Ord. No. 2009-01." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect as provided
by law.
