[HISTORY: Adopted by the City Council of the City of Lexington as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 1-2 and 1-5 to 1-8 of the 1958 Code (§§ 1-2 and 1-5 to 1-8 of the 1970 Code)]
In the construction of this Code and of all ordinances, the following rules shall be observed, unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the Council:
A. 
Bond. When a bond is required, an undertaking in writing shall be sufficient.
B. 
Charter. The word "Charter" shall be taken to mean the Charter of the City of Lexington, as contained in an act of the General Assembly of the state, being Acts of 1966, Chapter 662, and all acts amendatory thereof.
C. 
City. The words "the City" and "this City" shall mean the City of Lexington in the State of Virginia.
D. 
Computation of time.[1] 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.
[1]
Editor's Note: For state law as to computation of time, see Code of Virginia, § 1-210.
E. 
Council. Wherever the word "Council" is used it shall be construed to mean the Council of the City of Lexington, Virginia.
F. 
County. The word "county" shall be construed as if the words "of Rockbridge" followed it.
G. 
Gender.[2] 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.
[2]
Editor's Note: For similar state law, see Code of Virginia, § 1-216.
H. 
Health Department. The words "Health Department" shall mean the Lexington-Rockbridge Health Department.
I. 
Health Director. The words "Health Director" shall mean the Health Director of the Lexington-Rockbridge Health Department or his authorized agent.
J. 
Joint authority.[3] Words purporting to give authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.
[3]
Editor's Note: For similar state law, see Code of Virginia, § 1-222.
K. 
Month.[4] The word "month" shall mean a calendar month.
[4]
Editor's Note: For similar state law, see Code of Virginia, § 1-223.
L. 
Number.[5] A word importing the singular number only may extend and be applied to several persons and things as well as to one person and 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.
[5]
Editor's Note: For similar state law, see Code of Virginia, § 1-227.
M. 
Oath.[6] 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.
[6]
Editor's Note: For similar state law, see Code of Virginia, § 1-228.
N. 
Or; and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.
O. 
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 a part of such building or land.
P. 
Person.[7] The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
[7]
Editor's Note: For state law definition of "person," see Code of Virginia, § 1-230.
Q. 
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
R. 
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.
S. 
Signature or subscription. "Signature" or "subscription" includes a mark when a person cannot write.
T. 
State; commonwealth. The words "state" and "commonwealth" shall be construed as if the words "of Virginia" followed.
U. 
Street. The word "street" shall include public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the City and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the City Council.
V. 
Swear; sworn.[8] The word "swear" or "sworn" shall be equivalent to the word "affirm" or "affirmed" in all cases in which by law an affirmation may be substituted for an oath.
[8]
Editor's Note: For similar state law, see Code of Virginia, § 1-250.
W. 
Time. Words used in the past or present tense include the future as well as the past and present.
X. 
Written; in writing. "Written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Y. 
Year.[9] 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."
[9]
Editor's Note: For similar state law, see Code of Virginia, § 1-223.
Z. 
Other words. The rules of construction given in §§ 1-13.1 to 1-15, Code of Virginia,[10] shall govern, so far as applicable, the construction of all other words not defined in this section.
[10]
Editor's Note: See now Code of Virginia, §§ 1-202 to 1-257.
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.
[1]
Editor's Note: For similar state law applicable to statutes, see Code of Virginia, § 1-217.
When an ordinance which has repealed a provision of this Code or another ordinance shall itself be repealed, such repealed provision of this Code or such previous ordinance shall not be revived without express words to that effect.
[1]
Editor's Note: For similar state law applicable to statutes, see Code of Virginia, § 1-240.
The provisions of this Code and other ordinances of the City with reference to peace, good order and public safety now in full force and effect are hereby declared to be the law within one mile from the corporate limits of the City, and any violation thereof shall be punished in conformity with § 1-6 of this Code.
[Added by Ord. No. 05-5 (§ 7-1 of the 1970 Code)]
A. 
Wherever in the Charter or in this Code or in any ordinance or resolution of the City or rule or regulation promulgated by any officer or agency, under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of the Charter, this Code, any ordinance, resolution, rule or regulation shall be punished by a fine not exceeding $2,500 or confinement in jail not exceeding 12 months, or both.
B. 
In the event that the penalty provided in Subsection A is in conflict with any mandatory penalty for a similar offense under the laws and statutes of the state in such cases made and provided, then the penalty provided by the laws and statutes of the state shall be enforced and not the penalty provided in Subsection A.
C. 
Each day any violation of the Charter, this Code or of any such ordinance, resolution, rule or regulation shall continue shall be a separate offense, except where otherwise provided.
[Adopted 1-17-2008 by Ord. No. 2008-01]
Pursuant to § 15.2-1433 of the Code of Virginia, there is hereby adopted that certain Code titled the "Code of the City of Lexington, Virginia," containing ordinances of a general and permanent nature as compiled, consolidated and codified as Chapters 1 to 420, inclusive, together with an appendix. At least one copy of the Code has been and is now filed in the office of the City Clerk and shall remain on file and be available to the public for inspection during all regular business hours.
The provisions of the Code, insofar as they are substantively the same as those of the 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 ordinances.
Nothing in the Code or this ordinance shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the City Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Lexington" shall be understood and intended to include such additions, deletions, amendments or supplements.
All ordinances of a general and permanent nature adopted on final reading and passage on or before October 18, 2007, and not contained in such Code are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.
The repeal provided for in § 1-11 above shall not affect the following, which are hereby expressly saved from repeal:
A. 
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 ordinance.
B. 
Any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance.
C. 
Any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City's indebtedness or any contract or obligation assumed by the City.
D. 
Any ordinance levying or imposing taxes or making any assessment.
E. 
Any right or franchise conferred by ordinance or resolution of the City on any person or corporation.
F. 
Any ordinance adopted for purposes which have been consummated.
G. 
Any ordinance which is temporary, although general in effect, or special, although permanent in effect.
H. 
Any ordinance annexing territory to the City or providing for the acquisition or sale of property.
I. 
Any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City.
J. 
Any ordinance relating to the Zoning Map.
K. 
Any ordinance establishing fees for City services.
L. 
Any ordinance providing for any public improvement.
M. 
Any ordinance relative to salaries, wages or compensation, pensions or bonds of City officers and employees or of members or employees of City boards or commissions.
N. 
Any ordinance adopted on final reading and passage after October 18, 2007.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the Code hereby adopted.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the City Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Lexington to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to the penalties as set forth in § 1-6 of the Code of the City of Lexington.
It shall be the duty of the City Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code.
A. 
By contract or by City personnel, supplements to this Code may be prepared when needed and when funds therefor are available.
B. 
In preparing a supplement to this Code, all portions of the Code that have been repealed or replaced 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, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. For example, the codifier may:
(1) 
Organize the ordinance material into appropriate sections and subsections;
(2) 
Provide appropriate headings and titles for chapters, articles, sections and subsections of the Code included in the supplement and make changes in such headings and titles;
(3) 
Assign appropriate numbers to chapters, articles, sections and subsections to be inserted in the Code and, where necessary to accommodate new material, change existing numbers;
(4) 
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," etc., as the case may be, or to "sections __________ to __________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5) 
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code.
This ordinance shall be in full force and effect on passage and publication as required by the City Charter.