[HISTORY: Adopted by the Board of Supervisors of Carroll
County as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-14-2013]
Pursuant to § 15.2-1433, Code of Virginia, the ordinances of Carroll County of a general and permanent nature adopted by the Carroll County Board of Supervisors, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 235, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Carroll County Code," hereinafter referred to as the "Code." Wherever reference is made in any of the ordinances contained in the Code of Carroll County 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 Board
of Supervisors of Carroll County, and it is the intention of said
Supervisors that each such provision contained within the Code is
hereby reaffirmed as it appears in said Code.
All ordinances or parts of ordinances inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of Carroll
County which is not in conflict with the provisions of the Code shall
be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-3 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 Carroll County 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 Carroll County 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 Carroll County.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by Carroll County.
E.
Any ordinance
of Carroll County 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 Carroll County
or any portion thereof.
F.
Any ordinance
of Carroll County appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of Carroll County or other instruments or evidence
of the County'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
relating to or establishing a pension plan or pension fund for County
employees.
L.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the County.
M.
An ordinance
adopted April 10, 1991, concerning water and sewage disposal.
N.
An ordinance
adopted August 9, 1995, concerning the meals tax.
O.
An ordinance
adopted February 12, 2003, concerning a mandatory water connection.
P.
An ordinance
adopted February 12, 2003, concerning a mandatory water connection
on Raketown Road.
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 Carroll
County Clerk 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 Clerk
by impressing thereon the Seal of the County, and such certified copy
shall remain on file in the office of said 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 "Carroll County
Code" or any new ordinances, when enacted or adopted in such form
as to indicate the intention of the Board of Supervisors 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 Board of Supervisors deems desirable.
It shall be the duty of the County Clerk to keep up-to-date
the certified copy of the Carroll County Code required to be filed
in the office of the Clerk for use by the public. All changes in said
Code and all ordinances adopted by the Board of Supervisors subsequent
to the enactment of this ordinance in such form as to indicate the
intention of said Board 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 County Clerk or an authorized agent of the Clerk
upon the payment of a fee to be set by resolution of the Board of
Supervisors. The Clerk may also arrange for procedures for the periodic
supplementation of the Code.
Any person who, without authorization from the County Clerk,
changes or amends, by additions or deletions, any part or portion
of the Carroll County Code or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of Carroll
County 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 Carroll County Code, 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 Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
The amendments
and/or additions as set forth in Schedule A attached hereto and made
a part hereof[1] 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]
Editor's Note: Schedule A, which contains a complete description
of all changes, is on file in the Village offices.
This ordinance shall take effect as provided by law.
[Adopted 11-14-2013]
Unless otherwise stated, any violation of any County ordinance
shall constitute a Class 1 misdemeanor and shall be punishable as
provided by § 18.2-11, Code of Virginia 1950, as amended.
