[Code 1962, § 1-1]
The ordinances embraced in this and the following chapters and
sections shall constitute, and be designated, the "Code of Ordinances,
City of Franklin, Virginia," and may be so cited. Such ordinances
may also be cited as the "Franklin City Code."
[Code 1962, § 1-2]
In the interpretation and construction of this Code and of all
ordinances of the City, the following definitions and rules of construction
shall be observed unless they are inconsistent with the manifest intent
of the Council or the context clearly requires otherwise:
And, or. "And" may be read "or," and "or" may be
read "and," if the sense requires it.
Bond. When a bond is required, an undertaking in
writing shall be sufficient.
Charter. The word "Charter" shall mean the Charter
of the City, as it now exists or as it may be amended in the future.
City. The term "City," "the City" or "this City"
shall mean the City of Franklin, in the County of Southampton and
Commonwealth of Virginia.
City Clerk. The term "City Clerk" shall mean and include the clerk to the Council provided for in § 3.07 of the Charter.
Code. Whenever the term "Code" or "this Code" is referred to, without further qualification, it shall mean the Code of Ordinances, City of Franklin, Virginia, as designated in § 1-1.
Computation of time. When a notice is required
to be given or any other act to be done a certain time before any
proceeding, there must be that time, exclusive of the day for such
proceeding; but the day on which such notice is given or such act
is done may be counted as part of the time. When a notice is required
to be given or any other act to be done within a certain time after
any event, that time shall be allowed, in addition to the day on which
the event occurred.
Council. The term "Council" or "City Council" shall
mean the Council of the City of Franklin, Virginia.
County. The word "county" shall mean the County
of Southampton in the Commonwealth of Virginia.
Fire division. The words "fire division" shall
mean the fire division of the Department of Public Safety.
Following. The word "following," when used by way
of reference to any section or sections in the Code, shall be construed
to mean next following that in which such reference is made.
Gender. A word importing the masculine gender only
may extend and be applied to females and to firms, partnerships and
corporations, as well as to males.
Health officer. The words "health officer" shall
mean the Director of Public Health of the City or his authorized representative.
In the City; within the City. The words "in the
City" or "within the City" shall mean any territory, jurisdiction
of which, for the exercise of its regulatory power, has been conferred
on the City by public or private law.
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 person unless
it is otherwise expressly stated.
Month. Unless otherwise expressed, the word "month"
shall be construed to mean a calendar month.
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.
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.
Occupant. The word "occupant," applied to a building
or land, shall mean any person who holds a written or oral lease of
or actually occupies the whole or a part of such building or land,
either alone or with others.
Officers, boards, etc. Whenever reference is made
to a particular officer, department, board, commission or other agency,
without further qualification, such reference shall be construed as
if followed by the words "of the City of Franklin, Virginia." A reference
to a specific officer shall include that officer's duly authorized
deputies and agents.
Official time standard. Whenever particular hours
are referred to, the time applicable shall be official standard time
or daylight saving time, whichever may be in current use in the City.
Owner. The word "owner," applied to a building
or land, shall include any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety, of the whole or a part of
such building or land.
Person. The word "person" shall include a firm,
partnership, association of persons, corporation, organization or
any other group acting as a unit.
Police division. The words "police division" shall
mean the police division of the Department of Public Safety.
Preceding. The word "preceding," when used by way
of reference to any section or sections in this Code, shall be construed
to mean next preceding that in which such reference is made.
Property. The word "property" shall mean real,
personal or mixed property.
Public grounds. The words "public grounds" shall
mean the parks and all public lands owned by the City, and those parts
of public places which do not form traveled parts of streets, as defined
in this section.
Section numbers. Whenever reference is made to
a section by number only (e.g., "§ 1-1"), without further
qualification, it shall be construed as referring to that section
of this Code.
Shall. The word "shall" shall be mandatory.
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.
State; commonwealth. The word "state" or "commonwealth"
shall be construed as if followed by the words "of Virginia."
State Code. References to the "State Code" or the
"Code of Virginia" shall mean the Code of Virginia (1950), as amended.
Street. The word "street" shall include 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 also 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.
Swear; sworn. 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.
Written; in writing. The words "written" and "in
writing" shall include typewriting, printing on paper and any other
mode of representing words, letters or figures.
Year. The word "year" shall mean a calendar year.
[Code 1962, § 1-4]
The catchlines of the several sections of this Code, printed
in boldface type, are intended as mere catchwords to indicate the
contents of each section and shall not be deemed or taken to be titles
of such sections, nor as any part of any section, nor, unless expressly
so provided, shall they be so deemed when any section, including its
catchline, is amended or reenacted.
[Code 1962, § 1-7]
The common law of England, with respect to misdemeanors, insofar
as it is not repugnant to the principles of the Bill of Rights, the
constitution of the state and the Charter and ordinances of the City,
shall continue in full force within the City, and be the rule of decision,
except as altered by the general assembly of the state or by the City
Council.
[Code 1962, § 1-3]
The provisions appearing in this Code, so far as they are the
same as those of the Franklin City Code adopted January 14, 1963,
and ordinances adopted subsequent to such Code and included herein,
shall be considered as continuations thereof and not as new enactments.
Nothing in this Code or the ordinance adopting this Code shall
affect:
(1)
Any ordinance promising or guaranteeing the payment of money by or
for the City or authorizing the issuance of any bonds of the City
or any evidence of the City's indebtedness or any contract or
obligation assumed by the City;
(2)
Any ordinance granting any franchise or right;
(3)
Any ordinance appropriating funds, levying or imposing taxes or relating
to an annual budget;
(4)
Any ordinance annexing territory to the City;
(5)
Any ordinance authorizing, providing for or otherwise relating to
any public improvement or assessments therefor;
(6)
The Zoning Ordinance adopted December 8, 1969, and set out in Appendix
D of this Code, or any amendment thereto, including amendments to
the Zoning Map and ordinances zoning or rezoning specific property;
(7)
The Subdivision Ordinance adopted December 21, 1956, and set out
in Appendix C of this Code, or any amendment thereto;
(8)
Any ordinance adopted for purposes which have been consummated; or
(9)
Any ordinance which is temporary, although general in effect, or
special, although permanent in effect;
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and all such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
in this Code.
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Nothing in this Code or the ordinance adopting this Code 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.
[Code 1962, § 2-19]
No new ordinance or resolution shall be construed to repeal
a former ordinance or resolution as to any offense committed against
the former ordinance or resolution or as to any act done or penalty,
forfeiture or punishment incurred, or as to any right accrued or claim
arising under the former ordinance or resolution, or in any way whatsoever
to affect any such offense or act committed or done, penalty, forfeiture
or punishment incurred, right accrued or claim arising before the
new ordinance or resolution takes effect, save only that the proceedings
thereafter had shall conform, so far as practicable, to the ordinance
or resolution in force at the time of such proceedings.
[Code 1962, § 2-20]
When an ordinance or resolution which repealed another shall
itself be repealed, the previous ordinance or resolution shall not
be revived without express words to that effect.
(a)
By contract or by municipal personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the City
Council. A supplement to the Code shall include all substantive permanent
and general parts of ordinances adopted during the period covered
by the supplement and all changes made thereby in the Code. The pages
of a supplement shall be so numbered that they will fit properly into
the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete; and the new pages shall be so prepared
that, when they have been inserted, the Code will be current through
the date of the adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code
which have been 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. For example, the codifier
may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections
and other subdivisions of the Code printed in the supplement, and
make changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers in sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to
"this chapter," "this article," "this division," 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, 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.
At least three copies of this Code and every supplement thereto
shall be kept in the office of the City Clerk and shall there be available
for public inspection, during normal business hours.
[Code 1962, §§ 2-3, 10-1; amended by Ord. No. 117, 3-27-1978; Ord. No. 91-3, 3-25-1991]
(a)
Whenever in this Code or any other ordinance of the City or any rule
or regulation promulgated by any officer or agency of the City, under
authority duly vested in such officer or agency, it is provided that
a violation of any provision thereof shall constitute a Class 1, 2,
3 or 4 misdemeanor, such violation shall be punished as follows:
(1)
Class 1 misdemeanor: by a fine of not more than $2,500, or by confinement
in jail for not more than 12 months, or by both such fine and confinement.
(2)
Class 2 misdemeanor: by a fine of not more than $1,000, or by confinement
in jail for not more than six months, or by both such fine and confinement.
(3)
Class 3 misdemeanor: by a fine of not more than $500.
(4)
Class 4 misdemeanor: by a fine of not more $250.
(b)
Wherever in any provision of this Code or in any other ordinance
of the City or any rule or regulation promulgated by an officer or
agency of the City, under authority duly vested in such officer or
agency, 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 a misdemeanor, where no specific penalty is provided for the violation
of such provision and such violation is not described as being of
a particular class of misdemeanor, such violation shall constitute
a Class 1 misdemeanor and be punished as prescribed in Subsection
(a)(1) above.
(c)
Notwithstanding any other provision of this section or any other
section of this Code, no penalty for a violation of this Code or other
ordinance, rule or regulation of the City shall exceed that prescribed
by general law for a like offense.
(d)
Each day any violation of this Code or any other ordinance, rule
or regulation referred to in this section shall continue shall constitute
a separate offense, except where otherwise provided.
[Code 1962, § 1-6]
(a)
Any violation of this 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.
(b)
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 this Code, where such violation was the act or omission, or the
result of the act, omission or order of any such person.
[Ord. No. 82, 8-26-1974; amended by Ord. No. 215, 9-26-1983]
(a)
There is hereby assessed the sum of $2, as part of the cost incident
to each civil action filed in the Circuit Court of the county, which
originates from the City, and in the City General District Court.
The Clerk of the court in which the action is filed shall collect
such assessment and remit the same to the Treasurer of the City.
(b)
The Treasurer of the City shall hold money paid to him pursuant to
this section in his special account for the law library, subject to
disbursements by the City Council for the acquisition of law books,
and for such other purposes as provided in Code of Virginia, § 42.1-70.
(c)
The assessment provided for herein shall not apply to any action
in which the commonwealth or any political subdivision thereof or
the federal government is a party and in which the costs are assessed
against the commonwealth, political subdivision thereof, or federal
government.
[Ord. No. 93-7S, 5-24-1993; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]
The sum of $2 is hereby assessed in each civil, criminal and
traffic case filed in the City of Franklin General District Court,
the Juvenile and Domestic Relations District Court of the City of
Franklin and the Circuit Court of Southampton County, which shall
be collected by the Clerk of the court in which the action is filed
and remitted to the Treasurer of the City of Franklin to be held by
said Treasurer subject to disbursements by the Franklin City Council
for construction, renovation or maintenance of courthouse, jail and
court-related facilities and to defray increases in the cost of heating,
cooling, electricity and ordinary maintenance.
The assessment provided for herein shall be in addition to any
other fees prescribed by law.
[Ord. No. 2004-17, 6-28-2004]
(a)
This section is enacted pursuant to Code of Virginia § 15.2-1503.1
to facilitate the employment of persons by the City and the obtaining
of solicitation permits from the City.
(b)
Applicants for employment by the City and persons seeking to obtain
a solicitor's permit from the City shall submit two sets of his
or her fingerprints to the City of Franklin Police Department along
with a fee equivalent to the amount charged to the City for checks
of criminal background.
(c)
Upon receipt of fingerprints and the appropriate fees the police
department will transmit both sets of fingerprints and the fees to
the Central Criminal Records Exchange of the Virginia Department of
State Police through the Virginia Criminal Information Network. The
Central Criminal Records Exchange will compare a subject's fingerprints
against its criminal file and submit the fingerprints to the Federal
Bureau of Investigation for a comparison with nationwide records.
The results of the Federal Bureau of Investigation check will be returned
to the Central Criminal Records Exchange, which will disseminate the
state and national results to the police department.
(d)
The police department shall render a fitness determination based
upon the results of the criminal background check and disseminate
the results to the personnel department.
(e)
In rendering a fitness determination the police department will decide
whether the subject has been convicted of or is under indictment for:
(f)
A record subject may request and receive a copy of his or her City
of Franklin criminal history record information from the police department.
Should the record subject seek to amend or correct his or her record,
he or she must contact the Central Criminal Record Exchange for a
record from the State of Virginia or the Federal Bureau of Investigation
for records from other jurisdictions maintained in its file.
[Code 1962, § 1-5]
If any part, section, subsection, sentence, clause or phrase
of this Code is, for any reason, declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remainder
of this Code.
