[Code 1985, § 1-1]
The ordinances embraced in this and the following chapters and
sections shall constitute and be designated "The Code of the Town
of Abingdon, Virginia" and may be so cited. Such ordinances may also
be cited as "Abingdon Town Code."
[Code 1985, § 1-2]
In the interpretation and construction of this Code and of all
ordinances of the Town, 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.
AUTHORITY TO THREE OR MORE
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 persons, unless it is otherwise
expressly declared in the provision giving authority.
BOND
When a bond is required, an undertaking in writing shall
be sufficient.
CODE
The term "Code" or "this Code" shall mean and refer to the Code of the Town of Abington, Virginia, as designated in §
1-1 and as amended.
CODE OF VIRGINIA
References to the Code of Virginia or to portions thereof,
unless otherwise indicated, shall be to the Code of Virginia, 1950,
as now or hereafter amended and currently in effect.
COMPUTATION OF TIME
The time within which an act is to be done shall be computed
by excluding the first and including the last day; and if the last
day be Saturday, Sunday or a legal holiday, that day shall be excluded.
COUNCIL
The words "Council," "the Council," "Town Council" or "the
Town Council" shall mean the Council of the Town of Abingdon, Virginia.
COUNTY
The words "county" or "the county" shall mean the County
of Washington in the State of Virginia.
FOLLOWING
The word "following," when used by way of reference to any
section, shall be construed to mean next following that in which such
reference is made.
GENDER
Words importing the masculine gender shall include the feminine
and neuter.
HEALTH DEPARTMENT
The term "health department" means the Washington County
health department.
HEALTH OFFICER
The words "health officer" shall mean the health officer
of the Washington County health department, or his duly authorized
agent.
IN THE TOWN
The words "in the Town" shall mean any territory jurisdiction
of which for the exercise of its regulatory power has been conferred
on the Town by public or private law.
MAY
The word "may" is permissive.
MONTH
The word "month" shall mean a calendar month.
NUMBER
A word importing the singular 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 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.
OFFICIAL TIME STANDARD
Whenever particular hours are specified in this Code relating
to the time within which any act shall or shall not be performed by
any person, the time applicable shall be official standard time or
daylight-saving time, whichever may be in current use in the Town.
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 any individual, corporation,
partnership, association, company, business, trust, joint venture
or other legal entity.
PRECEDING
The word "preceding," when used with reference to any section,
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 or leased by the Town, and those parts of public places
which do not form travelled parts of streets as defined in this section.
SHALL
The word "shall" is 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.
SIGNATURE, SUBSCRIPTION
The words "signature" and "subscription" shall include a
mark when the person cannot write, his name being written near it,
and being witnessed by a person who writes his own name as a witness.
STATE, COMMONWEALTH
The words "state," "the state," "commonwealth" and "the common-
wealth" shall mean the Commonwealth of Virginia.
STREET
The word "street" means the entire width between the boundary
lines of every way or place open to the use of the public for purposes
of vehicular travel in the Town, including the streets and alleys,
and, for law-enforcement purposes, the entire width between the boundary
lines of all private roads or private streets which have been specifically
designated "highways" by an ordinance adopted by the 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.
TENSE
Words used in the past or present tense include the future
as well as the past and present.
TOWN
The words "Town" or "the Town" shall mean the Town of Abingdon,
in the County of Washington and State of Virginia.
WRITTEN; IN WRITING
The words "written" and "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
YEAR
Unless otherwise expressed, 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."
[Code 1985, § 1-3]
The provisions appearing in this Code, so far as they are the
same as those of the prior Code entitled the Code of the Town of Abingdon,
Virginia, and all ordinances adopted subsequent thereto and included
herein shall be considered as continuations thereof and not as new
enactments.
[Code 1985, § 1-4]
If any part, section, subsection, sentence, clause or phrase
of this Code, or its application to any persons or circumstances,
is declared to be unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remainder of this Code
or its application.
[Code 1985, § 1-6; Ord. No. 89-12-3, 12-4-1989]
(a) Whenever in this Code or any other ordinance of the Town or any rule
or regulation promulgated by any officer or agency of the Town, 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 than $250.
(b) Wherever in any provision of this Code or in any other ordinance of the Town or any rule or regulation promulgated by an officer or agency of the Town, 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) of this section.
(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 Town 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.