[HISTORY: Adopted by the Town Council of the Town of Edinburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-1998]
In the construction of this Code and of all ordinances and resolutions of the Town, 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. 
Definitions. As used in this Code, the following terms shall have the meanings indicated:
COUNCIL or TOWN COUNCIL
The Council of the Town of Edinburg.
COUNTY or THE COUNTY
The County of Shenandoah in the State of Virginia.
HEALTH OFFICER
The Health Director of the Shenandoah County Health Department or his duly authorized agent.
OATH
Includes an affirmation in all cases in which by law an affirmation may be substituted for an oath.
PERSON
Extends and applies to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
PRECEDING; FOLLOWING
Next before and next after, respectively.
SIDEWALK
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.
STREET
Includes avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the Town, 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 Council.
SWEAR; SWORN
Equivalent to the words " affirm" and " affirmed" in all cases in which by law an affirmation may be substituted for an oath.
B. 
Rules of construction.
(1) 
Computation of time. 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.
(2) 
Gender. 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.
(3) 
May. The word "may" is permissive.
(4) 
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; 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) 
Shall. The word "shall" is mandatory.
(6) 
State. The word "state" shall be construed as if the words "of Virginia" followed it.
(7) 
Town. The word "Town" shall be construed as if the words "of Edinburg" followed it.
A. 
Whenever any person is arrested for a violation of any Town ordinance or of any provision of this Code, except as otherwise provided in Title 46.2 or §18.2-266 of the Code of Virginia, as amended, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody.
B. 
Any person refusing to give such written promise to appear shall be taken immediately by the arresting or other law enforcement officer before the nearest or most accessible judicial officer or other person qualified to admit to bail having jurisdiction, who shall proceed according to the provisions of § 19.2-123 of the Code of Virginia.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Any person who willfully violates his written promise to appear, given in accordance with this section, shall be guilty of a misdemeanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested.
D. 
Anything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a summons issued under the provisions of this section, the arresting officer shall take such person forthwith before the nearest or most accessible judicial officer or other person qualified to admit to bail in lieu of issuing the summons, who shall determine whether or not probable cause exists that such person is likely to disregard a summons, and may issue either a summons or warrant as he may determine proper.
E. 
Notwithstanding the above, if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, the officer may take such person before a magistrate or other issuing authority of the county and request the issuance of a warrant.
No officer of the law or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer. Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant shall be guilty of a misdemeanor. Any officer or person violating the provisions of this section shall be liable to any person aggrieved thereby in both compensatory and punitive damages. Any officer found guilty of a second offense under this section shall, upon conviction thereof, in addition to the penalty hereinbefore provided, immediately forfeit his office, and such conviction shall be deemed to create a vacancy in such office to be filled according to law; provided, however, that any officer empowered to enforce the game laws or marine fisheries laws as set forth in Title 28.2 of the Code of Virginia may without a search warrant enter for the purpose of enforcing such laws any freight yard or room, passenger depot, baggage room or warehouse, storage room or warehouse, train, baggage car, passenger car, express car, pullman car or freight car of any common carrier, or any boat, automobile or other vehicle, but nothing in this proviso contained shall be construed to permit a search of any occupied berth or compartment on any passenger car or boat or any baggage, bag, trunk, box or other closed container without a search warrant.
A. 
Whenever in this Code, or in any ordinance of the Town or rule or regulation promulgated by an officer, board or commission or agency thereof under authority vested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is made or declared to be unlawful or an offense or a misdemeanor, the violation of any such provision of this Code, ordinance, rule or regulation shall be punished as follows, except as otherwise provided in Subsection B of this section:
(1) 
Whenever an act or offense, or the failure to do any act, is declared to be a Class 1 misdemeanor, such act or offense shall be punished by a fine of not more than $2,500 or confinement in jail for not more than 12 months, either or both.
(2) 
Whenever an act or offense, or the failure to do any act, is declared to be a Class 2 misdemeanor, such act or offense shall be punished by a fine of not more than $1,000 or confinement in jail for not more than six months, either or both.
(3) 
Whenever an act or offense, or the failure to do any act, is declared to be a Class 3 misdemeanor, such act or offense shall be punished by a fine of not more than $500.
(4) 
Whenever an act or offense, or the failure to do any act, is declared to be a Class 4 misdemeanor, such act or offense shall be punished by a fine of not more than $250.
B. 
Whenever a provision in this Code or other ordinance of the Town prescribes punishment by stating that the act or offense, or the failure to do any act, is a misdemeanor, or that it is punishable as provided for in Subsection A, or no specific penalty is provided therefor, the act or offense, or failure to do any act, shall be deemed to be a Class 1 misdemeanor. Acts or offenses, or failure to do any act, defined by the various provisions of this Code, for which punishment is prescribed without specification as to the class of the offense, act or failure to act, shall be punished according to the provisions prescribing the punishment.
C. 
Except where otherwise provided, each day any violation of this Code or of any such ordinance, rule or regulation shall continue shall constitute a separate offense.
[Adopted 7-11-2023]
Pursuant to § 15.2-1433, Code of Virginia, the ordinances of the Town of Edinburg of a general and permanent nature adopted by the Town Council of the Town of Edinburg, as revised and codified and consisting of Chapters 1 through 175, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Edinburg," hereinafter referred to as the "Code." 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. This ordinance and the Code adopted hereby shall supersede and replace the 1998 Code, as amended and supplemented.
A. 
In accordance with § 15.2-1433, Code of Virginia, a copy of the Code has been filed in the office of the Town Clerk and made available for public inspection, and following adoption of this ordinance such copy shall be kept in the office of the Clerk and shall be available for public inspection during normal business hours.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Town Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Edinburg" shall be understood and intended to include such additions and amendments.
The Town Clerk shall cause notice of this ordinance to be given in the manner required by law. This notice coupled with the filing of the Code in the office of the Clerk as provided in § 1-6 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
A. 
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 the Town of Edinburg which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following have been excluded from the Code and are specifically repealed:
(1) 
Auxiliary Police Officers Ordinance, adopted February 8, 2000.
The adoption of the Code and the repeal of ordinances provided for in § 1-9 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 Edinburg 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 Edinburg 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 Edinburg.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Edinburg.
E. 
Any ordinance of the Town of Edinburg 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 Edinburg or any portion thereof.
F. 
Any ordinance of the Town of Edinburg 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 Edinburg 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 taxes, assessments or charges and ordinances providing for local improvements or assessing taxes or special assessments therefor.
I. 
The annexation or dedication of property or approval of preliminary or final subdivision plats.
J. 
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees or establishing a pension plan or pension fund for Town employees.
K. 
Any ordinance amending the Zoning Map or otherwise rezoning property.
L. 
Any ordinance or portion of an ordinance establishing or amending water, sewer or other utility charges.
M. 
Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Town.
N. 
Any ordinance adopted subsequent to February 14, 2023.
A. 
In preparing the revision and codification of the ordinances, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.
B. 
In addition, the changes, amendments or revisions 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 § 1-11B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 7-11-2023." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C. 
Nomenclature changes and revisions. In Chapter 175, Zoning, all instances of "special permit" are revised to read "special use permit."
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
This ordinance shall take effect 30 days after passage as provided by Section 3-a(9) of the Town Charter.