The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of the Town of Middletown, Virginia" and may be so cited. Such ordinances may also be cited as "Middletown Town Code."
[HISTORY: Adopted by the Town Council of the Town of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-9-1972 (Ch. 1 of the 1972 Code)]
In the interpretation and construction of this Code and of all ordinances and resolutions of the Town, the following rules of construction and definitions shall be observed, unless otherwise specifically provided or unless they are inconsistent with the manifest intent of the Council or the context clearly requires otherwise.
A.
Bond. When a bond is required, an undertaking in writing with such surety, if any, as the Council may direct shall be sufficient.
B.
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.
C.
Council. The words "Council" or "the Council" shall mean the Council of the Town of Middletown, Virginia.
D.
County. The words "county" or "the county" shall mean the County of Frederick in the State of Virginia.
E.
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.
F.
Gender. A word importing the masculine gender only may extend and be applied to females and to corporations as well as males.
G.
Health Department. The term "Health Department" shall be taken to mean the Frederick County Health Department.
H.
Health Officer. The term "Health Officer" shall be taken to mean the Director of Public Health of Frederick County or his authorized representative.
I.
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.
J.
May. The word "may" shall be permissive.
K.
Month. The word "month" shall mean a calendar month.
L.
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.
M.
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.
N.
Occupant or tenant. The word "occupant" or "tenant" 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.
O.
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 the official standard time or daylight saving time, whichever may be in current use in the Town.
P.
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.
Q.
Person. The word "person" shall include a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.
R.
Preceding. The word "preceding," when used by way of reference to any section, shall be construed to mean next preceding that in which such reference is made.
S.
Property. The word "property" shall mean real, personal or mixed property.
T.
Public place. The word "public place" shall mean the parks and all public lands owned or leased by the Town and those parts of public places which do not form traveled parts of streets as defined in this section.
U.
Shall. The word "shall" shall be mandatory.
V.
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.
W.
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.
X.
State. The words "state" or "the state" shall mean the State of Virginia.
Y.
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 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.
Z.
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.
AA.
Town. The words "Town" or "the Town" shall mean the Town of Middletown in the County of Frederick and the State of Virginia.
BB.
Written; in writing. The words "written" and "in writing" shall include typewriting, printing on paper and any other mode of representing words and letters.
Except as otherwise provided, the rules as given in the Code of Virginia for the construction of statutes shall as far as applicable govern in the construction of this Code and such other ordinances and resolutions as may hereafter be adopted.
It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code 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 Code.
The provisions appearing in this Code, so far as they are in substance the same as those of the 1955 Ordinances of the Town of Middletown, Virginia, and all ordinances adopted subsequent thereto, and included herein, shall be considered as continuations thereof and not as new enactments.
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 re-enacted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The ordinances comprising this Code are classified according to subject matter and placed under appropriate chapter headings. Chapters of this Code are, in some instances, further divided into articles. Each chapter and article is composed of individual sections of similar subject matter.
Whenever in this Code or in any other ordinance of the Town 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, neglect or refusal to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or other ordinance of the Town shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding 12 months or by both such fine and imprisonment. Except where otherwise provided, every day any violation of this Code or any other ordinance of the Town shall continue shall constitute a separate offense.
[1]
Editor's Note: Former § 1-9, Jail and jailer of Town, was repealed 5-11-2026.
A.
Any violation of this Code or other ordinance of the Town 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 of 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 or other ordinance of the Town, where such violation was the act or omission or order of any such person.
[1]
Editor's Note: Former § 1-11, Imprisonment for failure to pay fines and costs, amended 1-12-2026, was repealed 5-11-2026.
[Adopted 1-12-2026]
Pursuant to§ 15.2-1433, Code of Virginia, the ordinances of the Town of Middletown of a general and permanent nature adopted by the Town Council of the Town of Middletown, as revised and codified and consisting of Chapters 1 through 220, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Middletown," 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 Middletown" 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 § 1-14 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
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 Middletown which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of the Code and the repeal of ordinances provided for in § 1-16 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 Middletown 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 elate of this ordinance in violation of any legislative provision of the Town of Middletown 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 Middletown.
D.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Middletown.
E.
Any ordinance of the Town of Middletown 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 Middletown or any portion thereof.
F.
Any ordinance of the Town of Middletown 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 Middletown 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 October 14, 2025.
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[1] 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]
Editor's Note: In accordance with § 1-18B, 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) 1-12-2026." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C.
Nomenclature changes and revisions.
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.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Town of Middletown to be misrepresented thereby. Violation of this section shall be punishable as a Class 4 misdemeanor.
This ordinance shall take effect upon final passage as provided by law.