State law references: Authority to codify ordinances, Code of Virginia, § 15.2-1433.
There is hereby adopted by the Town Council that certain Code entitled the "Code of the Town of Appomattox," containing ordinances of a general and permanent nature as revised, compiled, consolidated and consisting of Chapters 1 through 195, together with an Appendix, hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the "Code of the Town of Appomattox" to any other ordinance or resolution 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 or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of Appomattox, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-5 below.
All ordinances of a general and permanent nature of the Town of Appomattox in force on the date of the adoption of this ordinance, including the Town Code adopted 4-11-1994, and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the Town of Appomattox prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Town of Appomattox or any penalty, punishment or forfeiture which may result therefrom.
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 Appomattox.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Appomattox.
Any ordinance of the Town of Appomattox 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 Appomattox or any portion thereof.
Any ordinance of the Town of Appomattox 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 Appomattox or other instruments or evidence of the Town's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any ordinance relating to salaries and compensation.
Any ordinance amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for Town employees.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Any ordinance adopted subsequent to 7-22-2003.
If any clause, sentence, paragraph, section, article, chapter or part of this ordinance or of any ordinance or resolution 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, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Appomattox 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 Town Clerk of the Town of Appomattox by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town 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 and resolutions known collectively as the "Code of the Town of Appomattox" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Council 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 printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance or resolution contained herein, and such ordinances or resolutions may be amended, deleted or changed from time to time as the Town Council deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Appomattox required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all ordinances and resolutions adopted by the Town Council subsequent to the enactment of this ordinance in such form as to indicate the intention of said Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, ordinances or resolutions until such changes, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Town Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who alters or tampers with the Code of the Town of Appomattox in any manner whatsoever which will cause the legislation of the Town of Appomattox 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.
In compiling and preparing the ordinances and resolutions for publication as the Code of the Town of Appomattox, no changes in the meaning or intent of such ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, 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 Town Council that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such.
In addition, the amendments and/or additions 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 and resolutions as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-13B, the chapters, articles and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by footnotes or histories referring to Chapter 1, General Provisions, Article III. During routine supplementation, footnotes and histories indicating amendments, additions and deletions will be replaced with the following history: "Amended (added, deleted) 2-28-2006." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect as provided by law.