[HISTORY: Adopted by the City Council of
the City of Galax as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-13-1990]
Be it ordained by the Council of the City of
Galax:
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There is hereby adopted by the City Council of the City of Galax that certain Code entitled the "City Code of the City of Galax, Virginia," containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters
1 to 165, both inclusive, of which Code not fewer than three copies have been and are now filed in the office of the City Clerk.
The provisions of such Code shall be in force
on and after December 14, 1990, and all ordinances of a general and
permanent nature adopted on final reading and passage on or before
November 13, 1990, and not contained in such Code are hereby repealed
from and after December 14, 1990, except as hereinafter provided.
The repeal provided for in §
1-2 above shall not affect the following, which are hereby expressly saved from repeal:
A. Any offense or act committed or done or any penalty
or forfeiture incurred or any contract or right established or accruing
before the effective date of this ordinance.
B. Any prosecution, suit or proceeding pending or any
judgment rendered prior to the effective date of this ordinance.
C. Any ordinance or resolution promising or guaranteeing
the payment of money for the City or authorizing the issue of any
bonds of the City or any evidence of the City's indebtedness or any
contract or obligation assumed by the City.
E. Any right or franchise conferred by ordinance or resolution
of the City on any person or corporation.
F. Any ordinance adopted for purposes which have been
consummated.
G. Any ordinance which is temporary, although general
in effect, or special, although permanent in effect.
H. Any ordinance annexing territory to the City.
I. Any ordinance naming, renaming, opening, accepting
or vacating streets or alleys in the City.
J. Any ordinance relating to the Zoning Map.
K. Any ordinance establishing fees for City services.
L. Any ordinance adopted on final reading and passage
after July 1, 1990.
A. In compiling and preparing the ordinances for publication as the City Code, no changes in the meaning or intent of such ordinances 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 City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B. In addition, the following changes, amendments or
revisions to existing legislation and certain new chapters are adopted
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.)
It is hereby declared to be the intention of
the City Council that the sections, paragraphs, sentences, clauses
and phrases of this ordinance and the Code hereby adopted are severable,
and if any phrase, clause, sentence, paragraph or section of this
ordinance or the Code hereby adopted 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 ordinance or the Code hereby adopted.
[Adopted as Ch. 1 of the 1914 Code]
The ordinances embraced in this and the following
chapters and sections shall constitute and be designated the "Code
of the City of Galax, Virginia," and may be so cited. Such ordinances
may also be cited as the "Galax City Code."
In the construction of this Code and of all
ordinances, the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the City Council:
A. Definitions. As used in this Code and all ordinances,
the following terms shall have the meanings indicated:
MONTH
Unless otherwise expressed, a calendar month.
OATH
Includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath.
OWNER
Applied to any property, shall include any part owner, joint
owner, tenant in common, tenant in partnership, joint tenant or tenant
by the entirety of the whole or of a part of such property. It shall
also include a trustee or fiduciary in possession of the property.
SIDEWALK
Any portion of the street between the curb and the adjacent
property line, intended for the use of pedestrians.
STREET
Embraces 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 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
Equivalent to the words "affirm" and "affirmed" in all cases
in which, by law, an affirmation may be substituted for an oath.
B. Word usage.
(1) 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 is Sunday or a legal holiday, that
day shall be excluded.
(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) Joint authority. Words purporting to give authority
to three or more public officers or other persons shall be construed
as giving such authority to a majority of such officers or other persons.
(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) Person. The word "person" shall extend and be applied
to associations, firms, partnerships and bodies politic and corporate,
as well as to individuals.
(6) Preceding; following. The words "preceding" and "following"
mean next before and next after, respectively.
(7) Shall; may. The word "shall" is mandatory, and the
word "may" is permissive.
(8) Time. Words used in the past or present tense include
the future as well as the past and present.
(9) Other words. The rules of construction given in the
Code of Virginia, 1-13.1 to 1-13.36, shall govern, so far as applicable,
the construction of all other words not defined in this section.
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 reenacted.
The provisions appearing in this Code, so far
as they are the same in substance as those of the ordinances codified
herein, shall be considered as continuations thereof and not as new
enactments.
If any part or parts, section or 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 remaining portions of this Code.
No new ordinance shall be construed to repeal
a former ordinance as to any offense committed against the former
ordinance or as to any act done, any penalty, forfeiture or punishment
incurred or any right accrued or claim arising under the former ordinance
or in any way whatever to affect any such offense or act so committed
or done or any penalty, forfeiture or punishment so incurred or any
right accrued or claim arising before the new ordinance takes effect,
save only that the proceedings thereafter had shall conform, so far
as practicable, to the ordinance in force at the time of such proceedings.
When an ordinance which has repealed another
shall itself be repealed, the previous ordinance shall not be revived
without express words to that effect.
A. Wherever in this Code or in any ordinance of the City
or in any rule, regulation, notice or order enacted or issued pursuant
thereto any act is prohibited or is made or declared to be unlawful
or a misdemeanor, or wherever in such Code, ordinance, rule, regulation,
notice or order the doing of any act is required or the failure to
do any act is declared to be unlawful or a misdemeanor, and no specific
penalty is provided for, the violation of any such provision of this
Code or any such ordinance, rule, regulation, notice or order shall
be punished by a fine not exceeding $1,000 or by confinement in jail
not exceeding 12 months, or both.
B. Any provision of this Code or any other ordinance
of the City or any resolution of the City or any rule, regulation
or order promulgated by any officer or agency of the City under authority
duly vested in him or it to the contrary notwithstanding, no penalty,
whether by fine or imprisonment, imposed for the violation of any
provision of this Code or any other ordinance of the City or any resolution
of the City or any rule, regulation or order promulgated by any officer
or agency of the City under authority duly vested in him or it shall
be in excess of the penalty established by the state for a similar
offense under state law.
C. Each day any such violation shall continue shall constitute,
except where otherwise provided, a separate offense.
[Amended 3-8-2021]
The City is hereby divided into two voting precincts,
to be known, respectively, as "East Galax and West Galax Precincts,"
the boundaries of which shall be as shown on the Map of the City of
Galax and new annexed areas which is on file in the office of the
City Manager and is also recorded in the offices of the Clerks of
the Circuit Courts of Carroll and Grayson Counties.
The place for holding the election in each precinct
shall be selected by the City Council, and the voters in such precincts
shall vote at such voting places respectively.