Town of Louisa, VA: Adoption of Code

Editor's Note: This article was numbered as Art. II, §§ 1-7 through 1-12, of the 1981 Code.

[Amended 6-18-1991 by Ord. No. 1991-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of the Town of Louisa, Virginia," and may be so cited. Such ordinances may also be cited as the "Louisa Town Code."

§ 1-2 Definitions and word usage.

In the interpretation and construction of this Code and of all ordinances and resolutions of the Town, the following rules of construction shall be observed, unless they are inconsistent with the manifest intent of the Council or the context clearly requires otherwise:

(1)

And/or. "And" may be read "or," and "or" may be read "and," if the sense requires it.

(2)

Bond. When a bond is required, an undertaking, in writing, with such surety, if any, as the Council may direct shall be sufficient.

(3)

Computation of time. The time within which an act is to be done or notice is to be given shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded and the next day included.

(4)

Gender. A word importing the masculine gender only shall extend and be applied to females and to corporations, firms and partnerships, as well as males.

(5)

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.

(6)

May. The word "may" is permissive.

(7)

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.

(8)

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 Eastern standard time or Eastern daylight saving time, whichever may be in current use in the Town.

(9)

Shall. The word "shall" is mandatory.

(10)

State; commonwealth. The words "the state," "this state," "the commonwealth" and "this commonwealth" shall mean the Commonwealth of Virginia.

(11)

Statute citations. All citations and references to the Code of Virginia shall be taken to refer to the Code of Virginia, 1950, as amended and currently in effect.

(12)

Time. Words used in the past or present tense include the future, as well as the past and present.

In the interpretation and construction of this Code and of all ordinances and resolutions of the Town, the following definitions shall be observed, unless they are inconsistent with the manifest intent of the Council or the context clearly requires otherwise:

COUNCIL; TOWN COUNCIL

The Council of the Town of Louisa, Virginia.

COUNTY

The County of Louisa in the State of Virginia.

FOLLOWING

When used by way of reference to any section or sections of any ordinance shall be construed to mean next following that in which such reference is made.

HEALTH OFFICER

The Director of the Thomas Jefferson Health District or the Director's authorized representative or any other public health officer having jurisdiction within the Town by authority of state law or that officer's duly authorized representative.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

MONTH

A calendar month.

OATH

Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath.

OCCUPANT or TENANT

When applied to a building or land, 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.

OWNER

When applied to any property, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such property.

PERSON

Includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.

PRECEDING

When used by way of reference to any section or sections of any ordinance shall be construed to mean next preceding that in which such reference is made.

PROPERTY

Real, personal or mixed property.

PUBLIC GROUNDS

The parks and all public lands owned by the Town and those parts of public places which do not form traveled parts of streets as defined in this section.

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.

SIGNATURE; SUBSCRIPTION

Include a mark when the person cannot write.

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 word "affirm" or "affirmed" in all cases in which, by law, an affirmation may be substituted for an oath.

TOWN

The Town of Louisa in the County of Louisa and State of Virginia. The words "in the Town" shall mean any territorial jurisdiction which for the exercise of its regulatory power has been conferred on the Town by general or special law.

WRITTEN; IN WRITING

Include typewriting, printing on paper and any other mode of representing words and letters.

YEAR

A calendar year.

§ 1-3 Provisions to be considered continuations.

The provisions appearing in this Code, so far as they are the same or substantially the same as those of the ordinances adopted by the Town Council included herein, shall be considered as continuations thereof and not as new enactments.

§ 1-4 Severability.

It is hereby declared to be the intention of the Town 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 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.

§ 1-5 Catchlines.

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.

§ 1-6 General penalty.

[Amended 2-18-2020]

Whenever in this Code or in any ordinance or resolution of the Town any act is prohibited or is declared to be unlawful or any offense or a 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 and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or of any ordinance or resolution shall be punished by a fine not exceeding $2,500 or by confinement in jail for a term not exceeding 12 months, or both such fine and confinement. Each day any violation of this Code or any such ordinance or resolution of the Town shall continue, it shall constitute, except where otherwise provided, a separate offense.