[HISTORY: Adopted by the Board of Supervisors of Northumberland County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-1998]
In accordance with § 15.2-1433 of the Code of Virginia, the ordinances and certain resolutions of Northumberland County, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 148, together with an Appendix, shall be known collectively as the "Code of Northumberland County," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the "Code of Northumberland County" 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 Board of Supervisors of Northumberland County, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-5 below.
The catchlines of the sections of this Code are intended as mere catchwords
to indicate the contents of the sections and shall not be deemed or taken
to be titles of such sections, nor as any part of any section, nor, unless
expressly so provided, shall they be so deemed when any section, including
its catchline, is amended or reenacted.
A.
All ordinances of a general and permanent nature of Northumberland
County in force on the date of the adoption of this ordinance 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hereby repealed from and after the effective date of this ordinance.
B.
When an ordinance or resolution which has repealed another
shall itself be repealed, the previous ordinance or resolution shall not be
revived without express words to that effect.
C.
When an ordinance that has repealed another ordinance
shall itself be repealed, the previous ordinance shall not be revived without
express words to that effect.
The repeal of ordinances provided for in § 1-4 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 Northumberland County 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 Northumberland
County 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 Northumberland County.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by Northumberland County.
E.
Any ordinance of Northumberland County 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 Northumberland
County or any portion thereof.
F.
Any ordinance of Northumberland County appropriating
money or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of Northumberland County
or other instruments or evidence of the county's indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any ordinance amending the Zoning Map.
L.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
M.
Authorizing or otherwise relating to any contract or
obligation assumed by the county.
N.
Related to particular traffic-control devices required
by law, that is consistent with this Code.
O.
Related to license or privilege taxes, that is consistent
with this Code.
P.
Related to aviation.
Q.
Related to a county agricultural district, including
an ordinance adopted 12-15-1992.
R.
Related to cable television.
S.
Related to county inventories.
T.
Related to social security, retirement and group insurance.
U.
Related to the amount of tax exemptions.
V.
Appropriating funds or related to the compensation and
other benefits of officers, agents or employees or an annual tax levy or budget.
W.
Establishing magisterial districts.
X.
Establishing fees.
Y.
Related to zoning or the subdivision of land.
Z.
Related to electrical wiring and installations.
AA.
The purposes of which have been accomplished.
BB.
That is temporary, although general in effect.
CC.
That is special, although permanent in effect.
DD.
Any legislation adopted subsequent to February 2, 1998.
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.
Any violation of this Code 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 by 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, where such violation was the act or omission or the result of the act,
omission or order of any such person.
Nothing in this Code or the ordinance adopting this Code shall affect
any offense or act committed or done; any penalty or forfeiture incurred;
any contract or right established or accruing; any prosecution, suit or proceeding
pending or any judgment rendered on or before the effective date of this Code.
A copy of the Code, in loose-leaf form, has been filed in the office
of the County Administrator of Northumberland County 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 County Administrator of Northumberland County by impressing thereon
the Seal of the county, and such certified copy shall remain on file in the
office of said County Administrator 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 Northumberland
County" or any new ordinances or resolutions, when enacted or adopted in such
form as to indicate the intention of the Board of Supervisors 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 Board of Supervisors deems desirable.
It shall be the duty of the County Administrator to keep up-to-date
the certified copy of the book containing the Code of Northumberland County
required to be filed in the office of the County Administrator for use by
the public. All changes in said Code and all ordinances and resolutions adopted
by the Board of Supervisors subsequent to the enactment of this ordinance
in such form as to indicate the intention of said Board 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 may be purchased from the County Administrator of
Northumberland County upon the payment of a fee to be set by resolution of
the Board of Supervisors, which Board may also arrange by resolution for procedures
for the periodic supplementation thereof.
Any person who, without authorization from the County Administrator,
changes or amends, by additions or deletions, any part or portion of the Code
of Northumberland County or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of Northumberland County to be
misrepresented thereby or who violates any other provision of this ordinance
shall be punished as for a Class 1 Misdemeanor.
A.
In compiling and preparing the ordinances and resolutions for publication as the Code of Northumberland County, 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 Board of Supervisors 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.
B.
In addition, the certain amendments and/or additions are made herewith and are hereby adopted by reference, to become effective upon the effective date of this ordinance. The sections or chapters which have been amended or added are noted using an Editor's Note stating: "Amended (added or adopted) at time of adoption of Code; see Ch. 1, General Provisions, Art. I."[1]
[1]
Editor's Note: During routine supplementation, footnotes indicating
amendments, additions or deletions will be replaced with the following history:
"Amended (added, deleted) 8-13-1998."
C.
Nomenclature: Throughout this Code, a word importing
the masculine gender shall be amended to extend and be applied to females.
This ordinance shall take effect as provided by law.
