[HISTORY: Adopted by the Town Council of the Town of Hillsville: Art. I, 11-11-1996. Amendments noted where applicable.]
[Adopted 11-11-1996]
In accordance with § 15.1-37.3 of the Code of Virginia, the ordinances and certain resolutions of the Town of Hillsville as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 171, together with an Appendix, shall be known collectively as the "Code of the Town of Hillsville," hereafter termed the "Code."  Wherever reference is made in any of the ordinances and resolutions contained in the "Code of the Town of Hillsville" 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 Hillsville, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
A. 
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:
(1) 
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.
(2) 
Gender. A word importing the masculine gender only may extend and be applied to females and to corporations as well as males.
(3) 
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.
(4) 
May. The word "may" shall be permissive.
(5) 
Number. The word importing the singular number only may extend and be applied to several persons or things, as well as to one (1) person or thing; and a word importing the plural number only may extend and be applied to one (1) person or thing, as well as to several persons or things.
(6) 
Oath. The word "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for any oath.
(7) 
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 official standard time or daylight saving time, whichever may be in current use in the town.
(8) 
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.
(9) 
Shall. The word "shall" shall be mandatory.
(10) 
Swear or 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.
B. 
As used in this Code, the following terms shall have the meanings indicated:
BOND
When a bond is required, an undertaking in writing with such surety, if any, as the Council may direct shall be sufficient.
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 Sunday or a legal holiday, that day shall be excluded.
COUNCIL or THE COUNCIL
The Council of the Town of Hillsville, Virginia.
COUNTY or THE COUNTY
The County of Carroll in the State of Virginia.
HEALTH DEPARTMENT
The Carroll County Health Department.
HEALTH OFFICER
The Director of Public Health of Carroll County or his authorized representative.
MONTH
A calendar month.
OCCUPANT or TENANT
Any person who holds a written or oral lease of or actually occupied the whole or a part of such building or land, either alone or with others.
OWNER
Applied to a building or land, includes 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.
PERSON
Includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.
PROPERTY
Real, personal or mixed property.
PUBLIC PLACE
The parks and all public lands owned by the town, and those parts of public places which do not form travelled 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 and SUBSCRIPTION
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.
STATE or THE STATE
The State of Virginia.
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.
TOWN or THE TOWN
The Town of Hillsville, in the County of Carroll and the State of Virginia.
WRITTEN and IN WRITING
Include typewriting, printing on paper and any other mode of representing words and letters.
A. 
All ordinances of a general and permanent nature of the Town of Hillsville 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.
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 the Town of Hillsville 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 the Town of Hillsville 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 Hillsville.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Hillsville.
E. 
Any ordinance of the Town of Hillsville 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 Hillsville or any portion thereof.
F. 
Any ordinance of the Town of Hillsville 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 Hillsville 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 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. 
Any legislation adopted subsequent to June 10, 1996.
N. 
An ordinance adopted June 24, 1981, pertaining to reapportionment.
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 Manager of the Town of Hillsville 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 Manager of the Town of Hillsville by impressing thereon the Seal of the town, and such certified copy shall remain on file in the office of said Town Manager 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 Hillsville" 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 Manager to keep up-to-date the certified copy of the book containing the Code of the Town of Hillsville required to be filed in the office of the Town Manager 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 may be purchased from the Town Manager of the Town of Hillsville upon the payment of a fee to be set by resolution of the Town Council, which Council may also arrange by resolution for procedures for the periodic supplementation thereof.
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.
Any person who, without authorization from the Town Manager, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Hillsville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Hillsville 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 subject to the penalty provided in § 1-13.
Wherever in this Code, or in any ordinance or resolution of the town, or rule or regulation or order promulgated by any officer or agency of the town under authority duly vested in him, her or it, any act is prohibited or is declared to be unlawful or an 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 any such ordinance, resolution, rule, regulation or order shall be punished as if guilty of a Class 1 misdemeanor, as defined in § 18.2-11 of the Code of Virginia (1950); provided, however, that such penalty shall not exceed the penalty prescribed by the Code of Virginia for a like offense. Each day any violation of this Code or any such ordinance, resolution, rule or order continues shall constitute a separate offense.
A. 
In compiling and preparing the ordinances and resolutions for publication as the Code of the Town of Hillsville, 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 (1) 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.
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 (or added) at time of adoption of Code; see Ch. 1, General Provisions, Art. I."
The provisions of this ordinance are hereby made Article I of Chapter 1 of the Code of the Town of Hillsville, such ordinance to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this ordinance shall be numbered §§ 1-1 to 1-16, inclusive.
This ordinance shall take effect as provided by law.