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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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.
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.
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.