AUGUST 22, 1977
CITY OF VIRGINIA BEIC
MU@ICIPAL CE.IER
VI@GL@IA BEACI ,@IRGINIA 23456
MAYOR 1. CURTIS PAYNE, P,i@@... A..@ B.,..gb JOHN R. GRIFFIN, Ly-b.@@. B.,..gb
VICE MAYOR, GEORGE R. FERRELL, A, L.,g. CLARENCE A. HOLLAND, B.y,id@ B.,..gh
JOHN A. BAUM, B.@.gb J. HENRY M,COY, J,, B.@.gh
ROBERT H. CALLIS.,J,, Vigi@i. B..@h B .... gh PATRICK L. STANDTNG, At L.,g@
ROBERT B. CROMWELL, J,, A@ L.,g@ FLOYD E. WATERFIELD. J,., P.@g. B.@.gb
CHARLES W. GARDNER, At L.,g@ A G E N D A RICHARD J. WEBBON, Cily Cl@,k
The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular SeSSion, at 1:00 p.m.,
on Monday, August 22, 1977 for the purpose of conducting public business and will hear and
act upon the following items:
1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Informal Discussion and Executive Session. Upon conclusion of the
Executive Session, City Council will reconvene in the City Council Chambers.
4. Invocation will be given at 2:00 p.m., by the Reverend Charles Ammons, Charity United
Methodist Church, Virginia Beach, Virginia. Please remain standing for the Pledge of
Allegiance.
5. Roll Call of the Council, Public Hearings, and consideration of Public business.
6. Minutes of the Regular Meeting of August 15, 1977 to be presented for approval and
acceptance.
7. No Items for Second Reading.
7a. City Council is requested tO approve an amendment to the Minutes of May 9; 1977 in the
matter of the Crown Petroleum C 'orporation application for a gasoline service station on
South Lynnhaven Parkway to read as follows in items 4:
"Only two curb cuts on Lynnhaven Parkway of 24' maximum width each clearly
marked "in only" and "out only" and one curb cut on South Lynnhaven Road.
Further, there is to be no mefian cross-overs on South Lynnhaven Road or
Lynnhaven Parkway.
8. Letter from the City Manager recommending that City Council authorize the City Manager
to enter into the necessary agreements to purchase Princess Anne, Pembroke, and Aragona
Utilities and to arrange for appropriate revenue bond financing.
8a. Letter from the City Uanager recommending that City Council approve an ordinance
to amend and reordain Section 37-11 of the Code of the City of Virginia Beach relating
to the conservation of the water supply.
9. Letter from the City Manager recommending that City Council approve an ordinance to
amend and reordain Chapter 37 of the Code of the City of Virginia Beach by adding a
new section 37-18.1 relating to repairs to the water system and charges therefor.
10. Letter from the City Manager recommending that City Council approve an ordinance to
amend Section 29-3 of the Code of the City of Virginia Beach by adding thereto a new
section (c-1) relating to pump station costs.
11. Letter from the City Manager recommending that City Council approve the following
ordinances:
a. An ordinance to amend and reordain sections 23-20, 23-25, 23-32, 23-36.1, 23-36.2,
23-36.3 and 23-48 of Chapter 23 of the Code of the City of Virginia Beach pertaining
to miscellaneous offenses.
b. An ordinance to amend and reordain sections 6-1, 6-4, 6-5, 6-5.1, 6-9.2, 6-25 and
6-33 of Chapter 6 of the Code of the City of Virginia Beach pertaining to Beaches,
Lakes and Wharves.
C. An ordinance to amend and reordain sections 5-17, 5-18, 5-23, 5-35 and 5-43 of Chapter
5 of the Code of the City of Virginia Beach pertaining to animals and fowl.
12. Letter from the City Manager recommending that City Council adopt an ordinance to
amend section 2-7 of the Code of the City of Virginia Beach relating to regular
Council Meetings; when and where held.
13. Old business, deferred from the previous meeting, including any report of the Mayor
or committees named by Council.
14. New business, including any presentations by Council Members, citizens, and organizations.
15. Motion for adjourrunent.
MINUTES OF THE HONORABLE CITY COUNCIL
OF TIIE
CITY OF VIRGINIA BEACH, VIRGINIA
August 22, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room, in the Administration Building, Princess Anne
Borough, on Monday, August 22, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J.
Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd
E. Waterfield, Jr.
ITEM #11191
Mayor Holland entertained a motion to permit the Council to conduct
an informal discussion to be followed by an executive session for
the purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property.
3. Investing of public funds where competition
or bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected.
4. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of
the public body.
On motion by Vice Mayor Standing, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to proceed into the Executive Session following
the informal discussion.
8 / 2 27 7
ITEM #11192 -2-
The City Manager stated that there were 17 tons of fish removed from
Lake Joyce over the weekend. The Health Department requested that a
sign be posted stating the lake is a health hazard, and when water
samples become clear the signs will be removed.
ITEM #11193
The City Manager informed Council that the City of Virginia Beach
has made the Guiness World Book of Records for 1977, by being
classified as the largest pleasure beach in the world.
ITEM #11194
The City Manager stated that Council approved the firm of Hayes, Seay,
Mattern and Mattern to perform an independent study, paid 50T@ by the
City and 50% by the Private Utilities, to arrive at a value and to also
determine if the City could pay for the purchase of the private utilities.
The City Manager stated that from the report it's evident that from
totally within the private utility area, today, as we know it, the
City will be able to collect from the residents in that area sufficient
funds, not only to pay the $8.1 Million offered by the Private Utilities
principals, but also for any improvements anticipated.
Todays authorization authorizes the City Manager to proceed with the
final negotiations, legal work, etc., and does not mean Council will
not have another vote on the issue.
ITEM #11195
At 2:05 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd,E. Waterfield, Jr.
The invocation was given by the Reverend Charles Ammons, Charity
United Methodist Church, followed by the Pledge of Allegiance.
ITEM #11196
On motion by Councilwoman Oberndorf, seconded by Councilman Baum,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the minutes of the regular meeting of
August 15, 1977, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
8 / 2 2 / 7 7
Absent: None
8/22/77
- 3 -
ITEM #11197
On motion by Councilman Griffin, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B, Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. ilenry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve an amendment to the I'linutes of May 9,
1977, in the matter of the Crown Petroleum Corporation for a gasoline
service station on South Lynnhaven Parkway to read as follows in item
number four (4):
"Only two curb cuts on Lynnhaven Parkway
of 24' maximum width, each clearly marked
"in only" and "out only", and one curb
cut on South Lynnhaven Road. Further,
there is to be no median cross-overs on
South Lynnhaven Road or Lynnhaven Parkway."
ITEM #11198
On April 11, 1977, City Council authorized the City Manager to hire
an engineering firm to serve as mediator for determination of a pur-
chase price for Princess Anne, Aragona, and Pembroke Utilities. The
engineering firm of Hayes, Seay, Mattern and Mattern of Roanoke,
Virginia, was hired, and the report has been completed.
As Council is aware, the combined accounts of these three utilities
is greater than the number of accounts on the City's utilities system,
the private systems are in the center of the City and cause costly
engineering difficulties when attempting to get from one side of our
system to the other. Such a procedure is brought about because of
the property rights commensurate with a certificated area of a private
utility.
The strong points for consolidation of the services would include
more efficient coordination of services and maintenance, as well as
the elimination of costly duplication, which results in reduced costs
to customers. A consistent level of service would be, for the first
time, offered to the majority of residences in the City.
Revenue studies have been made on the system and it is anticipated
that the purchase of the utilities and the cost to make the necessary
improvements to upgrade the system can be borne solely by the present
users of the private utilities and not by any other method of financing,
either by general obligation bonds or by citizens now on the City's
system.
Council would acquire a valuable asset, with no initial capital outlay,
which will be paid for solely by its users. The principals of the
private utilities have agreed to accept City bonds for the purchase
price of $8.1 Million at a 6% rate of interest.
Therefore Councilman Riggs made a motion, seconded by Vice Mayor
Standing, to authorize the City Manager to enter into the necessary
negotiations for the purchase of Princess Anne, Pembroke and Aragona
Utilities, and to further arrange for appropriate revenue bond financing.
The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert B. Cronlwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
8/)2/77
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City Council voted to authorize the City Manager to enter into the
necessary negotiations for the purchase of Princess Anne, Pembroke,
and Aragona Utilities, and further to arrange for appropriate revenue
bond financing.
ITEM #11199
The following persons appeared regarding this ordinance:
Captain J. W. Crawford
Mr. Boyce Webb
Mr. Walter Panthriand
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, 1,Aayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman laeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Section 37-11 of the Code of the City of Virginia Beach,
Virginia, relating to the Conservation of the City Water Supply: 8 / 2 2 / 7 7
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-11 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO THE CONSERVATION OF THE CITY WATER SUPPLY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 37-11 of the Code of the City of Virginia Beach, Virginia,
is hereby amended and reordained as follows:
37-11. Conservation of city water supply; penalties therefor
A) Should the Governor, at any time, declare there to be a local
emergency existing in the City arising either wholly or substantially out of
a shortage of water supply, then the City Manager and/or Director of Public
Utilities is hereby authorized to order the restriction or prohibition of
any or all of the following uses of the water supply:
i) Watering of shrubbery, trees, lawns, grass, plants,
or other vegetation, except from a watering can or other container not exceeding
three gallons in capacity.
ii) Washing of automobiles, trucks, trailers, or any other type
of mobile equipment, excepting in facilities operating with a water recycling system
approved by the City, or except from a bucket or other container not exceeding
three gallons in capacity; provided, further, that any facility operating with an
approved water recycling system must prominently display in public view a sign
stating that such a recycling system is in operation.
iii) Washing of sidewalks, streets, driveways, parking areas,
service station aprons, exteriors of homes, apartments, commmercial or industrial
buildings, or any other outdoor surface, except from a bucket or other container
not exceeding three gallons in capacity.
iv) The operation of any ornamental fountain or other structure
making a similar use of water.
v) The filling of swimming and/or wading pools, or the
refilling of swimming and/or wading pools which were drained after the effective
date of the order.
vi) The use of water from fire hydrants for any purpose other
than necessary governmental operations.
vii) The serving of drinking water in restaurants, cafeterias
or any other establishment unless requested to do so by the individual being served.
These restrictions, or any of these, shall become effective upon
their being printed in any newspaper of general circulation in the City, or
broadcast upon any radio or television station serving the City.
B) Should the implementation of all of the above measures fail to
preserve sufficient supplies of water for the citizens of Virginia Beach, then the
City Manager and/or Director of Public Utilities is hereby authorized, in addition,
to order the imposition of specific allotments of water supply, by volume, to each
customer of the City water supply system. The allotment for each customer shall
be determined by the City Manager and/or Director of Public Utilities, but in no
event shall any customer receive any different allotment than any other customer
with the same size water meter.
If the alloted water supply is exceeded within any billing period,
then the Department of Public Utilities is hereby authorized to surcharge each
customer so exceeding its allotment the amount of Ten Dollars ($10.00) for each
100 cubic feet of water consumed above the allotment.
8 / 2 27 7
6-
C) Should all of the measures taken in paragraphs A and B above
prove insufficient to preserve sufficient supplies of water for the citizens
of Virginia Beach, then the City Manager and/or Director of Public Utilities is
hereby further authorized to restrict or discontinue the supply of water to any
industrial or commercial activity which uses water beyond the sanitary and
drinking needs of its employees and invitees.
D) Any person violating any provision of this section or any
order of the City Manager and/or Director of Public Utilities issued pursuant
to the authority granted hereunder, shall, upon conviction, be guilty of a class
3 misdemeanor. In addition, the City Manager and/or Director of Public Utilities
is hereby authorized to terminate the water service, for the duration of the
emergency, to any person convicted under this section.
E) Nothing in this section shall be construed to prohibit the City Manager
and/or Director of Public Utilities from rescinding any orders issued when the
conditions creating the need for such orders have abated.
An emergency exists, and this ordinance shall be effective
from the date of its adbption.
Adopted this 22 day of August, 1977.
Mayor Hol@land stated he received the follow@-ng letter from the
Honorable Mills E. Godwin, Governor of the Commonwealth of Virginia,
declaring a local emergency to exist in the City of Virginia Beach:
8 / 2 2 / 7 7
7 -
COMMONWEALTH of VIRGINIA
Office of the Governor
Richmond 23219
DECLARATION OF A LOCAL EMERGENCY
BY THE GOVERNOR OF VIRGINIA
Prolonged drought conditions resulting in diminished reserves and
actual shortages of water are causing citizens in the City of Virginia
Beach to experience hardship.
The health, safety, economy and general welfare of the affected
citizens require that coordinated local government action be taken to
alleviate the conditions brought about by this situation which consti-
tutes a local emergency arising substantially out of a resource shortage
as contemplated under the provisions of SS 44-146.16(6) of the Code of
Virginia.
Now, therefore, I, Mills E. Godwin, Jr., do hereby declare a local
emergency to exist in the affected area of the Commonwealth, to wit:
the City of Virginia Beach, and authorize and direct the Council of
the City of Virginia Beach to impose such water conservation measures,
specifically including restrictions on the use of water for non-essential
purposes, as may be necessary to ensure an adequate supply of water for
essential uses, tO protect the public health and safety and alleviate
possible suffering caused by this situation.
Given under my hand and under the lesser seal of the Commonwealth
of Virginia, at Richmond, this eighteenth day of August, one thousand
nine hundred and seventy-seven, and in the two hundred and second year
of the Commonwealth.
Governor
ON
By the Governor:
Secretary of the Commonwealth 8/22/77
8-
On motion by Vice Mayor Standing, seconded by Councilman Riggs, an'd
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Ifolland, J. Henry TIcCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Ro.-er L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Chapter 37 of the Code of the City of Vitginia Beach.
Virginia, by adding a new Section 37-18.1 relating to airs :Lo
the Water tem and r es Therefor:
Requested bY: CitY Manager@lic Utilities Dep t
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 37
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY ADDING A NEW SECTION 37-18.1
RELATING TO REPAIRS TO THE WATER SYSTEM
AND CHARGES THEREFOR.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 37 of the Code of the City of Virginia Beach, Virgini,,, i,
amended by adding a ne, Sectio,, 37-18.1, as follo.s:
Section 37-18.1 Repairs to system; Charges.
Whenever any person shall cause damage to any part of the water distri-
bution system, including, but not limited to all mains, connectors, laterals, lines,
meters, and any and all appurtenances attached ther,to or thereon, the City Depart-
ment of Public Utilities shall be notified immediately of such damage and the Depart-
ment of Public Utilities shall repair same as quickly as is possible.
Cost for the repair shall include all actual costs for labor, material and
equipment, plus a charge of 25% of a,t,al cost for administrative expense and over-
head. Such costs shall be borne by the party causing any damage or responsible
therefor.
Invoices showing all costs incurred shall be rendered to the party or
parties liable therefor, and are payable upon receipt thereof.
- 9 -
ITE?l #11201
On motion by Vice Mayor Standing, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarelice A. Ilolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to defer until September 12, 1977 the following
ordinance to amend Section 29-3 of the Code of the City of Vir.-inia
Beach by adding thereto a new Section (C-1) relating to Pump Station
Costs:
AN ORDINANCE TO AMEND SECTION L-9-3 OF
THE CODE OF 1-HE CITY OF VIRGINIA BEACH
BY ADDING THLf@E'rO A NE@,l SEC-FIO@J (c-1)
RELATING l'O PUMP STATION COSTS.
BE IT ORDAINED BY 1-HE COLINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 29-3 of the Code oF tlie City of Virginia Beach, Virginia,
is hereby amended by adding a new section c-! as follows:
(c-1) Pi-operty oviners siiare of the punip s"ation costs - Whenever system
installation costs are calculated pursuant to seclion (c)(1) ttirough (c)(9) above,
and ttie property to be served discharges through a pump station consti,uc ted or owned
by the City of Virginia Beach, then in addi'Lion to the fees above, there shall also
be chai-ged a pro rata share c)f the costs of the construct-ion of the purip station
being utilized, based on -,lie ratio of estimated flows at peak demand to design
capacity.
This ordinance shall be effective on aiid after Apr,il 1, 1977.
DEFERRED UNTIL SEPTEMBER 12, 1977
Adopted by the Council of tlie City of Vii-ginia Beach, Virginia, on the
day of 1977.
ITEM #11202 -10-
On motion by Councilman Ferrell, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Sections 23-20, 23-25, 23-32, 23-36.1, 23-36.2, 23-36.3,
and 23-48 of Chapter 23 of the Code of the City of Virginia Beach,
Virginia, pertaining to Miscellaneous Offenses:
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
23-20, 23-25, 23-32, 23-36.1, 23-36.2, 23-36.3
AND 23-48 OF CHAPTER 23 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO
MISCELLANEOUS OFFENSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 23-20, 23-25, 23-32, 23-36.1, 23-36.2, 23-36.3 and 23-48
of Chapter 23 of the Code of the City of Virginia Beach, Virginia, are hereby
amended and reordained as follows:
Sec. 23-20. Drunkenness and profane swearing.
If any person arrived at the age of discretion profanely curse or swear
or get or be drunk in public, such person shall be guilty of a class IV misdemeanor.
If any person shall be convicted for being drunk in public three times
within one year, upon the third or any subsequent conviction for such offense within
the period of one year, such person shall be guilty of a class III misdemeanor.
Sec. 23-25. Hawkers, loiterers, etc. - Moving on, etc., when required by police.
Any person vending or hawking goods, wares or merchandise or loitering or
standing on any of the streets or ways of the city shall move on when required so
to do by any member of the department of police, and failure to do so shall consti-
tute a class IV misdemeanor. Any group of persons standing on any of the streets
or ways of the city shall separate and move on and cease to occupy such position on
the street or way when required to do so by any member of the department of police;
and failure to do so shall constitute a class IV misdemeanor.
Sec. 23-32. Noise generally.
It shall be unlawful for any person to create any unreasonably loud,
disturbing and unnecessary noise in the city or any noise of such character, inten-
sity and duration as to be detrimental to the life or health of any person or
unreasonably to disturb or annoy the quiet, comfort or repose of any person.
The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this section, but such enumeration shall not be
-1. 1-
(a) The playing of any television set, radio, phonograph or any musical
instrument in such a manner or with such volume as to annoy and disturb the quiet,
comfort or repose of persons in any dwelling, hotel or other type of residence.
(b) The keeping of any animal which by causing frequent or long-continued
noise shall disturb the comfort and repose of any person in the vicinity to such an
extent as shall constitute a nuisance.
(c) The creation of any excessive noise on any street adjacent to any
school, institution of learning or court, while the same is in session, or adjacent
to any building used as a place of public worship, while being so used, or adjacent
to any hospital, which unreasonably interferes with the workings of such school,
institution or court or the services being conducted in such place of public worship
or which disturbs or unduly annoys patients in such hospitals.
(d) The shouting and crying of peddlers, hawkers and vendors which dis-
turbs the peace and quiet of the neighborhood.
(e) The use of any drum, loud-speaker or other instrument or device for
the purpose of attracting attention, by creation of noise to any performance, show
or sale or display of merchandise.
(f) Any person who violates the provisions of this section shall be
guilty of a class IV misdemeanor.
Sec. 23.36.1. Obstructing free passage of others - Public place or private place
open to public.
Any person or persons who in any public place or on any private property
open to the public unreasonably or unnecessarily obstructs the free passage of other
persons to and from or within such public place or private property and who shall
fail or refuse to cease such obstruction or move on when required to do so by the
owner or lessee or agent or employee of such owner or lessee or by a duly authorized
law enforcement officer, shall be guilty of a class IV misdemeanor.
Sec. 23-36.2. Same - Obstructing free passage of traffic on streets or sidewalks.
It shall be unlawful to congregate in such a manner so as to block, hinder,
impede or obstruct the free and uninterrupted passage of vehicular or pedestrian
traffic on the streets or sidewalks in the city . Any person who violates the pro-
visions of this section shall be guilty of a class IV misdemeanor.
-2-
8 / 2 2 / 7 7
1 2-@
Sec. 23-36.3. Same - Sitting, reclining or lying down on streets, etc.
It shall be unlawful for any person to sit, recline or lie down on any
street, sidewalk, alley, curb, entrance to stores or other place of business. AAny
iv
misdemeanor.
Sec. 23-48. Sleeping in automobiles.
It shall be unlawful for any person to use an automobile for sleeping
quarters in lieu of hotel, tourist cabin, boardinghouse, rooming house or other
similar accommodations, within the City. Any person who violates the provisions
of this section shall be guilty of a class IV misdemeanor.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22 day of August _, 1977.
ITEM #11203
On motion by Councilman Ferrell, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted tO approve the following ordinance to amend and
reordain Sections 6-1, 6-4, 6-5, 6-5.1, 6-9.2, 6-25 and 6-33 of
Chapter 6 of the Code of the City of Virginia Beach, Virginia, per-
taining to Beaches, Lakes and Wharves:
8 / 2 27 7
- 1 3 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 6-1, 6-4, 6-5, 6-5.1, 6-9.2,
6-25 AND 6-33 OF CHAPTER 6 OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO BEACHES,
LAKES AND WHARVES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 6-1, 6-4, 6-5, 6-5.1, 6-9.2, 6-25 and 6-33 of Chapter 6,
of the Code of the City of Virginia Beach, Virginia, are hereby amended and
reordained as follows:
Sec. 6-1. Changing clothes in public lavatories, etc.
It shall be unlawful for any person to undress or put on a bathing suit,
change from a bathing suit to normal clothes or change from normal clothes to a
bathing suit in any public lavatory or toilet room in the city without obtaining
permission or consent from the owner or proprietor. Any person who violates the
provisions of this section shall be guilty of a class IV misdemeanor.
Sec. 6-4. Driving motor vehicles on boardwalk.
It shall be unlawful for any person to drive or otherwise to operate any
motor propelled vehicle, other than a wheelchair, upon the boardwalk along the
Atlantic Ocean; provided, however, that this shall not be construed to apply to
city employees on official business. Any person who violates the provisions of
this section shall be guilty of a class IV misdemeanor.
Sec. 6-5. Bicycles, etc., on boardwalk.
It shall be unlawful for any person to operate on the boardwalk along
the Atlantic Ocean at any time, any pedal-powered vehicle that is muscle powered,
having more than two wheels and any wheel diameter greater than twelve inches.
Any person who violates the provisions of this section shall be guilty of a class
IV misdemeanor.
Sec. 6-5.1. Solicitation or sale on boardwalk and adjacent area.
It shall be unlawful for any person to sell, solicit, take orders for or
rent any goods, wares, food, drink or any other merchandise upon the boardwalk or
the grassy lawn area adjacent thereto without having prior thereto obtained a permit
from the city manager.
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No pemit hereinabove referred to shall be issued unless the city
manager shall determine:
(a) That the sale or event will inure to the cultural and civic
bettement of the citizens of the city.
(b) That the applicant is a duly incorporated group, association or
organization under whose sponsorship and control the sale or event shall take place.
(c) That the public safety shall not be adversely affected.
Any person who violates the provisions of this section sha
a class IV misdemeanor.
Sec. 6-9.2. Sleeping on beaches.
It shall be unlawful for any person to sleep on any of the beaches within
the city between the hours of 8:00 p.m. and 8:00 a.m. Any person who violates the
provisions of this section shall be quilty of a class IV misdemeanor.
Sec. 6-25. Speed limit for operation of motor boats in specified places.
It shall be unlawful for any person operating any motor boat to pass under
any bridge or to operate any motor boat in any cove or confined waterway designated
on the plat attached hereto and made a part hereof, at such excessive speed as to
cause swells injurious to other boats or vessels or to bulkheads and shore lines.
No person shall be convicted of violating this section until appropriate signs
indicating the requirement for reduced speeds have been posted so as to give notice
thereof, and the city manager is hereby authorized to post such signs or buoys as
may be required by this section, and the city clerk is hereby directed to keep a
copy of such plat on file in his office available for public inspection during
normal office hours. Any person who violates the provisions of this section shall
be guilty of a class IV misdemeanor.
Sec. 6-33. Where surfing pemitted generally.
It shall be unlawful for any person to surf or to have a surfboard in the
city in the littoral waters of the Atlantic Ocean, except as permitted by this
section as follows:
(a) At the city recreation park, Little Island, at places and times as
designated by the director of parks and recreation.
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(b) South of Little Island Park to the state line, between sunrise and
sunset, subject to restrictions that may be imposed by the United States in the
area owned by it, and further subject to the provisions of section 6-22.
(c) In the area between the southern boundary of the United States Naval
Reservation, Dam Neck, and the northern line of Little Island Park, between the
hours of sunrise and sunset; except, that between May 15 and September 30, surfing
is not permitted between the hours of 10:00 a.m. and 5:00 p.m-
(d) In the areas north of the northern line of Camp Pendleton to the
southern boundary of Fort Story, between the hours of sunrise and sunset; except,
that between the period May 15 through September 30, surfing is not permitted between
the hours of 10:00 a.m. and 5:00 p.m. Surfing is permitted in the area one hundred
feet north of the centerline of 3rd Street prolongated eastward extending one
hundred feet north of the centerline of 5th Street prolongated eastward and in the
area eight hundred feet south of the southern jetty of Rudee Inlet and in the area
north of Virginia Beach Steel Fishing Pier for a distance of two hundred fifty feet
between sunrise and sunset.
Any person who violates the provisions of this section
a class IV misdemeanor.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 22
day of st 1977.
ITEM #11204
On motion by Councilman Ferrell, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Sections 5-17, 5-18, 5-23, and 5-43 of Chapter 5 of the
Code of the City of Virginia Beach, Virginia pertaining to Animals
and Fowl:
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AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
5-17, 5-18, 5-23, 5-35 AND 5-43 OF CHAPTER
5 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO ANIMALS AND FOWL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 5-17, 5-18, 5-23, 5-35 and 5-43 of Chapter 5 of the Code
of the City of Virginia Beach, Virginia, are hereby amended and reordained as follows:
Sec. 5-17. Dogs not wearing tags.
Any dog not wearing a collar bearing a license tag of the proper calendar
year shall, prima facie, be deemed to be unlicensed and in any proceeding under this
division, the burden of proof of the fact that such dog has been licensed or is
otherwise not required to wear a tag at the time, shall be on the owner of the dog.
Any person who violates the provisions of this section shall be guilty of a class
IV misdemeanor.
Sec. 5-18. Securing by false statement.
Any person who shall make a false statement in order to secure a dog
permit to which he is not entitled shall be guilty of a class IV misdemeanor.
Sec. 5-23. Attachment of vaccination tag to dog's collar.
A vaccination tag shall be fi mly attached to the dog's collar and shall
be worn at all times when the dog is not on the property of the owner or custodian
of the dog or in the immediate control of some responsible person. son who
violates the provisions of this section shall be guilty of a class IV misdemeanor.
Sec. 5-35. Penalty for violation of section 5-30 generally.
In addition to impounding an animal found at large, the animal control
officer or police officer may issue to the known owner of such animal a summons.
Any person who violates the provisions of section 5-30 shall be quilty of a class
IV misdemeanor.
Sec. 5-43. Dogs on beaches.
(a) It shall be unlawful for any person owning, having control of or
harboring any dog to cause, suffer or permit such dog to be on the public sand
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beaches during the period from May 15 through September 30 of each year, such
period hereinafter called the "season," except in a residential district where
such dog may be permitted on the public sand beaches in the custody or under the
control of a responsible person during the season between 7:00 p.m. and 9:00 a.m.
the following day.
(b) Any person owning, having control of or harboring a dog shall not
cause, suffer or allow such dog to litter the public sand beaches at any time
during the season or otherwise. In the event such dog shall defecate on the public
sand beaches at any time, the person owning, having control of or harboring such
dog shall immediately remove from the public sand beaches all feces deposited
thereon by such dog and dispose of same in a sanitary manner approved by the health
department, such as by encasing same in an airtight wrapper or container and placing
same in a garbage receptacle.
(c) Any person who violates shall be
)r.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22 _ day of 1977.
ITEM #11205
On motion by Councilman McCoy, seconded by Councilman Griffin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend Section
2-7 of the Code of the City of Virginia Beach, Virginia, relating to
Regular Council Meet@s; When and Where Held:
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Requested by: City nmager
AN OIMINMCE To AMM SBCTION 2-7 OF
THE ODDE OF THE CITY OF VIRGINIA BEACH,
V==, @TED TO @ CC)UNCIL
; WHM AND WHERE HELD
BE IT CRDA= BY THE COUNCIL CF THE CIIY OF VI@INIA BEACH,
@INIA:
Regular n-eetings of the Council shall be held in the Administration
Building, YRmicipal Center, Virginia Beach, Virginia, on the first, second,
th3.rd and fourth Yjondays of each mnth at one o'clock P.M., unless such
date shall fall upon a legal holiday, in which case the @ting will be held
on the next succeeding day which is not a holiday and at the sam hour except
as otherwise provided by special resolution of the Council. However, there
shall be no regular Council @ting the last two of July of each year.
This ordinance shall be effective frcrn date of adoption.
Adopted by the Oc)uncil of the City of Virginia Beach on the 22
day of August 1977.
ITEM #11-@06
On motion by Vice Melyor Standing, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to cancel the Council Meeting of September 6, 1977,
which is a substitute meeting for September 5, 1977 (Legal Holiday).
ITEM #11207
The City Manager informed Council that on Wednesday, Thursday, and
Friday of this week (August 22, 1977) he and the Department Heads
will be attending a Supervisory Training Pro.-ram.
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ITEM #11208
On motion by Councilman Griffin, seconded by Vice Alayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to accept the resignation of Mr. J, D, Blankenship
from the Group Ilomes Board, and appoint Judge Thomas Betz to fill the
unexpired term of Mr. Blankenship.
ITEM #11209
On motion by Councilman Ferrell, seconded by Councilman Baum, and
by unanimous vote, the meeting adjourned.
Rlchard J. bbon, City Cler-k Mayor Clarence A. Holland, M.D-
City of Virginia Beach,
Virginia
August 22, 1977
d
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