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Home My WebLink AboutOCTOBER 26, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District i REBA S. McClANAN, Rose Hall - District 3 RiCHARD A. MADDOX, Beach - District 6 JiM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WiLSON, At-Large .JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CiTY MANAGER - JAMES K. SPORE CiTY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMiTH, MMC 26 OCTOBER 2004 I. CITY MANAGER'S BRIEFING Conference Room A. FIRST CLASS RESORT Charles Meyer, Chief Operating Officer Steve Thompson, Chief Financial Officer II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 3:00PM IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Christopher Brown Pastor, East Coast Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 12,2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. FY 2005 CAPITAL BUDGET AMENDMENT $2,250,000 - Little Neck Point Sewer Improvements I. PUBLIC COMMENT 1. OLD BEACH DISTRICT MASTER PLAN J. CONSENT AGENDA K. ORDINANCES 1. Ordinance to APPROPRIATE $2,250,000 Water and Sewer Fund retained earnings to Capital Project "Little Neck Point Sewer Improvements". 2. Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and other Wheeled Devices: a. REPEAL ~~ 6-9 through 6-11 and REENACT same in Chapter 7 M. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL PARKS and RECREA nON COMMISSION TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - August 2004 P. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** Agenda IO/26/04st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 26,2004 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re FIRST CLASS RESORT in the Council Conference Room, City Hall, on Tuesday, October 26, 2004, at 3:00 P.M Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Absent: None - 2- MA YOR 'S COMMENTS ITEM # 53133 Mayor Oberndorf displayed the Certificate recognizing the Clean Community and Parks and Landscape Services. This certification recognized the 13,116 Volunteers, contributing 27,904 volunteer hours, translating into 13.4 FTEs (Full Time Employees) for the Fiscal Year FY 2003-2004. Savings in Personnel costs to the City of Virginia Beach equates to $415,624.00 and was presented to the Mayor at the Clean Community's Annual Recognition Breakfast on Friday, October 22,2004, October 26. 2004 - 3- CITY MANAGER'S BRIEFING FIRST CLASS RESORT 3:00 P.M. ITEM # 53134 The City Manager advised the Briefing relative the First Class Resort is an opportunity for the City Council and the Staff to discuss one of the top priorities identified during the City Council Retreat (August 5 and 6, 2004): Identify specific problems at the Resort and develop action plans to handle. The City Manager cited examples of resort improvements over the last fifteen to twenty years: Streetscape project, Atlantic Avenue Beautification and side streets, Boardwalk project, Big Beach, I1h and 25th Street Park, 31'/ Street Project and Parking Deck, 19'h Street Parking Deck, new Rudee Inlet Bridge and the Jetty. All of these projects are tied together in terms of the Oceanfront Resort Area Concept Plan adopted by City Council on June 28, 2004. The City Manager introduced Charles Meyer, Chief Operating Officer, who proposed ideas relative achieving a First Class Resort. Charles Meyer, Chief Operating Officer, advised his Executive Assistant, Angela McRae, will be distributing his notes "Developing a First Class Resort, A Work in Progress - A Commitment to Focus, Hard Work and Funding". Said information is hereby made a part of the record. Mr. Meyer requested the City Council assist in clarifying the goal of a "first class resort". A First Class Resort would be a safe, fun and inviting environment for all ages all year 'round. There would be quality hotels, shops and restaurants adding excitement and activity with a variety that would appeal to almost any background or taste. There would also be year-round entertainment within convenient walking distance to the Convention Center and resort hotels. It would be a fun destination for the Summer tourists, an attractive location for conventions, home for thousands of new and current neighborhood residents and a year-round destination for the Virginia Beach region for shopping, dining, entertainment and employment. Critical to the success of the Resort is to start with an ocean possessing, a clean, broad beach next to the boardwalk and pathways all open to the public. The ocean side of Atlantic Avenue would continue to be primarily hotels with a broad range of quality lodging and dining from four star to modest, including convention quality, facilities. High quality architecture would be emphasized in order to complement the views of the ocean. Some residential would be mixed-in but as a secondary use. The west side of Atlantic Avenue could redevelop to a higher density than at present to consist of a blend of uses including retail, restaurant, some lodging and entertainment at the street level with some residential mixed in, probably at the upper level of buildings. These buildings would be of a smaller scale than the hotels in order to begin to step-down building height and intensity as you move toward the neighborhood. Parking would need to be accommodated in this block. Pacific Avene would ratchet down in intensity a bit more with buildings more in the 2- to 4-story range and while continuing to be mixed in use would start to have a heavier emphasis on residential. From Arctic Avenue West the emphasis would be on a quieter, stronger residential neighborhood, primarily single family in nature that would reflect it's beach cottage traditions while benefittingfrom being in an active urban resort environment. Because this neighborhood is so impacted by huge volumes of tourist activity in the Summer, it will continue to require high levels of service in order to mitigate those impacts. Exceptions would be the links at 19'h Street and Virginia Beach Boulevard Corridor to the Convention Center and the Laskin Gateway area, which extend further west and would be more fixed use in nature. Planning is well underway for the Laskin Road Gateway, the 19'h Street Corridor and Rudee Loop. Other projects are in implementation, including the Convention Center, Old Beach neighborhood improvements and the 31'/ Street Hotel and Park. However, there is no such effort in the core area of the Resort between Atlantic and Pacific Avenues from I1h to 25/h Streets. This area has seen little investment and has usually been the focal point of problems. There needs to be an effort to promote redevelopment in the core that is similar to the efforts for Laskin Road, 19'h Street Corridor and Rudee Loop. Even these projects will require considerable investment of time and money to actually implement. These projects require dealing with multiple owners, acquisition of property for public improvements and negotiation of development agreements that leverage any public investment to the maximum. October 26,2004 -4- CITY MANAGER'S BRIEFING FIRST CLASS RESORT ITEM # 53134 (Continued) The nature of business activities in the Resort is changing. Business groups are discussing how to change their product so that they can appeal to a market that will include convention business, visitors to four-star hotels and residents in and around Virginia Beach that could come to the resort year-round if the right mix exists. This exciting business opportunity is also very challenging. One of the greatest business assets of the Resort and one of the reasons to visit has always been locally owned and operated businesses that provide a product unique to Virginia Beach. When high levels of new business investment occur, local businesses could get displaced. Mr. Meyer met with the Oceanfront Enhancements Committee this morning, October 26, 2004, and discussed the method to change the area, creating a First Class Resort and keeping the local flavor, without driving out the small businesses because of price increases. As properties are bought and redeveloped, local businesses can be displaced and not relocate. It will be necessary to phase any redevelopment to accommodate existing business and to develop both interim and long term strategies. Additional entertainment venues are needed to serve the more year-round guests to the Resort and also extend Summer visits. From the SOM study, the City is being encouraged to have multiple enclosed locations for entertainment, as well as continuing ongoing review of the Dome site for theater-type entertainment. As higher quality hotel rooms are added to the current mix, it may result in the need to upgrade the existing hotel product. The City should seize the opportunity for high quality architecture and better integration of hotels into the pocket parks, pedestrian ways, transportation and streetscape. The current atmosphere in the Resort area, especially late at night, is not conducive to supporting the changes that are underway. The City will need to support those businesses that are working to upgrade the product and discourage the concentration of incompatible uses. Traffic currently is a deterrent to accomplishing a First Class Resort. Traffic has to be handled in such a way that it serves the multiple, and sometimes conflicting, functions of moving through traffic North and South while at the same time providing convenient and visible access to businesses. A one-way pairing system has been long proposed and should be implemented in order to accomplish the primary purpose of keeping traffic moving through the Resort and also enhancing the functioning of Bus Rapid Transit. Atlantic Avenue would carry vehicular traffic in a one-way pattern that while traveling at a modest speed would move through steadily. One lane would be protected for bus rapid transit that would move through with such speed, consistency and convenience that it would be the preferred method for moving within the Resort area. Ideally, functions, such as drop-offs and pickups, car valet service, deliveries, loading and unloading of buses, taxi service and potentially non-motorized vehicles could be accommodated on Atlantic Avenue. Pacific Avenue would operate in the same manner in a Southerly direction. The one-way split would likely occur at 9'h Street. Laskin Road and 30th Street should operate with the same type of one-way pairing. Businesses here raise raise legitimate concerns that one-way paring could impair business visibility and needs to be weighed against a gridlock level of congestion that impairs all business activity. Birdneck Road should be developed as a bypass for traffic from the south that does not need to pass through the Resort. Plans are underway to develop this bypass to evaluate other impacts of one-way traffic in the Resort. The Bus Rapid Transit system would greatly enhance the ease with which visitors could move around the Resort and help to reduce congestion. Additionally, it would serve the Convention Center as an enhancement to convention sales and the use of Oceanfront hotels for convention attendees. The Resort is primarily a drive-to destination so there needs to be a coordinated system of public parking linked to convenient transit and pedestrian access. The parking plan should be based on treating the Resort as a single cohesive entity with access that is convenient to visitors, residents and businesses with a rate system that supports the larger objectives and is also acceptable. This will probably, over time, require parking decks and garages, in addition to the facilities at 9'h and 3]'1 Streets, at the Dome Site, Convention Center, 4th and 25th Streets. Parking will also have to better serve the needs of hotels and restaurants for valet parking. Private surface lots, serving the needs of adjoining businesses, need to complement the street edge with appropriate landscaping and architectural enhancements. October 26, 2004 -5- CITY MANAGER'S BRIEFING FIRST CLASS RESORT ITEM # 53134 (Continued) It will take a coordinated and concentrated effort from staff to undertake the land use planning financing strategies, infrastructure improvements, land acquisition, transit planning, negotiating land use agreements, meeting with property owners, businesses and affected residents about impacts and effects and a myriad of other activities. A staff team, Chaired by David Sullivan - Chief Information Officer, would undertake this challenge. David played a similar role in assuming overall responsibility for the Mohammed trial. His temporary assignment would be to begin work on implementation and to prepare a Transition Plan to a more permanent structure to be discussed as part of the FY 2005-2006 budget deliberation. The team would consist of persons assigned to long range planning as well as site specific planning, redevelopment, real estate specialist, legal, public facility engineering and financial support . Staff currently working on resort related issues would support the team. Several contracted specialists working on planning, transit, traffic, et cetera and the Resort Team would co-ordinate those efforts. Several groups i.e. Resort Advisory Commission have requested creation of a Resort Manager, as a full time position. This request has focused on coordination of efforts and activities of the City in the Resort. This Resort Team would not be serving that function. The Resort Team's mission would be to initiate all efforts needed to accomplish the First Class Resort, not to maintain it. Accomplishing the goal of a First Class Resort area will require substantial public and private investment. Encouraging private investment occurs by first and foremost creating the kind of environment where investors want to develop and in which businesses can thrive. The City needs to be very clear on the kind of development that is supported by conducting public process, preparing overall plans, aligning regulatory requirements to those plans and determine what, if any, financial incentives might be considered. Those steps would reduce the up-front time required for developers and provides incentive to proposed development consistent with the overall plan. Public financing of improvements should serve the overall end of accomplishing a First Class resort and, as much as possible. be generated within the Resort. Many mechanisms already exist to support the effort, but it is important to point out there can never be enough money to publicly finance everything that needs to be done. Therefore, it is necessary to leverage public financing as far as possible, if the City wishes to accomplish the overall end. Mr. Meyer referenced the three (3) primary potential funding sources: Tax Increment Financing (TIF), Business Improvement Districts (BID), and Tourism Growth and Investment Fund (TGIF). With the promise of two new high quality hotels, a world class Convention Center, tourism that continues to grow, unprecedented neighborhood investment and a strong interest by existing businesses to upgrade their product to appeal to a year-round business climate, which could attract approximately I-mllion visitors plus local area residents to the Resort, the City must ask if this is not the time to act to overcome the considerable obstacles and create a First Class Resort. Councilman Wood suggested private sector involvement and appointment of a Resort Manager. Councilman Wood urged participation with infrastructure, regional parkingfacilities for the area to allow buildings to be built which would attract national retailers. The City needs to market this property. The City Manager advised the City must be clear concerning the vision. The larger investors are looking for the confidence that the City has a specific vision larger in order to be assured their funds are secure. The biggest drawback the City will have is the ability to assemble sites. Councilman Maddox advised a unified comprehensive approach has been the missing element. Councilman Maddox concurred with the concept of having three (3) or four (4) strategic tenants (i.e. Margaritaville) on Atlantic Avenue and then tenants would wish to locate near them. October 26, 2004 - 6- CITY MANA GER 'S BRIEFING FIRST CLASS RESORT ITEM # 53134 (Continued) Councilman Schmidt inquired if the Resort is made a Tax Increment Financing (TIF), wjat wpi;d be the impact on the rest of the City. Mr. Meyer advised the City staff is working on a financial model and is in mid- stream in this process. The Resort area represents 3% of the City's total tax base. Relative the Tourism Growth and Investment Fund (TGIF), Councilman Schmidt believes the City is in an investment mode with this fund and are there other projects coming on line to free up cash flow? The City Manager advised the Amphitheater will be fully paidfor in approximately two (2) years. This was a $10- MILLION City investment with $7-MILLION in private funds. Mr. Meyer advised the City is not taking in any new investment; therefore, the TGIF has reached a point re the maximum levels of debt service. If no other investments are made, the balance in the TGIF will grow. Steve Thompson, Chief Financial Officer, advised the new Convention Center is being paid for primarily from the hotel tax and the major projects stream. The extra tax for the Convention Center and the Performing Arts Theatre does not go through the TGIF fund, but through the major projects stream. Councilman Villanueva inquired re the boundaries of the Resort area. Mr. Meyer advised in creating a taxingjurisdiction, the boundaries would be defined rather narrowly. However, the whole area impact would be to the Virginia Aquarium. Council Members Villanueva and Maddox participate in the Advertising Advisory Board, which provide excellent marketing of the Resort to increase tourism. One missing component is marketing the City's residents. One of the key focuses of establishing a First Class Resort area is addressing behavioral issues. The area between 17h and 25th Street (Entertainment district) is always a concernfor this City. Council Lady McClanan expressed concern relative cost not being delineated re the 19th Street Corridor Plan. Council Lady McClanan wished to be advised which projects are public and which are private. Council Lady McClanan is concerned the Members who served on the 19h Street Committee will not be able to participate in the projects and requested a Resolution be drafted. The City Attorney advised it is a matter of interpretation whether the person would have a conflict. The Resolution would state the City Attorney would advise members of the Committee relative Conflict of Interest matters. Mr. Meyer believes behavioral problems are the symptom of the lack of a First Class Resort. The Resort should not be re police enforcement or behavioral problems but should be about people having a good time in a safe environment whether the middle of the day or late at night. Vice Mayor Jones believed a specific marketing plan was necessary and was concerned re the implementation of this broad perspective. The SOM plan was impressive and had specific uses recommended for different sections of property along the way of the Corridor. Vice Mayor Jones inquired relative the City's commitment re types of development occurring along the Corridor, if within the State laws methods to ensure the properties identified are developed in the manner the City Council wishes them developed and if further development can be controlled. Mr. Meyer advised the Resort Team would review all aspects as well as very site-specific planning and develop outlines re the development of a particular parcel. October 26,2004 - 7- CITY MANAGER'S BRIEFING FIRST CLASS RESORT ITEM # 53134 (Continued) The City Attorney advised existing uses are "grandfathered". Zoning can be modified. If the City Council desires to control future development, the traditional method would be to purchase the property and assign deed restrictions (control usage) or via public/private partnerships joining with the developer to jointly acquire the property and incentivise redevelopment in a manner the City wishes redevelopment to occur. Mayor Oberndorf referenced and complimented the Virginia Musical Theater's production, the Big River this past weekend (October 22, 23 and 24). This fabulous entertainment paralleled Broadway productions. There was incredible response from the audience. The City needs to build on making sure this Resort is a more desirable destination. Mayor Oberndorf referenced the positive events at the Oceanfront as the Susan G. Komen Walk in recognition of Breast Cancer and the dog walk for the SPCA. Mr. Meyer shall provide requested information to City Council andform the Resort Team. October 26,2004 -8- AGE N DA REV I E W S E S S ION 4:40 P.M. ITEM # 53135 ORDINANCES K.1. Ordinance to APPROPRIATE $2,250,000 Water and Sewer Fund retained earnings to Capital Project "Little Neck Point Sewer Improvements Council Lady McClanan expressed concern and requested assurance the the Windsor Wood project be completed. Councilman Wood advised King's Grant paving has not been completed either. Tom Leahy, Water Resources - Public Utilities, advised re Windsor Woods that the contractor had rehabilitated the sewers and patched the roads from the resulting open cuts. There is one section ofline that will be rehabilitated when the sewer pump station is rehabilitated. Mr. Leahy will advise re the completion of the King's Grant and Windsor Wood's paving. Councilman Reeve requested information concerning prioritization of funds concerning repaving. At the present time, General Booth Boulevard is being repaved; although this road is in good shape. In other portions of the City, roads are in disrepair and are not repaved. ITEM # 53136 K. 2. Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and other Wheeled Devices: a. REPEAL ~~ 6-9 through 6-11 and REENACT same in Chapter 7 b. AMEND Chapter 7 re definitions, age, other requirements for use and violations c. AMEND ~~ 21-2, 21-231, 21-237, 21-259, 21-312,21- 440.2 and 21-464 re duplicate provisions; add low-speed vehicles, parking of wheeled devices and licensing at DMV d. AMEND ~~ 27-24 and 27-25 re disposal of bicycles and other lost wheeled property Associate City Attorney Vanessa Valldejuli advised during City Council's October 12, 2004, City Council Session, City Council specifically requested roller blades and roller skates be allowed on the sidewalks in the Resort area and that this verbiage be added to the document. This change was not made in City Council's agenda document. Associate City Attorney Vanessa Valldejuli distributed the AMENDED Matrix "Classification of Wheeled Devices" and Substitute Page 37 of the Ordinance to AMEND Chapter 7, and referenced Line 891: "However, the use of roller blades and roller skates is permitted. " Associate City Attorney Valldejuli advised requests can be made to designate a street as "golf cart accessible". This rule is noted on Page 44 of the subject ordinance, Section 7-65 and 7-66. October 26,2004 -9- AGE N DA REV I E W S E S S ION ITEM # 53137 K. 4. Ordinances to A CCEPT from the Department of Justice and APPROPRIATE to the FY 2004-05 Budgets of the Commonwealth's Attorney and the Police Department: a. $99,901 re prosecution of gun crime b. $944,668 re prosecution of domestic violence cases Commonwealth's Attorney Harvey Bryant advised re K. 4.b., October 7, 2004 was the Twentieth Anniversary of Samaritan House. The City was given this grant in recognition of their long standing support of Samaritan House. The City averages 2,200 misdemeanor domestic violence cases per year. This year, there will be approximately 2,400 cases. ITEM # 53138 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: K.1. Ordinance to APPROPRIATE $2,250,000 Water and Sewer Fund retained earnings to Capital Project "Little Neck Point Sewer Improvements ". K. 2. * Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and other Wheeled Devices: a. REPEAL 99 6-9 through 6-11 and REENACT same in Chapter 7 b. AMEND Chapter 7 re definitions, age, other requirements for use and violations c. AMEND 99 21-2, 21-231, 21-237, 21-259, 21-312,21- 440.2 and 21-464 re duplicate provisions; add low-speed vehicles, parking of wheeled devices and licensing at DMV d. AMEND 99 27-24 and 27-25 re disposal of bicycles and other lost wheeled property K.3. Ordinance to APPROPRIATE $155,122 EXCESS Community Development Block Grant (CDBG) funds, $88,085 HOME Investment Partnership Program income earned in FY 2003-2004 and TRANSFER $633,786 in CDBG and $190,927 in HOME funding within the Department of Housing and Neighborhood Preservation FY 2004-05 Operating Budget. K. 4. Ordinances to A CCEPT from the Department of Justice and APPROPRIATE to the FY 2004-05 Budgets of the Commonwealth's Attorney and the Police Department: a. $ 99,901 re prosecution of gun crime b. $944,668 re prosecution of domestic violence cases *Item K2, ADOPTED, AS REVISED (Line 891), BY CONSENT. October 26, 2004 - 10- AGENDA RE VIE W SESSION ITEM # 53139 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING L.1. Application of GREGORY F. and CHRISTIE L. HARRIS for discontinuance. closure and abandonment of a portion of an alley and incorporate this area into their lot at 809 Vanderbilt Avenue south of Maryland Avenue. (DISTRICT 6 - BEACH) L.2. Application of SUNKIST FARRELLI (ASH}for replacement of a Nonconforming Use Duplex at 305 26lh Street. (DISTRICT 6 - BEACH) L.3. Applications ofO.B.F.P., INC. at 700 South Birdneck Road. (DISTRICT 6 - BEACH) a. MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council on June 23, 1986 in behalf of Aqua Sports, Inc.) to remove the rezoned area at the entrance into Ocean Breeze Festival Park b. Chanf!e of Zoninf! District Classification from A-12 Apartment to 1-1 Light Industrial re Office Park c. Conditional Use Permit for a bulk storage yard for recreational vehicles and boats L.4. Application of FUNCTIONAL DEFENSIVE CONCEPTS, lNG., dba LINXX ACADEMY for a Chanf!e of Zoninf! from 0-2 Office to Conditional B-2 Community Business re Martial Arts School at 1320 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) Re Item L. 3a/ble, Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act S 2.2-3115 (H) relative 0 B F P, Inc. 's application. Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to 0 B F P, Inc. (Ocean Breeze Fun Park, Inc.) and E.S.G.. Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc. Her husband does not personally provide services to 0 B F P, Inc. or E.S. G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to 0. B. F. P., Inc. or E. S. G. Enterprises, Inc., she may participate without restriction in City Council's discussion and vote. October 26, 2004 -11 - CITY COUNCIL COMMENTS 5:04 P.M. ITEM # 53140 Mayor Oberndorf advised the decorated pumpkins were "Fall Greetings for a Bountiful Harvest" from the Friends in Agriculture and the Virginia Beach Farmer's Market. ITEM # 53141 Councilman Wood referenced citizen concerns re the crew clubs utilizing the Great Neck Park. Councilman Wood has requested Cindy Curtis, Director - Parks and Recreation, to compile information concerning this item for the City Council's Agenda package for Tuesday, November 2, 2004.. ITEM # 53142 Council Lady Wilson referenced request for the day after Thanksgiving, November 26, 2004, to be considered a Holiday. The City Manager referenced his e-mail and information forwarded. Providing two (2) flexible days appeared to be best for the majority of the City employees. Providing ''flex days" in addition to our scheduled Holidays keeps the City competitive with the number of Holidays provided by surrounding localities, while providing the flexibility the City employees desire, ITEM # 53143 Council Members requested the Note Books be re-instituted re the Closed Session. Tablets and pencils are again to be provided to City Council. October 26, 2004 - 12- ITEM # 53144 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A) (1). Appointments: To Wit: Appointments: Boards and Commissions: Bicycle and Trails Advisory Committee Community Services Board Historical Review Board Minority Business Council Parks and Recreation Commission Review and Allocation Committee (COG) Towing Advisory Board Virginia Beach Performing Arts Theatre Advisory Committee PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly-held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Police Firing Range PUBLIC CONTRACT: Discussion or consideration bya responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excluded from this chapter pursuant to Section 2.2-3705(A)(56) AND discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body. Police Firing Range Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (5:10 P.M.). October 26, 2004 -13 - ITEM # 53144 (Continued) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 5:10 - 5:45 P.M.) (Dinner: 5:45 P.M. - 6:00 P.M.) October 26,2004 - 14- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 26,2004 6:06 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 26, 2004, at 6:06 P,M Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION- Reverend Christopher Brown Pastor, East Coast Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict, If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. October 26, 2004 - 15 - Item V-E.1. CERTIFICATION OF CLOSED SESSION ITEM # 53145 Upon motion by Councilman Dyer, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None October 26,2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in # ITEM # 53144, page 12, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOL YED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~ City Clerk October 26, 2004 - 16- Item V-F.1. MINUTES ITEM # 53146 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of Octo her 12,2004. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 26, 2004 Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 17- ITEM # 53147 AGENDA FOR THE FORMAL SESSION October 26,2004 -18 - Item V-H.I. PUBLIC HEARING ITEM # 53148 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 2005 CAPITAL BUDGET AMENDMENT $2,250,000 - Little Neck Point Sewer Improvements The following registered to speak in SUPPORT: Eileen Seeley, 3727 Lynnjield Drive, Phone: 463-5959, represented the Little Neck Cove Civic League Ruth Jackson Mashburn, 1380 West Little Neck Road, Phone: 463-0120 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING, October 26,2004 - 19- Item V-H.2. PUBLIC COMMENT ITEM # 53149 Mayor Oberndorf INVITED PUBLIC COMMENT: The following registered to speak: Tyrone Rickey, 5091!Jh Street and 509A and B l!Jh Street, Phone: 418-3069, was OPPOSED as the Plan would take his property. Barbara Yates, 318, 24th Street, Phone: 428-8052, owner - Angie's Guest Cottage Bed and Breakfast and Hostel for twenty-six (26) years,former Officer - Resort Leadership Council and Hotel/Motel Association, registered in SUPPORT Barbara Clark, 4111(Jh Street, Phone: 332-3567, registered in SUPPORT Scott Seeley, 412 20th Street, Phone: 425-1761, was OPPOSED to the Plan and the taking of property Thea Schwartz, 2222 Arctic Avenue, Phone: 491-0842, registered in SUPPORT Mary Anne Nixon, 607 1 (Jh Street, Phone: 428-4277, President - Resort Beach Civic League, served on the Old Beach Master Plan Committee, registered in SUPPORT Michael Johnson, 612/202 Shoreham Court, Phone: 348-1531, representing the Shoreham Square Condo Association, registered in SUPPORT John Louis Caddy, 4621 Twain Lane, Phone: 464-4134, since 1920 family has been owners of property, was concerned if his property will be taken. Michael Standing, Jr. 540 Southside, Phone: 437-0301, owner of property on l!Jh Street Corridor, registered in SUPPORT Michael Barrett, 212 72nd Street, Member - Old Beach Master Plan Committee, registered in SUPPORT Sandy Jackson, 430 22nd Street, Phone: 425-0375, registered in SUPPORT Paul Vaiengo, 3102 Arctic Avenue, Phone:340-7613, owns property on Laskin Road Corridor, expressed concern relative taking of property Brian Kirwin, 304 Cripple Creek Court, Phone: 436-0399, expressed concern relative acquisition cost Sarah W. Rhodes, 1133 Carver Avenue, Phone: 963-6535, registered in OPPOSITION October 26, 2004 - 20- Item V-K.. ORDINANCES ITEM # 53150 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council APPROVED in ONE MOTION Ordinances 1,2 a/b/eld (AS REVISED), 3 and 4 a/b of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 - 21 - Item V-K.1. ORDINANCES ITEM # 53150 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva. City Council ADOPTED: Ordinance to APPROPRIATE $2,250,000 Water and Sewer Fund retained earnings to Capital Project "Little Neck Point Sewer Improvements" Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 1 AN ORDINANCE TO APPROPRIATE $2,250,000 OF 2 WATER AND SEWER FUND RETAINED EARNINGS TO 3 CAPITAL PROJECT #6-030, "LITTLE NECK POINT 4 SEWER IMPROVEMENTS - 51% PROGRAM" 5 WHEREAS, based on bid costs for construction of the sanitary 6 sewer pipeline work for the Little Neck Point Sewer project, an 7 additional $2,250,000 must be appropriated to CIP project #6-030, 8 "Little Neck Point Sewer Improvements - 51% Program" to cover the 9 additional construction costs. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $2,250,000 of Retained Earnings in the Water and Sewer 13 Fund is hereby appropriated to CIP project #6-030, "Little Neck 14 Point Sewer Improvements - 51% Program" in the FY 2004-05 Capital 15 Budget, with estimated revenue increased accordingly. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the 26th day of October , 2004. Approved as to Content: APPROVED AS TO LEGAL SUFFICIENCY: JJ~Q. ~- ~J:t!t"" .~ City Attorne Offlce' CA9390 H/ords/Little Neck Sewer October 29, 2004 R-2 ~ u (l) .~ o ;... ~ ~d :tJ IJ ~ s (l) \ ;:> ~ 8 '0- S ~ ;... (l) ~ (l) rf1 ~ ~ ...... a rf1 ~ ...... o ~ ~ u (l) Z (l) - t:: ...... ~ ~ o ~ ~ o M o I \0 ~ ~ u Clj"' (l) ;... < NOTICE OF PUBLIC HEARING Amendment of FY 2005Capital Budget Appropriation Ordinance: Appropriation of $2,250,000 for Capital Project #6-030 Little Neck Point Sewer Improvements - 51 % Program On October 26, 2004, the Council of the City of Virginia Beach, Virginia will hold a public hearing on an amendment to the FY 2005 Capital Budget. The proposed supplemental appropriation of $2,250,000 for Little Neck Point Sewer Improvements - 51 % Program (CIP #6-030) is needed to complete the project to provide sanitary sewer to replace failing septic systems in the Little Neck peninsula, north of Michaelwood Drive, and prevent future health hazards. The additional costs will be funded through an appropriation from the Water and Sewer Fund Retained Earnings and will not require an increase in water or sanitary sewer rates. The public hearing will be conducted at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. A copy of the proposed amendment shall be available in the City Clerk's office for review. Interested persons may appear at such time and place and present their views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's Office at 427 -4303. If you are physically disabled or hearing or visually impaired and need assistance at this meeting, please call 427- 4305 Voice/TDD. Ruth Hodges Smith, MMC Note: 1. Advertisement to appear in the Beacon on: Sunday October 17, 2004 2. Cost of public notice to be charged to project #6-030. - 22- Item V-K.2.a/b/c/d ORDINANCES ITEM # 53151 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED, AS REVISED * Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and other Wheeled Devices: REPEAL 99 6-9 through 6-11 and REENACT same in Chapter 7 AMEND Chapter 7 re definitions, age, other requirements for use and violations AMEND 99 21-2,21-231,21-237,21-259,21-312,21-440.2 and 21-464 re duplicate provisions; add low-speed vehicles, parking of wheeled devices and licensing at DMV AMEND 99 27-24 and 27-25 re disposal of bicycles and other lost wheeled property *Associate City Attorney Vanessa Valldejuli distributed an AMENDED Matrix "Classification of Wheeled Devices" and Substitute Page 3 7 of the Ordinance to AMEND Chapter 7, and referenced REVISED Line 891: "However, the use of roller blades and roller skates is permitted. " Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CITY CODE BY REPEALING CITY CODE SECTIONS 6-9, 6-10 AND 6-11 PERTAINING TO RIDING BICYCLES, ELECTRIC POWER-ASSISTED BICYCLES AND OTHER PEDAL- POWERED VEHICLES ON THE BOARDWALK, GRASSY AREA, BICYCLE PATH, OCEANFRONT PARKS AND PLAZAS, AND SIDEWALKS ADJACENT THERETO That Sections 6-9,6-10 and 6-11 of the City Code are hereby repealed. 13 ARTICLE I. IN GENERAL 14 15 Sec. 6 9. Riding bicycles, electric power assisted bicycles and other pedal 16 po-wered ',ehicles on boardwalk. (Reserved) 17 (3) It sh311 be unl3vJful for any person to operate any bicycle or electric power 18 3ssisted bicycles upon the b03rd\.\'3Ik 310ng the /\tl3ntic Oce3n 3t 3ny time where the 19 city h3s design3ted 3 bicycle p3th 3dj3cent to the b03rdwalk. 20 (b) It shall be unl3'N:ful for 3ny person to oper3te on the b03rd'Nalk along the 21 ,^.tI3ntic Oce3n 3t any time 3ny ped31 pO'l.'ered vehicle that is muscle powered, h3ving 22 more than t\vo (2) wheels 3nd 3ny wheel di3meter gro3ter th3n t\velve (12) inches. 23 (c) The prohibitions set f{)rth heroin sh311 not be 3pplicable to city employees 24 on offici3/ business, or to employees of the franchisee 3uthorized to perform Iifegu3rd 25 services, or employees of 3ny other fr3nchisee or permittee 3uthorized to provide 26 boardw31k services, provided such employees 3ro on duty 3nd the provision of such 27 services requires the use of a bicycle, electric power 3ssisted bicycle or 3ny ped31 28 po'.".'ered vehicle that is muscle pm.verod 3nd has more th3n t\vo (2) 'Nheels 3nd 3ny 29 wheel di3moter gro3ter th3n t\velve (12) inches. 30 Sec. 6 10. Use of roller skates, roller blades, skateboards, scooters, etc., 31 on boardwalk or grassy area, bicycle path, oceanfront parks and plazas, public 32 restrooms, and side'Nalks adjacent thereto. (Reserved) 33 (a) It shall be unla'.vful at any time fur any person to use a skateboard or any 34 similar device in the area from, and including, the sidewalk on the 'Nest side of Pacific 35 Avenue to the Atlantic Ocean, between Rudee Inlet and 42nd Stroet. 36 (b) It shall be unla'.vful at any time for any person to use roller skates, roller 37 blades, a scooter or any similar device on wheels or runners on the grassy aroa 38 adjacent to the boardwalk, or on the bicycle path, oceanfront parks and plazas, public 39 rostrooms, and sidewalks adjacent thereto at any time. 40 (c) During the period from 6:00 p.m. on the Friday before Memorial Day to 41 6:00 p.m. on Labor Day, it shall be unlawful for any person to use roller skates, roller 42 blades, a scooter or any similar device on wheels or runners on any sidewalk along and 43 east of Pacific Avenue from Rudee Inlet to ~2nd Street, or to use a scooter on the 44 board'Nalk. 45 (d) It shall be unla'Nful for any person to use roller skates, roller blades, a 46 skateboard, a scooter or any similar device on wheels or runners, 'Nhether such use is 47 permitted or not, recklessly or at a speed faster than is reasonably proper, or in a 48 manner so as to interf-oro 'Nith pedestrkms or to endanger the Iif-e, limb or property of the 49 rider or any other person. 50 (e) The provisions of this section shall not be applicable to the use of 51 'Nheelchairs fur the transportation of disabled persons or the use of baby carriages, 52 strollers or related modes of transportation for inf-ants. 2 53 (f) For purposes of this section, a "scooter" is a device having t'.vo (2) or more 54 wheels, a platform on which the rider stands, and a steering mechanism such as 55 handlebars. 56 Sec. 6 11. Driving motor '!ehicles on board~....alk or grassy area, bicycle 57 path, oceanfront parks and plazas, and sidev:alks adjacent thereto. (Reserved) 58 It shall be unlawful for any person to drive or othen.vise operate any motor 59 propelled vehicle, including mopeds, other than a wheelchair, upon the boardwalk or the 60 grassy area, bicycle path, oceanfront parks and plazas, and sidewalks adjacent thereto 61 along the Atlantic Ocean. This section shall not apply to city employees on official 62 business or to employees of the franchisees authorized to provide lifeguard services, or 63 franchisees authorized to provide other board\valk services, while on duty, or 'Nhen 64 authorization is granted by the city manager or his designee for city sponsored special 65 events. 66 Adopted by the Council of the City of Virginia Beach, Virginia on the 26TH day of 67 October, 2004. 3 1 2 3 AN ORDINANCE TO AMEND CHAPTER 7 OF THE CITY 4 CODE PERTAINING TO BICYCLES AND OTHER WHEELED 5 DEVICES BY AMENDING SECTIONS 7-1 THROUGH 7-11, 6 7-21 THROUGH 7-25, 7-29 THROUGH 7-31,7-46 THROUGH 7 7-59,7-60 THROUGH 7-63, BY ADDING SECTIONS 7-32, 8 7-51.2, 7-51.3, 7-52.2, 7-59.1 THROUGH 7-59.4, 7-64, 7-65 9 THROUGH 7-68 AND BY RESERVING SECTIONS 7-23 AND 10 7 -69 THROUGH 7-70 11 12 SECTIONS AMENDED: 997-1 through 7-11,7-21 through 13 7-25,7-29 through 7-31, 7-46 through 7-59, 7-60 14 through 7-63 15 16 SECTIONS ADDED: 997-32,7-51.2,7-51.3,7-52.2,7-59.1 through 17 7-59.4,7-64, ARTICLE IV Regulation of Golf Carts (7-65 through 7-68), 18 SECTIONS RESERVED (7-23 and 7-69 through 7-70 Reserved) 19 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 That Chapter 7 of the City Code is hereby amended and reordained, to read as 25 follows: 26 Chapter 7 BICYCLES AND OTHER WHEELED DEVICES 27 ARTICLE I. IN GENERAL 28 Sec. 7-1. Definitions. 29 For the purposes of this ch3pter Chapter, the following words shall have the 30 meanings ascribed to them in this section Section, unless clearly indicated to the contrary: 31 All-terrain vehicle: A three-wheeled or a four-wheeled motor vehicle powered bva 32 qasoline or diesel enqine and qenerallv characterized bv larqe. low-pressured tires. a seat 1 33 desiqned to be straddled by the operator. and handlebars for steerinq, that is intended for 34 oft-road use by an individual rider on various types of unpaved terrain. This term does not 35 include four-wheeled vehicles that have low centers of qravity and are typically used in 36 racino and on relatively level surfaces. commonly known as "qo-carts," nor does the term 3 7 include any "farm utility vehicle" as defined in Section 46.2 of the Code of Virqinia. Except 38 as otherwise provided in this Chapter. for the purposes of this Chapter. all-terrain vehicles 3 9 shall be deemed to be motorcycles. 40 Bicycle: A device propelled solely by human power, upon which a person may ride 41 either on or astride a regular seat attached thereto, having two (2) or more wheels in 42 tandem, including children's bicycles,l except a toy intended for use by young children. A 43 bicycle shall be a vehicle while operated on the highway. 44 Electric personal assistive mobility device: A self-balancinq two-nontandem- 45 wheeled device that is desiqned to transport only one (1) person and powered by an 46 electric propulsion system that limits the device's maximum speed to fifteen (15) miles per 47 hour or less. The term includes. but is not limited to. Seaways and similar devices. An 48 electric personal assistive mobility device shall be a vehicle when operated on the hiqhway. 49 Electric power-assisted bicycle: A bicycle equipped with an electric motor that 50 reduces the pedal effort reauired of the rider, but does not eliminate the rider's need to 51 pedal. An electric power-assisted bicycle shall be a vehicle when operated on a highway. 52 Electric-powered wheeled device: Any wheeled device powered by an electric motor 53 or battery, which is capable of beino self-propelled or desioned for self-propulsion and 54 produces speeds UP to a maximum of thirty (30) miles per hour. For purposes of this 55 Chapter. an electric-powered wheeled device shall not include qolf carts. low-speed 56 vehicles. wheelchairs or wheelchair conveyances as defined in this Chapter. but shall 2 57 include wheeled devices such as "Razors," electric seated scooters. electric-powered mini 58 choppers. electric-powered ao-peds and similar devices. For purposes of this Chapter. an 59 electric-powered wheeled device shall be a vehicle while operated on a hiahway and 60 subiect to the same laws and restrictions as electric power-assisted bicycles. 61 Gas-powered wheeled device: Any wheeled device powered by aas or any similar 62 type fuel. which is capable of beina self-propelled or desianed for self-propulsion, and 63 produces speeds UP to a maximum of thirty (30) miles per hour. For purposes of this 64 Chapter. a aas-powered wheeled device shall include devices such as aas-powered pocket 65 bikes. aas-powered seated scooters. oas-powered mini choppers, aas-powered ao-peds 66 and similar devices. For purposes of this Chapter, a aas-powered wheeled device shall be 67 a vehicle while operated on a hiahway and subiect to the same laws and restrictions as 68 mopeds. 69 Golf cart: A self-propelled vehicle that is desioned to transport persons plavina aolf 70 and their equipment on a aolf course. 71 Highway: The entire width between the boundary lines of every way or place of 72 whatever nature open to the use of the public for purposes of vehicular travel in this eity 73 City, including the streets, alleys and publicly maintained parking lots in the eity City. 74 Low-speed vehicle: Any four-wheeled electrically-powered vehicle, except a motor 75 vehicle or low-speed vehicle that is used exclusivelv for aaricultural or horticultural 76 purposes or a aolf cart. whose maximum speed is areater than twenty (20) miles per hour. 77 but not areater than twenty-five (25) miles per hour and is manufactured to comply with 78 safety standards contained in Title 49 of the Code and Federal Reaulations. &571.500. 79 Moped: A conveyance that is either (i) a bicycle-like device with pedals and a helper 80 motor which is rated at no more than two (2) brake horsepower and which produces 3 81 speeds up to a maximum of thirty (30) miles per hour or (ii) a motorcycle with an engine 82 displacement of fifty (50) cubic centimeters or less and a maximum speed of less than 83 thirty (30) miles per hour. 84 Resort Area: The area, from and includinq, the sidewalk on the west side of Pacific 85 Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street. 86 Resort Season: The time period from May 1st throuqh September 30th. 87 Ridina: This term is used interchanqeably throuqhout this Chapter with the term 8 8 "operation". 8 9 Surrey: A four-wheeled pedal-powered vehicle capable of seatina two (2) or more persons. 90 Vehicle: Every device in, upon or by which any person or property is or may be 91 transported or drawn upon a highway; except devices moved by human power or used 92 exclusively upon stationary rails or tracks. 93 Wheelchair or wheelchair conveyance: A chair or seat equipped with wheels, 94 typically used to provide mobility for persons who, by reason of physical disability. are 95 otherwise unable to move about as pedestrians. The term includes both three-wheeled 96 and four-wheeled devices. So lona as it is operated as provided in Virqinia Code &46.2- 97 677, a self-propelled wheelchair or self-propelled wheelchair conveyance shall not be 98 considered a vehicle. 99 100 101 Sec. 7-2. Violations of chapter Chapter generally. 102 Except as otherwise specifically provided, any person who shall violate any provision 103 of this chapter Chapter shall be guilty of a Class 4 misdemeanor. 104 Sec. 7-3. Inspections. 4 105 A police officer may, at any time, upon reasonable cause to believe that a bicycle, . 106 electric personal assistive mobility device, electric power-assisted bicycle, electric-powered 107 wheeled device. qas-powered wheeled device. qolf cart. low-speed vehicle. surrey or 108 moped is unsafe and not equipped as required by this ch3pter Chapter or that the 109 equipment is not in proper adjustment or repair, may require the person riding the bicycle, 110 electric power 3ssisted bicycle or moped such wheeled device or vehicle to stop and 111 submit the bicycle, electric power 3ssisted bicycle or moped wheeled device or vehicle to 112 an inspection and such test with reference thereto as may be appropriate. 113 114 ARTICLE II. POSSESSION. SALE. RENTAL AND REGISTRATION OF WHEELED 115 DEVICES 116 Sec. 7-4. Violations of Article. 11 7 Unless otherwise specificallv provided. a violation of anv provision of this 118 Article II shall constitute a Class 3 misdemeanor. 119 Sec. +-4 7-5. Removing, altering, etc. identification numbers. 120 It shall be unlawful for any person to remove, change, alter or mutilate the frame 121 number of any bicycle, electric personal assistive mobility device. electric power-assisted 122 bicycle. electric-powered wheeled device. qas-powered wheeled device, Qolf cart. low- 123 speed vehicle. surrey or moped fr3mo number. 124 125 Sec. +-5 7-6. Dealer not to sell bicycle, electric personal assistive mobilitv device, 126 electric power-assisted bicycle, electric-powered wheeled device, aas-powered 127 wheeled device, aolf cart. low-speed vehicle, surrey or moped without an 128 identification number. 5 129 No person engaged in the business of selling bicycles, electric personal assistive 130 mobility devices. electric power-assisted bicycles. electric-powered wheeled devices. aas- 131 powered wheeled devices. aolf carts. low-speed vehicles. surreys or mopeds at retail shall 132 sell any bicyclo, electric pmver Dssistod bicycle or mopod, such wheeled device or vehicle 133 unless the bicyclo or moped wheeled device or vehicle has an identifying number 134 permanently stamped or cast on its frame. 135 136 Sec. +-SA 7-6.1. Stickers required on mopeds and aas-powered wheeled devices. 137 Any dealer who sells at retail and any person who offers for rent or lease any moped 138 or aas-powered wheeled device shall affix to any such moped or aas-powered wheeled 139 device, or verify that there is affixed, a permanent decal or sticker which states: 140 (1) That the operation of mopeds or aas-powered wheeled devices on highways 141 and public vehicular areas by persons under the age of sixteen (16) is prohibited by 142 Virginia law, 143 (2) The maximum horsepower of the moped or aas-powered wheeled device, 144 and 145 (3) The maximum speed at which the moped or aas-powered wheeled device 146 may be ridden. 147 Any dealer who sells and any person who offers for rent or lease any such moped or 148 aas-powered wheeled device which does not have affixed thereto such a permanent decal 149 or sticker or who sells a motorcycle with such a sticker or decal attached thereto, indicating 150 that its motor is rated at no more than two (2) brake horsepower producing only ordinary 151 speeds up to a maximum of thirty (30) miles per hour, shall be guilty of a Class 1 152 misdemeanor. 6 153 . 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 Sec. +-6 7 -7. Record to be kept by dealers in secondhand bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, electric-powered wheeled devices, (las-powered wheeled devices, qolf carts, low-speed vehicles, surreys or mopeds. Every person engaged in the business of buying, selling, exchanging or trading in used or secondhand bicycles, electric personal assistive mobilitv devices, electric power- assisted bicycles. electric-powered wheeled devices. Qas-powered wheeled devices. Qolf carts. low-speed vehicles. surreys or mopeds shall keep a record of all such transactions, including the make and frame number, and the name and address of the person from whom purchased or acquired orto whom sold and delivered, as the case may be, or each bicycle, electric po'....er assisted bicycle or moped such wheeled device or vehicle purchased, sold or exchanged. Such records shall be open for police inspection. Sec. '1-7 7-8. Dealers not to purchase secondhand bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, electric-powered wheeled devices, (las-powered wheeled devices, qolf carts, low-speed vehicles, surreys or mopeds from minors. It shall be unlawful for any person engaged in the business of buying, selling, exchanging or trading in used or secondhand bicycles. electric personal assistive mobilitv devices. electric power-assisted bicycles. electric-powered wheeled devices. Qas-powered wheeled devices, Qolf carts. low-speed vehicles. surreys or mopeds, to purchase any such secondhand bicycle or moped wheeled device or vehicle from a person under eighteen (18) years of age. 7 177 . 178 Sec. 7 8. Disposition of unclaimed bicycles, electric power assisted bicycles or 1 7 9 mopeds in custody of police department. 180 The disposition of unclaimed bicycles, electric pmver assisted bicycles or mopeds in 181 the custody of the police department shall be in accordance with tho provisions of article II 182 of chapter 27 of this Code. 183 Sec. 7-9. Rental agencies to comply with equipment requirements; advertising 184 prohibitions. 185 18 6 No rental agency i or other establishment shall rent or offer for rent any bicycle~ 187 electric personal assistive mobility device. electric power-assisted bicycle. electric-powered 188 wheeled device. qas-powered wheeled device. qolf cart. low-speed vehicle, surrey or 189 moped, for rent unless the bicycle or moped such wheeled device or vehicle is equipped 190 with all safety equipment required by this chapter, Chapter. nor shall any No such agency 191 or establishment shall rent or offer to rent any bicycle such wheeled device or vehicle which 192 displays any signage or other advertising matter for use on the Boardwalk or bicycle path 193 east of Atlantic Avenue except for one (1) sign not exceeding one (1) square foot in area 194 and displaying only the name and location of the rental agency or establishment. 195 196 Sec. 7-10. Sign! required at moped rental agencies. 197 A. Mopeds or Gas-powered wheeled devices. 198 Each owner of a business intended intendinq to rent or lease mopeds or qas- 199 powered wheeled devices to the public shall post a clearly legible sign in a prominent place 200 on his premises where such sign will be seen and read by a reasonably observant 201 customer. Such sign shall contain the following information: 8 202 . 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 (1 ) Operators Mt;ISt must be sixteen (16) years or older to opor3te moped. (2) Valid identification is required of all customers. (3) Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. (4) Riding is prohibited on the Boardwalk, and the adiacent arassy area and bicycle path, oceanfront parks and plazas, the beach~ aR9 all City sidewalks~ (5) Ridina is prohibited on Atlantic Avenue from May 1 st throuah September 30th. B. Low-Speed Vehicles. Each owner of a business intendina to rent or lease low-speed vehicles to the public shall post a clearly leaible sian in a prominent place on his premises where such sian will be seen and read by a reasonably observant customer. Such sian shall contain the followina information: ill Operators must be sixteen (16) years or older to operate. m Valid driver's license is reauired of all customers. @} Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. ffi Operation is prohibited on the Boardwalk and the adiacent arassy area and bicvcle path. oceanfront parks and plazas. the beach, and all sidewalks. C. Electric Personal Assistive Mobility Devices. Electric Power-Assisted Bicvcles, and Electric-Powered Wheeled Devices. Each owner of a business intendina to rent or lease electric personal assistive mobility devices, electric power-assisted bicycles and electric-powered wheeled devices to the public shall post a clearly leaible sian in a prominent place on his premises where such 9 siqn will be seen and read bv a reasonablv observant customer. Such siQn shall contain the followinq information: ill Operator must be fourteen (14) years or older unless under the immediate supervision of a person who is at least eighteen (18) years old. m Valid identification is required of all customers. @.) Customers must be familiar with and obey traffic laws. Violations will be prosecuted bv police. ffi Ridinq is prohibited on the Boardwalk and adiacent qrassv area and bicvcle path. oceanfront parks and plazas. the beach and all sidewalks in the Resort Area. @ RidinQ is prohibited on Atlantic Avenue from Mav 1 st throuqh September 30th . 226 . 227 228 229 230 231 232 233 234 235 236 237 238 Sec. 7-11. Restrictions on renting mopeds, aas-powered wheeled devices, low- 239 speed vehicles, electric personal assistive mobilitv devices, electric power-assisted 240 bicvcles or electric-powered wheeled devices. 241 It shall be unlawful for an owner, manager, operator or employee of a business 242 enqaqed in the rental of mopeds. qas-powered wheeled devices. low-speed vehicles, 243 electric personal assistive mobility devices. electric power-assisted bicvcles or electric 244 powered- wheeled devices rent:)1 business to: 245 (1) Lease or rent a moped, qas-powered wheeled device or low-speed vehicle to 246 any person under sixteen (16) years of age. 247 (2) Lease or rent, or offer to lease or rent, a moped or qas-powered wheeled 248 device which produces speeds in excess of thirty (30) miles per hour on a level surface. 10 249 . 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 (3) Lease or rent. or offer to lease or rent. a low-speed vehicle which produces speeds in excess of twenty-five (25) miles per hour on a level surface. {4}, Lease. rent. offer to lease or rent an electric personal assistive mobility device. electric power-assisted bicycle or electric-powered wheeled device to any person under fourteen (14) years old unless such person is under the immediate supervision of a person who is at least eiohteen (18) years of aoe. @ Require or accept as security or surety any operator's license, military identification card or other permit or pass issued by any state or federal agency. ARTICLE II. REGISTRATION Sec. 7-21. Authority to Reaister. Anyone may register a bicycle, electric personal assistive mobility device, electric power-assisted bicycle. electric-powered wheeled device. oas-powered wheeled device or moped in the Gity City as provided in this articlo Article. Sec. 7-22. Application. (a) The registration of bicycles, electric personal assistive mobility devices, electric power-assisted bicycles. electric-powered wheeled devices. oas-powered wheeled devices or mopeds shall be upon written application therefore made to the treasurer Treasurer of the Gity City, on forms provided for that purpose. (b) All persons engaged in the business of selling bicycles, electric personal assistive mobility devices, electric power-assisted bicycles. electric-powered wheeled devices. oas-powered wheeled devices or mopeds shall have application forms or 11 272 registration available to all persons buying bicycles, electric power assisted bicycles or 273 mopods such wheeled devices or vehicles. 274 275 Sec. 7 23. Proof of o'::nership of bicycle, electric po'::er assisted bicycle or moped if 276 frame number illegible. 277 It shall be unbvaul for any person to remove, change, alter or mutilate any bicycle, 278 electric power assisted bicycle or moped frame number. 279 Sec. 7-23. Reserved. 280 281 Sec. 7-24. Fee. 282 The fee for registration of a bicycle, electric personal assistive mobility device, 283 electric power-assisted bicycle. electric-powered wheeled device. qas-powered wheeled 284 device or moped under this ~lrticle Article shall be one dollar ($1.00), which fee shall be 285 paid to the sity City treasurer Treasurer at the time of such registration. 286 287 Sec. 7-25. Issuance of card and decal. 288 ,(g) Upon proper application and the payment of the registration fee provided for 289 in this article Article, the treasurer Treasurer of the sity City shall issue to such applicant a 290 bicycle, electric personal assistive mobilitv device. electric power-assisted bicycle. electric- 291 powered wheeled device. qas-powered wheeled device or moped registration card and a 292 decal, to be affixed to the bicycle or moped, such wheeled device or vehicle. bearing the 293 registration number assigned to the bicycle, electric power assisted bicycle or moped 294 wheeled device or vehicle and the name of the sity City. 12 295 illl Handic:Jpped Disabled applicants desirinq to use an electric personal 296 assistive mobility device. power-assisted bicycle or an electric or qas-powered seated 297 scooter (excludinq mopeds. mini choppers and pocket bikes or similar devices) in lieu of a 298 wheelchair or wheel chair conveyance as a mode of transportation. shall so indicate on the 299 application form and a special plateJ, ef tag or adhesive decal for the handic:Jppod disabled 300 shall be issued upon proper application and payment of the prescribed fee. 301 1m No person shall be required to reqister or obtain any plate. taq or decal or pay 302 any reqistration fee for any self-propelled wheelchair or self-propelled wheelchair 303 conveyance provided it is: 304 .L. Operated by a person who is capable of operatinq it properly and 305 safely but who. by reason of physical disability. is otherwise unable to move about as a 306 pedestrian: and 307 2. Not operated on any hiqhway or street in the City except to the extent 308 necessary to cross the street or hiqhway. 309 310 Sec. 7-29. Replacement of mutilated, lost or stolen decal. 311 When any decal issued under this :Jrticlo Article is badly mutilated. lost, stolen or 312 misplaced and cannot be found, upon presentation to the treasurer Treasurer of the 6ity 313 City of satisfactory evidence of such fact and proof of ownership, together with payment of 314 a fee of twenty-five cents ($0.25), the treasurer Treasurer shall issue another decal and 315 shall change the registration of the bicycle, electric personal assistive mobility device. 316 electric power-assisted bicycle. electric-powered wheeled device. aas-powered wheeled 31 7 device or moped in question accordingly. 318 13 319 Sec. 7-30. Records to be kept. 320 The treasuror Treasurer of the Gity City shall maintain a complete record of all 321 bicycles, electric personal assistive mobility devices. electric power-assisted bicyclesJ, 322 electric-powered wheeled devices, aas-powered wheeled devices or mopeds registered 323 pursuant to this article Article, showing the name, address and phone number of such 324 bicycle, olectric power assistod bicyclo or moped, wheeled device or vehicle. the number of 325 the decal issued therefore and a record of all fees collected by him under this 3rticle 326 Article. 327 328 Sec. 7-31. Disposition of fees. 329 Fees collected under this article Article shall be used for the purpose of defraying 330 the costs and expenses incident with the registration of bicycles, electric personal assistive 331 mobilitv devices. electric power-assisted bicycles. electric-powered wheeled devices. aas- 332 powered wheeled devices or mopeds and for carrying out the provisions of this ch3ptor 333 Chapter. 334 335 Sec. 7-32. Disposition of unclaimed bicycles. electric personal assistive mobility 336 devices. electric power-assisted bicycles. electric-powered wheeled devices. aas- 337 powered wheeled devices. aolf carts or mopeds in custody of police department. 338 The disposition of unclaimed bicycles. electric personal assistive mobility devices. 339 electric power-assisted bicycles. electric-powered wheeled devices. aas-powered wheeled 340 devices. !:Jolf carts. low-speed vehicles. surreys or mopeds in the custody of the police 341 Police Department shall be in accordance with the provisions of Article II of Chapter 27 of 342 this Code. 14 343 344 ARTICLE III. EQUIPMENT AND OPERATING RULES 345 Sec. 7-46. Violations of article Article. 346 Unless otherwise specificallv provided. A g, violation of any provision of this 3rticle Article III 347 shall constitute a traffic infraction and, unless otherv.'ise specific311y providod, shall be 348 punishable by a fine of not more than one hundred dollars ($100.00). 349 350 Sec. 7-47. Lights and reflectors. 351 (a) Every bicycle, electric personal assistive mobility device, electric power- 352 assisted bicycle. electric-powered wheeled device. Qas-powered wheeled device and 353 moped when in use between sunset and sunrise shall be equipped with a lamp on the front 354 which shall emit a white light visible in clear weather from a distance of at least five 355 hundred (500) feet to the front and with a red reflector on the rear of a type approved by 356 the superintondont Superintendent of the State Police which shall be visible from aU 357 distances in cloar w03thor from fifty (60) feet to throo hundred (300) foot of six hundred 358 (600) feet to the rear when directly in front of lawful upper lower beams of headlamps on a 359 motor vehicle. !\ lamp omitting :3 rod light visible in c103r v.'oathor from a distanco of five 360 hundred (600) f-eot to tho roar may bo used in liou of or in addition to tho red refloctor. 361 (b) Every bicycle, electric personal assistive mobilitv device, electric power- 362 assisted bicycle. electric-powered wheeled device. Qas-powered wheeled device and 363 moped when in use between sunset and sunrise shall be equipped with reflective material 364 of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet, 365 when directly in front of lawful lower beams of headlamps of a motor vehicle, or in lieu of 15 366 such reflective material, with a lighted lamp visible from both sides from a distance of at 367 least five hundred (500) feet. 368 369 Sec. 7-48. Brakes. 370 .@.1 Every bicycle, electric power-assisted bicycle. electric-powered wheeled 371 device. aas-powered wheeled device and moped when operated upon a highway shall be 372 equipped with a brake which will enable the operator to make the braked wheels skid on 373 dry, level, clean pavement. 374 !Q1 Every electric personal assistive mobility device. when operated on a 375 hiahway. shall be eauipped with a system that. when activated or enaaaed. will enable the 376 operator to brina the device to a controlled stoP. 377 Sec. 7 49. Mopeds not to be operated by persons under sixteen; speed limit. 378 ta} Mopods sh311 not be oper3tod upon any highw3Y or public vohicular area of 379 tho city (i) bstor th:m thirty (30) milos por hour or (ii) by :my porson under tho ogo of 380 sixteon (16) years. 3 81 ~ Evory person driving 0 moped shall corry with him somo form of idontific3tion 382 th3t includes his namo, oddress 3nd dato of birth. 383 ~ Viol3tion of 3ny provision of this soction shall constituto 0 troffic infraction 384 punishoblo by 3 fino of no more than fifty doll3rs ($50.00). 385 386 Sec. 7-49. Safetv eQuipment reQuired, moped and gas-powered wheeled device 387 operators and passengers. 388 .@.1 Every person operatina a moped or a aas-powered wheeled device on a 389 public street or hiqhway of the City shall wear a face shield. safety alasses or aoqqles 16 390 approved by the Superintendent of State Police, or shall have his moped or qas-powered 391 wheeled device equipped with safety qlass or a windshield at all times while operatinq such 392 vehicle: and any operator and any passenqers thereon. if any. shall wear protective 393 helmets of a type approved bY the Superintendent of the State Police. 394 illl Any person who knowinqly violates this Section shall be Quilty of a traffic 395 infraction and shall be subiect to a fine of not more than fifty dollars ($50.00). 396 397 Sec. 7-50. Helmets reauired for riders of bicvcles. electric personal assistive 398 mobility devices. electric power-assisted bicvcles and electric-powered wheeled 399 devices fourteen years of aae or vounaer. 400 {g} Every person fourteen (14) years or younqer shall be required to wear a 401 protective helmet which meets the standards promulqated by the Consumer Product Safety 402 Commission Standards whenever ridinQ or beinQ carried on a bicycle. electric personal 403 assistive mobility device. electric power-assisted bicycle or electric-powered wheeled 404 device on any hiQhway. street. sidewalk or bicycle path. 405 illl A violation of any provision of this Section shall be punishable by fine of 406 twenty-five dollars ($25.00). However. with respect to any person ridinQ or beinq carried on 407 a bicycle. electric personal assistive mobilitv device. electric-powered-assisted bicycle or 408 electric-powered wheeled device. such fine shall be suspended (i) for first-time violators or 409 Oi) for any violator who. subsequent to the violation but prior to imposition of the fine, 410 purchases a helmet of the type required by this Section. 411 412 Sec. +-49 7-51. Mopeds and aas-powered wheeled devices not to be operated by 413 persons under sixteen; speed limit: identification and sticker reauired; penaltv. 17 414 (a) Mopeds Neither mopeds nor qas-powered wheeled devices shall flat be 415 operated upon any highway or public vehicular area of the Gity City (i) faster than thirty (30) 416 miles per hour or (ii) by any person under the age of sixteen (16) years. 417 (b) Every person driving a moped or a gas-powered wheeled device shall carry 418 with him some form of identification that includes his name, address and date of birth. 419 (Q) It shall be unlawful for any person to operate a moped or a qas-powered 420 wheeled device which does not have affixed thereto a permanent decal or sticker which 421 states: 422 ill that the operation of the mopeds or qas-powered wheeled devices on 423 hiqhways and public vehicular area by person under the aqe of sixteen (16) is prohibited by 424 Vir<linia law: 425 0 the maximum horsepower of the moped or <las-powered wheeled 426 device; and 427 (~ the maximum speed at which the moped or qas-powered wheeled 428 device may be ridden. 429 t6) (Q} A violation of any provision of this section Section shall constitute a traffic 430 infraction punishable by a fine of no more than fifty dollars ($50.00). 431 432 Sec. 7 49.1 7 -51.1. Special provisions for electric personal assistive mobilitv 433 devices, electric power-assisted bicycles, and electric-powered wheeled devices. 434 @) All electric personal assistive mobility devices. electric power-assisted 435 bicycles. and electric-powered wheeled devices shall be equipped with spill-proof. sealed. 436 or gel batteries. No person shall at any time or at any location drive an electric personal 18 437 assistive mobility device. electric-assisted bicycle or electric-powered wheeled device faster 438 than twenty-five (25) miles per hour. 439 !!ll No person less than fourteen (14) years old shall drive any electric personal 440 assistive mobilitv device, electric power-assisted bicycle or electric-powered wheeled 441 device unless under the immediate supervision of a person who is at least eighteen (18) 442 years old. 443 1m An electric personal assistive mobilitv device may be operated on any 444 highway with a maximum speed of twenty-five (25) miles per hour or less. 445 446 Sec. 7-51.2. Special provisions for low-speed vehicles. 447 @} Every low-speed vehicle operated upon a hiahwav shall be eauipped with 448 head liahts. brake Iiahts. tail Iiahts. reflex reflectors. an emeraencv or parkina brake. an 449 externallv mounted rearview mirror. an internallv mounted rearview mirror. a windshield. 450 one or more windshield wipers. a speedometer. an odometer. brakina for each wheel. a 451 safety belt system. and a vehicle identification number. 452 ,(Q) Low-speed vehicles may be operated on public hiahwavs where the 453 maximum speed is no areater than thirty-five (35) miles per hour. but this limitation shall 454 not prohibit the operation of low-speed vehicles across intersections with hiahwavs whose 455 maximum speed limits are areater than thirty-five (35) miles per hour. 456 1m Low-speed vehicles shall be operated on public hiahwavs on Iv bv persons 457 who hold driver's licenses or learner's permits issued as provided in Virainia Code &46.2- 4 5 8 300 et sea. 19 459 @ Low-speed vehicles shall be titled and reQistered as provided in VirQinia Code 460 946.2-600 et seQ. and shall be subiect to the same requirements as to insurance 461 applicable to other motor vehicles under that Chapter. 4 62 ~ The operator of any low-speed vehicle beinQ operated on the hiQhwavs shall 463 have in his possession: (i) the reQistration card issued bv the Department of Motor 464 Vehicles or the reQistration card issued bv the state or country in which the low-speed 465 vehicle is reqistered. and (ij) his driver's license, learner's permit. or temporary driver's 466 license. 467 468 Sec. 7-51.3. Special provisions for all-terrain vehicles. 469 @1 No all-terrain vehicle shall be operated: 470 ill On any public highway. or other public property. except (i) as 471 authorized bv the City ManaQer or his authorized desiQnee (ij) to the extent necessary to 472 cross a public hiQhwav bv the most direct route. or (iij) bv law-enforcement officers, 473 firefiQhters. or rescue squad personnel respondinQ to emerQencies; 474 @ Bv any person under the aQe of 16. except that children between the 475 aQes of twelve (12) and sixteen (16) may operate all-terrain vehicles powered bv enQines of 476 no less than seventy (70) nor more than ninety (90) cubic centimeters displacement; 477 ill Bv anv person unless he is wearinq a protective helmet of a tvpe 478 approved bv the Superintendent of the State Police for use bv motorcvcle operators: 479 ffi On another person's property without the written consent of the owner 480 of the property or as explicitlv authorized bv law: or 481 @ With a passenQer at any time. unless such all-terrain vehicle is 482 desiQned and equipped to be operated with more than one rider. 20 483 !Q1 Any retailer sellinq any all-terrain vehicle shall affix thereto. or verify that there 484 is affixed thereto. a decal or sticker. approved by the Superintendent of the State Police. 485 which clearly and completely states the prohibition contained in Subsection (a) of this 486 Section. 487 !Q} Violation of any provision of this Section shall be punishable by a civil penalty 488 of not more than five hundred dollars ($500,00).. 48 9 @ The provisions of the this Section shall not apply: 490 ill To any all-terrain vehicle beinq used in coniunction with farminq 4 91 activities: and 4 92 !2) To members of the household or employees of the owner or lessee of 493 private property on which the all-terrain vehicle is operated. 494 495 Sec. 1-$0 7-52. Reaulations pertainina to Riding ridina bicycles, electric personal 4 9 6 assistive mobility devices. electric power-assisted bicycles. electric-powered 497 wheeled devices. aas-powered wheeled devices and mopeds on roadways ami 498 bicycle paths. 499 (a) Any person operating a bicycle, electric personal assistive mobility device. 500 electric power-assisted bicycle. electric-powered wheeled device. qas-powered wheeled 501 device or moped upon a roadway at less than the normal speed of traffic at the time and 502 place under conditions then existinq shall ride as close as practicable to the right hand curb 503 or edge of the roadway, except under any of the following circumstances: 504 (1) When overtaking and passing any vehicle proceeding in the same 505 direction; 21 506 (2) When preparing for a left turn at an intersection or into a private road 507 or driveway; and 508 (3) When reasonably necessary to avoid conditions including, but not 509 limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, 510 surface hazards, or substandard width lanes that make it unsafe to continue along the 511 right hand curb or edge. For purposes of this section Section, a "substandard width lane" is 512 a lane too narrow for a bicycle, electric personal assistive mobility device. electric power- 513 assisted bicycle, electric-powered wheeled device. qas-powered wheeled device or moped 514 and another vehicle to pass safely side by side within the lane. 515 ffi When avoidinq ridinq in a lane that must turn or diverqe to the riqht; 516 and 51 7 @ When ridinq upon a one-way road or hiqhway a person may also ride 518 as near the left-hand curb or edqe of such roadway as safely practicable. 519 (b) Persons riding bicycles. electric personal assistive mobility devices or electric 520 power-assisted bicycles upon a highway shall not ride two (2) or more abreast except on 521 paths or parts of highways set aside for the exclusive use of bicycles. Persons ridinq two 522 abreast shall not impede the normal and reasonable movement of traffic. shall move into a 523 sinqle file formation as quickly as is practicable when beinq overtaken from the rear by a 524 faster movinq vehicle. and on a laned roadway. shall ride in a sinqle line. 525 (c) The Gity City m:mager Manaqer may designate a lane for the exclusive use of 526 bicycles, electric personal assistive mobility devices. electric power-assisted bicycles, 527 electric-powered wheeled devices. qas-powered wheeled devices and mopeds. 1\ motor 528 vehiclo may enter or cross this lane for the purpose of access to adjacent property, but a 529 motor vehicle shall not be drivon or parked in this lane. 22 530 (d) Notwithstanding the foregoing provisions, during the period of April 15 531 through September 30, it shall be unla'."Iful for any person to operate Resort Season, the 532 provisions of Section 7-59.3 of this Chapter shall apply to the operation of an electric 533 personal assistive mobility device, electric power-assisted bicycle, electric-powered 534 wheeled device, a moped or a qas-powered wheeled device on Atlantic Avenue, or a four 535 wheeled bicycle on Atlantic Avenue, Pacific Avenue, or side streets east of Pacific Avenue, 536 from Rudee I nlet to '12nd Street. 53 7 ~ The provisions of subsection (d) of this section shall not be applicablo to (i) 538 ~my police offioer or other city employeo operating a moped in the performance of official 539 duties, (ii) any person operating a moped for the pu rpose of traveling to or from his or her 540 place of employment 'Ji3 the most direct route, or (iii) ~my person walking (but not riding) a 541 rental moped or four ':Jheoled bioycle from the business at which it 'J.'as rented to an area 542 '....here its operation is permissible, and from any such area back to such business, via tho 543 most direct route. 544 545 Sec. 7 50.1 Sec. 7-52.1. OvertakinQ and passinQ vehicles. 546 (a) A person riding a bicycle, electric personal assistive mobilitv device, electric 547 power-assisted bicycle. electric-powered wheeled device. qas-powered wheeled device, or 548 moped may overtake and pass another vehicle on either the left or right side, staying in the 549 same lane as the overtaken vehicle, or changing to a different lane, or riding off the 550 roadway as necessary to pass with safety. 551 (b) A person riding a bicycle. electric personal assistive mobility device. electric 552 power-assisted bicycle. electric-powered wheeled device. qas-powered wheeled device or 23 553 moped may overtake and pass another vehicle only under conditions which permit the 554 movement to be made with safety. 555 (c) A person riding a bicycle, electric personal assistive mobilitv device. electric 556 power-assisted bicycle. electric-powered wheeled device. aas-powered wheeled device or 557 moped shall not travel between two (2) lanes of traffic moving in the same direction, except 558 where one lane is a separate turn lane or a mandatory turn lane. 559 (d) Except as otherwise provided in this soction Section, a person riding a 560 bicycle, electric personal assistive mobilitv device. electric power-assisted bicycle. electric- 561 powered wheeled device. aas-powered wheeled device or moped shall comply with all 562 rules applicable to the driver of a motor vehicle when overtaking and passing. 563 564 Sec. 7-52.2. Left turns bv bicvcles, electric personal assistive mobility devices, 565 electric power-assisted bicvcles, electric-powered wheeled devices, aas-powered 566 wheeled devices and mopeds. 567 @.l A person ridina a bicvcle. electric personal assistive mobilitv device. electric 568 power-assisted bicvcle. electric-powered wheeled device. aas-powered wheeled device or 569 moped and intendina to turn left shall either follow a course described in Section 21-235 or 570 in Subsection (b) of this Section. 571 !Q1 A person ridina a bicvcle. electric personal assistive mobilitv device. electric 572 power-assisted bicvcle. electric-powered wheeled device. aas-powered wheeled device or 573 moped intendina to turn left shall approach the turn as close as practicable to the riaht curb 574 or edqe of the roadway. After proceedina across the intersectina roadway. the rider shall 575 comply with traffic sians or sianals and continue his turn as close as practicable to the riaht 576 curb or edae of the roadway beina entered. 24 577 19.1 Notwithstandinq the foreqoinq provisions, the City Manaqer may cause official 578 traffic-control devices to be placed at intersections. andtherebv require and direct that a 579 specific course be traveled bv turninq bicvcles, electric personal assistive mobilitv devices, 580 electric power-assisted bicvcles, electric-powered wheeled devices, qas-powered wheeled 581 devices and mopeds: and when such devices are so placed, no person shall turn a bicvcle, 582 electric personal assistive mobility device, electric power-assisted bicvcle, electric-powered 583 wheeled device, qas-powered wheeled device or moped other than as directed and 584 required bv such devices. 585 58 6 Sec. ~ 7-53. Applicability of traffic regulations to riders. 587 Every person riding a bicycle, electric personal assistive mobility device, electric 588 power-assisted bicycle, electric-powered wheeled device, qas-powered wheeled device. 589 low-speed vehicle or moped Hf**l on a highway within the corporate limits of the GUy City 590 shall be granted all the rights and shall be subject to all the duties and responsibilities 591 applicable to the driver of motor vehicles under the laws of the state State and the traffic 592 ordinances of the GUy City, except as to those provisions which, by their very nature, can 593 have no application. 594 Sec. 1-52 7-54. Compliance with traffic signals and police directions. 595 Every person riding a bicycle, electric personal assistive mobilitv device, electric 596 power-assisted bicycle, electric-powered wheeled device. qas-powered wheeled device, 597 low-speed vehicle or moped on any highway shall comply with all traffic signs, signals and 598 lights and with all directions by voice, hand or otherwise, given by a member of the polico 599 Police dop3rtment Department of the GUy City. 600 25 4 602 603 intending to turn left sh::lll follov: 0 course doscribed in section 21 235 or in subsection (b) 604 of this section. 605 ~ ^ person riding a bicycle, electric pO'Ner ::lssisted bicycle or moped intending 606 to turn left sh::lll approach tho turn as close as practic::lble to the right curb or edgo of the 607 road'N::lY. After proceeding ::lcross the intersecting roadway, the rider sholl comply with 608 traffic signs or signals ::lnd continue his turn os close as practic::lblo to the right curb or 609 edge of the road':J::lY being entered. 610 ~ Not\vithst::lnding the foregoing provisions, the state highway and 611 transportation commission and the city managor, in their respecti':o jurisdictions, may 612 cause official tr::lffic control devices to be pl::lced, and thereby require and direct that 0 613 specific course bo traveled by turning bicycles, eloctric power assisted bicycles and 614 mopeds; ::lnd v.'hen such devicec ore so pl:3ced, no person shall turn :3 bicycle, electric 615 power assisted bicycle or moped other than os directed and required by such devices. 616 617 618 Soc. 7 53. Use of seat required; carl)'ing excess passengers. 619 ~ ^ person propelling a bicycle, electric power assisted bicycle or moped shall 620 not ride other than upon or astride a permanent and regular seat attachment thereto. 621 ~ No bicycle, electric power assisted bicycle or moped shall be used to c:3rry 622 more persons ::It one time than the number for 'J.'hich it is designod and equipped. 623 26 623 624 Sec. 7-55. Turn signals Sianals. 625 .@1 Every operator of a bicycle. electric personal assistive mobility device, electric 626 power-assisted bicycle. electric-powered wheeled device. Qas-powered wheeled device or 627 moped who intends to back. stoP. turn. or partly turn from a direct line shall first see that 628 such movement can be made safely and. whenever the operation of any other vehicle may 629 be affected by such movement. shall Qive the sionals required in this Section plainly visible 630 to the driver of such other vehicle. of his intention to make such movement. 631 !Q.} A signal of intention to slow down. stoP. turn ~ or partly turn left, '.\'hon 632 requirod, shall be given continuously by a person riding a bicycle, electric personal 633 assistive mobility device. electric power-assisted bicycle, electric-powered wheeled device. 634 oas-powered wheeled device or moped,:, during not less th::m the 13st one hundred ( 635 Wherever the lawful speed is more than thirty-five (35) miles per hour. such sionals shall 636 be Qiven continuously for a distance of at least 100) feet.l. tr3veled by the bicycle, electric 637 power 3ssistod bicycle or moped before and in all other cases at least fifty (50) feet. before 638 slowinQ down. stoppino, turning, or partly turnino. and sh311 be given while the bicyclo, 639 electric pOII.'er 3ssisted bicycle, or moped is stopped w3iting to turn. A signal by hand and 640 arm need not be given continuously, if the hand is needed in the control or operation of the 641 bicycle, electric personal assistive mobility device. electric power-assisted bicycle, electric- 642 powered wheeled device. Qas-powered wheeled device. or moped. 643 !f.} Notwithstandino the foreooino provisions of this Section. a person 644 operatinQ a bicycle. electric personal assistive mobility device. electric power-assisted 645 bicycle. electric-powered wheeled device. oas-powered wheeled device or moped may 646 sional a rioht turn or pull to the rioht by extendino the rioht hand and arm in a horizontal 27 647 position straiqht from and level with the shoulder beyond the riqht side of the bicycle, 648 electric personal assistive mobility device. electric power-assisted bicycle. electric- 649 powered wheeled device. aas-powered wheeled device or moped, and may sianal 650 slowinq down or stoppina bY extendina the riaht arm downward. 651 652 Sec. 7-56. Use of seat reauired: carrvinQ excess passenaers. 653 !ID A person operatina a bicycle. electric personal assistive mobility device. 654 electric power-assisted bicycle. electric-powered wheeled device. aas-powered wheeled 655 device or moped shall not ride other than upon or astride a permanent and reaular seat 656 attachment thereto unless the vehicle is one desiqned for operation in a standina position. 657 1Q.} No bicycle. electric personal assistive mobility device. electric power-assisted 658 bicycle. electric-powered wheeled device. aas-powered wheeled device or moped shall be 659 used to carry more persons at one time than the number for which it is desianed and 660 equipped. except that an adult operatina a bicycle may carry a child less than six (6) years 661 old if such child is securelv attached to the bicycle in a seat or trailer desianed for carrvina 662 children. 663 664 Sec. 7-S4 7-57. Rider to keep one hand on handlebars. 665 No person shall ride a bicycle, electric personal assistive mobility device. electric 666 power-assisted bicycle. electric-powered wheeled device. aas-powered wheeled device Of 667 mopod on any high'....ay 'Nithout having while carryina any packaae. bundle or article that 668 prevents the driver from keepina at least one hand upon the handlebars. 669 670 Sec. +-ai 7-58. Duty to stop before crossing, sidewalk or sidewalk area. 28 671 Every person riding a bicycle, electric personal assistive mobility device. electric 672 power-assisted bicycle, electric-powered wheeled device. aas-powered wheeled device or 673 moped out of a lane, alley or private driveway across a sidewalk or sidewalk area shall 674 bring such bicycle, electric powor assistod bicycle, or moped wheeled device or vehicle to 675 a stop before crossing such sidewalk or sidewalk area. 676 677 Sec. +-a+ 7-59. Reaulations pertainina to Riding ridina on City sidewalks and 678 bicycle paths other than the Resort Area. 679 (a) It shall be unlawful for any person to ride a moped or qas-powered wheeled 680 device on any sidewalk or designated bicycle route within the sHy City. 681 (b) It shall be unl3\'tful for any porson to ride a bicyclo or oloctric power assistod 682 bicycle on any sido':.lalk of Atlantic !\vonuo from Rudeo Inlot to 42nd Stroot during the 683 poriod of /\pril15 through Soptombor 30, inclusivo. Except as otherwise provided in this 684 Chapter. Bicycle ridinq a bicvcle. aR€f. electric personal assistive mobility device. electric 685 power-assisted bicycle. or electric-powered wheeled device ~ is othor...'ise permitted on 686 the sidewalks and desiqnated bicvcle paths of the sHy City. , subject to tho provisions of 687 this soction and section 6 9 of this Codo. 688 W The prohibition regarding bicycles and electric power assisted bicycles 689 containod in this section shall not apply to any pOrEon who is handicapped and '.vho has a 690 city numbor plate or tag for tho handicapped, issued pursuant to article II of this chapter, 691 attached to his bicyclo, or electric pOIJ.'er assisted bicycle or to any polico officer riding a 692 bicycle or eloctric powor assistod bicycle in tho performance of official dutios. 693 ~ In loc3tions where tho riding of bicycles and electric power 3ssisted bicyclos 694 on sidewalks or crosswalks is not prohibited: 29 695 tB!ill A person riding a bicycle. electric personal assistive mobility device. 696 electric-powered wheeled device or electric power-assisted bicycle upon and along a 697 sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to 698 any pedestrian, shall give an audible signal before overtaking and passing such pedestrian, 699 and shall dismount and walk the bicycle. electric personal assistive mobility device, electric- 700 powered wheeled device or electric power-assisted bicycle when necessary to avoid 701 physical contact with any person; and 7 02 ~ @ A person riding a bicycle, electric personal assistive mobility device. 703 electric-powered wheeled device or electric power-assisted bicycle upon and along a 704 sidewalk, or across a roadway upon and along a crosswalk, shall have all rights and duties 705 of a pedestrian under the same circumstances. 706 (e) Violation A violation of Subsection (c) or (d) of this section Section shall 707 constitute a traffic infraction punishablo by a fino of not loss than fivo dollars ($5.00) nor 708 more than t\a:onty five dollars ($25.00) be punishable by a civil penalty of not more than fifty 709 dollars ($50.00). 710 711 New Subsections (c), (d) and (e) mirror Virginia Code ~46.2-904. 712 713 Sec. 7-59.1 ReQulations pertaininQ to ridinQ wheeled devices or vehicles in the 714 Resort Area. 715 !ill Durina the Resort Season, it shall be unlawful for any person to ride an 716 electric personal assistive mobility device. electric power-assisted bicycle, electric-powered 71 7 wheeled device. moped or a aas-powered wheeled device on Atlantic Avenue. 718 ilU It shall be unlawful at any time for any person to ride on any sidewalk in the 719 Resort Area an all-terrain vehicle. a bicycle. electric power-assisted bicycle. electric 30 720 personal assistive mobility device. electric-powered wheeled device. qas-powered wheeled 721 device. skateboard. scooter. or any pedal-powered vehicle that is muscle-powered or any 722 muscle-powered device. However. the use of roller blades and roller skates is permitted. 723 Sec. 7-59.2 Reaulations pertaininQ to ridina on the Beach or the Boardwalk. 724 @} It shall be unlawful for any person to ride on the Beach or the Boardwalk an 725 all-terrain vehicle. a bicycle. electric power-assisted bicycle. electric personal assistive 726 mobility device. electric-powered wheeled device. qas-powered wheeled device. moped, 727 scooter. skateboard or a pedal-powered vehicle that is muscle-powered or any other 728 muscle-powered device. 729 .!.Q1 The use of roller blades and roller skates on the Boardwalk is permitted. 730 Sec. 7-59.3 Reaulations pertainina to ridina wheeled devices or vehicles on the 731 arassv area or bicvcle path adiacent to the Boardwalk and oceanfront parks and 732 plazas. 733 @} It shall be unlawful for any person to ride on the bicycle path adiacent to the 734 Boardwalk an all-terrain vehicle. electric personal assistive mobility device. electric power- 735 assisted bicycle. electric-powered wheeled device. Qas-powered wheeled device. moped. 736 roller blades. roller skates. scooters or skateboards or a pedal-powered vehicle that is 737 muscle-powered or any other muscle-powered device other than a bicycle as defined in 738 this Chapter. 739 .!.Q1 It shall be unlawful to ride an all-terrain vehicle. bicycle. electric personal 740 assistive mobility device. electric power-assisted bicycle. electric-powered wheeled device. 741 qas-powered wheeled device. moped. roller blades. roller skates. scooters or skateboards 742 or a pedal-powered vehicle that is muscle-powered or any other muscle-powered device on 743 the Qrassy area adiacent to the Boardwalk and the oceanfront parks and plazas. Provided. 31 744 however. that bicycles are allowed in the oceanfront plazas for the purpose of accessinq 745 the bicycle path adiacent to the Boardwalk. 746 !9 Surreys shall be permitted on the bicycle path and the oceanfront plazas 747 subiect to the provisions of this Chapter. 748 @ For purposes of this Section the term "oceanfront parks" refers to the qrassy 749 and non-qrassy areas of the parks located at 7th. 13th. 17th . 24th. 25th. and 31st Streets. The 750 term "oceanfront plazas" or "plazas" refers to the paved areas connectino Atlantic Avenue 751 to the bicycle path. 752 Sec. 7-59.4 General provisions applicable to Section 7-59.1 throuQh 7-59.3. 753 !ID For purposes of Sections 7.59.1 throuoh 7.59.3. the term "scooter" is a 754 muscle-powered device hayinq two (2) or more wheels. a platform on which the rider 755 stands. and a steerinq mechanism such as handlebars. 756 ,{Q} The provisions of Sections 7-59.1 throuqh 7-59.3 shall not be applicable to, 757 the use of baby carriaoes. strollers or related modes of transportation of infants. or the use 758 of wheelchairs and wheelchair conveyances used for the transportation of disabled 759 persons or electric personal assistive mobility devices, electric power-assisted bicycles or 7 60 electric-powered seated scooters used for the transportation of disabled persons for which 761 either a (i) state-issued placard for the disabled has been issued and is prominently 762 displayed thereon or (in special decal has been issued by the City pursuant to Section 7-25 763 and is prominently displayed thereon. 764 !9 The prohibitions set forth in Sections 7-59.1 throuqh 7-59.3 shall not be 765 applicable to City employees or City contractors on official business. or to employees of 766 any franchisee or permitee authorized to provide services on the beach. Boardwalk and 32 767 adiacent bicvcle path. oceanfront parks and plazas. while on duty, orwhen authorization is 768 granted bv the City ManaQer or his desianee for special events. 769 770 Sec. +-53 7 -60. Reckless riding; speed. 771 fg) No person shall ride a bicycle, electric personal assistive mobilitv device. 772 electric power-assisted bicycle. electric-powered wheeled device. aas-powered wheeled 773 device. low-speed vehicle or moped recklessly or at a speed faster than is reasonably 774 proper, or in a manner so as to endanger the life, limb or property of the rider or of any 775 other person. 77 6 fQ} It shall be unlawful for any person to use or operate roller blades. roller 777 skates or any similar devices on wheels or runners whether such use is permitted or not. 778 recklesslv or at a speed faster than is reasonablv proper. or in a manner so as to interfere 779 with pedestrians or to endanQer the life. limb or property of the rider or any other person. 780 781 Sec. 1-59 7-61. Racing. 782 (a) Bicycle, electric personal assistive mobilitv device. electric power-assisted 783 bicycle. electric-powered wheeled device. !:las-powered wheeled device. low-speed vehicle 784 or moped racing on the highways is prohibited except as authorized in this soction Section. 785 (b) Bicycle, electric personal assistive mobilitv device. electric power-assisted 786 bicycle. electric-powered wheeled device. Qas-powered wheeled device. low-speed vehicle 787 or moped racing on a highway shall not be unlawful when a racing event has been 788 approved by the Gity City manager ManaQer on any highway under the jurisdiction of the 789 Gity City. Approval of bicycle, electric personal assistive mobilitv device, electric power- 790 assisted bicycle. electric-powered wheeled device. !:las-powered wheeled device. low- 33 791 speed vehicle or moped highway racing events shall be granted only under conditions 792 which assure reasonable safety for all race participants, spectators and other highway 793 users, and which prevent unreasonable interference with traffic flow which would seriously 794 inconvenience other highway users. 795 (c) By agreement with the approving authority, participants in an approved 796 bicycle, electric personal assistive mobility device. electric power-assisted bicycle, electric- 797 powered wheeled device, qas-powered wheeled device. low-speed vehicle and moped 798 highway racing event may be exempted from compliance with any traffic laws otherwise 799 applicable thereto, provided that traffic control is adequate to assure the safety of all 800 highway users. 801 802 Sec. +-GO 7-62. Clinging to vehicles. 803 No person riding upon any bicycle, electric personal assistive mobility device. 804 electric power-assisted bicycle. electric-powered wheeled device. qas-powered wheeled 805 device. low-speed vehicle 9f moped, roller skates. skateboards. tOYS, other devices on 806 wheels or runners shall attach the same or himself to any moving vehicle upon a roadway. 807 (b) Any person convicted of violating this Section shall be fined not less th:.ln two 808 doll:.1rs ($2.00) nor more th:.ln twenty fivo dollars ($25.00). 809 810 Sec. +-M 7-63. Parking of bicycles and other wheeled devices. 811 (a) Except as otherwise prohibited or restricted by an official traffic-control 812 device. A a person may park a bicycle, electric power-assisted bicycle, electric personal 813 assistive mobility device. electric-powered wheeled device. qas-powered wheeled device or 814 moped on a sidewalk unless prohibited or restricted by :.In official tr:.lffic control device in 34 815 such manner so as to not impede the normal and reasonable movement of pedestrian or 816 other traffic. 81 7 (b) ^ bicycle, electric pO'Ner 3ssisted bicycle or moped parked on a sidO'.valk 818 sh311 not impede the normal 3nd ronson3ble movement of pedestrian or other traffic. 819 (e) ,(Q1 A Except as otherwise prohibited by this Code. a bicycle, electric power- 820 assisted bicycle. electric personal assistive mobility device. electric-powered wheeled 821 device. aas-powered wheeled device. low-speed vehicle or moped may be parked on the 822 roadway at any angle to the curb or edge of the roadway or abreast of another such 823 wheeled device or vehicle. but in such manner so as not to 0) impede the normal and 824 reasonable movement of vehicular or pedestrian traffic. or (ii) obstruct the movement of a 825 leaally parked motor vehicle. at any location whero parking is allowed. 826 ~ A bicyclo, eloctric pO'....or assistod bicycle or moped may be p3rked 3bre3st of 827 another bicycle or bicycles and/or moped or mopeds at 3ny loc3tion whero p3rking is 828 3110wod. 829 ~ A person shall not park 3 bicyclo, electric powor assisted bicycle or moped on 830 3 ro3d\4:3Y in such 0 manner as to obstruct tho movoment of 3 leg311y p3rked motor 'Johicle. 831 832 Sec. 1-62 7-64. Use of earphones while operatina a bicvcle. electric personal 833 assistive mobilitv device. electric power-assisted bicycle. electric-powered wheeled 834 device. aas-powered wheeled device or moped. 835 !ill It shall be unlawful for any person to operate a bicycle. electric personal 836 assistive mobility device. electric power-assisted bicycle. electric-powered wheeled device, 837 aas-powered wheeled device or moped on the hiqhways in the City while usinq earphones 838 on or in both ears. 35 839 iQ} For the purposes of this Section. "earphones" shall mean any device worn on 840 or in both ears that converts electrical enerQY to sound waves or which impairs or hinders 841 the person's ability to hear. but shall not include any prosthetic device that aids the hard of 842 hearinQ. 843 844 Sec. 7 62. Safety equipment required, moped operators and passengers. 845 ta) Every person operating a moped on 3 publio street or highway of the city shall 846 we3r a face shield, s3foty glasses or goggles approved by the superintendent of state 847 police, or shall h3ve his moped equippod with s3foty gl3ss or a windshield at 311 times while 848 oper3ting suoh vehicle; 3nd any oper3tor 3nd any passengers thereon shall we3r protective 849 helmets of a type approved by tho superintendont. 850 fb) Any person who knowingly violates this section shall be guilty of a traffic 851 infraction ~md sh311 be subject to a fine of not more than fifty dollars ($50.00). 852 853 Sec. 7 63. Helmets required for bicycle riders fourteen years of age and younger. 854 ta) Every person f{)urteen (14) years of age or younger shall be required to wear 855 3 protective helmet which meets the standards promulgated by the ^meric3n National 856 Standards Institute or the Snell Memorial Foundation whenever riding or being carried on a 857 bicycle on any high'Nay, street, side'l.'alk or bicycle path. 858 fb) Any person engaged in the business of bicycle rentals shall post, in a clear 859. ~:md conspicuous manner, a sign setting forth the requirements of subsection (a) and, when 860 renting a bicycle for use by any person fourteen (1 ~) years of age or younger, shall m3ke 861 available, at roason3ble cost, a protective helmet meeting tho standards set f{)rth herein. 36 37 886 use bY aolf carts if such oolf cart operations will impede the safe and efficient flow of motor 887 vehicle traffic. or if the hiohway's posted speed limit is oreater than twenty-five (25) miles 888 per hour. 8 8 9 fQ1 All reauests made to have specific hiohways desianated for oolf cart use shall 890 be directed to the Traffic Enoineerino Office of Public Works. 8 91 ,(g) Any City hiahway desianated for oolf cart operations shall be posted with 892 siqns indicatino this desianation. The oraanization. individual or entity reauestina a 893 hiahway desianation allowina oolf cart operations shall reimburse the City its actual cost 894 for the installation and continued maintenance of such sians. 895 896 Sec. 7-67. Limitations. 897 Golf cart operations on desianated City hiahways shall be in accordance with the 8 98 followina limitations: 899 (1) No person shall operate a oolf cart on a City hiohway unless that 900 highway is desianated for aolf cart operations and is posted with the reauired sian. 901 ~ No aolf cart shall be driven across any hiohway at an intersection 902 where the hiahway beino crossed has a posted speed limit of more than twenty-five 903 (25) miles per hour. 904 m No person shall operate any aolf cart on any desionated City 905 hiahway unless he has in his possession a valid driver's license. 906 ffi No aolf cart shall be operated on any desianated City hiahway 907 without displayina a slow-movina vehicle emblem in conformity with Viroinia Code 908 Section 46.2-1081. 909 @ No person shall operate any aolf cart on any desianated City 38 910 hiqhway between sunset and sunrise. unless equipped with liqhts as required by 911 Section 21-141 of this Code. 912 913 Sec. 7-68. Exceptions. 914 The limitations set forth in Section 7-67(1) and (2) above shall not apply to qolf 915 carts beinq operated as follows: 916 ill To cross a hiqhway from one portion of a qolf course to another 91 7 portion thereof or to another adiacent qolf course: or to travel between a person's home 918 and C10lf course if (i) the trip would not be lonqer than one-half mile in either direction, 919 and Oi) the speed limit on the road is no more than thirty-five (35) miles per hour: 920 m To the extent necessary for City employees and City contractors to 921 fulfill a qovernmental purpose, or as otherwise authorized by the City Manaqer or his 922 designee. provided the qolf cart is not operated on a City hiqhway with a posted speed 923 limit over thirty-five (35) miles per hour: 924 @} As necessary by employees of public or private two-year or four- 925 year institutions of hiqher education if operatinq on hiqhways within the property limits 926 of such institutions, provided the qolf cart is beinq operated on hiqhways with speed 927 limits of thirty-five (35) miles per hour or less. 928 929 Sec. 7-69 through 7-70 fReservedl. 930 931 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day of 932 October, 2004. 39 cD VJ c. 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(') CD t/l -< (1) 00 i0~ (f)C1> ~D) C1> en ::=: 0 ~::J 00 z o (f) 5:;0 (1) (1) ::=: 00 Dl 0 ;;<';::!. 00 z o )>Ill a.C1> 'Dl Dl 0 o ::J" m - ~Ill G)g OJ a. 00 ::=: 00 Dl )>;;<' CD Dl Dl 5. -< C1> 00 Ill' ><' (1) (') "U -, Dl':< :;: 00 -< C1> 00 III ><':;IJ C1> C1> "UOO Dl 0 :;:;::!. 00 z o o o Dl CIl ::J Dl a.:;; "Ua ~a Dl "U CJl Dl ;;<- 00 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO AMEND CHAPTER 21 OF THE CITY CODE PERTAINING TO MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTIONS 21-2, 21-231, 21-237, 21-259, 21-312,21-440.2 AND 21-465 SECTIONS AMENDED: 9921-2,21-231,21-237,21-259, 21-312,21-440.2, and 21-464 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 That Sections 21-2, 21-231, 21-237, 21-259, 21-312, 21-440.2 and 21-464 of the 15 City Code are hereby amended and reordained, to read as follows: 16 ARTICLE I. IN GENERAL 17 18 Sec. 21-2. Definitions. 19 The following words and phrases, when used in this chapter Chapter, shall, for the 20 purpose of this ch3pter Chapter, have the meanings respectively ascribed to them in this 21 section Section, except in those instances where the context clearly indicates a different 22 meaning: 23 Antique motor vehicle: Every motor vehicle which was actually manufactured or 24 designated by the manufacturer as a model manufactured in a calendar year not less than 25 twenty-five (25) years prior to January one (1) of each calendar year and which is owned 26 solely as a collector's item and is used for participation in club activities, exhibits, tours, 27 parades and similar uses, but in no event used for general transportation, and which has 28 been classified by the commissioner Commissioner as an antique motor vehicle. 29 Bicycle: A device propelled solely by human power, upon which a person may ride 30 either on or astride a reQular seat attached thereto. having pedals, two (2) or more wheels 31 in tandem, and a seat height of more than twenty five (25) inches from the ground '.vhen 32 adjusted to its maximum height. including children's bicycles, except a toy intended for use 33 by young children. For purposes of this chapter Chapter, 2 bicycle shall be a vehicle while 34 operated upon the highway. 35 Business district: The territory contiguous to a highway where seventy-five (75) 36 percent or more of the property contiguous to a highway, on either side of the highway, for 37 a distance of three hundred (300) feet or more along the highway is occupied by land and 38 buildings actually in use and operation for business purposes. 39 Chauffeur: Every person employed for the principal purpose of operating a motor 40 vehicle and every person who drives a motor vehicle while in use as a public or common 41 carrier of persons or property. 42 Commission: The state State corporation Corporation commission Commission. 43 Commissioner: The Commissioner of the Division Department of Motor Vehicles of 44 the Commonwealth of Virginia. 45 Crosswalk: 46 (a) That part of a roadway at an intersection included within the connections of 47 the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs 48 or, in the absence of curbs, from the edges of the traversable roadway. 49 (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated 50 for pedestrian crossing by lines or other markings on the surface. 2 51 Dealer: Every person engaged in the business of buying, selling or exchanging 52 motor vehicles, trailers and semitrailers in this 6ity City and who has an established place 53 of business for such purpose in this 6ity City, at which place of business the books and 54 records of such dealer are kept and at which a substantial part of the business of such 55 dealer is conducted. 56 Decal: ta1 A device to be attached to a license plate that validates the license plate 57 for a predetermined registration period. 58 (b) /\ device to be affixed to a windshield as proof of payment of the city vehicle 59 Iiconso fee. 60 Department: The Department of Motor Vehicles of the Commonwealth. 61 Driver's license: Any license, including a commercial driver's license as defined in 62 the Virginia Commercial Driver's License Act 63 (Code of Virginia, section 46.2-341.1 et seq.), issued under the laws of the commonwoalth 64 Commonwealth authorizing the operation of a motor vehicle. 65 Electric personal assistive mobility device: A self-balancing two-nontandem- 66 wheeled device that is designed to transport only one (1) person and powered by an 67 electric propulsion system that limits the device's maximum speed to fifteen (15) miles per 68 hour or less. The term includes, but is not limited to, Seqways and similar devices. For 69 purposes of this chapter Chapter, an electric personal assistive mobility device shall be a 70 vehicle when operated on the highway. 71 Electric power-assisted bicycle: A bicycle equipped with an electric motor that 72 reduces the pedal effort required of the rider, but does not eliminate the rider's need to 73 pedal. An electric power-assisted bicycle shall be a vehicle when operated on a highway. 3 74 Electric-powered wheeled device: Any wheeled device powered by an electric motor 75 or battery. that is capable of beinq self-propelled or desiqned for self-propulsion and 76 produces speeds UP to a maximum of thirty (30) miles per hour. For purposes of this 77 Chapter, an electric-powered wheeled device shall not include qolf carts, low-speed 78 vehicles, wheelchairs or wheelchair conveyances as defined in Virqinia Code &46.2-1 DO, 79 but shall include wheeled devices such as "Razors," electric seated scooters, electric- 80 powered mini choppers, electric-powered qo-peds and similar devices. For purposes of 81 this Chapter, an electric-powered wheeled device shall be a vehicle while operated on a 82 hiqhway and subiect to the same laws and restrictions as electric-power assisted bicycles. 83 Essential parts: All integral parts and body parts, the removal, alteration or 84 substitution of which will tend to conceal the identity of a vehicle. 85 Farm tractor: Every motor vehicle designed and used as a farm, agricultural or 86 horticultural implement for drawing plows, mowing machines and other farm, agricultural or 87 horticultural machinery and implements, including self-propelled mowers designed and 88 used for mowing lawns. 89 Federal safety requirements: Applicable provisions ofthe National Traffic and Motor 90 Vehicle Safety Act of 1966 as amended (15 U.S.C. ~ 1381 at saq.) 49 U.S.C. &30101 et. 91 sea. and all administrative regulations and policies adopted pursuant thereto. 92 Gas-powered wheeled device: Any wheeled device powered by qas or any similar 93 type fuel, which is capable of beinq self-propelled or desianed for self-propulsion, and 94 produces speeds up to a maximum of thirty (30) miles per hour. For purposes of this 95 Chapter, a qas-powered wheeled device shall include devices such as qas-powered pocket 96 bikes, qas-powered seated scooters, qas-powered mini choppers, qas-powered qo-peds 4 97 and similar devices. For purposes of this Chapter. a qas-powered wheeled device shall be 98 a vehicle while operated on a hiqhway and subiect to the same laws and restrictions as 99 mopeds. 100 Gross weight: The aggregate weight of a vehicle or combination of vehicles and the 101 load thereon. 102 Highway: The entire width between the boundary lines of every way or place of 103 whatever nature open to the use of the public for purposes of vehicular travel in this 6ity 104 City, including the streets, alleys and publicly maintained parking lots in the 6ity City and, 105 for law-enforcement purposes, the entire width between the boundary lines of all private 106 roads or private streets which have been specifically designated "highways" by an 107 ordinance. 108 Intersection: 109 (a) The area embraced within the prolongation or connection of the lateral curb 110 lines or, if none, then the lateral boundary lines of the roadways of two (2) highways wR-i6R 111 that join one another at, or approximately at, right angles, or the area within which vehicles 112 traveling upon different highways joining at any other angle may come in conflict. 113 (b) Where a highway includes two (2) roadways thirty (30) feet or more apart, 114 then every crossing of each roadway of such divided highway by an intersecting highway 115 shall be regarded as a separate intersection. In the event such intersecting highway also 116 includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) 11 7 roadways of such highways shall be regarded as a separate intersection. 118 (c) For purposes only of authorizing installation of traffic-control devices, every 119 crossing of a highway or street at grade by a pedestrian crosswalk. 5 120 Law-enforcement officer: Any officer authorized to direct or regulate traffic or to 121 make arrests for violation of title Title 46.2 of the Code of Virginia or 6ity City ordinances. 122 License plate: A device containing letters, numerals, or a combination of both, 123 attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly 124 registered with the Department. 125 Light: A device for producing illumination or the illumination produced by the light. 126 Low-Speed Vehicles: Any four-wheeled electrically-powered vehicle, except a motor 127 vehicle or low-speed vehicle that is used exclusively for aQricultural or horticultural 128 purposes or a Qolf cart, whose maximum speed is qreater than twenty (20) miles per hour 129 but not qreater than twenty-five (25) miles per hour and is manufactured to comply with 130 safety standards contained in Title 49 of the Code of Federal Requlations, & 571.500. 131 Metal tiresi~ All tires the surface of which in contact with the highway is wholly or 132 partly of metal or other hard, nonresilient material. 133 Moped: A conveyance that is either (i) a bicycle-like device with pedals and a helper 134 motor which is rated at no more than two (2) brake horsepower and which produces 135 speeds up to a maximum of thirty (30) miles per hour or (ii) a motorcycle with an engine 136 displacement of fifty (50) cubic centimeters or less and a maximum speed of less than 137 thirty (30) miles per hour. For purposes of this ch~pter Chapter, a moped shall be a vehicle 138 while operated upon a highway. 139 Motor vehicle: Every vehicle, as defined in this section Section, 'Nhich that is self- 140 propelled or designed for self-propulsion. Any structure designed, used or maintained 141 primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, 142 sleeping place, office or commercial space shall be considered a part of a motor vehicle. 6 143 Any device herein defined as a "bicycle", "electric personal assistive mobilitv device," 144 "moped," "electric power-assisted bicvcle", "electric-powered wheeled device" "qas- 145 powered wheeled device" or moped shall be deemed not to be a motor vehicle. 146 Motorcycle: Every motor vehicle designed to travel on not more than three (3) 147 wheels in contact with the ground~ and any f-our wheeled vehicle 'Neighing less than five 148 hundred (500) pounds and equipped 'Nith an engine of less than six (6) horsepov:er, except 149 any SYffi vehicle as may be included within the term~ "farm tractor~ electric-powered 150 wheeled device, qas-powered wheeled device" or "moped" as defined in this section 151 Section. 152 153 Traffic infraction: A violation of la'.\' punishable as provided in Code of Virginia, 154 section 16.2 113, ':.'hich is neither a felony nor a misdemeanor. 155 Tractor truck: Every motor vehicle designed and used primarily for drawing other 156 vehicles and not so constructed as to carry a load other than a part of the load and weight 157 of the vehicle attached thereto. 158 Traffic infraction: A violation of law punishable as provided in Code of Virqinia, 159 Section 46.2-113, which is neither a felonv nor a misdemeanor. 160 Traffic lane or lane: That portion of a roadway designed or designated to 161 accommodate the forward movement of a single line of vehicles. 162 Trailer: Every vehicle without motive power designed for carrying property or 163 passengers wholly on its own structure and for being drawn by a motor vehicle. 7 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 Truck: Every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of seventy-five hundred (7,500) pounds. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. For purposes of this chapter Chapter, bicycles, electric personal assistive mobilitv devices. electric power-assisted bicvcles, electric- powered wheeled devices, qas-powered wheeled devices and mopeds shall be vehicles while operated upon a highway. ARTICLE VI. OPERATION OF VEHICLES GENERALLY Sec. 21-231. Passing vehicle proceeding in same direction--Generally. (a) The driver of any vehicle overtaking another motor vehicle proceeding in the same direction shall pass at least two (2) feet to the left thereof and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle, except as provided in this article Article. 180 (b) The driver of a vehicle shall not drive to the left side of the center line of a 181 highway in overtaking and passing another vehicle proceeding in the same direction, 182 unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance 183 ahead to permit such overtaking and passing to be made in safety. 184 (c) No person operating a truck or tractor and trailer shall pass or attempt to pass 185 any truck or tractor and trailer going in the same direction on an upgrade hill, if such 186 passing will impede the passage of following traffic. 8 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 (d) Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, electric-powered wheeled device. qas- powered wheeled device. moped, animal, or animal drawn vehicle proceeding in the same direction shall pass at a reasonable speed at least two (2) feet to the left of tHe such overtaken bicycle, electric personal ~ssistive mobility device, electric power assisted bicycle, moped, anim~1 or ~nimal dra'Nn wheeled device or vehicle and shall not again proceed to the right side of the highway until safely clear of such overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, electric-powered wheeled device. qas-powered wheeled device. moped, animal or animal-drawn vehicle. Sec. 21-237. Signals for starting, backing, stopping or turning. (a) Every driver who intends to start, back, stop, turn or partly turn from a direct line shall first see that such movement can be made in safety and whenever the operation of any other vehicle may be affected by such movement shall give the below-required signals, plainly visible to the driver of such other vehicle, of his intention to make such movement. (b) The signal required by this section Section shall be given by means of the hand and arm or by some mechanical or electrical device approved by the superintendent Superintendent, in the manner herein specified. Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to start, stop, turn or partly turn by extending the hand and arm from and beyond the left side of the vehicle, in the following manner: 9 209 (1) For a left turn or to pull to the left, the arm shall be extended in a 210 horizontal position straight from and level with the shoulder; 211 (2) For a right turn or to pull to the right, the arm shall be extended 212 upward; or 213 (3) For slowing down or to stop, the arm shall be extended downward. 214 Wherever the lawful speed is more than thirty-five (35) miles per hour such signals 215 shall be given continuously for a distance of at least one hundred (100) feet, and in all 216 other cases at least fifty (50) feet, before slowing down, stopping, turning, partly turning or 21 7 materially altering the course of the vehicle. 218 c) ^ person riding 3 bicycle or moped Sh311 signal his intention to stop, turn, or 219 ch3nge direction. Such sign3ls, however, need not bo given continuously if both hands 3ro 220 needed in the control or oper3tion of the bicycle or moped. 221 (d) Nonvithstanding the foregoing provisions of this section, 3 person oper3ting a 222 bicycle, electric person31 3ssistive mobility device, electric power 3ssisted bicycle, or 223 moped may sign31 3 right turn or pull to the right by extending the right h3nd 3nd 3rm in a 224 horizont31 position straight from 3nd 10'101 with the shoulder beyond the right side of the 225 bicycle, electric person31 assistive mobility device, electric pOlJJer 3ssisted bicycle, or 226 moped, ~nd m~y sign~1 slowing down or stopping by extending the right 3rm downw~rd. 227 td1(c)Drivers of vehicles standing or stopped at the curb oredge before moving such 228 vehicles shall give signals of their intentions to move into traffic, as herein provided, before 229 turning in the direction the vehicle will proceed from the curb. 230 tej(d)Drivers having once given a hand, electrical or 10 231 mechanical device signal must continue the course thus indicated, unless they alter the 232 original signal and take care that drivers of vehicles and pedestrians have seen and are 233 aware of the change. 234 235 Sec. 21-259. Cruising. 236 (a) The City of Virginia Beach hereby finds and declares that the unregulated 237 practice of cruising on Atlantic Avenue in the feSeft Resort afea Area creates substantial 238 vehicular traffic congestion, including extended periods of gridlock; interferes with the 239 smooth and orderly flow of both vehicular and pedestrian traffic; unduly interferes with the 240 ability of police, fire, and rescue vehicles to respond to calls for assistance; and thereby 241 endangers the health, safety and welfare of the 6ity!s City's citizens and visitors. By 242 adoption of this section Section, it is the intent of the Gity City to regulate cruising on 243 Atlantic Avenue in the resort Resort afea Area and thereby to alleviate the problems 244 associated therewith. 245 (b) The following words and phrases shall, for purposes of this section Section, 246 have the meanings respectively ascribed thereto: 247 (i) Cruising or to cruise shall mean to operate a motor vehicle, or low- 248 speed vehicle or moped, or as a custodian thereof, to permit its operation, past a traffic- 249 control point two (2) times in the same direction within any three-hour period. 250 (ii) Custodian shall mean any person who is the owner of a motor vehicle 251 or low-speed vehicle or moped, or has custody thereof, and who is riding therein (or 252 thereon) at the time of its operation. 253 (Hi) Enforcement period shall mean the period from April 15 May 1 to 254 September 30, inclusive, between the hours of 2:00 p.m. and 4:00 a.m., inclusive. 11 255 (iv) Restricted area Area shall mean Atlantic Avenue from and including 256 the Rudee Inlet Loop to and including 31st Street. 257 (v) Resort Area shall mean the area, from and includinq, the sidewalk on 258 the west side of Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street. 259 M (vi) Traffic-control point shall mean the location of any sign indicating that 260 cruising is prohibited, or any point designated by the Gffief Chief of police Police or his duly 261 authorized designee which is located between any such signs. 262 (c) It shall be unlawful for any person to cruise in the restricted Restricted afea 263 Area during the enforcement period. A violation of this subsection Subsection shall 264 constitute a traffic infraction, and each successive trip past a traffic-control point after a 265 violation has occurred shall constitute a separate violation. 266 (d) Signs indicating that cruising is prohibited shall be posted at periodic intervals 267 immediately adjacent to the restricted area. Such signs shall state substantially as follows: 268 NO CRUISING 2 P.M. TO 4 A.M. 269 UNLAWFUL TO PASS THIS POINT 270 2 TIMES IN 3-HOUR PERIOD 271 (e) The provisions of this section Section shall not be applicable to the operator 272 of a police, fire or rescue vehicle in the conduct of official duties, the operator of a common 273 carrier, or the operator of any motor vehicle or low-speed vehicle or moped when such 274 motor vehicle or low-speed vehicle or moped is being operated for business purposes. 275 12 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 ARTICLE IX. RECKLESS DRIVING; SPEED Sec. 21-312. Specific instances of reckless driving--Generally. A person shall be guilty of reckless driving who shall: (1) Drive a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes upon any highway of this 6ity City; (2) While driving a vehicle, overtake and pass another vehicle proceeding in the same direction, upon or approaching the crest of a grade or upon or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two (2) or more designated lanes of roadway for each direction of travel or on a designated one-way street or highway; (3) Drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle; (4) Pass or attempt to pass two (2) other vehicles abreast, moving in the same direction, except on highways having separate roadways of three (3) or more lanes for each direction of travel, or on designated one-way streets or highways; however, this subsection Subsection shall not apply to a motor vehicle passing two (2) other vehicles, in accordance with provisions of this chapter Chapter, when one or both or such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, electric-powered wheeled device. qas-powered wheeled device or moped; nor shall this subsection Subsection apply to a bicycle, electric personal assistive mobility 13 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 device. electric power-assisted bicycle. electric-powered wheeled device. qas-powered wheeled device or moped passing two (2) other vehicles in accordance with the provisions of this chapter Chapter; (5) Drive any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drive any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle; provided. however, this subsection Subsection shall not apply to any validly authorized parade, motorcade or motorcycle escort; nor shall it apply to a motor vehicle traveling in the same lane of traffic as a bicycle. electric personal assistive mobility device. electric power-assisted bicycle. electric-powered wheeled device. qas-powered wheeled device or moped; (6) Overtake or pass any other vehicle proceeding in the same direction at any steam, diesel or electric railway grade crossing at any intersection of highways unless such vehicles are being operated on a highway having two (2) or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone pursuant to the provisions of Code of Virginia, sections 46.2-803 and 46.2-830, or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted to do so by a traffic light or police officers; 14 320 321 322 ARTICLE XI. STOPPING, STANDING AND PARKING 323 324 Sec. 21-440.4. Parking restrictions. 325 fill In any area desiqnated as a residential permit parkinq area, it shall be 326 unlawful for any person to park or otherwise leave unattended any all-terrain vehicle, 327 bicycle, electric personal assistive mobility device, electric power-assisted bicycle. electric- 328 powered wheeled device, qas-powered wheeled device, low-speed vehicle, moped or 329 similar wheeled device on the street. 330 .Q;U In any area designated as a residential permit parking area, it shall be 331 unlawful for any person to park any motor vehicle on the street between the hours of 8:00 332 p.m. and 6:00 a.m. unless there is affixed to the driver's side exterior surface of the 333 windshield of such motor vehicle a valid residential parking permit; provided, however, that 334 the provisions of this section Section shall not apply to emergency or governmental 335 vehicles, to delivery or service vehicles while engaged in such delivery or service, or to 336 vehicles displaying a valid guest pass plainly visible from the exterior of the vehicle. 337 338 ARTICLE XIII. PEDESTRIANS 339 340 Sec. 21-464. Playing on streets or highways; use of roller skates, toys or other 341 devices on wheels or runners. 342 (a) No person shall play on a highway or street, other than upon the sidewalks 343 thereof, within the 6ity City. No person shall use on a highway or street where play is 344 15 344 prohibited roller skates, skateboards, toys, or other devices on wheels or runners, except 345 bicycles, electric personal assistive mobilitv device, electric power-assisted bicvcle, electric- 346 powered wheeled devices, qas-powered wheeled devices, mopeds, and motorcycles. The 347 City Manager may designate areas on highways or streets where play is prohibited or may 348 restrict play to the use of roller skates, skateboards, toys, or other devices on wheels or 349 runners and, if such highways or streets have two (2) traffic lanes, such persons using 350 such devices, except bicycles, electric personal assistive mobilitv devices, electric power- 351 assisted bicvcles, electric-powered wheeled devices, qas-powered wheeled devices, 352 mopeds, and motorcycles, shall keep as near as reasonably possible to the extreme left far 353 riqht side or edge of the left hand riqht traffic lane so that they will be facing oncoming 354 proceedinq in the same direction as other traffic at all times. 355 (b) No person riding upon any roller skates, toys or other devices on wheels or 356 runners shall attach the same or himself to any vehicle upon a road'l.'ay. 357 358 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day 359 of October, 2004. 16 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND SECTIONS 27-24 AND 27-25 OF THE CITY CODE PERTAINING TO THE DISPOSAL OF BICYCLES AND LOST PROPERTY SECTIONS AMENDED: 9927-24,27-25 10 That Sections 27-24 and 27-25 of the City Code are hereby amended and 11 reordained, to read as follows: 12 ARTICLE II. UNCLAIMED PROPERTY IN CUSTODY OF POLICE DEPARTMENT 13 14 Sec. 27-24. Disposal of bicycles and other wheeled devices or vehicles. 15 Any bicycle. electric personal assistive mobility device, electric power-assisted 16 bicycle, electric-powered wheeled device, qas-powered wheeled device, qolf cart, 17 surrey or moped which has been in the possession of the department Department of 18 police Police, unclaimed, for more than thirty (30) days may be sold at public auction or 19 donated to a charitable organization. If a bicycle such wheeled device or vehicle is sold 20 at public auction, the provisions of sections Sections 27-22 and 27-23 shall apply. If a 21 bicycle such wheeled device or vehicle is donated to a charitable organization, the 22 notice provisions of Section 27-22 shall apply. 23 1 23 24 Sec. 27-25. Disposal of lost/found property. 25 Any person who initially found and turned over to the departmont Department of 26 police Police, property which otherwise remains unclaimed for a period of sixty (60) 27 days (thirty (30) days for bicycles and other wheeled devices and vehicles as set forth in 28 Section 27-24), may make claim for the return of such property, prior to its sale, to the 29 GRief Chief of police Police or his duly authorized agent. The GRief Chief of police Police 30 or his duly authorized agent may return such property to the finder making such claim. 31 Strict records of each such disposal shall be kept. If the finder does not make claim for 32 the return of the property, the property may be sold at public auction in accordance with 33 the provisions in sections Sections 27-22 and 27-23. 34 35 Adopted by the Council of the City of Virginia Beach on this 26TH day of October, 36 2004. 2 - 23- Item V-K.3. ORDINANCES ITEM # 53152 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED: Ordinance to APPROPRIATE $155,122 EXCESS Community Development Block Grant (CDBG) funds, $88,085 HOME Investment Partnership Program income earned in FY 2003-2004 and TRANSFER $633,786 in CDBG and $190,927 in HOME funding within the Department of Housing and Neighborhood Preservation FY 2004-05 Operating Budget. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 1 2 3 AN ORDINANCE TO APPROPRIATE $155,122 IN 4 COMMUNITY DEVELOPMENT BLOCK GRANT AND $88,085 5 IN HOME INVESTMENT PARTNERSHIP PROGRAM INCOME 6 TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD 7 PRESERVATION'S 2004-05 OPERATING BUDGET AND 8 TO TRANSFER $633,786 IN BLOCK GRANT AND 9 $190,927 IN HOME FUNDING WITHIN THE 10 DEPARTMENT'S OPERATING BUDGET 11 12 WHEREAS, more program revenue has been realized in the 13 Department of Housing and Neighborhood Preservation's CDBG Program 14 and HOME Program than expected; and 15 WHEREAS, transfers of existing CDBG and HOME funding 16 within the Department's 2004-05 Operating Budget are needed to 17 align funding with the needs of the community. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That $155,122 of program income is hereby appropriated 21 to the Department of Housing and Neighborhood Preservation's FY 22 2004-05 Operating Budget to fund housing rehabilitation projects 23 that create housing for low-to-moderate income persons, with 24 estimated revenue from program income increased accordingly. 25 2. That $88,085 of program income is hereby appropriated 26 to the Department of Housing and Neighborhood Preservation's FY 27 2004-05 Operating Budget to fund housing rehabilitation projects 28 for low-to-moderate income persons, with estimated revenue from 29 program income increased accordingly. 30 31 3. That $633,786 of CDBG Program funding is hereby 32 transferred within the Department of Housing and Neighborhood 33 Preservation's FY 2004-05 Operating Budget to fund housing 34 rehabili tation proj ects to create housing for low-to-moderate 35 income persons. 36 4. That $190,927 of HOME Program funding is hereby 37 transferred wi thin the Department of Housing and Neighborhood 38 Preservation's FY 2004-05 Operating Budget to fund housing 39 rehabilitation projects for low-to-moderate income persons. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of ottober , 2004. CA-9411 H:\PA\G\ORDRES\Housing CDBG & HOME FY03-04 Excess Rev Ord.doc R3 October 14, 2004 Approved as to Content: APPROVED AS TO LEGAL SUFFICIENCY: ~n~.s~ff~~\CjC i:i " "C " " Z en c o U <( 'C:; C ::l o <.J ;,; c ~ ~ <(oS! E i!! '" '" ... ... ell- e- ll. 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C 0. ~ ~Q)~C!> '~B-g~ :JC:CC:C() o J: 0000 0000 0000 0000 0000 o ILi 0 LO- C"')lOlO~ Attachment 1 Department of Housing & Neighborhood Preservation: CDBG & HOME Program Funding Current CDBG FUNDS Total Avail Adjustment New Total Housing Opportunity Funds: Loan Servicing 15,000.00 15,000.00 Demolition 172,460.68 (77,247.00) 95,213.68 Samaritan House-Perry Shores 104,000 VBCDC-Rental Rehab 71,000,00 10,027.00 81,027,00 VBCDC/Biznet 480,000 Optional Relocation 48,251.67 (12,754.00) 35,497.67 VBCDC/Housing 1st 106,293 Fa9ade Repair 288,310.50 (238,310.00) 50,000.50 SRO 50,000 Emergency Repair 163,433.00 163,433.00 JCOC 145,000 Townhomes Rental Rehab 11,419.13 11,419,13 VetsHouse 50,000 Townhomes Owner Rehab 351,918.75 (305,475.00) 46,443.75 Samaritan House 4,428 Housing Opportunities 362,840,00 576,881,00 939,721.00 939,721 Reserve for Contingency 202,000.00 202,000.00 1,484,633.73 155,122,00 1,639,755,73 Current HOME FUNDS Total Avail Adjustment New Total Salaries 81,738.00 (4,493.00) 77,245.00 Fringe 25,018.00 (10,434.00) 14,584.00 First Time Homebuyer 276,000.00 (176,000.00) 100,000.00 Rental Security Deposit 63,620.00 3,560,00 67,180.00 Risk Management 93.00 93.00 Housing Opportunity Funds: VBCDC-Acq/Rehab 401,140.97 401,140.97 HOME Repair Program 717,841,20 205,452.00 923,293.20 Biznet 30,000 VB HOME Inc-Acq/Rehab 396,398,29 396,398.29 Accessible Housing Corp 55,000 Habitat for Humanity 45,000.00 45,000.00 90,000,00 CAMG 50,000 Housing Opportunities 110,000.00 25,000,00 135,000,00 135,000 Reconstruction Program 158,886.59 158,886,59 2,275,736.05 88,085,00 2,363,821.05 Current HOME FUNDS Total Avail ADJ New Total Salaries 81,738.00 (4,493.00) 77,245.00 Fringe 25,018,00 (10,434,00) 14,584.00 First Time Homebuyer 276,000.00 (176,000.00) 100,000.00 Rental Security Deposit 63,620,00 3,560,00 67,180.00 Risk Management 93.00 93.00 VBCDC-Acq/Rehab 401,140.97 401,140,97 HOME Repair Program 717,841.20 205,452.00 923,293,20 VB HOME Inc-Acq/Rehab 396,398.29 396,398.29 Habitat for Humanity 45,000.00 45,000.00 90,000.00 Housing Opportunities 110,000.00 25,000.00 135,000.00 Reconstruction Program 158,886.59 158,886.59 2,275,736.05 88,085.00 2,363,821.05 Current CDBG FUNDS Total Avail ADJ New Total Loan Servicing 15,000.00 15,000.00 Demolition 172,460.68 (77,247.00) 95,213.68 VBCDC-Rental Rehab 71,000.00 10,027.00 81,027.00 Optional Relocation 48,251.67 (12,754.00) 35,497.67 Fagade Repair 288,310.50 (238,310.00) 50,000.50 Emergency Repair 163,433.00 163,433.00 Townhomes Rental Rehab 11,419,13 11,419,13 Townhomes Owner Rehab 351,918,75 (305,475.00) 46,443.75 Housing Opportunities 362,840,00 576,881.00 939,721.00 Reserve for Contingency 202,000.00 202,000.00 1,484,633.73 155,122.00 1,639,755.73 - 24- Item V-K.4.a/b ORDINANCES ITEM # 53153 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED: Ordinances to ACCEPT from the Department of Justice and APPROPRIATE to the FY 2004-05 Budgets of the Commonwealth's Attorney and the Police Department: $ 99,901 re prosecution of gun crime $944,668 re prosecution of domestic violence cases Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $99,901 FROM THE 3 DEPARTMENT OF JUSTICE TO THE FY 4 2004-05 OPERATING BUDGET OF THE 5 COMMONWEALTH'S ATTORNEY TO PROSECUTE 6 GUN CRIMES 7 WHEREAS, the Virginia Beach Commonwealth's Attorney has been 8 awarded a proj ect Safe Neighborhood Grant by the United States 9 Department of Justice to hire an attorney to prosecute unlawful 10 possession and use of weapon cases in Virginia Beach, Chesapeake, 11 Portsmouth, and Norfolk; and 12 WHEREAS, pursuant to a Memorandum of Understanding between the 13 localities, this attorney will prosecute cases in all four cities, 14 with the Virginia Beach Commonwealth's Attorney overseeing this 15 prosecutor and providing office space. 16 17 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $99,901 is hereby accepted from the United States 20 Department of Justice and appropriated to the FY 2004-05 Operating 21 Budget of the Commonwealth' Attorney to prosecute gun crime, with 22 federal revenue increased accordingly. 23 2 . That one full-time Assistant Commonwealth's Attorney 24 position is added to the FY 2004-05 Operating Budget of the 25 Commonwealth's Attorney, with the understanding that this position 26 is contingent on future funding from the United States Department 27 of Justice. 28 1 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of October 2004. ~\ TO APPROVED AS TO LEGAL SUFFICIENCY ~S~a-.(J: City Attorney's 0 fice ' eM 0 9 R-2 October 14, 2004 H:\PA\GG\ORDRES\Project Save Neighborhood ord.doc U.S. Department of Justice United States Attorney Eastern District of Virginia Main Street Centre 600 E. Main Street, Suite /800 Richmond, Virginia 232/9-2447 804/8/9-5400 Fax 804/77/-23/6 August 10, 2004 Ms. Catherine Whitesell Director of Management Services Municipal Center City of Virginia Beach Virginia Beach, Virginia 23456 Re: United States Department of Justice Grant Dear Ms. Whitesell: Per the request of Commonwealth's Attorney Harvey Bryant, I am writing to advise you regarding a federal grant that will benefit the City of Virginia Beach, as well as other southside cities. As part of the President's Project Safe Neighborhood gun crime initiative, federal grants were approved for each ofthe 93 federal districts and designated to benefit local law enforcement efforts to investigate and prosecute gun crime. In Southeastern Virginia, approximately $100,000 of these grant funds have been specifically allocated toward the creation of a regional firearms prosecutor, who will be tasked with prosecuting gun crimes throughout the southside of the Tidewater region. This represents a one-time grant, with future federal funding unspecified at this point. Because of our strong partnership with Harvey Bryant, we have sought and received his agreement to oversee this prosecutor and provide office space. This would entail treating this prosecutor as a Virginia Beach employee though this regional prosecutor will also serve all of the local Commonwealths' Attorneys on the southside. It is anticipated that a Memorandum of Understanding will be executed by all the relevant parties setting forth all the terms of this relationship. Should you have any questions, please do not hesitate to call me. We look forward to working with the Commonwealth's Attorney and appreciate the support of Virginia Beach. Sincerely yours, PAUL J. McNULTY a::?:t~ By: Brian L. Whisler Assistant United States Attorney Project Safe Neighborhoods Coordinator cc: Harvey L. Bryant, III, Esq. 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT $944,668 FROM THE DEPARTMENT OF JUSTICE AND TO APPROPRIATE $815,573 TO THE COMMONWEALTH'S ATTORNEY'S FY 2004-05 OPERATING BUDGET AND $129,095 TO THE POLICE DEPARTMENT'S FY 2004-05 OPERATING BUDGET FOR THE PROSECUTION OF DOMESTIC VIOLENCE CASES 9 WHEREAS, the Virginia Beach Commonwealth's Attorney has been 10 awarded funding for the Grants to Encourage Arrest Policies and 11 Enforcement of Protection Orders Program by the United States 12 Department of Justice to provide for full prosecution of all 13 domestic violence misdemeanor and protective order violations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 14 15 16 17 1. That $944,668 is hereby accepted from the Department of 18 Justice, with $815,573 of this amount appropriated to the FY 2004- 19 05 Operating Budget of the Commonwealth' Attorney to prosecute 20 domestic violence misdemeanor and protective order violations, and 21 the remaining $129,095 appropriated to the FY 2004-05 Operating 22 Budget of to the Police Department for overtime and other costs 23 associated with the enforcement of protective orders. 24 2. That two full time Assistant Commonwealth's Attorneys, 25 one full-time paralegal position, one full-time clerical position, 26 and one full-time victim witness caseworker position are added to 27 the FY 2004-05 Operating Budget of the Commonwealth's Attorney, 28 with the understanding that these positions are contingent on 29 future funding from the United States Department of Justice. 30 30 3 . That revenue ln the FY 2004-05 Operating Budget from 31 the federal government is hereby increased by $944,668. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of O~tohpr 2004. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~ City Attorney' ~ CA9408 R-2 October 14, 2004 H:\PA\GG\ORDRES\Orders of Protection ord.doc U.S. DEPARTMENT OF JUSTICE Office on Violence Against Women I. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Virginia Beach Municipal Center 250 I James Madison Blvd. Virginia Beach. VA 23456-3701 IA. GRANTEE lRSNENDOR NO. 540722061 3. PROJECT TITLE FY 2004 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program PAGE I OF Gr ant 4. AWARD NUMBER: 2004- WE-AX-0033 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 09/0112004 TO 08131/2006 09/01/2004 TO 08/3112006 6. AWARD DATE 09/1312004 7. ACTION '8. SUPPLEMENT NUMBER 00 Initial 9. PREVIOUS AWARD AMOUNT $0 I '". AMOum 0' rn" A" '"0 II. TOTAL AWARD $ 944,668 $ 944,668 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE A IT ACHED P AGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under 42 USC ~ 3796hh 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Diane M. Stuart Director. Office on Violence Against Women 17. SIGNATURE OF APPROVING OFFICIAL /'''''''~. 1(\ )Al. U. >tlU.".r L.\.A..r>L(",.. I . . GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James Spore City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICA nON CODES 21. WE04DOO006 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT x 29 00 00 A W4 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 944668 U.S. Departmen1: of Justice Office of Justice Pro. grams Office of Comptroller Washington, D.C. 2()531 Mr. James Spore City Manager Municipal Center 2501 James Madison Blvd. Virginia Beach, VA 23456 - 3701 Reference Grant Number: 2004- WE-AX-0033 Dear Mr. Spore: <I. I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category BUDGET PERSONNEL $537,766 FRINGE BENEFITS $161,330 TRAVEL $39,632 EQUIPMENT $30,300 SUPPLIES $3,400 CONSTRUCTION $0 CONTRACTUAL $134,400 OTHER -~ f ;2, 1. '8'"/10 ~') / TOTAL DIRECT COST $944,668 INDIRECT COST $0 TOTAL PROJECT COST $944,668 Federal Funds Approved: $944,668 Non-Federal Share: $0 ,I: ({", "b' '"I) L r'.f' 1-';-( € CL A;f ~-J v1a.& f 6 .S/-.1!ex; e-- C; / f!q) /0 i t . - OlT1.pt-(()[(C"l_ ~S . 1;1/. .r>! IC-e'-('...<<-) If you have questions regarding this award, please contact: -Program Questions, I1a A, Blue, Program Manager at (202) 305-2713; and _ financial Questions, the Office of the Comptroller, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj,gov. Congratulations, and we look forward to working with you. Sincerely, Cr~9~ Cynthia 1. Schwimer Comptroller U.S. Departmellt of Justice Office on Violence Against Women September 13, 2004 Washing/an. D.C. 20531 Mr. James Spore City of Virginia Beach Municipal Center 2501 James Madison Blvd. Virginia Beach, V A 23456-3701 Dear Mr. Spore: On behalf of Attorney General John Ashcroft, it is my pleasure to inform you that the Office on Violence AgainstWomen has approved your application for funding under the FY 2004 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program in the amount of $944,668 for City of Virginia Beach. This award provides the opportunity for recipients to develop and strengthen effective responses to violence against women. This grant award, made under the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, is to encourage the treatment of domestic violence and sexual assault as serious violations of criminal law. Enclosed you will find the award package. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact lla A. Blue at (202) 305-2713. For financial questions, contact the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or by email at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, .....-". 6l_~(.(..}?7 {.~ltlt4.Vr Diane M, Stuart Director, Office on Violence Against Women Enclosures U.S. Department of Justice Office of Justice Programs Office for Civil Rights Washing/an, D.C. 2053 J September 13,2004 Mr. James Spore City of Virginia Beach Municipal Center 2501 James Madison Blvd. Virginia Beach, V A 23456-3701 Dear Mr. Spore: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. section 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13,14, and IS, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W" Room 8136, Washington, D.C. 20531. Additional Instructions For Grantees Receiving 5500,000 Or More: I. In accordance with Assurance No. IS, each grantee that receives $500,000 or more (pr $ 1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet (http://www.ojp.usdoj,gov/ocrl). 3. Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outtined in this leuer. Therefore, all primary grantees should apprise subgrantees of these responsibilities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. 1 If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within the pastlwo years, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OC NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days, This Certification Form may also be downloaded from OCR's home page on the Internet; PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS A WARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLA nON OF ITS CERTIFIED ASSURANCES AND MA Y RESULT IN SUSPENSION OF DRA WDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: 4, Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request; (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. Additional Instructions For Grantees Receiving Under $25,000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. IS. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their wor~force, are subject to the prohibitions against discrimination in any funded program or activity, Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient ofOJP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. If you have any questions, please call OCR at (202) 307-0690. Additional infonnation and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. Sincerely, ~J.~ Michael 1. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst 2 The employment practices of certain Indian tribes are not covered by Title VII of the Civil Rights Act of 1964, 4 (I U.S. DEPARTMENT OF JUSTICE AWARD CON~INUATION SHEET PAGE 2 OF 3 . Office on Violence Against Women Gra lIt PROJECT NUMBER 2004-WE-AX-0033 AWARD DATE 09/13/2004 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F,R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or tennination of funding, until such time as the recipient is in compliance. 3, The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19, 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the express prior written approval of OVW. 5. The Director ofOVW, upon a finding that there has been substantial failure by the grantee to comply with applicable laws, regulations, and/or the tenns and conditions of the grant or cooperative agreement, will tenninate or suspend until the Director is satisfied that there is no longer such failure, all or part of the grant or cooperative agreement, in accordance with the provisions of sections 802 and 803 of title I of the Omnibus Crime Control and Safe Streets Act and 28 CFR Part 18, as applicable mutatis mutandis. 6. The grantee agrees to comply with all relevant statutory and regulatory requirements including, but not limited to, the Violence Against Women Act of 1994, P. L. 103-322, the Violence Against Women Act of2000, P. L. 106-386, the Safe Streets Act, 42 U.S.C 3711 et seq., and STOP Violence Against Women Fonnula and Discretionary Grants Program Final Rule, 28 CFR Part 90, 7. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period. Progress reports must be submitted within 30 days after the end of the reporting periods, which are January I-June 30 and July I - December 31 for the duration of the award. Future awards may be withheld if progress reports are delinquent. Beginning in 2004, grantees are required to submit this information online, through the Grants Management System (GMS), on the new semi-annual progress report for the relevant OVW grant programs. 8. A final report, which provides a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award, is due 120 days after the end of the award. Future awards may be withheld if the final report is delinquent. The Final Progress Report should be submitted through the Office of Justice Programs Grants Management System with the Report Type indicated as "Final". 9. The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial diversion programs or the placement of offenders charged with crimes of domestic violence in such programs; mediation, couples counseling, family counseling or any other manner of joint victim~ofTender counseling; mandatory counseling for victims of domestic violence; forcing the victims to testify against their abusers; or the placement of perpetrators of domestic violence in anger management programs. OJP FORM 4000/2 (REV. 4-88) U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION SHEET PAGE 3 OF 3 . . Office on Violence Against Women Grallt PROJECT NUMBER 2004- WE-AX-0033 AWARD DATE 09/13/2004 SPECIAL CONDITIONS 10. The grantee agrees to submit one copy of all reports and proposed publications funded by this agreement not less than twenty (20) days prior to public release, publication, or distribution for OVW review. II, An materials and publications (written, visual, or sound) resulting from award activities shan contain the fonowing statements: "This project was supported by Grant No. awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. 12, As a first time grant recipient, the grantee agrees to send its project coordinator to an OVW technical assistance new grantee orientation seminar. Additionally, if there is a change in the project coordinator during the grant period, the grantee agrees to send the new project coordinator, regardless of prior experience with this or any other federal grant, to an OVW technical assistance new grantee orientation seminar. 13. The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars, workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or conferences not sponsored by OVW, 14. Approval of this award does not indicate approval ofany consultant rate in excess of$450 per day. A detailed justification must be submitted to and approved by the OVW Director prior to obligation or expenditure of such funds. IS. Under the Government Perfonnance and Results Act (GPRA) and V A W A 2000, grantees are required to conect and maintain data that measure the effectiveness of their grant-funded activities. Accordingly, the grantee agrees to submit semi-annual electronic progress reports on program activities and program effectiveness measures. Infonnation that grantees must collect under GPRA and V A W A 2000 includes, but is not limited to: I) number of persons served; 2) number of persons seeking services who could not be served; 3) number and percentage of arrests relative to the number of police responses to domestic violence incidents; 4) number of protection orders issued; and 5) number of victim advocates supported by grant funding. OJP FORM 4000/2 (REV. 4-88) Page I of I Virginia Beach Commonwealth's Attorney and Samaritan House Secure Grant to Aid Domestic Violence Victims fhursday, October 07,2004 Media Contact(s) ~2:22 PM Deborah Perkins (757) 427-8646 Virginia Beach's Commonwealth's Attorney Harvey L. Bryant announced today that his office has been awarded a Department of Justice grant to provide increased protection to victims of domestic violence. The amount of the award is t944,668 over two years. The Commonwealth's Attorney's Office and Samaritan House, a non-profit organization that Jrovides programs and services for victims of domestic violence, developed the grant application. The grant will add five additional staff in the Commonwealth's Attorney's Office plus additional funding for the Virginia Beach Police Department, Probation and Parole Departments, and Samaritan House. '1 am very appreciative of this opportunity to enhance the safety of victims of domestic violence," Bryant said. "This las been an area that we have desired to improve for some time. We have about 2,200 misdemeanors domestic violence ~ases each year in our city, and this grant will enable us to prosecute any protective order violations. I commend the U.S. Department of Justice for recognizing the need to fund this important initiative. This is an excellent example of using tax 1011ars to provide much needed public safety services." The grant enables the development of a "Domestic Violence Team" to further strengthen the collaboration of many lepartments and organizations. Representatives will come from the City's Police and Human Services Departments, 20mmonwealth's Attorney's Office, Samaritan House and other organizations involved in the support for victims of 10mestic violence. 'Domestic violence affects too many families in our community. One in four women will experience violence at some time in their lifetime. It is critical that all components of the legal system are in place to provide the needed protections md services. That's why we are delighted to collaborate with the City to make this happen," said Samaritan House Executive Director Carolyn McPherson. ### Note to Media: A presentation announcing the grant will be made tonight at the Samaritan House 20th Anniversary Celebration. The event will be held at Shifting Sands Club, located on the Dam Neck Naval Base from 6 until 10 p.m. Samaritan House will also present the City of Virginia Beach with an award in recognition ofthe City's support over the years. \rticlt - Beach gets grant to pursue domestic violence cases Page 1 of 1 .~.i_.).". . ~p- AetiveP<lDet .. )ublication:The Virginian-Pilot,Section:Hampton Roads,Page: 19,Date: Friday, October 08, 2004 Beach gets grant to pursue (IOlllestic violeIlce cases VIRGINIA BEACH - Two years ago, Virginia Beach attracted national medlaatten- tion when state budget cuts forced prosecutors to stop prosecuting domestic violenL"e cases. eN N and Time maga- zine reported how stares, especially Virginia, were struggling with budget shortfalls because of tax cuts andeL"'OllOmlC slmvdowns. They used Virginia Beach as an Harvey L. exmll'lle, r Bryant III But Thursday, Beach said the grant pro~ecutors . announced will allow full theIr department.. h~s rose'utlor receIved a $944,668 :f dor~estl~ grant from the U.S, Justice Department to violence provide increased pro- cases. tt'G'tion for victims of domestic violence, The prosecutor's officewiU hire t\;\'O attorneys and three other staffer's to concentrate on domestic violence cases, _ Rt'tKh fOll Franktlt 222-5122 or said Commonwealth's Attorney Jon.frank@pllotonllne.com. Harvey L Hryant 11 L Bryant said the grant will not only allow prosecutors to fully prosecute dornestic violence cases but willIet his office provide a prosecutor for protective-order violations. something that was rarely done in the past 'rhe money.viti fund the new initiative for t'.vo years, Most of the grant - $771,000 - win go to the commonwealth's attorney's office. The restwiH be divided among other offIces that participate in the cases.. The Police Department will get $129,000 for overtime, The state office of probation and parole and Samaritan HOllsefllso will receive smne of the money, Bryant said. Virginia Beach has about 2,200 misdemeanor domestic violence cases a year. BY JON FRANK THE VI P.GIrII Atl-PI LOT - 25 - Item V-L ITEM # 53154 PLANNING 1. GREGORY F. AND CHRISTIE L. HARRIS 2. SUNKIST F ARRELLI (ASH) 3. O.B.E.P. 4. FUNCTIONAL DEFENSIVE CONCEPTS, INC. DBA LINXX ACADEMY STREET CLOSURE NONCONFORMING USE MODIFICATION OF CONDITIONAL USE PERMIT/AQUA SPORTS, INC. (APPROVED 6/23/86) CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING October 26, 2004 - 26- Item V-L. PLANNING ITEM # 53155 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City CouncilAPPROVED in ONE MOTION Items 1, 2, 3a/b/c and 4 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Re Item L. 3a/ble, Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act S 2.2-3115 (H) relative 0 B F P, Inc. 's application. Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to 0 B F P, Inc. (Ocean Breeze Fun Park, Inc.) and E,S.G.. Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc. Her husband does not personally provide services to 0 B F P, Inc. or E.S. G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to 0. B. F. P., Inc. or E. S. G. Enterprises, Inc., she may participate without restriction in City Council's discussion and vote. October 26, 2004 - 27- Item V-L.1. PLANNING ITEM # 53156 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED, subject to compliance of Conditions by October 25,2005, an Ordinance upon application of GREGOR Y F. and CHRISTIE L. HARRIS for discontinuance. closure and abandonment of a portion of an alley: Ordinance upon application of Gregory F. and Christie L. Harris for the discontinuance, closure and abandonment of a portion of an alley located adjacent to 809 Vanderbilt Avenue. The alley is located 100 feet from the southside of Maryland Avenue and runs 50 feet in a southerly direction. The applicant requests that the eastern half of the alley (375 sq.ft.) be closed. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 2. The applicant is required to re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verifY that no private utilities exist within the right-ofway proposed for closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right-ofway proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-ofway shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 25,2005). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-ofway, this approval shall be considered null and void. October 26,2004 Item V-L.l. PLANNING Voting: - 28- ITEM # 53156 (Continued) 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 15' ALLEY TO BE CLOSED (PORTION OF ALLEY TO 11 BE CLOSED = 375 SQ. Fr. /0.009 ACRES) AS SHOWN 12 ON THAT CERTAIN PLAT ENTITLED: "PLAT 13 SHOWING PORTION OF 15' ALLEY ADJACENT TO 14 LOT 18, BLOCK 13, CROATAN BEACH, M. B. 24, P. 27 15 TO BE CLOSED VIRGINIA BEACH, VIRGINIA": 16 17 18 WHEREAS, GREGORY F. HARRIS and CHRISTIE L. HARRIS applied to the 19 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 20 discontinued, closed, and vacated; and 21 WHEREAS, it is the judgment of the Council that said street be discontinued, 22 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 23 City Council's adoption of this Ordinance; 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 SECTION I 29 30 That the hereinafter described street be discontinued, closed and vacated, subject 31 to certain conditions being met on or before one (1) year from City Council's adoption of this 32 ordinance: 33 GPIN: 2426-37-6831,2426-37-6735,2426-37-6815 and 2426-37-5708 34 1 35 All that certain piece or parcel of land situate, lying and being in 36 the City of Virginia Beach, Virginia, designated and described as 37 "PORTION OF ALLEY TO BE CLOSED (375 SQ. FT./O.009 38 ACRES)" as shown as the hatched area on that certain plat 39 entitled: "PLAT SHOWING PORTION OF 15' ALLEY 40 ADJACENT TO LOT 18, BLOCK 13, CROATAN BEACH M.B. 41 24, P. 37 TO BE CLOSED, VIRGINIA BEACH, VIRGINIA" 42 Scale: I" = 20', dated June 8, 2004, prepared by Gallup Surveyors 43 & Engineers, Ltd., a copy of which is attached hereto as Exhibit A. 44 45 46 SECTION II 47 48 The following conditions must be met on or before one (1) year from City 49 Council's adoption of this ordinance: 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 52 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 53 Closures," approved by City Council. Copies of said policy are available in the Planning 54 Department. All funds generated from this purchase shall be deposited in the Croatan Beach 55 Access Account and utilized by the City to purchase additional access to the beach in the Croatan 56 area at an appropriate location. 57 2. The applicant shall resubdivide the property and vacate internal lot lines to 58 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 59 and approved for recordation prior to final street closure approval. 60 3. The applicant shall verify that no private utilities exist within the right-of-way 61 proposed for closure. Preliminary comments from the utility companies indicate that there are 62 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 63 applicant shall provide easements satisfactory to the utility companies. 2 64 4. Closure of the right-of-way shall be contingent upon compliance with the 65 above stated conditions within one year of approval by City Council. If all conditions noted 66 above are not in compliance and the final plat is not approved within one year of the City 67 Council vote to close the street, this approval will be considered null and void. 68 69 70 SECTION III 7] 72 1. If the preceding conditions are not fulfilled on or before October 25, 2005, 73 this Ordinance will be deemed null and void without further action by the City Council. 74 2. If all conditions are met on or before October 25, 2005, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 78 may be requested to convey such interest, provided said documents are approved by the City 79 Attorney's Office. 80 81 SECTION IV 82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 84 VIRGINIA BEACH as "Grantor" and GREGORY F. HARRIS and CHRISTIE L. HARRIS as 85 "Grantee." 86 3 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day 88 89 90 9] 92 93 94 95 96 97 98 99 100 101 102 103 ]04 105 106 of October ,2004. CA-9250 Date September ] 4, 2004 1':II)ataIATYlFormsIStreet Closurel WORKINGICA9250.doc APPR~~D 1S TO CONTENT: ,I(,t"f . ;f- 1t>-1-eJ{ Plannin Department APPROVED AS TO LEGAL SUFFICIENCY: tlicia 9. Mzij toN City Attorney 4 o. " o <3. '" o. ~ z 0 ITI :;c CD r= -I ;;:: '" )> " ~ ... :uZ '" C ~ ITI ......... 00 q 0 o. :;c .., .......... 0 ;;:: ~ J> ~ J> Z 0 J> Ci " en :u c <OW:U z~-.J< -"'e< ........-1>2](3 --JCO::U;;o (J1fTlUlLll ~g~~'5? 1'>.)- Orrl, !~~~t: ~~~~Ll ~~0 t;b~ '" 0 ... :I> Cl c.... :I> S (')~ ~~d ;oz ~ o~ -c )> CD;;:: )> -i c:n-c!j;: CD ITI'" -10 ~~ f'1 N )>r)>::jlll 1; (')... Z~rOI .Ir:u rZO S 0", ~a;1TI0~ ;0 Vl ~ ...... -<"T1Z c ClITI.....tl) G) iC.~C ~5 SD :> 0 ^ U> () ~ " ~ '" en o ,.'" -'0 -1>:.0 ~ o. " :u ~ N ... N 'f " '" ~ J, ;:;l '" S B5'45'45" W 107.50' total 100.00' " :u ~~ ~ -, , '" ~ J, CJl '" 100.00' (lolQ ,09"LOL 3 "t:;"\:>sv.r;g N " " ~ N ... f U1 ~ , ~ '" 7.50 ~( c..,e< :uox ~~~ "'<co ~~::lJ p~~ Vioe c Z '" e< r'1 7.50 " :u ~ N ... ~ ," ~ , '" ..., N '" " (") :u ;0 ?i CD~O '" r"':I> .. o;"'~ ~ (Xl ~-Jo>.z ~ ..., -'o:'JCO , u<",fT1 '" ~:I> Ci (") CJl I ;;::~ ~ CJ1. N ...)> r :ur 'fT1 ~-< 'il ~ '" ... ~ <.0 , '" ..., , ffi '" f77] LLJ o~ rnn ~ ~~ ~ D"l ~~ o 1:~ ~~ 6~ o o <0 o o o () ~ ~ <: ';; en () ~ ~. o o o. - 29- Item V-L.2. PLANNING ITEM # 53157 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED a Resolution upon application of SUNKIST F ARRELLI (ASH) for replacement of a Nonconforming Use Duplex at 305 261f2 Street: Application of Sunkist Farrelli for a reconstruction of a nonconforming use on property located at 305 26-1f2 Street (GPIN 24280055430000). The following conditions shall be required: 1. The site shall be developed in substantial accordance with the submitted site plan entitled itA DUPLEX HOUSE RESIDENCE ", prepared by G. M. Frech and Associates, dated September 15, 2004, Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed structure shall be developed in substantial accordance with the submitted elevations entitled itA DUPLEX HOUSE RESIDENCE ", prepared by G. M. Frech and Associates, dated September 15, 2004. Said plans are on file in the City of Virginia Beach Planning Department. 3. Building materials shall consist of split-face block on the first level, and hardi-plank siding on the second and third levels. Decks shall be constructed of salt-treated lumber; roofing materials shall consist of architectural shingles. Exterior building colors shall be white, earth tone, or pastels. 4. The finished floor of the garage shall be a minimum of one-foot above the base flood elevation in accordance with the Federal Emergency Management Agency (FEMA) flood hazard maps for the City of Virginia Beach. There shall be no living area on the first level of the structure. 5. Demolition of the existing structure shall commence within thirty (30) days of the adoption of this Resolution, and further construction shall be performed with due diligence. October 26, 2004 Item V-L.2. PLANNING Voting: - 30- ITEM # 53157 (Continued) 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 1 2 3 4 5 A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF A NONCONFORMING DUPLEX ON PROPERTY LOCATED AT 305 26~ STREET (BEACH DISTRICT) WHEREAS, Sunkist Farrelli (hereinafter the "Applicant") has 6 made application to the City Council for authorization to 7 reconstruct a nonconforming duplex situated on a certain lot or 8 parcel of land having the address of 305 26 ~ street, in the RT- 9 3 Resort Tourist District; and 10 WHEREAS, the said duplex is a nonconforming use, in that 11 duplexes are not permitted in the RT-3 Resort Tourist District; 12 and 13 WHEREAS, pursuant to Section 105 of the City Zoning 14 Ordinance, the reconstruction of a nonconforming use or 15 structure is unlawful in the absence of a resolution of the City 16 Council authorizing such action upon a finding that the proposed 17 use or structure, as reconstructed, will be equally appropriate 18 or more appropriate to the zoning district than is the existing 19 structure; 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That the City Council hereby finds that the proposed 23 duplex, as reconstructed, will be equally appropriate to the 24 district as is the existing structure. 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That the proposed reconstruction of the Applicant's duplex 28 lS hereby authorized, upon the following conditions: 29 30 1. The site shall be developed in substantial accordance with the submitted site plan entitled "A DUPLEX HOUSE 31 RESIDENCE," prepared by G. M. Frech and Associates, dated 32 September 15, 2004, which plan is on file In the City of 33 Virginia Beach Planning Department; 34 2 . The proposed structure shall be developed In 35 substantial accordance with the submitted elevations entitled "A 36 DUPLEX HOUSE RESIDENCE", prepared by G. M. Frech and Associates, 37 dated September 15, 2004, which elevations are on file in the 38 City of Virginia Beach Planning Department. 39 3. Building materials shall consist of split-face block 40 on the first level, and hardi-plank siding on the second and 41 third levels. Decks shall be constructed of salt-treated lumber; 42 roofing materials shall consist of architectural shingles. 43 Exterior building colors shall be white, earth tone, or pastels; 44 4 . The finished floor of the garage shall be a minimum of 45 one foot above the base flood elevation in accordance with the 46 Federal Emergency Management Agency (FEMA) flood hazard maps for 47 the City of Virginia Beach. There shall be no living area on the 48 first level of the structure; and 2 49 5. Demolition of the existing structure shall commence 50 within 30 days of the adoption of this Resolution, and further 51 construction shall be performed with due diligence. 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Adopted by the Council of the City of Virginia Beach on the 26tWay of Or.tober , 2004. CA-9407 OID\ordres\sunkistres.doc R-1 October 12, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: !AJJ)M Id -12--0 Department City Attorney's Office 3 - 31 - Item V-L.3.a/b/c PLANNING ITEM # 53158 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council MODIFIED a Conditional Use Permit for OBFP, INC. (AQUA SPORTS, INC), (APPROVED June 23, 1986) and ADOPTED Ordinance upon application of OBFP, INC. (Ocean Breeze Fun Park) for a Conditional Change of Zoning and Conditional Use Permit for a bulk storage yard. ORDINANCE UPON APPLICATION OF 0 B F P, INC. FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON JUNE 23, 1986 (AQUA SPORTS, INC. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 0 B F P, Inc. for a Modification of conditions for a Conditional Use Permit approved by City Council on June 23, 1986 (Aqua Sports, Inc.). Property is located at 700 South Birdneck Road (GPIN24166623280000). DISTRICT 6 - BEACH This modification is to remove the rezoned area at the entrance into Ocean Breeze Festival Parkfrom the provisions of the Conditional Use Permit governing the amusement park. (Modified Conditions No. 8 and No. 10 as of April 23, 1990.) AND, ORDINANCE UPON APPLICATION OF 0 B F P, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 APARTMENT DISTRICT TO I-I LIGHT INDUSTRIAL DISTRICT Z010041201 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 0 B F P, Inc. for a Change of Zoning District Classification from A-12 Apartment District to I-I Light Industrial District on property located at 700 South Birdneck Road (GP IN2 416662 3 2 80000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 6 -BEACH ORDINANCE UPON APPLICATION OF o.B.F.P., INC. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R0100431199 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of o.B.F.P., Inc, for a Conditional Use Permit for a bulk storage ya rd on property located on South Birdneck Road (GPIN 24166780780000). DISTRICT 6 - BEACH October 26,2004 - 32- Item V-L.3.a/b/c PLANNING ITEM # 53158 The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Conditional Use Permit for R. V and Boat Storage for Parcel 3 Industrial 1 Office Park at Ocean Breeze ", dated 06130104, and prepared by Engineering Services Inc. 2. The property shall be used as a bulk storage yard primarily for the storage of motor homes, campers, boats and boat trailers. There shall be no storage of motor vehicles andlor inoperative or wrecked motor vehicles. 3. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site, 4. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. 5. There shall be no disposal of remnant sewage from recreational vehicles on the site. Any spills of petroleum products or vehicle fluids shall be immediately removed and properly disposed of These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th of October Two Thousand Four October 26,2004 - 33- Item V-L.3.aIb/c PLANNING ITEM # 53158 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act S 2.2-3115 (H) relative 0 B F P, Inc. 's application, Her husband is a principal in the accountingfirm of Goodman and Company and that company provides services to 0 B F P, Inc. (Ocean Breeze Fun Park, Inc.) and E.SG.. Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc, Her husband does not personally provide services to 0 B F P, Inc. or E.S G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to 0. B. F. P., Inc. or E. S G. Enterprises, Inc., she may participate without restriction in City Council's discussion and vote. October 26, 2004 - 34- Item V-L.4. PLANNING ITEM # 53159 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED an Ordinance upon application of FUNCTIONAL DEFENSIVE CONCEPTS, INC., dba LINXXACADEMY for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF FUNCTIONAL DEFENSIVE CONCEPTS, INC. dba LINXX ACADEMY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-2 Z010041202 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Functional Defensive Concepts, Inc. DBA Linxx Academy for a Chanf!e of Zonin,? District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 1320 Kempsville Road (GPIN 14654817160000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th of October Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -5961 DATE: September 10, 2004 TO: Leslie L. Lilley William M. Macali ~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Functional Defensive Concepts d/b/a Linxx Academy The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 26,2004. I have reviewed the subject proffer agreement, dated August 18, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMMInlb Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 Phone: (757) 687-7500 Facsimile: (757) 687-7510 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 18th day of August, 2004 by and between LINDA W. DRUCKER, PEREGRIN C. FRANCISCO, and JEMIMA M. GONZALES, (collectively, "Grantor"), the current owner of that certain property fronting on the east side of Kempsville Road near Indian River Road in Virginia Beach, Virginia more commonly known as 1320 Kempsville Road, Virginia Beach, Virginia 23464, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), FUNCTIONAL DEFENSIVE CONCEPTS. INC., a Virginia corporation (the "Grantor"), the contract purchaser of the Property, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from 0-2 to B-2 Conditional on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, GPIN NO.: 1465-48-1716-0000 certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following 2 declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, all landscaping, buildings and improvements on the property shall be located substantially as shown on that certain "Conceptual Site Layout & Landscape Plan of Linxx Academy", dated June 17, 2004, prepared by MSA, P.C., which is on file with the City of Virginia Beach Planning Department and which has been exhibited to the City Council (the "Concept Plan"). 2. When developed, the building shall be constructed using architectural materials and a design substantially as shown on that Sheet 2 of 2 of that certain "Architectural Site Plan", dated March 1, 2004, and prepared by Burkhart Thomas Reed, which is on file with the City of Virginia Beach Planning Department and which has been exhibited to the City Council. 3. When developed, the Property shall be developed for uses permitted in the B-2 District, along with accessory parking and other accessory site features, with the exception of the following uses, which are otherwise permitted in the B-2 District: (a) pounds, shelters or commercial kennels; (b) beverage manufacturing shops; (c) bingo halls; (d) body piercing establishments; (e) borrow pits; (f) eatery and dining establishments with drive through windows; (g) heliports and helistops; and (h) tattoo parlors. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable 3 City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy pennits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] 4 GRANTOR: ,.... CX{tL:&~ X ALhJg~ Linda W. Drucker COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this~ day of Clu.~ ' 2004, by Linda W. Drucker. She is personally known to me or h produced VA-1)i- as identification. My Com.'TIission Expires: Oili'-b-tl31 Olrn , COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thi.d3 day of ~d , by Pere . n C. Francisco. He/she is personally known to me or h' produced as identification. ~ll..~J~ Notary Pu ic My Commission Expires: Oe.:tL~'-t~ 31, am~ 5 COl\1MONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thi~ day 011 ut.Af J ~ +- , 2004, by Jemima M. Gonzales. He/she is personally known to me ~~ \fru2J- as identification. ~~'~ . '. 'l ' Notary Publi My Commission Expires: tQ~ 311 ~OD,+ 6 GRANTOR: By: IVE CONCEPTS, INe. Name: Title: President COMMONWEALTHOFVmG~ CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thise2/!day of /JJ~\ J , 2004, by Frank Joseph Cucci, Ill, President of Functional Defensive Concepts, Inc. He is personally known to me or has produced ~",r; e..ef't' i l ( ~ \.:..R _ as identification. dll '~ I ..,. . " ,~ U U/k- Notary PublIc My Commission Expires: jI- '.>u-0 :) VB259918v2 7 EXHIBIT A ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying and being in the City of Virginia Beach, Virginia and being situated on the easterly side of the road running from Mears Comer to Kempsville, and being more particularly bounded and described as follows: BEGINNING AT a point on the easterly side of the right of way of the road leading from Mears Comer to Kempsville, which point is located 627.4 feet in a northerly direction from the Northeast intersection of said road with Indian River Road; and running thence in a northerly direction along the eastern side of said first mentioned road, 88 feet to a point; thence turning and running South 62 degrees 40 minutes East 420 feet to a point in the line of the Overholt property; thence turning and running along said line of said Overholt property South 26 degrees 40 minutes West 88 feet; thence turning and running North 62 degrees 20 minuets West 420 feet to the point of beginning. LESS AND EXCEPTING frontage on Kempsville Road deeded to the City of Virginia Beach for widening of Kempsville Road, the said plat being duly of record in the office of the Clerk of the Circuit Court of the City of Virginia Beach, State of Virginia, in Map Book 18, at page 99 and also in Map Book 146, at page 41, reference to which is hereby made for a more particular description. 8 Item V-M. APPOINTMENTS - 35 - ITEM # 53160 BY CONSENSUS, City Council RESCHEDULED: BICYCLE and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TOWING ADVISORY BOARD October 26, 2004 - 36- Item V-M.1. APPOINTMENTS ITEM # 53161 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Priscilla Beede Chair REVIEW AND ALLOCATION COMMITTEE (COG) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26,2004 - 37- Item V-M. ADDED APPOINTMENTS ITEM # 53162 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Nancy T. DeFord Robert H. DeFord, Sr. No Term PERFORMING ARTS THEATRE ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 26, 2004 - 38- Item V-O. NEW BUSINESS ITEM # 53163 BY CONSENSUS, CITY CLERK TO RECORD: ABSTRACT OF CIVIL CASES RESOL VE>> - August 2004 October 26, 2004 - 39- Item V-Po ADJOURNMENT ITEM # 53164 Mayor Meyera E, Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:45 P.M. _Q~_??_)$L~_ Beverly 0. Hooks, CMC Chief Deputy City Clerk - Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 26, 2004 Item V-P. ADJOURNMENT ITEM#53164 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:45 P.M. Beverly O. ooks, CMC Chief Deputy City Clerk ut�r Smit Meyer ndo . City Clerk Mayor City of Virginia Beach Virginia October 26, 2004