HomeMy WebLinkAboutOCTOBER 2, 1989
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'WORLD'S LARGEST RESORT Crry"
Crr,y COUNCIL
WYOR MEY@ E. OB@@U. A, L.@
VICE)IAYOR WURT E F@RESS. V@i.. B-h &-h
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JO.N A. Mum, @. @lh
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)OHN D UM. K--J@ @,h
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JOHN L PE@Y. @@ B-h
WIW" D. @MS, JR., A,
281 CnY MALL BUILDING
MUNICIPAL CENTER
AUB@ V. WIM, JR., Ci@ M.- CITY COUNCIL AGENDA VIRGINIA MACH VIRGINIA 23456-9002
J, D@ MMWN, Ci,, A,@ (804) 427-4"3
R@H H.M. -@H. @Ct@, Cill C@k
October 2, 1989
ITEM 1. CITY MANAGERTS BRIEFING - Conference Room - 11:00 AM
A. COUNCIL WORKSHOP
CAPITAL IMPROVEMENT PROGRAM - FY 1989-90/1993-94
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 NOON
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - @yor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend George Sweet
Atlantic Shores Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - September 18, 1989
2. SPECIAL FORMAL SESSION - September 19, 1989
F. RESOLUTIOWORDINANCE
1. Resolution directing the Planning Corninission to consider and make
recommendation as to whether Bingo Halls should be allowed as a
Conditional Use In the B-4, 1-1 and 1-2 Districts.
2. Ordlnance to AMEND and REORDAIN Section 21-33 of the Code of the
City of Virginia Beach, Virginia; and, ADD Section 21-33.1 re Motor
Vehicles and Traffic Code.
Deferred September 18, 1989
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordinary course of business by City Douncil and will be enacted by
one motion In the form listed. If an Item is rernoved fran the Consent
Agenda, It will be discussed and voted upon separately.
1. Ordinance to MEND and REORDAIN Section 21 of the Code of the City
of Virginia Beach, Virginia re Motor Vehicle and Traffic Codes.
2. Ordinances to MEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a. Article XX of Cnapter 2 re Department Of Houslng and
Neighborhood Preservation.
b. Sections 2-247 and 2-249 re Department of Permits and
Inspections.
c. REPEAL Section 8-9 re maintenance of certain non-residential
buildings.
d. REPEAL Article IX of Chapter 8, consisting of Sections 8-211
through 8-216, Inclusive, and ADDING an Article I I to Chapter
16 re lead-based paint.
e. Title of Chapter 16 Is changed to "Buliding Maintenance Codell
and Sections 16-1, 16-6. 16-7, 16-8 and 16-10 re building
maintenance code
f. REPEAL Section 16-2 re definitions of certain tams.
g. Section 23-48 re open storage of junk.
h. Section 23-50 re acctnufations of trash, garbage, etc., and
excessive growth of weeds or grass.
i. Section 23-50.1 re refnoval of diseased, etc., trees.
3. Ordinance, upon SECOND READING, to APPROPRIATE $160,000 to the
Department of Mental Health/Mental Retardation and Substance Abuse
for enhancements to Departmental operations.
4. Ordinance, upon FIRST READING, to authorize the City Ponager to
anter Into a Lease Agreement for the Work Release Correction Center
Annex; and, APPROPRIATE $206,049 to the Department of General
Services for associated costs.
5. Ordinance, upon FIRST READING, to APPROPRIATE $512,873 to the
Sheriff's Department for the Work Release Correction Center Annex,
offset by $475,898 of increased revenues; TRANSFER $36,975 frcin
General Fund Reserves; and, AUTHORIZE twenty-five (25) additional
Deputy positions approved by the State.
6. Ordinance to TRANSFER $63,500 for the purposes of rehabilitating
the City Building on the corner of 19th and Arctic Avenue and
renovating the Emergency Medical Services Building.
7. LOW BIDS:
a. Quality Enginaering Cofnpany, Inc. In the amount of $101,335 for
1989-90 Roadside Culvert Installation Contract.
b. Contractors Paving Company In the amount of $83,889.95 for
Farmers Market Parking Lot Expansion (CIP 3-980).
S. Ordinance authorizing license refunds In the amount of $6,450.50.
9. Ordinance authorizing tax refunds in the amount of 679.26.
H. APPOINTMENTS
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT CCMMISSION
HISTORICAL REVIEW BOARD
RESORT AREA ADVISORY COMMISSION
TRANSPORTATION SAFETY COMMISSION
1. UNFINISHED BUSINESS
J. NEW BUSINESS
K. ADJOURNMENT
CITY COUNCIL SESSIONS RESCHEDULED
OCTOBER 9, 1989
YOM KIPPUR
(Rescheduled to October 30, 1989)
OCTOBER 16, 1989
VIRGINIA MUNICIPAL LEAGUE
(Rescheduled to October 30, 1989)
NOVEMBER 27, 1989
NATIONAL LEAGUE OF CITIES
(Scheduled Planning Iterns will be heard November 20)
All other Sessions will be In accordance with the City Code
cmd
9/28/89
M I N U T E S
VIRGINIA BEACI-I CITY COUNCIL
Vlrgitila Beacti, Virginia
October 2, 1989
The CAPITAL IMPROVEMENT WORKSHOP (FY-1989-90/1993-94) for the VIRGIINIA BEACH
CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference
Room, City Hall on Monday, October 2, 1989, at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms.
Council Members Absent:
John D. Moss (ENTERED: 11:25 A.M.)
John L. Perry (ENTERED: 11:10 A.M.)
- 2 -
I T E M S 0 F T H E C I T Y M A N A G E R
11:55 A.M.
ITEM # 31845
The City Manager advised video-tapes of the Hurricane devastation in
Charleston, South Carolina are available for City Council's review.
IT@M # 31846
The City @lanager referenced his concern during his first years as Utility
Director relative the spaghetti arrangement of piping at the MOORE'S BRIDGES
water plant. In an effort to correct same and provide a more reliable service
to Virginia Beach, Norfolk proceeded with engineering studies and has begun a
construction project to hopefully avert what occurred this weekend. Tn the
process of the construction program, a water main that was in the ground was
damaged and resulted in a leak. There was tremendous co-operation from the
public in a conservation effort. From the standpoint of providing service to
its citizens, the City received the benefit of the storage constructed several
years ago. This was a serious situation, but flexibility was maintained through
valving and control of the pump station to fight a fire, if necessary. This
accident occurred in the process of attempting to avert these types of
accidents in the future. City employees rendered assistance to the City of
Norfolk, working Friday and Saturday through the night and up into Sunday to
assist Norfolk with the process. Due to the location of the break in the main,
only service to the beach was affected. In the future with the manifold
arrangement, certain pipes could be valved off and service still provided.
October 9, 1989
- 3 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 31847
Mayor Oberndorf referenced the Majority and Minority Report of the Mayor's Task
Force To Study the Recreational Equipment Ordinance. Mayor Oberndorf requested
the City Manager determine whether specific neighborhoods could be designated
for parking of RV's and not designate other neighborhoods who prefer not to
have RV parking which would be similar to the Ordinance on rental housing. The
census tracts could be reviewed to determine whether the competing interests
can be accommodated.
ITEM # 31848
Mayor Oberndorf advised the Virginia Building and Code Officials Association
and State Department of Social Services, Division of Child Support Enforcement
were conventioning in Virginia Beach. Mayor Oberndorf WELCOMED these groups
this morning, October Second. There were over 300 individuals from the Child
Support group and over 245 individuals in attendance from the Building and Code
Officials Association. All members were most exemplary in their compliments of
the Beach and their accommodations.
ITEM # 31849
Mayor Oberndorf advised receipt of a letter of September 15, 1989, from Mayor
Charles E. Pugh, Town of Occoquan, who enclosed a Resolution ADOPTED by their
Town Council requesting the General Assembly appropriate adequate funding
annually to Local Governments for the administration of the requirements of the
Chesapeake Bay Preservation Program.
BY CONSENSUS, a similar Resolution will be SCHEDULED for the City Council
Agenda of October 23, 1989.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31850
Councilman Perry again referenced the cars supposedly for sale on a lot on the
corner of Baker Road and Lake Edward Drive. There are 39 automobiles on this
lot. As three vehicles were being repaired, exhaust fumes were traveling to the
adjacent day care center.
ITEM # 31851
Vice @layor Fentress advised the Used Auto place in the Bayside Borough on Shore
Drive and Pleasure House was in terrible condition.
TTEM # 31852
Councilman Perry again referenced the height of John and Katherine Miller (palm
readers) building. This appears to be a violation of their Conditional Use.
ITEM # 31853
Councilman Balko referenced copies of the proposed fence ordinance distributed
to Members of City Council.
BY CONSENSUS, the item will be SCHEDULED for a BRIEFING by Robert Loher,
Director of Permits and Inspections, at the City Council Meeting of October 23,
1989.
ITEM # 31854
Councilman Balko expressed concern over three (3) trees of approximately 4
inches caliper on the median strip, which were pushed down.
ITEM # 31855
Councilman Perry inquired if street signs were checked and replaced when same
had fallen. Mayor Oberndorf advised employees of Traffic Engineering and Public
Works do check; however, the City Manager has forwarded numerous memorandums
requesting all Members of City Council, as well as, the professional staff
inform him of such occurrences when observed.
Councilman Baum advised a favorite activity seems to be twisting signs around.
ITEM # 31856
Councilman Moss requested if it is possible to identify the value of easements
and if other communities have devised a method to determine this value. The
City Attorney will advise and evaluate this process in other jurisdictions.
ITEM # 31857
Councilman Moss referenced the "TURN OF THE CENTURY STRATEGIC PLANNING
COMMITTEE" Meeting. At the last meeting, the Committee recommended to the
School Board localities need additional sources of revenue to finance school
construction and operating expenses, as well as State participation in
construction. The Committee will be writing letters to the Members of the
General Assembly delegation to participate in discussions of this particular
issue relative financing of infrastructure and quality, as well as proposed
recommendations. Delegate McClanan has been in attendance several times during
these sessions.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31858
Councilman Baum referenced Ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia relative 23-48 re open storage of junk;
Section 23-50 re accumulations of trash, garbage, etc., and excessive growth of
weeds or grass; and, Section 23-50.1 re removal of diseased, etc., trees. (See
Item TV-F.2 (g,h,i) of the CONSENT AGENDA. Councilman Baum advised Section (3)
of the Ordinance relative accumulations of trash, garbage, etc., and excessive
growth of weeds or grass states- "The provisions of this section shall not
apply to any parcel of land greater than one acre in size and which is located
in an agricultural zoning district and used principally for agricultural or
horticultural purposes". The Ordinances relative open storage of junk and
removal of diseased, etc. trees, should also contain this caption. Councilman
Baum requested the City Staff check with a representative of the Department of
Agriculture. The landowner should not be held responsible.
The City Manager advised he would respond to Councilman Baum's concerns.
ITEM # 31859
Councilman Perry referenced Mrs. Powell in the Bayside Borough. Her land was
platted in 1920. The City is taxing her on two lots; however, the are saying
she can utilize only one lot. The City Manager and City Attorney will
investigate.
6 -
ITEM # 31860
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, October 2, 1989, at 12:18 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 7 -
ITEiM # 31861
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. 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 2.1-344(A)
(1). (1) City Appointive Boards and Commissions; (2) Appointment of City
Attorney; (3) Appointment of Commission to study Labor Day Activities
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). (1) Burgess v.
City of Virginia Beach.
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara NI. Henley, Reba
S. McClanan, John D. Moss, liayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 2, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
October 2, 1989, at 2:00 P.M.
Council @lembers Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
INVOCATION: Reverend George Sweet
Atlantic Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Councilman Heischober had to leave the Formal Council Session to attend a
funeral.
9
Item IV-D.l.
CERTIFICATTON OF
EXECUTIVE SESSION ITEM 31862
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
CPRTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: 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 Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council voted to proceed
into EXECUTIVE SESSION to consider:
1. 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. 1-344(A) (1). (1) City Appointive Boards and Commissions; (2)
Appointment of City Attorney; (3) Appointment of Commission to study Labor Day
Activities.
2. IYGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants
or attorneys, pertaining to actual or probable litigation, or other specific legal matters
requesting the provision of legal advice by counsel pursuant to Section 2. 1-344 (A) (7).
(1) Burgess v. City of Virginia Beach.
VOTE: 11-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Sr.
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the Meeting:
None
4th Hodgeig Smith, CMC/AAE
City Clerk
- 10 -
Item IV-E.I.
MINUTES ITEM # 31863
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of September 18, 1989,
which encompassed the RECONVENED EXECUTIVE SESSION of September 19, 1989.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor @leyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John D. Moss and William D. Sessoms, Jr. ABSTAINED on
the portion of the Minutes which encompassed the
RECONVENED EXECUTIVE SESSION of September 19, 1989, as
they were not in attendance.
Council @lembers Absent:
Harold Heischober
Item TV-E.I.
MINUTES ITEM # 31864
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED the MINUTES for the SPECIAL FORMAL SESSION of September 19, 1989.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council 14embers Voting Nay;
None
Council Members Abstaining:
John D. Moss and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
Council Members Moss and Sessoms ABSTAINED, as they were not in attendance
during the SPECIAL SESSION of September 19, 1989.
- 12 -
Item IV-F.l.
RESOLUTION/ORDINANCES ITEM # 31865
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Resolution directing the Planning Commission to
consider and make recommendation as to whether
Bingo Halls should be allowed as a Conditional Use
in the B-4, I-I and 1-2 Districts.
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Mayor Meyera E.
Oberndorf, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, John D. Moss and Nancy K. Parker
Council Members Absent:
Harold Heischober
1 A RESOLUTION DIRECTING THE PLANNING
2 COMMISSION TO CONSIDER AND MAKE
3 RECOMMENDATION AS TO WHETHER BINGO
4 HALLS SHOULD BE ALLOWED AS A CONDI-
5 TIONAL USE IN THE B-4, I-1, AND I-2
6 DISTRICTS
7
8
9 WHEREAS, in the B-4, 1-1, and I-2 industrial zoning
10 districts, bingo halls are not allowed;
11 WHEREAS, the Council is of the opinion that the
12 Planning Commission should consider and make recommendation as to
13 whether bingo halls should be allowed as a conditional use in the
14 B-4, I-1, and I-2 districts.
15 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE
16 CITY OF VIRGINIA BEACH, VIRGINIA:
17 That the Planning commission is hereby directed to
18 consider and make its recommendation to the City Council as to
19 whether bingo halls should be allowed as a conditional use in the
20 B-4, I-1, and I-2 industrial zoning districts.
21 Adopted this 2 day of October 1989, by the
22 Council of the City of Virginia Beach, Virginia.
23
24
25 GLF/ils
26 09/15/89
27 09/25/89
28 \ordin\noncode\bingo.res
29 CA-89-3490
- 13 -
Item TV-F.2.
RESOLUTION/ORDINANCES ITEM # 31866
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-33 of
the Code of the City of Virginia Beach, Virginia;
and, ADD Section 21-33.1 re Motor Vehicles and
Traffic Code.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harold Heischober
APPRCVED AS To LIGAL
r
ORDINANCE TO AMEND AND REORDAIN
E CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY AMENDING SECTION
4 21-33 AND ADDING SECTION 21-33.1,
5 PERTAINING TO MOTOR VEHICLES AND
6 TRAFFIC CODE
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That the Code of the City of Virginia Beach, Virginia, is
10 hereby amended and reordained by amending Section 21-33 and adding
11 Section 21-33.1 to read as follows:
12 Section 21-33. Riding on portion of vehicle not intended for
13 passengers.
14 (a) No person shall ride on any vehicle upon any portion
15 thereof not designed or intended for the use of passengers. This
16 provision shall not apply to any employee engaged in the necessary
17 discharge of a duty or to persons riding within truck bodies in
is space intended for merchandise, provided, that the operator of any
19 open-bed truck shall not i)ermit any i)erson under the age of
20 sixteen (16) years to ride in the open Portion thereof.
21 (b) Any person violating this section shall be guilty of a
22 Class 4 misdemeanor.
23 Section 21-33.1. Occupants of vehicles recruired to use safety
24 belts.
25 (a) Each person at least sixteen (16) years of age and
26 occupying the front seat of a motor vehicle ecruipped or recruired
27 by the Virginia motor vehicle code to be ecruipped with a safety
28 belt system, consisting of lap belts, shoulder harnesses,
29 combinations thereof or similar devices, shall wear the
30 alppronri;ite -,afetv belt system at all times whi.Le such motor
31 vehicle is in motion on any Public highway, except that a child
32 under the age of four (4) years shall be protected as recruired by
33 the applicable provisions of the Virginia motor vehicle code.
34 (b) Each driver of a motor vehicle equipped or recruired by
35 the Virginia motor vehicle code to be eguipped with a safety belt
36 system who is transporting a child at least four (4) years of age,
.37 but less than sixteen (16) years of age, in the front seat of such
38 motor vehicle shall cause such child to wear the api3rol)riate
39 safety belt system.
40 (c) This section shall not apply to:
41 (1) Any iperson for whoin a licensed physician determines
42 that the use of such safety belt would be
43 impractical by reason of such person's physical
44 condition or other inedical reason, provided the
45 person so exempted carries on his person or in the
46 vehicle a signed written statement of the physician
47 identifying the exeinpted r)erson and stating the
48 grounds for the exemption or
49 (2) Any law-enforcement officer transt)orting persons in
50 custody or traveling in circumstances which render
51 the wearing of such safety belt system impractical;
52 or
53 (3) Any iperson while operat ng a motor vehicle and
54 performing the duties of a rural inail carrier for
55 the United States Postal Service; or
56 (4) Any person overatincr a motor vehicle and performinct
57 the duties of a rural newspal)er route carrier,
58 newspaper bundle hauler or newspaper rack carrier,
59 or drivers of taxicabs; or
60 (5) Personnel of commercial or municiioal vehicles while
61 actually engaged in the collection of delivery of
62 goods or services, including but not limited to
63 solid waste, where such collection or delivery
64 recnlires the personnel to exit and enter the cab of
65 the vehicle with such freauency and regularity as
66 to render the use of satety belt systems
67 impractical and the safety benefits derived
68 therefrom insignificant. Such personnel shall
69 resume the use of safety belt systems when actual
70 colledtion or delivery has ceased or when the
2
71 vehicle is in transit to or from a point of final
.72 disi)osition or disposal, including but not limited
7 3 to solid waste facilities, terminals, or other
74 locations where the vehicle may be lprincipally
75 garaged; or
76 (6) Any Person operatincf a motor vehicle and t)erformincr
77 the duties of a utility meter reader; or
78 (7) Police or sheriff's department Personnel operating
79 motor vehicles to enforce laws governing motor
80 vehicle oarking,
81 (d) Any Person who violates this section shall be sublect to
82 a civil lpenalty of twenty-five dollars ($25.00) to be paid into
83 the city treasury. No assignment of points shall be made under
84 the Virginia Driver Improvement Act and no court costs shall be
85 assessed for violations of this section.
86 (e) A violation of this section shall not constitute
87 negligence, be considered in mitigation of damages of whatever
88 nature, be admissible in evidence or be the sublect of cotnment by
89 counsel in any action for the recovery of damages arising out-of
90 the operation, ownershiip or maintenance of a motor vehicle, nor
91 shall anything in this section change any existing law, rule or
92 procedure pertaining to any such civil action.
93 (f) A violation of this section may be charcred on the
94 uniform traffic summons form.
95 (cr) No citation for a violation of this section shall be
96 issued unless the officer issuing such citation has cause to stop
97 or arrest the driver of such motor vehicle for the violation of
98 some other provision of this code or the Code of Virginia relating
99 to the operation, ownership, or maintenance of a motor vehicle or
100 any criminal statute.
101 Adopted by the Council of the City of Virginia Beach,
102 Virginia on Second day of October 1989.
103 WEB/lmt
104 08/22/89
105 CA-03443
106 \ordin\proposed\21-033et.pro
3
- 14 -
Item TV-G.
CONSENT AGENDA ITEM # 31867
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPRovED i. ONE MOTTON Items 1, 2 (a-i), 3 4, 5, 6, 7, 8 and 9 of the CONSENT
AGENDA.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 15 -
Item IV-G.1
CONSENT AGENDA ITEM # 31868
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 21 of the
Code of the City of Virginia Beach, Virginia re
Motor Vehicle and Traffic Codes.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
APPROVED A@ IU (-UN I LN I Z,
SIGN@RE
DEPARTMENT
APPROVED AS TO LEGAL
@t" ANDFORM
V/
AN ORDINANCE TO AMEMD AND REORDAIN
2 EITY ATTORNEY SECTION 21 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO MOTOR VEHICLE AND
5 TRAFFIC CODES.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 21 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordain6d to read as follows:
10 Section 21-2. Definitions.
11 The following words and phrases, when used in this chapter, shall,
12 for the purpose of this chapter, have the meanings respectively
13 ascribed to them in this section, except in those instances where
14 the context clearly indicates a different meaning: . . .
15 Owner: A person who holds the legal title of a vehicle or,
16 in the event a vehicle is the subject of an agreement for the
17 conditional sale or lease thereof with the right of purchase upon
18 performance of the conditions stated in the agreement and with an
19 immediate right of possession vested in the conditional vendee or
20 lessee, or in the event a mortgagor of a vehicle is entitled to
21 possession, then such conditional vendee or lessee or mortgagor
22 shall be deemed the owner for the purpose of this chapter, except
23 that in all such instances when the rent paid by the lessee
24 includes charges for services of any nature or when the lease does
25 not provide that title shall pass to the lessee upon payment of
26 the rent stipulated, the lessor shall be regarded as the owner of
27 such vehicle and the vehicle shall be subject to such requirements
28 of this chapter as are applicable to vehicles operated for
29 compensation; provided, however, that a "truck lessor," as defined
30 in Code of Virginia, seetion 46.1 (36), section
31 46.2-100, shall be regarded as the owner and his vehicles shall be
32 subject to such requirements of this chapter as are applicable to
33 vehicles of private carriers . . . .
34 School bus: Any motor vehicle, other than a station wagon,
35 automobile, truck or commercial bus, which is:
36 (1) designed and used primarily for the transportation of pupils
37 to and from public, private or parochial schools, or used for
38 the transportation of the mentally or physically handicapped
39 to and.from a sheltered workshop; and
40 (2) painted yellow and bearing the words "School Bus" in black
41 letters of a specified size on the front and rear; and
42 (3) equipped with warning devices e as prescribed in Code of
43 Virginia, section 46.1 28:?. 46.2-1090. School buses
44 manufactured prior to July 1, 1974, may continue to have the
45 words "Stop, State Law" in black letters of specified size on
46 the front and rear . . . .
47 Section 21-4. Additional penalties penalty for four convictions of
48 certain offenses. in ten years.
49 (a) if any persen, having been eenvieted three (3) times ef
50 any effense or effenses set Eerth below, within a perieel of @
51 (10) years, 1- -1- ... .eted ef any e..- -.-E sueh affenses within
52 stieh ten (19) year peried, he shall, in aeldition he bhe penal@
53 etherwise prescribed by law far sueh offense, be Eined not le@
54 hhan one hundred ele!3:ars ($3:00.00) nor mere than one theuganel
55 dellars ($1,000.09) and eeneined in jail net leas than three (3+
56 months ner mare than tsoel:ve (12) menths. 'Phe eff-enses f-or@
57 fourth convietien ef whieh sueh penalt -...losed are the
58 following; Viel:atiens %iithin this gtate of 5eetions (3:8.2 26-6-r
59 46.1 !?6, 46.1 191 and 46.1 350, eecle of Virejinia, tiibhin the city
60 ef seetiens 21 273, 21 313, 21 336 and 21 496 ef this ehapter, or
61 ef any similer arelinanee eE any ceunty, eity er boson in the state,
62 and faanslaughtei- invel:ving the operatien of a fneter vehie3:er
63 veluntary er -nvolentary, previded, he%oever, tha#! for the ptilposeff
64 ef this seetien, where mere t!han one manslaughter eenvietieft
65 resttits from --b than enly the Eirst stieh
66 eanvietien shall eenstibute an efeense
67 (b) in additien te the penalties set forth in subgeetion (a)
68 abeve, if an, -onvieted of a fourth effense as thereift
2
69 provided, the court in ithieh sueh eanviet!ien is had sha3:1 rev@
70 the operater's of ehauffeur's lieemse of sueh person Fer a Perled
71 ef five (5) years.
72 If any person is convicted of a fourth offense as provided in
73 sections 18.2-266, 46.2-301, 46.2-865, 46.2-894 or 46.2-895, Code
74 of Virginia, or sections 21-273, 21-313, 21-336 or sections 21-
75 273, 21-313, 21-336 or 21-496 oE this chapter, or any similar
76 offense of any county, city or town in Virginia, the court in
77 which the conviction is held shall revoke his driver's license for
78 five years.
79 Section 21-11. Traffic school for violators.
80 A judg6 of any court hearing cases in the city may, upon a
81 finding of guilty in any traffic case, require attendance of an
82 offender at a traffic school, conducted or certified by the
83 department of motor vehicles, as provided in section 46.1 3;6.1
84 46.2-1314 of the Code of Virginia. No person, not a resident of
85 the city, shall be required to attend such school. Attendance at
86 such school may be in lieu of or in addition to any penalty
87 prescribed by law, and failure to comply with an order of the
88 court to attend such school shall be punishable as a contempt of
89 such court.
90 Section 21-12. General powers of city manager relative to traffic.
91 The city manager shall have final authority over the
92 management and direction of all vehicular and pedestrian traffic
93 in the city and of the parking and routing of vehicles in the
94 interest of the public safety, comfort and convenience, not
95 inconsistent with the provisions of this chapter and title 46.1
96 46.2 of the Code of Virginia. He may cause appropriate signs to
97 be erected and maintained, designating residence and business
98 districts, school, hospital and safety zones, highways and
99 interurban railway crossings, turns at intersections, traefic
100 lanes and such other signs as may be necessary to carry out the
101 provisions of this chapter. He shall have power to regulate
102 traffic by means oE traffic oeficers or semaphores or other
3
103 signaling devices on any portion of the highway where traffic is
104 heavy or continuous or where, in his judgement, conditions may
105 require. He may adopt any such regulations, not inconsistent with
106 the provisions of this chapter, as he shall deem advisable and
107 necessary, and repeal, amend or modify any such regulation;
108 provided, however, that such regulations shall not be deemed to be
109 violated if, at the time of the alleged violation, any sign or
110 designation required under the terms of this chapter is missing,
ill effaced, mutilated or defaced, so that an ordinary observant
112 person, under the same circumstances, would not be apprised of or
113 aware of the existence of such regulations.
114 Section 21-21. Vehicle motor numbers and identificatio'n numbers.
115 (a) It shall be unlawful for any person to sell, or to
116 operate upon any highway in this city, any motor vehicle which
117' does not have stamped upon or cut into the motor thereof the motor
118 number or which does not bear a permanent serial or other
119 identification number assigned thereto by the manufacturer or by
120 the commissioner, or any trailer or semitrailer which does not
121 bear a permanent serial or other identification number assigned
122 thereto by the manufacturer thereof or by the commissioner. Such
123 number shall be stamped, cut, embossed or attached in such a
124 manner that it cannot be changed, altered or removed without
125 plainly showing evidence which would be readily detectable or
126 which would destroy the attached plate. Such number shall be die
127 stamped, cut or embossed into or attached to a permanent part of
128 the vehicle which is easily accessible for checking or
129 verification.
130 (b) Nonresident owners who are permitted to operate motor
131 vehicles, trailers or semitrailers without registration, under the
132 registration provisions relating to nonresidents contained in Code
133 of Virginia, sections 46.1 131 through 46.1 139 46.2-601 and 46.2-
134 655 through 46.2-661, shall not be required to comply with the
135 provisions of this section before operating a motor vehicle,
136 trailer or semitrailer upon the highways of this city.
4
137 Section 21-22. Inspection of vehicles generally.
138 (a) When the superintendent compels, by proclamation of the
139 governor or otherwise, the owner or operator of any motor vehicle,
140 trailer or semitrailer operated upon the highways within this
141 state to submit such vehicle to an inspection of its mechanism and
142 equipment by an official inspection station designated for that
143 purpose, any owner or operator of any such motor vehicle, trailer
144 or semitrailer operated upon the highways of this city, who fails
145 to submit such motor vehicle, trailer or semitrailer to such
146 inspection, or who fails or refuses to correct or have corrected,
147 in accordance with the requirements of this chapter or of state
148 law, any mechanical defects found by such inspection to exist,
149 shall be gu-ilty of a traffic infraction and each day' that such
150 motor vehicle, trailer or semitrailer is operated over any highway
151 of the city after failure to comply with this section shall
152 constitute a separate offense.
153 (b) The penalty provided for violation of this section shall
154 not be imposed upon any owner or operator for operation of a motor
155 vehicle, trailer or semitrailer after the expiration of a period
156 fixed for the inspection thereof, over the most direct route
157 between the place where such vehicle is kept or garaged and an
158 official inspection station, for the purpose of having the same
159 inspected pursuant to a prior appointment with such station for
160 such inspection.
161 (c) ' The provisions of this section shall not apply to any
162 vehicle for transporting well-drilling machinery licensed under
163 section 46.4: ]:56 46.2-700 of the Code of Virginia, or to any
164 vehicle, as defined under section 46.1 !(!Sa) 46.2-105 of the Code
165 of Virginia, and licensed pursuant to section 46.1 104 46.2-730 of
166 the Code of Virginia.
167 Section 21-26. Records and insurance required of persons renting
168 motor vehicles without drivers.
169 (a) Every person engaged in the business of renting motor
170 vehicles without drivers, who shall rent any such vehicle without
171 a driver, otherwise than as a part of a bona fide transaction
5
172 involving the sale of such motor vehicle, shall maintain a record
173 of the identity of the person to whom the vehicle is rented and
174 the exact time the vehicle is the subject of SUCH rental or in
175 possession of the person renting and having the use of the
176 vehicle. Every such record shall be a public record and open to
177 inspection by any person damaged as to his person or property by
178 the operation of the vehicle or by any member of the police
179 department in the discharge of his duty. Any person who has been
180 damaged as to his person or property may require a production of
181 such written record upon application in person or by his duly
182 authorized agent or attorney. Whenever any motor vehicle shall be
183 rented for a period in excess of thirty (30) days, the owner or
184 agent shall-furnish the commissioner with a record of ehe name and
185 address of the person to whom such vehicle is rented and the date
186 on which such rental is to terminate. A like record shall be
187 furnished to the commissioner on each renewal of any such rental.
188 (b) It shall be unlawful for any such person who shall rent
189 a motor vehicle as provided in this section to fail to make or
190 have in possession, or to refuse an inspection of, the record
191 required in this section.
192 (c) The owner shall use such forms for the keeping of the
193 record provided for in this section as shall be prescribed by the
194 commissioner or by the city manager.
195 (d) No person engaged in the business of renting automobiles
196 and trucks without drivers shall rent any such vehicle without a
197 driver unless such vehicle is an insured motor vehicle, as defined
198 in section 46.2-705 of the Code of Virginia. A
199 violation of this subsection shall constitute a misdemeanor.
200 Section 21-27. Notice to be given by retailers to purchasers of
201 motorcycles, motorbikes and similar vehicles.
202 (a) No retailer shall sell any motorcycle, motorbike,
203 minibike or other similar vehicle propelled or drawn by power,
204 other than muscular power, unless the following notice is given to
205 the buyer at the time of the sale and the retailer requires the
@@206 buyer to sign two (2) copies of such notice, one of which shall be
6
207 retained by the retailer and displayed to any authorized officer
208 or employee of the city on request, and the other copy of which
209 shall be given to the buyer:
210 NOTICE TO BUYER
211 Under the ordinances of the City of Virginia Beach, Virginia,
212 motorcycles, motorbikes, minibikes and other similar vehicles
213 may not be operated on the streets, alleys or highways in the
214 City of Virginia Beach unless they are equipped and operated
215 in the manner required by the ordinances of the City of
216 Virginia Beach and the laws of the State of Virginia,
217 particularly by provisions of title 46.1 Title 46.2, Code of
218 Virginia, including requirements that such vehicle be
219 registe-red and licensed by the ddivision of mmotor@ vVehicles
220 and that the operator of any such vehicle rated at more than
221 two brake horsepower have in his possession a valid motor
222 vehicle operator's license issued to him by the ddivision of
223 mmotor cvehicles.
224
225 Date of Notice Signature of Buyer
226
227 Name of Retailer
228 (b) Whoever violates the provisions of this section shall be
guilty of a Class 1 misdemeanor.
230 Section 21-47. Sale of vehicle without having certificate of
231 title.
232 Except as provided in section 43-34 of the Code of Virginia,
233 any person who shall sell, trade, exchange or barter a motor
234 vehicle, trailer or semitrailer in this city, without first having
235 secured a certificate of title therefor or without legally having
236 in his possession a certificate of title therefor issued to the
237 owner thereof; except as otherwise provided in this chapter, or in
2138 title 46.1 Title 46.2 of the Code of Virginia, shall be guilty of
2j9 a traffic infraction.
240 Section 21-48. Purchasing vehicle from vendor who does not have
241@ll certificate of title.
7
242 Any person who shall purchase, trade, exchange or barter for
243 a motor vehicle, trailer or semitrailer in this city, knowing or
244 having reason to believe that the vendor thereof has not secured
245 a certificate of title, or knowing or having reason to believe
246 that the vendor thereof does not legally have in his possession a
247 certificate of title therefor issued to the owner thereof, except
248 as otherwise provided in this chapter or in title 46.1 Title 46.2
249 of the Code of Virginia, shall be guilty of a traffic ineraction.
50 Section 21-53. Unlawful possession of certificate of title issued
51 to another.
52 It shall be unlawful and constitute a misdemeanor for any
53 person in this city to have in his possession a certificate of
54 title issued 'by the commissioner to a person other than the holder
255 thereof, unless and until the certificate oE title has been duly
56 assigned to the holder as provided in title 46.1 Title 46.2 of the
57 Code of Virginia. This section shall not apply to parties who
58 legally hold such certificates of title.
59 Section 21-55. Operation of vehicle with gross weight exceeding
60 that for which it is registered and licensed.
61 (a) It shall be unlawful for any person to operate or to
62 permit the operation of any motor vehicle, trailer or semitrailer
63 for which the Eee for registration and license plates is
64 prescribed by the Code of Virginia, section 46.1 154 46.2-697, on
65 any highway of this city, if, at the time of such operation, the
66 gross weight of the vehicle, or of the combination of vehicles of
67 which it is a part, is in excess of the gross weight on the basis
68 of which it is registered and licensed; provided, that in any case
69 where a pickup truck is used in combination with another vehicle,
70 operation shall be unlawful only if the combined gross weight
71 exceeds the combined gross weight on the basis of which each
72 vehicle is registered and licensed.
73 (b) Any officer authorized to enforce the motor vehicles
74 laws, having reason to believe that the gross weight of any motor
75 vehicle, trailer or semitrailer being operated on any highway of
76 this city exceeds that on the basis of which such vehicle is
8
277 registered and licensed, is authorized to weigh the same by such
278 means as the superintendent may prescribe and the operator, or
279 other person in possession of such vehicle, shall permit such
280 weighing whenever requested by such officer.
81 (c) Any person who violates any provision of this section
82 shall be guilty of a class two misdemeanor. and, upen eanvietion
83 thereef, shall be punished by a Eine ef net less than ten dollars
84 ($3:9.09) naL mare than five hundred del:]:are ($500.00), OL- by,
85 eenfinement in jail fer not more than six (6) menths, or by b
86 atteh fine and eenfinement.
87 (d) As used in this section, the term "gross weight" means
88 the aggregate weight of a vehicle or combination of vehicles and
89' its load.
90 Section 21-73. Exemptions.
91 No person shall be required to pay the tax prescribed by this
92 article on any vehicle for which an annual registration
93 certificate and license is not required by title 46.1 Title 46.2
94 of the Code of Virginia, on any vehicle specifically exempt under
95 the provisions of section 46.3: 66 46.2-755 of the Code of
96 Virginia, or on any vehicle owned solely by a person in active
97 military service, who is in the city solely by reason of military
98 orders and who has a legal residence in a state other than
99 Virginia; provided, however, that every person claiming an
00 exemption under this section who owns and operates a motor
01 vehicle, trailer or semitrailer which is normally garaged within
02 the boundaries of the City and who lives within the boundaries of
03 the City must still obtain a license under this article. Upon
04 presentation to the city treasurer of proof that the owner of a
05 vehicle is exempted under this section, the treasurer is
06 authorized to issue to such owner a city license plate or decal
07 for identification purposes. No fee shall be charged for such
08 issuance. In the event that the status of the owner of the
09 vehicle changes so as to no longer qualify the vehicle for the
10 exemption provided herein, the owner shall forthwith remove from
9
311 the vehicle the license plate or decal which was issued Eor
312 identification,and shall return same to the city treasurer within
313 ten (10) days of the date of such change in status, and shall
314 comply with all other provisions of this article.
315 Section 21-104. Trademark or name and instructions for equipment.
316 Each device, glass or other equipment mentioned in section
317 21-102 offered for sale in this city shall bear thereon a
318 trademark or name or be identified in keeping with the
319 superintendent's regulations and shall be accompanied by printed
320 instructions as to the proper mounting, use and candle power of
321 bulbs, if any, to be used therewith and any particular methods of
322 mounting or adjustments necessary to meet the requirements of this
323 chapter, bible 46.1 Title 46.2 of the Code of Virginia and any
324 rule or regulation of the superintendent.
325 See. 21 112. Equipntent for vehieles hired be transperb ehildren to
326 or frefo seheol, eafnp, ete.
327 Any private individual, earperatien er eivie, eharitable er
328 eleefeesynary organization, fer the purpose ef branspertincj
329 ehil:dren be or f-rem seheol, eafnp or any other plaee during afty
330 part of bhe year, may eentraet to hire meter vehiei--
331 as regular sehool buses, having a seating eapaeity ef fnere thaft
332 fifteen (15) persens, whieh are painted yeliew, and if sueh fnater
333 vehiel:es are useel fer sueh pur-pese, they shal:l be eeluippeel ar,4
334 operated in bhe sante manner as are regular sehool buses purgua@
335 to the provislan ef this ehapter and ehapter 4 of title 46.1 e,9
336 the rzede ef Virginia.
337 Section 21-119. Signal devices.
338 (a) Any motor vehicle, trailer or semitrailer which is so
339 constructed or carries a load in such a manner as to prevent a
340 hand-and-arm signal required by section 21-237 from being visible
341 both to the front and rear of such vehicle, or any vehicle the
342 driver of which is incapable of giving the required hand-and-arm
343 signals, shall be equipped with a mechanical or electrical signal
344 device which meets the requirements of the state law and is of a
10
345 type that has been approved by the superintendent; provided, that
346 a tractor truck need not be equipped with mechanical or electrical
347 signal devices on the rear, if it is equipped with double-faced
348 signal lamps mounted on the front fenders or on the sides near the
349 front of the vehicle clearly visible to the rear.
350 (b) It shall be unlawful for any person to operate on any
351 highway in the city a motor vehicle registered in this state and
352 manufactured or assembled after January 1, 1955, unless such
353 vehicle is equipped with such a mechanical or electrical signal
354 device on both front and rear.
355 (c) Subsections (a) and (b) of this section shall not apply
356 to any motorcycle or to motor vehicles, trailers or semitrailers
357 used for agricultural or horticultural purposes which aie exempted
358 from annual registration under sections 46.1 45 46.2-663 through
359 46.2-674 of the Code of Virginia.
360 (d) Every device intended and used to give a signal of
361 intention to turn a vehicle shall be so constructed and so
362 installed as to give a signal plainly visible, in clear weather
363 and under normal traffic conditions, from a distance of at least
364 one hundred (100) feet to the rear and one hundred (100) feet to
365 the front of the vehicle; provided that, no front signal shall be
366 required on vehicles manufactured or assembled before January 1,
367 1943. Every such device shall conform to the rules and
368 regulations adopted by the @Superintendent pursuant to section
369 46.! 299 46.2-1039 of the Code of Virginia.
370 Section 21-129. Enclosure to prevent escape of contents.
371 No vehicle shall be operated or moved on any street or highway
372 in the city unless such vehicle is so constructed, maintained and
373 loaded as to prevent its contents from dropping, sifting, leaking
374 or otherwise escaping therefrom, including covering or otherwise
375 securing material susceptible to falling or being blown from the
376 vehicle; provided, however, that no provision of this section shall
377 apply to:
378 (1) Any motor vehicle which is used exclusively for agricultural
379 purposes and which is not operated on or over any public
380 highway for any other purpose other than for the purpose of
381 operating it across a highway or along a highway from one
382 point of the owner's land to another part thereof irrespective
383 of whether or not the tracts adjoin;
384 (2) Any agricultural vehicle, tractor or other vehicle exempted
385 from registration and licensing requirements pursuant to code
386 of Virginia seetion 46.1 45, sections 46.2-662, et seq; or
387 (3) Any motor vehicle transporting poultry, livestock-r or
388 agricultural products.
389 SL-ction 21-141. General requirements.
390 (a) Every vehicle operated or moved upon a highway within
391 this city shall at all tl:mes be equipped with such lamps as are
392 required by this division for different classes of vehicles, which
393 lamps shall at all times be capable of being lighted, except as
394 herein otherwise provided. This subsection shall not apply to any
395 vehicle for transporting well-drilling machinery licensed under
396 section 46.1 156 46.2-700 of the Code of Virginia, when operated
397 only between the hours of sunrise and sunset.
398 (b) No motor vehicle shall be operated on any highway in the
399 city when such vehicle is equipped with any lighting device other
400 than lamps required or permitted in this division or in title 46.1
401 Title 46.2 of the Code of Virginia, or required or approved by the
402 asuperintendent, or required by the federal ddepartment of
403, ttransportation.
404 Section 21-179. Brakes on trailers and other towed vehicles.
405 (a) Every semitrailer or trailer or separate vehicle attached
406 by a drawbar, chain or coupling to a towing vehicle, other than a
407 farm tractor or a vehicle not required to obtain an annual
408 registration certificate for license plates under seetien 46.1 @
409 sections 46.2-663 through 46.2-674 of the Code of Virginia, and
410 having an actual gross weight of three thousand (3,000) pounds or
411 more, shall be equipped with brakes controlled or operated by the
12
412 driver of the towing vehicle which shall conform to the
413 specifications set forth in section 21-177 and shall be of a type
414 approved by the superintendent; provided, however, that farm
415 tractors used exclusively for hauling raw agricultural produce from
416 farm to farm or farm to packing shed or processing plant, within
417 the normal growing area of such packing shed or processing plant,
418 and trailers or semitrailers drawn by a properly licensed motor
419 vehicle which are exempt under the provisions of section 46.3: 45(h)
420 46.2-672 of the Code of Virginia, shall be exempt from the
421 requirements of this section.
422 (b) "Gross weight," for the purpose of this section, includes
423 the load upon such semitrailer, trailer or separate vehicle.
424 (c) Thks section shall not apply to any vehicle being towed
425 for repairs or repossession or in a bona fide emergency, or being
426 moved by a wrecker when two (2) wheels of the towed vehicle are off
427 the ground.
428 Section 21-201. Maximum weight generally.
429 The maximum gross weight and axle weight to be permitted on
430 the road surface of any highway in the city shall be in accordance
431 with the provisions of Code of Virginia, sectien 46.1 sections
432 46.2-1122 through 46.2-1127.
433 Section 21-202. Exception to section 21-201.
434 (a) The provisions of section 21-201 shall not apply to a
435 vehicle designed for towing disabled vehicles, when towing such a
436 vehicle in an emergency in such manner that a part of the combined
437 weight of the two (2) vehicles rests upon an axle or axles of the
438 towing vehicle, provided the towed and towing vehicles each are
439 within the weight limits prescribed in Code of Virginia, section
440 46.1: 339 sections 46.2-1122 through 46.2-1127. The provisions of
441 this section shall not be construed to permit the violation of any
442 lawfully established load limit on any bridge.
443 (b) For the purpose of this section, an "emergencyll shall
444 include towing disabled inoperative vehicles to places designated
445 by the owners thereof.
13
446 Section 21-204. Temporary reduction of weight limit.
447 (a) The city manager may make, promulgate and enforce rules
448 and regulations decreasing the weight limits prescribed in seetien
449 46.1 339 sections 46.2-1122 through 46.2-1127 of the Code of
450 Virginia, for a total period not to exceed ninety (90) days in any
451 calendar year, when an engineering study discloses that operation
452 of vehicles over highways or streets under the jurisdiction of the
453 city, by reason of deterioration or rain, snow or other climatic
454 conditions, will seriously damage such highways or streets unless
455 such weights are reduced.
456 (b) In all instances where the limits for weight have been
457 reduced by the city manager pursuant to this section, signs stating
458 the weight permitted on such highway or street shall be erected at
459 each end of the section of highway or street affected and no such
460 reduced limits shall be effective until such signs have been
461 posted.
462 (c) It shall be unlawful for any person to operate a vehicle
463 or combination of vehicles over or upon any highway, street or
464 section thereof when the weight exceeds the maximum posted by
465 authority of the city manager pursuant to this section.
466 (d) Any person convicted of a violation of any provision of
467 this section shall be punished by a fine of not less than ten
468 dollars ($10.00) nor more than five hundred dollars ($500.00), or
469 be confined in jail for not less than one (1) day nor more than six
470 (6) months, or both, 'and the vehicle or combination of vehicles
471 involved in such violation may be held upon an order of the court
472 until all fines and costs have been satisfied.
473 Section 21-206. Weighing vehicles; unloading excess load.
474 (a) Any officer authorized to enforce the provisions of this
475 chapter, having reason to believe that the weight of a vehicle and
476 load is unlawful, is authorized to weigh the load and the vehicle.
477 If the place where the vehicle is stopped is ten (10) road miles
478 or less from a permanent weighing station, the officer may, and
479 upon demand of the driver shall, require the vehicle to proceed to
14
480 such station. IE the distance to the nearest permanent weighing
481 station is more than ten (10) road miles, such vehicle may be
482 weighed by wheel load weighers. Any operator who Eails or refuses
483 to drive his vehicle to such permanent weighing station or upon
484 such scales or wheel load weighers upon the request and direction
485 of the officer so to do shall be guilty of a Class 4 misdemeanor.
486 Such penalty shall be in addition to any other penalties prescribed
487 for exceeding the maximum weight permitted or for any other
488 violation.
489 (b) Should the officer find that the weight of any vehicle
490 and its load is greater than that permitted by this article or that
491 the weight of the load carried in or on such vehicle is greater
492 than that which the vehicle is licensed to carry @under the
493 provisions of $i!tA:e 46.3: Title 46.2 of the Code of Virginia, he may
494 require the driver to unload, at the nearest place where the
495 property unloaded may be stored or transferred to another vehicle,
496 such portion of the load as may be necessary to decrease the gross
497 weight of the vehicle to the maximum therefor permitted by this
498 article or state law. Any property so unloaded shall be stored or
499 cared for by the owner or operator of the overweight vehicle at the
500 risk of such owner or operator. However, notwithstanding the
501 provisions of section 21-201, should the officer find that the
502 gross weight of the vehicle and its load is within limits permitted
503 under this chapter and does not exceed the limit for which the
504 vehicle is registered, but that the axle weight of any axle or
505 axles of the vehicle exceeds that permitted under this chapter, the
506 driver shall be allowed up to one hundred twenty (120) minutes to
507 shift his load within or upon that same vehicle in order to bring
508 the axle weight or axle weights within proper limits. Such load
509 shifting shall be performed at the site where the vehicle was
510 weighed and found to exceed allowable axle weight limits. No such
511 load shifting shall be allowed if such load consists of hazardous
512 material as defined in section 18.2-278.1 of the Code of Virginia.
513 (c) If the driver of an overloaded vehicle is convicted,
514 forfeits bail or purchases an increased license as a result of such
15
i,
515 weighing under this section, the court in addition to all other
516 penalties shall assess and collect a weighing fee of two dollars
517 ($2.00) from the owner or operator of the vehicle and shall forward
518 such fee to the state treasurer, who shall allocate the same
519 pursuant to the terms of section 46.1 34? 46.2-1137 of the Code of
520 Virginia.
521 (d) In any court or legal proceedings in which any question
522 arises as to the calibration or accuracy of any such scales at
523 permanent weighing stations or wheel load weighers, a certificate,
524 executed and signed under oath by the inspector calibrating or
525 testing such device as to its accuracy as well as to the accuracy
526 of the test weights used in such test, and stating the time of such
527 test, type of tests and results of testing, shall be iadmissible
528 when attested by one such inspector who executed and signed it as
529 evidence of the facts therein stated and the results of such
530 testing.
531 Section 21-207. Liquidated damages for violation of weight limits;
532 storage, disposition, etc., of vehicle and cargo
533 involved in weight violation.
534 (a) Upen eenvietion ef any persen for vie4:atien of any steight
535 limit as previded in this artiele or in any permit .----d by the
536 state highsoay and transpertation eemmission er the eity nta"
.3
537 pursuant te seetien 46.1 3.- er seetien 46.1 343.1 ef the C-ade ef
538 Virginia er seetion 21 295 ef this ehapter, the e--.b -f@
539 reasenable notiee, assess the a%iner, eperater or ei!her perseff
540 causing the eperatien ef- sueh evel$ieight vehiele 3:ieluidated
541 damages, for a first vielatien, in the afneunt ef twe eents ($0.02@
542 peL pound f-or eaeh peund ef emeess weight ever the pi-eseribed limil-
543 in this ehapter when the emeess does net- emeeed tsfe theugand five
544 hundred (2,500) peunds, the eeurt shall, upen sueh eenvietien an@
545 after reasenable notiee, agsess sueh person liquidated damages in.
546 the ameunt ef twe eents ($0.02) per ped..- -
E--MEI ef e5eeess
547 weight ever the peeseribed limit in this ehapter Per a secend @
548 subsequent everweight vie3:atien siithin any three year peried ithere
549 sueh second er subsequent vielation is f-er an elfeess weiejht whicit
16
550 is jess than twe thousand five htindred (2,500) peund-
551 ease sohen t!h - ------ -- greater t!han t!we bheusand E-Ive httndred
552 (2,590) pounels and dees not emeeed five thettsand (5,009) pound@
553 five cents ($0.05) per pound for eaeh peend of emeess axle weiejht
554 ever the prescri6ed lifnib in any permit isstied pursuant be sectieft
555 46.1 343 er seeblett 46.1 343.1 oE the Gede ef Virginia er seetion
556 21 205 or this ehapter i?hen sueh emeess is fnere #!han f-ive thetigana
557 (5,099) pounds, and ten cents ($0.10) per pound for eaeh patina of-
558 emeess gress weight ever the preseribed lifnit in any permit isatteel
559 puratiant to seetion 46.1 343 er seetien 46.1 343.1 e@ the rzef3e of
560 Virginia er seetien 21: 205 ef this ehapter, previdefl, hetoever-r
561 whenever any vehiele dees not emeeeel the gross weight perfnitted
562 aecordinej be.the table plevieled in seetien 46.3: 339 of @he eede ef-
563 Virejinia and emeeeds the axle weight preseribed in this artiele e@
564 by si!ate I:att by tsoe thetisand (2,009) petinds er less, #!he eat:tLL-
565 shall assess licluidateel dafftages in the afnetint ef ene cefit ($0.01)
566 per peunel far eaeh petind ef emeess weiejht ever the preseril3ed axle
567 3:ifnit. Sueh assesgfitent sh eftbered by the eaurt! as a jttdfjmeni!
568 fer the eity, the entry ef- sehieh sha!3: eansi!itttbe a 3:ien ttpen #!he
569 everweight vehie3:e. Sueh stims shall be paid into ceurt
570 eellected I)y bhe eity atterney and for@?areled be the eity treasltfeil
571 and alleeated to the Eund appropriated fee the construetien a@
572 maintenanee ef eity highs?ays.
573 (a) Any person violating any weight limit as provided by this
574 chapter or in any permit issued either by the Virginia Department
575 of Transportation or by the city manager pursuant to this code
576 shall be assessed liquidated damages. The amount of those damages
577 shall be two cents ($.02) per pound for each pound of excess weight
578 over the prescribed limit in this article for an excess which does
579 not exceed 5,000 pounds, five cents ($.05) per pound for each pound
580 of excess weight over the prescribed limit in this article when
581 such excess is more than 5,000 pounds, two cents ($.02) per pound
582 for each pound of excess axle weight over the prescribed limit in
583 any permit issued pursuant to SS 46.2-1139 or 5 46.2-1148 of the
584 Code of Virginia when the excess is 5,000 pounds or less, five
17
585 cents ($.05) per pound for each pound of excess axle weight over
586 the prescribed limit in any permit issues pursuant to 5 46.2-1139
587 or S 46.2-1148 of the Code of Virginia, when such excess is more
588 than 5,000 pounds and ten cents ($.10) per pound for each pound of
589 excess gross weight over the prescribed limit in any permit issued
590 pursuant to S 46.2-1139 or SS 46.2-1148 of the Code of Virginia.
591 However, whenever any vehicle does not exceed the gross weight
592 permitted according to the table provided in S 46.2-1139 of the
593 Code of Virginia, and exceeds the axle weight in this article by
594 2,000 pounds or less, the liquidated damages shall be assessed in
595 the amount of one cent ($.01) per pound for each pound of excess
596 weight over the prescribed axle limit in this article. If a person
597 has no prior.violations under the motor vehicle weight'laws, and
598 the excess weight does not exceed 2,500 pounds, the general
599 district court may waive the liquidated damages against such
600 person. Except as provided by SS 46.2-1138 oE the Code of Virginia,
601 such assessment shall be entered by the court or by the Department
602 as a judgment for the Commonwealth, the entry of which shall
603 constitute a lien upon the overweight vehicle. Except as provided
604 by SS 46.2-1138 of the Code of Virginia such sums shall be paid to
605 the court or collected by the city attorney and forwarded to the
606 city treasurer and allocated to the fund appropriated for the
607 construction and maintenance of city highways.
608 (b) The charge hereinabove specified shall be in addition to
609 any other liability which may be legally fixed against such owner
610 or operator of the vehicle in question for damage to a highway or
611 bridge attributable to such weight violation.
612 (c) Any officer authorized to make arrests and weigh vehicles
613 under the provisions of this article may for a period of twenty-
614 four (24) hours without a court order and thereafter upon a written
615 order of the court either before or after conviction hold the
616 vehicle involved in an overweight violation, provided the same is
617 not registered with the division, until the amount assessed as
618 provided in this section, if after conviction, or subject to be
619 assessed, if before conviction, together with the cost of holding
18
620 or storing the vehicle, be paid, or until a bond by or on behalf
621 of the offending person is given for payment as the court may
622 direct of the amount assessed or to be assessed with surety
623 approved by the court or its clerk.
624 (d) In the event the amount assessed as provided in this
625 section is not paid or bond is not given as provided hereinabove,
626 the vehicle in the overweight violation shall be stored in place
627 of security, as may be designated by the owner or operator of the.
628 vehicle. If no place is so designated, the officer making the
629 arrest shall designate the place of storage. The owner or operator
630 shall be afforded the right of unloading and removing the cargo
631 from such vehicle. The risk and cost of such storage shall be
632 borne by the-owner or operator of such vehicle.
633 (e) If within sixty (60) days from the time of the conviction
634 for the overweight violation, the offending party does not pay the
635 assessment imposed pursuant to this section, together with the cost
636 of storing such vehicle and cargo, and if the cargo is not removed
637 as provided in this section, the vehicle and cargo shall be
638 forfeited to the city and sold to satisfy the assessment and cost
639 of storage.
640 (f) The police department is hereby vested with the same
641 powers with respect to the enforcement of this section as it has
642 with respect to the enforcement of the criminal laws of the state
643 and the criminal provisions of this Code.
644 Seetien 21 208. Seeuring leads generally.-
645 ?4e vehiele shall be operated er meved en any highway unless
646 sueh vehiel:e is se eensti-tteted, maintained, artd leaded as be
647 prevent its centents from d-repping, sifting, leading or ethertfige
648 eseaping thereerem, provided, heteever, that no provisien of- b@
649 seetien shall apply te;
650 (1) Any meter vehiele i?hieh is ttseel e3te3zusive3:y fer agileul:?!Ural
651 pttrpeses and which is mat eperabed en or ever any public
652 highway fer any pttrpese ether tha" fer the purpese of
653 opera#!inej it aeress a hiejhway er alang a hicjhway frefn ene
19
654 point oE the owner's land to another part thereef,
655 irrespeebive oE whether or nob the tracts adjoini or
656 (2) Any agricultural vehiele, traeter er other vehicle exempted
657 f-reta reejistraf!ien and 1 I @-,uirefnents pttrsuant to
658 sectien 46.1 45 aE the Gede of Virginia
659 Section 21-228. Duty to keep to right in crossing intersections or
660 railroads.
661 Except as otherwise provided by law, in crossing an
662 intersection of highways or the intersection of a highway by a
663 railroad right-of-way, the driver of a vehicle shall at all times
664 cause such vehicle to travel on the right half of the highway,
665 unless such right side is obstructed or impassable; provided,
666 however, that. in crossing an intersection of highways, @he driver
667 of a vehicle may overtake or pass another vehicle in the
668 intersection, if such intersection is designated and marked as a
669 passing zone by the state highway and transportation commission
670 pursuant to its authority as set out in section 46.1 173 .46.2-830
671 of the Code of Virginia.
672 Section 21-234. Same - Duty oE drivers of overtaken vehicle.
673 Except when overtaking and passing on the right is permitted,
674 the driver of an overtaken vehicle shall give way to the right in
675 favor of the overtaking vehicle on audible signal and shall not
676 increase the speed of his vehicle until completely passed by the
677 overtaking vehicle; provided, however, that any overwidth or slow-
678 moving vehicle, as defined by section 46.1 264.1 46.2-1081 of the
679 Code of Virginia, shall be removed from the travelled way at the
680 nearest suitable location when necessary to allow traffic to pass.
681 Section 21-237. Signals for starting, backing, stopping or turning.
682 (a) Every driver who intends to start, back, stop, turn or
683 partly turn from a direct line shall first see that such movement
684 can be made in safety and whenever the operation of any other
685 vehicle may be affected by such movement shall give the below
686 required signals, plainly visible to the driver of such other
687 vehicle, of his intention to make such movement.
20
688 (b) The signal required by this section shall be given by
689 means of the hand and arm or by some mechanical or electrical
690 device approved by the superintendent, in the manner herein
691 specified. Whenever the signal is given by means of the hand and
692 arm, the driver shall indicate his intention to start, stop, turn
693 or partly turn by extending the hand and arm from and beyond the
694 left side of the vehicle, in the following manner.
695 (1) For a left turn or to pull to the left, the arm shall be
696 extended in a horizontal position straight from and level with
697 the shoulder;
698 (2) For a right turn or to pull to the right, the arm shall be
699 extended upward; or
700 (3) For slawing down or to stop, the arm shall be extended
701 downward.
702 Wherever the lawful speed is more than thirty-five (35) miles per
703 hour such signals shall be given continuously for a distance of at
704 least one hundred (100) feet, and in all other cases at least fifty
705 (50) feet, before slowing down, stopping, turning, partly turning
706 or materially altering the course of the vehicle.
707 (c) A person riding a bicycle or moped shall signal his
708 intention to stop, turn-r or change direction. Such signals,
709 however, need not be given continuously if both hands are needed
710 in the control or operation of the bicycle or moped.
711 (d) Drivers of vehicles standing or stopped at Ehe curb or
712 edge before moving such vehicles shall give signals of their
713 intentions to move into traffic, as herein provided, before turning
714 in the direction the vehicle will proceed from the curb.
715 (e) Drivers having once given a hand, electrical or
716 mechanical device signal must continue the course thus indicated,
717 unless they alter the original signal and take care that drivers
718 of vehicles and pedestrians have seen and are aware of the change.
719 (E-) E)iivers -tgnagz f-i-em anothei- drivei- sha3:3: iteep
720 their vehieles under contplete eentrel and shall be able be av@
721 an aeeldent resulting frem a misunderstanding of au-i.
21
722 Section 21-253. Driving on sidewalks.
723 If any person drives any vehicle on the sidewalks of the city,
724 he shall be guilty of a traffic infraction and, upon conviction,
725 shall be fined not less than five dollars ($5.90) nee more than
726 twenty five dollars ($25.00+ one hundred dollars ($100.00).
727 Section 21-259. Trucks on Atlantic Avenue.
728 it! shall be unlasoEu3: feL- any vehie3:e regist!et-ed $?It!h the
729 divisien of nteter vehie3:es as a truele te trave3: that PeLt!ien
730 Atient!ie Avenue in tthe city frent 40th StL-eet te Seeend St!feet
731 cluring the hours ef ?;00 p.m. to 3:90 a.m. durinej ti9e peried freffi
732 May fif-beenth to Septefaber thirtieth ef eaeh yeai- ttnl:ess sueh
733 vehiel:e . is engaejed in the nei-Rial: eenduet ef business in t!he
734 prehibit-d -r in the delivery ei previgion ef geeels eL
735 serviees te the prehibited area.
736 Section 21-273. Driving while license, permit or privilege to drive
737 suspended or revoked.
738 (a) E,xcept as otherwise provided in sections 46.1 352.! ard
739 46.1 387.8 46.2-304 and 46.2-357 of the Code of Virginia, no
740 person, resident or nonresident, whose operator's or chauffeur's
741 license or instruction permit or privilege to drive a motor vehicle
742 has been suspended or revoked or who has been directed not to drive
743 by any court or by the commissioner or by operation of law pursuant
744 to the provisions of title 46.1 Title 46.2 or section 18.2-271 of
745 the Code of Virginia or this chapter, or who has been forbidden,
746 as prescribed by law, by the commissioner, the state corporation
747 commission, the state highway commissioner, any court or the
748 superintendent of state police, to operate a motor vehicle in this
749 state, shall thereafter drive any motor vehicle or any self-
750 propelled machinery or equipment on any highway in this city,
751 unless and until the period of such suspension or revocation shall
752 have terminated.
753 (b) Any persen vielating this seetien shall fer the first
754 offense, be eanfined in jail net less than ten (10) days nef mare
755 than six (6) menths, enel fn-y, in addition, be fined not less than
22
7 56 ene huiidred deller- (-3:00
757 ($299.09). r-er t!he seeand er rsen
758 be eenfined i.. e @han ene
759 (i) year, and a -un@-re--
760 ($200-90) 1 dellars ($1, - -
761 Emeept in a ease i?here the vi out of
762 a reveeation fer nenpayfneill! of- a f-ine
763 or fines pttrsttant to seet ---F Virginia,
764 the eetirt shall net st'spe in any ease,
765 bttb may, in its diseretion suep liewever,
766 this seetion, 4@- ..et apply if
767 the operation ef the metel, dtie te aik-emerejeney
768 inve3:ving clangel, be the any per'sen er to
769 property. The eaurb may, in its diseretien, presefibe that the
770 jail sentenee shall be se time er tintes as bhe eettr+
771 may direet! after Lonsidering the ei -- fflsbanees of the persen
772 eenvieted ef eetien.
773 b) A first offense of violating this section shall constitute
774 a Class 2 misdemeanor. A second or subsequent offense shall
775 constitute a Class 1 misdemeanor.
776 (c) In addition to the provisions of subsection (b) above,
777 the court shall suspend or revoke such person's license, permit or
778 privilege to drive for the same period for which it had been
779 previously suspended or revoked when such person violated this
780 section. In the event such person has violated this section by
781 driving during a period of suspension or revocation which was not
782 for a definite period of time, the court shall suspend or revoke
783 such person's license, permit or privilege to drive for an
784 additional period not to exceed ninety (90) days. Any additional
785 suspension ordered under the provisions of this section shall
786 conunence upon the expiration of the previous suspension or
787 revocation, unless such previous suspension or revocation has
788 expired prior to the ordering of an additional suspension or
789 revocation.
@790 Section 21-274. Driving while restoration of license is contingent
23
791 upon furnishing proof of financial responsibility.
792 (a) No person, resident or nonresident, whose operator's or
793 chauffeur's license or instruction permit has been suspended or
794 revoked by any court or by the commissioner or by operation of law
795 pursuant to the provisions of title 46.1 Title 46.2 or section
796 18.2-271 of the Code of Virginia or this chapter, or who has been
797 forbidden, as prescribed by law, by the commissioner, the state
798 corporation commission, the state highway commissioner or the
799 superintendent of state police, to operate a motor vehicle in this
800 state, shall drive any motor vehicle in this city during any period
801 wherein the restoration of the license or privilege is contingent
802 upon the furnishing of proof of financial responsibility, unless
803 he has given proof of financial responsibility in the manner
804 provided in Code of Virginia, artiele 6 of chapter 6 ef title 46.1
805 section 46.2-435.
806 (b) Any persen violating this section shall, upen eanviction
807 of the first vielatien, be punished by imprisenfnent for net lega
BOB then ten (10) days ner mare than six (6) ntenths, er be fined not-
809 less than ene hundred clellars ($100.09) nor more than give hundreel
810 dellars ($590.00), er be punighed by both sueh fine and
811 imprisenfnent. Per the seeand er any subsequent vielatien eE this
812 seetion, the effender shall be eenfined in jail not less than ene
813 (1) menth ner inare than t@eelve (12) menths, or be fined not le@
814 than ene hundred del:3:ars ($100.00), er be punisheel by beth sue*
815 fine and imprisenfnent.
816 (b) A first offense violation of this section shall
817 constitute a Class 2 misdemeanor. A second or subsequent violation
818 of this section shall constitute a Class 1 misdemeanor.
819 Section 21-276. Disposition of surrendered license upon revocation
820 or suspension.
821 (a) In any case in which the accused is convicted of an
822 offense, upon the conviction of which the law requires or permits
823 revocation or suspension of the operator's or chauffeur's license
824 of the person so convicted, the court shall order the surrender of
825 such license, which shall remain in the custody of the court during
24
826 the period of such revocation or suspension, if such period does
827 not exceed thirty (30) days, or:
828 (1) If such period exceeds thirty (30) days, until the time
829 allowed by law for appeal has elapsed, when it shall be
830 forwarded to the commissioner; or
831 (2) Until an appeal is effected and proper bond posted, at which
832 time it shall be returned to the accused.
833 (b) The provisions of this section have no application to the
834 suspension of a license by the court pending payment of fine, as
835 permitted by section 46.1 423.3 46.2-395 of the Code of Virginia.
836 (c) Notwithstanding the provisions of subsection (a) of this
837 section, when the time of suspension or revocation coincides, or
838 approximately coincides, with the appeal time, the cour@ may retain
839 the license and return the same to the accused upon the expiration
840 of suspension or revocation.
841 Section 21-277. Chauffeurs as operators and vice versa.
842 Any person licensed as a chauffeur under Code of Virginia
843 title 46.1 Title 46.2 shall not be required to procure an
844 operator's license, but no person shall drive any motor vehicle as
845 a chauffeur unless licensed as a chauffeur. Notwithstanding any
846 other provision of this chapter, no person shall be required to
847 obtain a chauffeur's license for the purpose of driving a school
848 bus.
849 Section 21-279. Violations of restrictions on licenses.
850 Any person issued an operator's or chauffeur's license
851 on which there are printed or stamped restrictions, as provided by
852 Code of Virginia, section 46.3: 378, 46.2-329, or a restricted
853 driving permit provided by a court pursuant to Code of Virginia,
854 section 18.2-271.1 (bl:a) (E), who operates a motor vehicle in
855 violation of such restrictions shall be guilty of a misdemeanor.
856 Section 21-312. Specific instances of reckless driving -
857 Generally.
858 A person shall be guilty of reckless driving who shall:
25
859 (1) Drive a vehicle when not under proper control or with
860 inadequate or improperly adjusted brakes upon any
861 highway of this city;
862 (2) While driving a vehicle, overtake and pass another
863 vehicle proceeding in the same direction, upon or
864 approaching the crest of a grade or upon or approaching
865 a curve in the highway where the driver's view along the
866 highway is obstructed, except where the overtaking
867 vehicle is being operated on a highway having two (2) or
868 more designated lanes of roadway for each direction of
869 travel or on a designated one-way street or highway;
870 (3) Drive a vehicle when it is so loaded, or when there are
871 in the front seat such number of persons, as to obstruct
872 the view of the driver to the front or sides of the
873 vehicle or to interfere with the driver's control over
874 the driving mechanism of the vehicle;
875 (4) Pass or attempt to pass two (2) other vehicles abreast,
876 moving in the same direction, except on highways having
877 separate roadways of three (3) or more lanes for each
878 direction of travel, or on designated one-way streets or
879 highways; however, this subsection shall not apply to a
880 motor vehicle passing two (2) other vehicles, in
881 accordance with provisions of this chapter, when one or
882 both of such other vehicles is a bicycle or moped; nor
883 shall this subsection apply to a bicycle or moped
884 passing two (2) other vehicles in accordance with the
885 provisions of this chapter;
886 (5) Drive any motor vehicle, including any motorcycle, so as
887 to be abreast of another vehicle in a lane designed for
888 one vehicle, or drive any motor vehicle, including any
889 motorcycle, so as to travel abreast of any other vehicle
890 traveling in a lane designed for one vehicle; provided,
891 however, this subsection shall not apply to any validly
authorized parade, motorcade or motorcycle escort; nor
26
893 shall it apply to a motor vehicle traveling in the same
894 lane of traffic as a bicycle or moped;
895 (6) Overtake or pass any other vehicle proceeding in the
896 same direction at any steam, diesel or electric railway
897 grade crossing or at any intersection of highways unless
898 such vehicles are being operated on a highway having two
899 (2) or more designated lanes of roadway for each
900 direction of travel or unless such intersection is
901 designated and marked as a passing zone pursuant to the
902 provisions of sections 46.1 173 and 46.1 205 46.2-803
903 and 46.2-830 of the Code of Virginia or on a designated
904 one-way street or highway, or while pedestrians are
905 p&ssing or about to pass in front of eith@r of such
906 vehicles, unless permitted to do so by a traffic light
907 or police officers;
908 (7) Fail to stop, when approaching from any direction, a
909 school bus, whether publicly or privately owned, which
910 is stopped on any highway or school driveway for the
911 purpose of taking on or discharging children, elderly,
912 mentally or physically handicapped persons, and to
913 remain stopped until all children, elderly, mentally or
914 physically handicapped persons are clear of the highway
915 or school driveway and the bus is put in motion. The
916 driver of a vehicle, however, need not stop upon
917 approaching a school bus when such bus is stopped on the
918 other roadway of a divided highway, on an access road,
919 or on a driveway when such other roadway, access road,
920 or driveway is separated from the roadway on which he is
921 driving by a physical barrier or an unpaved area. The
922 driver of a vehicle also need not stop upon approaching
923 a school bus which is loading or discharging passengers
924 from or onto property immediately adjacent to a school
925 if such driver is directed by a police officer or other
926 duly authorized uniformed school crossing guard to pass
927 such school bus. This subsection shall apply to school
27
28 busses which are equipped with warning devices
29 prescribed in section 46.1 287 46.2-1090 of the Code of
30 Virginia and are painted yellow with the words "School
31 Bus, Stop, State Law" in black letters at least six (6)
32 inches high on the front and rear thereof. If space is
33 limited on the front, the words "School Bus" may be in
34 letters at least four (4) inches high. This subsection
35 shall also apply to school buses which are equipped with
36 warning devices as prescribed in section 21-111 and
37 which are painted yellow with the words "School Bus" in
38 black letters at least eight (8) inches high on the
39 front and rear thereof. Only school buses as defined in
40 sebtion 21-2 which are painted yellow and equipped with
41 the required lettering and warning devices shall be
42 identified as school buses;
43 (8) Fail to give adequate and timely signals of intention to
44 turn, partly turn, slow down or stop, as required by
45 section 21-237;
46 (9) Exceed a reasonable speed under the circumstances and
47 traffic conditions existing at the time regardless of
48 any posted speed limit;
49 (10) Drive a motor vehicle upon the highways of this city at
50 a speed of twenty (20) or more miles per hour in excess
51 of the applicable maximum speed limits prescribed in@
52 paragraphs (1), (2), (3) and (5) of subsection (a) of
53 section 21-317 or in excess of eighty (80) miles per
54 hour regardless of the posted speed limit;
55 (11) Fail to bring his vehicle to a stop immediately before
56 entering a highway from a side road when there is
57 traffic approaching upon such highway within five
58 hundred (500) feet of such point of entrance, unless a
59 "yield right-of-way" sign is posted; or where such sign
60 is posted, fail, upon entering such highway, to yield
61 the right-of-way to the driver of a vehicle approaching
62 on such highway from either direction; or
28
963 (12) Drive or operate any automobile or other motor vehicle
964 upon any driveway or premises of a church, or school, or
965 of any recreational facilities or of any business
966 property open to the public, or on the premises of any
967 industrial establishment providing parking space for
968 customers, patrons or employees, or upon any highway
969 under construction or not yet open to the public,
970 recklessly or at a speed or in a manner so as to
971 endanger the life, limb or property of any person.
972 Section 21-314. Same - Penalty for reckless driving under sections
973 21-311, 21-312 or 21-313.
974 (a) Every person convicted of reckless driving under
975 sections 21-311, 21-312 or 21-313 shall for the first violation be
976 punished by a fine not exceeding one thousand dollars ($1,000.00),
977 or by confinement in jail not exceeding twelve (12) months, or
978 both, in the discretion of the jury or of the court trying the case
979 without a jury. For each second or subsequent conviction for the
980 offense of reckless driving under any such sections committed
981 within twelve (12) months before or after the date or another act
982 of reckless driving for which he has been convicted, such person
983- shall be punished by a fine of not less than one hundred dollars
984 ($100.00) nor more than one thousand dollars ($1,000.00), or by
985 imprisonment in jail for not less than ten (10) days nor more than
986 twelve (12) months, or by both such fine and imprisonment.
987 (b) In addition to the penalties presciibed in
988 subsection (a), if any person is convicted of reckless driving
989 under any section referred to therein, the court may suspend any
990 license issued to such convicted person under chapter 5, 3 (section
991 46.1 348 et seq.) ef title 46.1 46.2-300, et seg.) of Title 46.2
992 of the Code of Virginia, for a period of not less than ten (10)
993 days nor more than six (6) months and such court shall require th6
994 convicted person to surrender his license so suspended to the court
995 where it shall be disposed of in accordance with section 21-276.
996 If a person so convicted has not obtained the license required by
997 such chapter, or is a nonresident, the court may direct in the
29
998 judgment of conviction that such person shall not, for a period of
999 not less than ten (10) days or more than six (6) months as may be
1000 prescribed in the judgment, drive or operate any motor vehicle in
1001 this state. The court or the clerk of court shall transmit the
1002 license to the commissioner along with the report of the conviction
1003 required to be sent to the division.
1004 (c) When any person shall be convicted of reckless
1005 driving as provided for in subsection (10) of section 21-312 in
1006 addition to any other penalties provided by law, except in those
1007 cases for which revocation of licenses is provided in Code of
1008 Virginia, section 46.1 417, 46.2-389, the operator's or chauffeur's
1009 license of such person may be suspended by the court or judge for
1010 a period of@ not less than sixty (60) days nor more t@an six (6)
1011 months. In case of conviction the court or judge shall order the
1012 surrender of the license to the court where it shall be disposed
1013 of in accordance with the provisions of section 21-276. Where the
1014 conviction is a second conviction which would require revocation
1015 under the provisions of section 46.1 417 46.2-389 of the Code of
1016 Virginia, the court shall suspend the operator's or chauffeur's
1017 license of such person and thereupon transmit the same to the
1018 division as provided by law. If such person so convicted has not
1019 obtained a license required by Code of Virginia, chapter .5 3
1020 (section 46.1 348 46.2-300, et seq.) of title 46.1 Title 46.2 or
1021 is a nonresident, such court shall direct in the judgment of
1022 conviction that such person shall not drive or operate any motor
1023 vehicle in this state for a period of not less than sixty (60) days
1024 nor more than six (6) months.
1025 Section 21-315. Same-Disregarding signal to stop by police
1026 oeficers.
1027 (a) Any person who, having received a visible or
1028 audible signal from any peliee law enforcement officer
1029 tinieerm or displaying his badge el ether sign of- aut to bring
1030 his motor vehicle to a stop, shall operate such motor vehicle in
1031 a wilful or wanton disregard of such signal so as to interfere
1032 with or endanger the operation of the police vehicle or endanger
30
1033 other property or person, or who shall increase his speed and
1034 attempt to escape or elude such police officer, shall be guilty of
1035 a Class -Z 1 misdemeanor.
1036 (b) When any person is convicted under this section, in
1037 addition to the penalties provided herein, the operator's or
1038 chauffeur's license of such person may be suspended by the court
1039 or judge for a period not to exceed one year. However, in any case
1040 where the speed of the accused is determined to have exceeded the
1041 maximum allowed by fifteen (15) miles per hour, where the maximum
1042 speed is fifty-five (55) miles per hour or greater, the operator's
1043 or chauffeur's license shall be suspended by the court or judge
1044 trying the case for a period of not less than ninety (90) days.
1045 In case of -conviction and suspension, the court or judge shall
1046 order the surrender of the license to the court, where it shall be
1047 disposed of in accordance with the provisions of sectien 21 244
1048 Code of Virginia section 46.2-398.
1049 Section 21-317. maximum speed limits generally.
1050 (a) No person shall drive any motor vehicle upon a
1051 highway of this city at a speed in excess of the following maximum
1052 speed limits:
1053 (1) Fifty-five (55) miles per hour on the
1054 interstate system of highways or other
1055 limited access highways with divided
1056 roadways.
1057 (2) Fifty-five (55) miles per hour on nonlimited
1058 access highways having four (4) or more lanes
1059 and on all state primary highways.
1060 (3) Fifty-five (55) miles per hour on highways
1061 not included in (1) or (2) above, if the
1062 vehicle is a passenger motor vehicle,
1063 passenger bus, United States post office bus,
1064 pickup or panel truck or a motorcycle; and
1065 forty-five (45) miles per hour on such
1066 highways, if the vehicle is a truck, road
31
1067 tractor, tractor truck or combination of
1068 vehicles designed to transport property, or
1069 is a motor vehicle being used to tow a
1070 vehicle designed for self-propulsion, or a
1071 house trailer.
1072 (4) Thirty-five (35) miles per hour or the
1073 minimum speed allowable, whichever is
1074 greater, on any highway other than an
1075 interstate highway, if the vehicle is being
1076 used as a school bus carrying children, and
1077 forty-five (45) miles per hour on interstate
1078 highways; provided, however, that for any
1079 Eruch vehicle which neither tama@ U.@ .1w@
1080 discharges children between its point of
1081 origin and point of destination, the speed
1082 limit shall be forty-five (45) miles per
1083 hour.
1084 (5) Forty-five (45) miles per hour on any
1085 highway, if the vehicle or combination of
1086 vehicles is operating under a special permit
1087 issued by the state highsoay anel Commonwealth
1088 @Transportation t Board in
1089 accordance with sections 46.1 330 and 46.1
1090 @ 46.2-1139 of the Code of Virginia. The
1091 state highs?ay and branspartation eemmission
1092 Commonwealth Transportation Board mayf
1093 however, prescribe a speed limit of less than
1094 forty-five (45) miles per hour on any such
1095 permit issued by it.
1096 (6) Twenty-five (25) miles per hour on highways
1097 in a business or residential district, except
1098 upon interstate or other limited access
1099 highways with divided roadways.
1100 (7) Thirty-five (35) miles per hour on highways
1101 in the city, except upon interstate or other
32
1102 limited access highways with divided roadways
1103 and except in business or residence
1104 districts.
105 (8) Notwithstanding the provisions of subdivision
106 (1) , (2) and (3) of this subsection, the
107 speed limits for passenger motor vehicles,
108 while towing utility, camping or boat
109 trailers not exceeding an actual gross weight
110 of twenty-five hundred (2500) pounds, shall
ill be the same as that for passenger motor
112 vehicles.
113 (b) Notwithstanding the foregoing provisions, the state
114 highway and transportation commissioner or the director of public
115 works or any other authority having jurisdiction over highways may
116 decrease the speed limits set forth in subsections (a)(1) and
117 (a)(3) of this section and may increase or decrease speed limits
118 set forth in subsections (a)(6) and (a)(7) of this section and may
119 establish differentiated speed limits for daytime and nighttime by
120 decreasing for nighttime driving the speed limits set forth in
121 subsections (a)(1) through (a)(3) of this section and by increasing
122 for daytime or decreasing for nighttime the speed limits set forth
123 in subsection (a)(6) and (a) (7) oE this section. Such increased
124 or decreased speed limits and such differentiated speed limits for
125 daytime and nighttime driving shall be effective only when
126 prescribed after a traffic engineering and traffic investigation
127 and when indicated upon the highway by signs; provided, the
128 increased or decreased speed limits over highways under the control
129 of the state highway and transportation commissioner shall be
130 effective only when prescribed in writing by the highway and
131 transportation commissioner and kept on file in the central office
132 of the department of highways.
133 Section 21-319. Temporary reduction of speed limits during
134 highway construction, etc.
135 The director of public works may reduce, for a temporary
136 period not to exceed sixty (60) days, without an engineering or
33
1137 traffic investigation, as required in Code of Virginia, section
1138 46.2-1300, the speed limit on any portion of any highway
1139 on which men are working or where the highway is under construction
1140 or repair.
1141 Section 21-321. Necessity for speed limit signs.
1142 No person shall be convicted of a violation of an
1143 ordinance enacted by the council pursuant to the provisions of Code
1144 of Virginia, section 46.2-1300, decreasing the speed
1145 limit established in section 21-317, when such person has exceeded
1146 the speed limit in an area where the speed limit has been
1147 decreased, unless such area is clearly indicated by a conspicuous
1148 marker at the termini of such area.
1149 Sec. 21-322. Exemptions from speed limits.
1150 (a) The speed limitations set forth in this chapter
1151' shall not apply to vehicles when operated with due regard for
1152 safety under the direction of the police in the chase or
1153 apprehension of violators of the law, or of persons charged with
1154 or suspected of any such violations, or in response to emergency
1155 calls, or in testing the accuracy of speedometers on vehicles, or
1156 in testing the accuracy of the radio microwave or other electrical
1157 devices specified in section 21-323 nor to fire department vehicles
1158 when traveling in response to an emergency call, nor to ambulances
1159 and rescue vehicles when traveling in response to emergencies nor
1160 to regional detention center vehicles.
1161 (b) These exemptions, granted by this section to a
1162 moving vehicle, shall apply only when the operator of such vehicle
1163 displays a flashing, blinking or alternating emergency light or
1164 lights as provided in section 21-150, and sounds a siren, bell,
1165 exhaust whistle-r or air horn designed to give automatically
1166 intermittent signals, as may be reasonably necessary, and, only
1167 when there is in force and effect for such vehicle either
1168 (1) a standard automobile liability insurance covering
1169 injury or death to any one person in the sum of at least
1170 one hundred thousand dollars ($100,000.00) in any one
34
171 accident, and subject to the limit for one person, to a
172 limit of three hundred thousand dollars ($300,000.00)
173 because of bodily injury to or death of two (2) or more
174 persons in any one accident, and to a limit of ten
175 thousand dollars ($10,000.00) because of injury to or
176 destruction of property of others in any one accident or
177 (2) a certificate of self-insurance issued pursuant to
178 section 46.1 395 46.2-368 of the Code of Virginia.
179 (c) The exemptions granted by this section shall not
180 protect the operator of any such vehicle from criminal prosecution
181 for conduct constituting reckless disregard of the safety of
182 persons and property. Nothing in this section shall be construed
183 to release the operator of any such vehicle from civil liability
184 for failure to use reasonable care in such operation.
185 Section 21-341. Forfeiture of right to drive; suspension of
186 sentence.
187 (a) Except as provided in section 18.2-271.1, Code of
188 Virginia (1959), as a , the judgment of conviction, iE for a
189 first offense under section 21-336, shall of itself operate to
190 deprive the person so convicted of the privilege to drive or
191 operate any motor vehicle, engine or train in the commonwealth for
192 a period oE six (6) months from the date of such judgment. If a
193 person is tried on a process alleging a second offense of violating
194 section 21-336 within ten (10) years of a first offense for which
195 the person was convicted under section 21-336 and is convicted
196 thereof, such person's license to operate a motor vehicle, engine
197 or train shall be revoked for a period of three (3) years from the
198 date of the judgment of conviction. Any such period of license
199 suspension, in any case, shall run consecutively with any period
200 of suspension or revocation for failure to permit a blood or breath
201 sample to be taken as required by section 21-338.
202 (b) If any person has heretofore been convicted or
203 found not innocent in the case of a juvenile of violating any
204 similar act in the commonwealth or any other state and thereafter
205 is charged with a second violation of section 21-336 and convicted
35
1206 of violating the provisions of section 21-336, such conviction or
1207 finding shall, for the purpose of this section and section 21-340,
1208 be a subsequent offense and shall be punished accordingly. Six (6)
1209 months of any license suspension or revocation imposed pursuant to
1210 this section for a first offense conviction may be suspended in
1211 whole or in part by the court upon the entry of the person
1212 convicted into and the successful completion of a program pursuant
1213 to section 18.2-271.1, Code of Virginia (1950), as affiended. If a
1214 person is charged with a second offense of violating section 21-
1215 336 and is convicted thereof, the court may suspend no more than
1216 one year of such license suspension or revocation if such
1217 conviction occurred less than five (5) years after a previous
1218 conviction'under section 21-336, nor more than two ( 2) years if
1219 such conviction occurred five (5) to ten (10) years after a
1220 previous conviction upon such person's entry into and successful
1221 completion of a program entered into pursuant to section 18.2-
1222 271.1, Code of Virginia (!950) as a If a person is tried
1223 on a process alleging a third or subsequent offense of violating
1224 section 21-336 and convicted thereof, such person shall not be
1225 eligible for participation in a program pursuant to section 18.2-
1226 271.1, Code of Virginia (3:950), as amencled and shall have his
1227 license revoked by the division of motor vehicles as provided in
1228 section 46.2-391, Code of Virginia (1950) as amended.
1229 Section 21-342. Driving after forfeiture of right to dtive.
1230 If any person convicted of a violation of this article
1231 shall, during the time for which he is deprived of his right so to
1232 do, drive or operate any motor vehicle, engine or train in this
1233 city, he shall be guilty of a misdemeanor and sha3:4: may be confined
1234 in jail not less then ten (10) days n@ more than six (6) months
1235 and may, in addition, be fined not e5teeeding more than five hundred
'1236 dollars ($500.00).
1237 Section 21-376. Abandoned, wrecked, junked, etc., vehicles
@1238 generally.
36
1239 (a) Pursuant to the authority contained in sections
1240 46.1 3:88 enel 46.3: 555.2 of I!he eede ef Virginia, ehapber 10 (SS46.1:
1241 555.1 et seq.), Abandoned !4eter Vehieles, of title 46-.! 46.2-1313
1242 and Chapter 12, Abandoned Motor Vehicles, of Title 46.2 of the
1243 Code of Virginia is hereby adopted and ordained as an ordinance of
1244 the city to the same extent as if set out at length herein.
1245 Wherever the term "political subdivision" appears in the state law
1246 hereby adopted, it shall be construed to mean the City of Virginia
1247 Beach, acting through its employees or independent contractors.
1248 (b) No person shall leave any partially dismantled,
1249 nonoperating, wrecked or junked vehicle on any street or highway
1250 within the city.
1251 (,c No person in charge or control of any property
1252 within the city, whether as owner, tenant, occupant lessee or
1253 otherwise, shall allow any partially dismantled, nonoperating,
1254 wrecked, junked or discarded vehicle to remain on such property
1255 longer than forty-eight (48) hours, and no person shall leave any
1256 such vehicle on any property within the city for a longer time than
1257 forty-eight (48) hours. This subsection shall not apply to a
1258 vehicle in an enclosed building, a vehicle on the premises of a
1259 business enterprise operated in a lawful place and manner, when
1260 necessary to the operation of such business enterprise, or a
1261 vehicle in an appropriate storage place or deposit ory maintained
1262 in a lawful place and manner by the city.
1263 (d) The chief of police and the director of public
1264 works, or any member of their departments designated by them, are
1265 hereby authorized to remove or have removed any vehicle left at any
1266 place within the city which reasonably appears to be in violation
1267 of subsection (b) or (c) of this section or of section 21-377 or
1268 which is lost, stolen or unclaimed. Such vehicle shall be
1269 impounded until lawfully claimed or disposed of at the owner's
1270 expense.
1271 (e) A violation of any provision of this section shall
1272 constitute a Class 1 Misdemeanor.
1273 Section 21-386. Presumption in prosecutions for parking
37
1274 violations.
1275 in any prosecution charging that a vehicle has been
1276 parked in violation of any provision of this article or any other
1277 ordinance, regulation or rule of the city, proof that the vehicle
1278 described in the complaint or summons was parked in violation of
1279 such provision, together with proof that the defendant was, at the
1280 time of such parking, the registered owner of the vehicle, as
1281 required by chapter 3 (seebien 46.1 4! et seel.) of title 46.1 6
1282 (section 46.2-600, et seg.) of Title 46.2 of the Code of Virginia,
1283 shall constitute in evidence a prima facie presumption that such
1284 registered owner of the vehicle was the person who parked the
1285 vehicle at the place where, and for the time during which, such
1286 violation occurred.
1287 Section 21-465. Penalty for violating sections 21-457 - 21-464.
1288 Any person convicted of violating any of the provisions
1289 of sections 21-457 through 21-464 shall be fined not less than two
1290 (2) dellare ($,2.09) ner more than twenty-five dollars ($25.00) for
1291 each offense.
1292 Section 21-496. General duty of drivers and passengers when
1293 property damaged.
1294 (a) The driver of any vehicle involved in an accident
1295 in which an attended vehicle or other attended property is damaged
1296 shall immediately stop as close to the scene of the accident as
1297 possible, without obstructing traffic,,and report forthwith to the
1298 police department and to the driver or some other occupant of the
1299 vehicle collided with or the custodian of other damaged property,
1300 his name, address, operator's or chauffeur's license number and the
1301 registration number of his vehicle. Where, as a result of injuries
1302 sustained in the accident, the driver is prevented from complying
1303 with the provisions of this subsection, the driver shall, as soon
1304 as reasonably possible, make the required report to the police
1305 department and make a reasonable effort to locate the driver or
1306 some other occupant of the vehicle collided with or the custodian
1307 of the damaged property and report to such person his name,
38
1308 address, operator's or chauffeur's license number and the
1309 registration number of his vehicle.
1310 (b) If the driver fails to stop and make the report
1311 required by subsection (a) of this section, any person in the
1312 vehicle with the driver at the time of the accident who has
1313 knowledge of the accident shall report, within twenty-four (24)
1314 hours from the time of the accident, to the chief of police, his
1315 name and address and such information within his knowledge as the
1316 driver must report pursuant to subsection (a) of this section.
1317 (c) The driver of any vehicle involved in an accident
1318 in which no person is killed or injured, but in which an unattended
1319 vehicle or other unattended property is damaged, shall make a
1320 reasonable effort to find the owner or custodian of such property
1321 and shall report to the owner or custodian the information which
1322 the driver must report pursuant to subsection (a) of this section,
1323 if such owner or custodian is found. If the owner or custodian of
1324 such damaged vehicle or property cannot be found, the driver shall
1325 leave a note in a conspicuous place at the scene of the accident
1326 and shall report the accident, in writing, within twenty-four (24)
1327 hours, to the chief of police. Such note and written report shall
1328 contain the information which the driver must report pursuant to
1329 subsection (a) of this section and such written report shall state,
1330 in addition, the date, time and place of the accident and the
1331 driver's estimate of the property damage. Where, as a result of
1332 injuries sustained in the accident, the driver is prevented from
1333 complying with the provisions of this subsection, the driver shall,
1334 as soon as reasonably possible, make the required report to the
1335 chief of police and make a reasonable effort to find the owner or
1336 custodian of the unattended vehicle or property and report to such
1337 person such information as is required to be reported pursuant to
1338 subsection (a) of this section.
1339 (d) If the driver fails to stop and make a reasonable
1340 search for the owner or custodian of an unattended vehicle or
1341 property or to leave a note for such owner or custodian, as
1342 required by subsection (c) of this section, any person in the
39
1343 vehicle with the driver at the time of the accident who has
1344 knowledge of the accident shall report, within twenty-four (24)
1345 hours from the time of the accident, to the chief of police his
1346 name and address and such facts within his knowledge as are
1347 required by subsection (c) of this section to be reported by the
1348 driver.
1349 (e) The reports required by this section are in
1350 addition to other accident reports required by this article or
1351 state law and shall be make irrespective of the amount of property
1352 damage involved.
1353 (f) The provisions of this section shall apply,
1354 irrespective of whether such accident occurs on the public streets
1355 or highways'or on private property.
1356 (g) Any person convicted of violating this section
1357 shall be deemed guilty of a Class 1 misdemeanor; provided, however,
1358 if the vehicle or other property struck is unattended and the
1359 damage thereto be less than fifty dollars ($50.00) two hundred
1360 fifty dollars ($250.00), such person shall be punished ani
1361 fine ef not emeeeding fifty dellars ($50.09) guilty of a Class 4
1362 misdemeanor.
1363 (h) Any person convicted of violating the provisions of
1364 this section may be punished, in addition to the penalties provided
1365 in subsection (g) of this section, if such accident resulted in
1366 damage to property exceeding ttie hundred -ift, ($250.09)
1367 five hundred dollars ($500.00), by revocation of his license or
1368 privilege to operate a motor vehicle on the highways of this state,
1369 for a period not to exceed six (6) months, by the court or judge.
1370 This subsection shall in no case be construed to limit the
1371 authority or duty of the commissioner with respect to revocation
1372 of licenses for violation of this section, as provided in chapter
1373 6 (seetien 46.1 388 et seq.) ef title 4 @ 2 of Title 46.2 of the
1374 Code of Virginia. Any license revoked under the provisions of this
1375 subsection shall be surrendered to the court to be disposed of in
1376 accordance with the provisions of section 21-276.
40
1377 Adopted by the Council of the City of Virginia
Secbnd.@@@:t - October
1378 Beach, Virginia on da@ of 1989.
1379 WEB/ccm
1380 09/07/89
1381 CA-03475
1382 \ordin\proposed\21-002et.pro
41
- 16 -
Item IV-G.2.
CONSENT AGENDA ITEM # 31869
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
Article XX of Chapter 2 re Department Of Housing and Neighborhood
Preservation.
Sections 2-247 and 2-249 re Department of Permits and Inspections.
REPEAL Section 8-9 re maintenance of certain non-residential buildings.
REPEAL Article IX of Chapter 8, consisting of Sections 8-211 through
8-216, inclusive, and ADDING an Article 11 to Chapter 16 re lead-based
paint.
Title of Chapter 16 is changed to "Building Maintenance Code" and
Sections 16-1, 16-6. 16-7, 16-8 and 16-10 re building maintenance code
REPEAL Section 16-2 re definitions of certain terms.
Section 23-48 re open storage of junk.
Section 23-50 re accumulations of trash, garbage, etc., and excessive
growth of weeds or grass.
Section 23-50.1 re removal of diseased, etc., trees.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Councilwoman McClanan referenced (f) (REPEAL Section 16-2 re definitions of
certain terms) and advised some of the definitions are not the same as in the
BOCA Code or the Comprehensive Zoning Ordinance. Councilwoman @IcClanan inquired
as to which takes precedence. Assistant City Attorney William Macali advised
the CZO definitions only apply to the CZO. If this item is a zoning matter, the
CZO is utilized. If a matter of enforcement of the City's housing code, the
BOCA Code prevails. When the BOCA Code was adopted, portions of Chapter 16,
relative liousing, were repealed. The BOCA Code supersedes any item in Chapter
16 including the definitions. The definitions to be replaced cannot stand if
there is any difference between those definitions and the BOCA Code. As per
concern of Councilwoman McClanan, Mayor Oberndorf requested Assistant City
Attorney Kevin Cosgrove research other localities in Virginia and determine if
said localities are able to have stronger local ordinances than the BOCA Code
and their method of handling same.
Councilman Balko inquired relative (g) (Section 23-48 re open storage of junk).
Acting City Attorney Kevin Cosgrove advised if a contractor was retained to
remove junk from one's property and they were able to salvage some value from
the junk, this profit would go to the contractor.
r f@G ATU@E
L) @7@"T
A!,,-,,OVED AS TO LEGAL
CITY kTT6RNEY
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE XX OF CHAPTER 2 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO THE
5 DEPARTMENT OF HOUSING AND
6 NEIGHBORHOOD PRESERVATION
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Article XX oE Chapter 2 of the Code of the City of
10 Virginia Beach be, and hereby is, amended and reordained, and
11 shall read as follows:
12 Article XX. Department Of HOUSing and eammunity Beveiepinent
13 Neighborhood Preservation.
14 Sec. 2-431. Creation.
15 There is hereby created a department of housing and eermunity
16 develepfaenb neighborhood Preservation.
17 Sec. 2-432. Composition.
18 The department of housing and eeffnunity develepment
19 neighborhood preservation shall consist of the director of housing
20 and eemmunity developmenb neighborhood preservation and such other
21 employees as may be provided by the Charter or by ordinance or by
22 direction of the city manager consistent therewith. In addition
23 thereto, the department shall, by the housing code administrator,
24 perform all of the functions and have all of the powers set forth
25 in Volume Two of the Virginia Uniform Statewide Building Code.
26 Police powers are hereby conferred upon the housing code
27 administrator and his designated employees while engaged in the
28 performance of their duties.
29 Adopted by the City Council of the City of Virginia Beach,
30 Virginia, on the Secondday of October , 1989.
31 Wmm/ccm
32 CA-89-3452
33 09/26/89
34 \ordin\proposed\02-431.pro
2
AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 2-247 AND 2-249 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO THE
5 DEPARTMENT OF PERMITS AND
6 INSPECTIONS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 2-247 and 2-249 of the Code of the City of
10 Virginia Beach be, and hereby amended and reordained, and shall
11 read as follows:
12 Sec. 2-247. Divisions established.
13 There shall be, within the department of permits and
14 inspections, the following divisions and bureaus:
15 (1) Inspections division.
16 (2) ileusi:ng and property maini!enanee
17 +3+ (2) Weights and measures division bureau.
18 +4+ (3) Zoning division.
19 Sec. 2-249. Duties of housing and property maintenance division.
20 The heusing and preperty fnaintenance division of the
21 department ef perfaits anel inspeetions shall be responsible fer all-
22 matters pertaininej te, and f-er the enf-oreefaent of-, the eity@
23 housing and property maintenanee cede.
24 Adopted by the City Council of the City of Virginia Beach,
25 Virginia, on the 2 day of October 1989.
26 Wmm/ccm
27 CA-89-3451
28 09/26/89
29 \ordin\proposed\02-247et.pro
I AN ORDINANCE TO REPEAL SECTION 8-9
2 OF THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, PERTAINING TO THE
4 MAINTENANCE OF CERTAIN
5 NONRESIDENTIAL BUILDINGS
6 WHEREAS, Section 8-9 of the Code of the City of Virginia
7 Beach sets forth certain standards for the maint6nance of
8 nonresidential buildings and commercial and industrial property
9 units; and
10 WHEREAS, the provisions of Volume Two of the Virginia Uniform
11 Statewide BUilding Code also apply to such buildings, and are more
12 comprehensive and require a greater degree of maintenance of such
13 buildings; and
14 WHEREAS, the City of Virginia Beach has adopted Volume Two of
15 the Virginia Uniform Statewide Building Code, thereby rendering
16 Section 8-9 unnecessary;
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 That Section 8-9 of the Code of the City of Virginia Beach
20 be, and hereby is, repealed.
21 Section 8 9. Maintenance of nonresidential buildings anel
22 eammereial and industrial property uni
23 (a) All nenresidenti and
24 indtistrial preperty units shall be maint-ained in pree-@
25 as te give adecluate pretectien from the elements. Windows and
26 deers shall fit preperly. All exterier weed surfaces, ether thaft
27 deeay resistant soeeds, shal:3: be pieteeted f-iefa the e3:effients
28 deeay by painting or ether preteetive eevering er t.eatfrent.
29 (b) All nenresidential buildings and commerelai enel
30 i:ndustria3: preperty tinits sha!3: be ntaintaineel in a verfni:n
31 redentpreef eenditien.
32 (e) A vielation of this section shall eenstitute a elass 4
33 fnisdefaeaner.
34 Adopted by the City Council of the City of Virginia Beach,
35 Virginia, on the 2 day of October 1989.
36 wmm/ccm
37 CA-89-3455
38 09/26/89
39 09/27/89
40 \ordin\proposed\08-009.pro
2
1 AN ORDINANCE TO REPEAL ARTICLE IX OF CHAPTER
2 8 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 VIRGINIA, CONSISTING OF SECTIONS 8-211 THROUGH
4 8-216, INCLUSIVE, AND TO ADD AN ARTICLE II TO
5 CHAPTER 16 OF THE CODE OF THE CITY OF VIRGINIA
6 BEACH, PERTAINING TO LEAD-BASED PAINT
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Article IX of Chapter 8 of the Code of the City of
10 Virginia Beach, consisting of Sections 8-211, 8-212, 8-213, 8-214,
11 8-215 and 8-216, pertaining to lead-based paint, be, and hereby is,
12 repealed.
13 Seetien 8 211. Definitions.
14 Per the pttrpese of- this artle3:e, tkie fel:3:ewing s?erds and
15 phrases shall have the aseribed be thent by
16 this seetion;
17 Eeed paint. The %oord5 "I:ead paint" mean any pigfnented, liquid
18 substanee applied t!e stirf-aees by bfush, re3:ler, spray or ethe-r
19 nteans in tohieh the tetal: nonvel:at!4:e ingredients eentain faere thart
20 one ha3:f percent ef- 3:ead by teeight, ea3:ettl:ated as I:ead meta3:
21 either as a liquid er a5 dried film already applied.
22 Stibstance. q?he toord I'substanee" shall: ine3:ude, but not be
23 h-, I:ead beailnej ptitty, eeranties, pl:ufnbing, seal:ers, paiRL-
24 and sintliar items.
25 Surfaees. q?he toord I'stirfaces" shal:3: inel:ttde, bttt net be
26 limited be, sueh afeas as tcindow si4:ls, %oindew f-rantes, deers, doel-
27 f-i-ames, wa3:ls, eeil:ings, perehes, 5tairs, handrails and ethet,
28 appurtenanees of a building.
29 Sectien 8 212. When use prohibited.
30 it shal:3: be un4:awfu3: f-ei, any person in the eit!y be use er
31 apply, er eause te be used er applied, lead paint er any substa"ee
32 eentaining lead in emeess of- ene half- pereent by weight to interi@
33 surfaees, or to these exterier sttrfaees aeeessible to ehildren, ef-
34 dwelling, dwelling timit, reefaing ttnit of faellity
35 oeettpied er ttsed by children.
36 Seetien 8 213. Reifteval.
37 (a) When the direeter ef peratits and inspeetion5 determines
38 that the presenee ef lead paint or any lead bearing sdbstanee upeft
39 any --- ereate5 a health hazard to ehildren er other persens-r
40 he shall issue a ten (10) day metiee te the estner er aceupant tle
41 elifainate the hazard. At the diseretien ef- the direetei- of Peffait-ff
42 and inspectiens, additional time fnay be granted te refaeve, abat-e
43 er refnedy sueh eendition. bead paint shall be eeiftpletely feffieved
44 f-roin any stirface @?hieh ean be eheseed er eateft by ehil:elien. feese,
45 craelted, ehipped, b4:i9tered, peeling 4:eael painf! er ether aeeessibl:L.
46 lead bearing substanees shall be eefnpletely remeved. in lied e-f-
47 removal ef the lead paint, the aecessible surfaces iftay be covereld
48 with an apl5reved, durable, pfeteetive fnatefial.
49 (b) The fnetheds u5ed fer the renteval ef lead paint 5hall net
50 present a hazard te health f-rein f-ttmes, dust or vapers by inhal:atiefi.-
51 er ab5erptien threugh the sitin er fnueous membrane5 and shal:3: be @
52 aeeerdenee with al:4: app3:ieab3:e 3:a%es, erdinanees, regu3:atiens a@
53 oaf-ety standards and praetice5 of- the city and ef state and federatl
54 ..........
55 Seetion 8 214. E)eetipants net te be evieted te aveid erder
56 elifainate hazardeus expesures.
57 ?4e es?ner or landlord found to be in vielatien of this article
58 shall evict or cause to be evicted eccupants with children fee thL-
59 pttrpese of avoiding an order, by the difeetai- ef permit!s and
60 inspeet!iens er a eeurt! er ether apprepriate atttherit:y, te e4:ifftinate
61 hazardette lead expesure5. F-urther, fafnilles with ehildren sha@
62 be permitted te eentinue their eeeupancy in aceefdan-e with their
63 lease er rental agreefftent emeetted prier te the 195uanee of sue@
64 an erder.
2
65 Seetion 8 215. Reports of- lead poiseni-ng by hea3:th of-fieia3:s,
66 physieians,
67 Eivery pttbl:ie hea4;th e@fieial, physielan or direeter ef- a
68 laberatery, hespital er ether treat!fnent fae!3:ity tche diagneses of-
69 atispeets the existenee ef lead pelse..*. ... j person sha3:3:
70 iffaediately ftetif-y, in %triting, t:he direeter of- pefiftits and
71 inspeetions ef sueh f-aet. iietif-leatien sha3:4: ine3:ttde t!he name a@
72 age ef- the individual:, the naffte ef parents, if-
73 efnpleyer, if an adult, and eurrent address.
74 Seetien 2 216. Vielatiens of article.
75 Any esenel, landlord, eeeupent ef et!hei- person whe shall
76 violate any previsien ef this artiele shall be guilty ef a elas-ff
77 2 inisdetneaner
78 BE IT FURTHER ORDAINED that Chapter 16 of the Code of the City
79 of Virginia Beach be, and hereby is, amended by the addition of a
80 new Article II, which shall be composed of Sections 16-31 through
81 16-34, which shall read as follows:
82 ARTICLE II. LEAD-BASED PAINT
83 Sec. 16-31. Definitions.
84 For purposes of this article, the following terms shall have
85 the meanings respectively ascribed to them by this section:
86 Lead-based paint. The term "lead-based paint" shall mean any
87 paint or similar substance which, when dry, contains in excess of
88 one-half of one per cent (0.5%) lead by weight.
89 Substance. The term "substance" shall include, but not be
90 limited to, lead-bearing putty, ceramics, plumbing, sealers, paint
91 and similar items.
92 Surfaces. The term "surfaces" shall include, but not be
93 limited to, window sills, window frames, walls, doors, door frames,
94 ceilings, stair, handrails and other appurtenances of a building.
3
95 Sec. 16-32. Use prohibited; removal.
96 (a) It shall be unlawful for any person to use or apply, or
97 to cause to be used or applied, any lead-based paint or substance
98 to an interior surface, or to an exterior surface accessible to
99 children, of any dwelling, dwelling unit or other building or
100 facility occupied or used by children.
101 (b) Existing interior and exterior surfaces in dwellings and
102 dwelling units or other buildings or facilities which are used or
103 occupied by children and which contain lead-based paint or other
104 substances shall be removed or covered with a covering approved by
105 the housing code administrator.
106 Sec.16-33. Reports of lead poisoning.
107 Every public health official, physician or director of a
108 laboratory, hospital or other treatment facility who diagnoses or
109 reasonably suspects the existence of lead poisoning in any person
110 shall, within twenty-four (24) hours, so notify the housing code
ill administrator. Such notification shall include the name and
112 address of the individual affected and, if such individual is a
113 minor, the name and address of the parents.
114 Sec. 16-34. Federal regulations.
115 The provisions of Section 570.608 of Volume 24 of the Code of
116 Federal Regulations shall apply with respect to any residential
117 structure constructed or rehabilitated with Federal assistance.
118 Adopted by the City Council of the City of Virginia Beach,
119 Virginia, on the 2 day of October 1989.
120 W14M/ccm
121 CA-89-3457
122 09/26/89
123 \ordin\proposed\08-21let.pro
4
PAW, IIENT
APPROVED AS TO LEGAL
DINANCE TO AMEND AND REORDAIN
2 THE TITLE OF CHAPTER 16 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, AND SECTIONS 16-1, 16-6,
5 16-7, 16-8 AND 16-10 OF THE CODE OF
6 THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, PERTAINING TO THE BUILDING
8 MAINTENANCE CODE
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That the title of Chapter 16 of the Code of the City of
12 Virginia Beach be, and hereby is, changed from the "Housing and
13 Property Maintenance Code" to the "BUilding Maintenance Code".
14 BE IT FURTHER ORDAINED, that Sections 16-1, 16-6, 16-7, 16-8
15 and 16-10 of the Code of the City of Virginia Beach be, and hereby
16 are, amended and reordained, and shall read as follows:
17 Sec. 16-1. Title.
18 The provisions of this chapter shall constitute and be
19 designated the "Virginia Beach ileusing and Pr-epert!y Building
20 Maintenance Code" and may be so cited.
21 Sec. 16-6. Rules and regulations for the administration and
22 enforcement of chapter.
23 The director of perfftits and inspeetiens housing and
24 neighborhood preservation is hereby authorized to make and adopt
25 such rules and regulations as he may deem necessary for the
26 administration and enforcement of this chapter, which rules and
27 regulations shall not be in conflict with or an enlargement of any
28 of the provisions of this chapter.
29 Sec. 16-7. Police powers for enforcement of chapter.
30 The director of perfftits and inspeetiens housing and
31 neighborhood preservation, the housing codes effieer administrator
32 and all inspectors of the housing and preperty maintenance
33 clivisien ef @ department of perntits and inspectiens housing and
34 neighborhood preservation are hereby invested with such police
35 powers as are necessary for the enforcement of this chapter.
36 Sec. 16-8. Obstructing or interfering with enforcement of
37 chapter.
38 No person shall obstruct or interfere with the director of
39 permits and inspeetiens housing and neighborhood preservation, the
40 housing codes effleer administrator or any inspector of the
41 hettsing divisien and property inaintenanee division ef the
42 department of permits and in5pectiens housing and neighborhood
43 preservation in the enforcement of this chapter or in any matter
44 relating thereto.
45 Sec. 16-10. Local planning authority inspections for Veterans
46 Administration.
47 1 The director of perfaits and inspeetions housing and
48 neighborhood preservation may conduct local planning authority
49 inspections for the Veterans Administration. The fee for each
50 such inspection conducted shall be thirty dollars ($30.00),
51 provided, however, that there shall be charged an additional fee
52 in the amount of fifteen dollars ($15.00) in the event repairs or
53 corrections are required and have not been completed by the time
54 of reinspection.
55 Adopted by the City Council of the City of Virginia Bea6h,
56 Virginia, on the 2 day of October 1989.
57 Wf4M/ccm
58 CA-89-3453
59 09/26/89
60 ordin\proposed\16-00let.pro
2
1 AN ORDINANCE TO REPEAL SECTION 16-2
2 OF THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, PERTAINING TO
4 DEFINITIONS OF CERTAIN TERMS.
5 WHEREAS, Section 16-2 of the Code of the City of Virginia
6 Beach sets forth definitions of certain terms used in connection
7 with the enforcement of the Building Maintenance; and
8 WHEREAS, the City has adopted, by reference, the BOCA
9 National Existing Structures Code, which sets forth definitions of
10 such terms and which supercedes the provisions of Section 16-2;
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13 That Section 16-2 of the Code of the City of Virginia
14 Beach be, and hereby is, repealed.
15 Section 16.2. Definitiens.
16 Per the purposes of this chapter, the fe3:4:eteing $?Ords and
17 phr&5es shall have the .--,-etively aseribed be them by
18 this seetion;
19 Generally; Whenever the stefd5 "dwel:4:ingll, I'dtoel:3:inej ttnit",
20 I.reeffling hettsell, "reefning unit", "premises" of "stL-uetui-e" ar-e
21 u5ed in thi5 ehapter, they shall be eenstrued as thettgh they a@
22 fe3:3:e%ted by the toerds "Or any pat-t thereef".
23 hece55ery 5trttetttfe; A detaehed strticture I:eeated en or
24 partially an @thieh 15 net used or net intended to be
25 tised fer living or 5!eeping by htintan eeeupants.
26 Apprepriate authority; q?hat per5en selthin the gevernment!al
27 strtiettire ef the eity eharged soii!h the administrat!ien ef this.
28 ehapter.
29 Beeeffiento Any pertion ef a building located dndergreend but
30 havi:ng 3:ess than half- OE its f4:eer to eeil;ing height be3:ew t!hL-
31 average grade ef the adjeining greund.
32 Building: A struetttre adapted to perfaafient er eentinuetts
33 eeetipeney or tised fer pui3iie, institutienal, busine5s, industrial
34 er 5terage purposes.
35 eellar. Any pertien ef a building located partly er wholly
36 ttnderground but having fftere than helf- efz its f-3:eer to eei3:in,9
37 height below the average grade of the adjaining greund.
38 Geffnercial building, Any builcling tised or intended te be
39 tised fer any pui-pese other than 4:iving er sleeping by htitna-ft
40 eeeupants.
41 Beterieratien; '2he cendition ef a building er part thereef
42 eharaeterized by he4:es, brealts, ret, erumb3:ing, eraelting, peei:in@
43 rttsting or ether evidenee ef physieal deeay er negleet, lack e-6
44 maintenanee er emeessive ti5e.
45 E)ermiterys -ised fer 5!ee.
46 by feur (4) er faere unrelated persens.
47 Ditelling; Any enciesed space w---e" -.s w-e,'-i-y er partly
48 er intended t - -- ---- -- 5eeupants,
49 previ:ded, that! befnperary -9 hereinafter defined, s
50 net be regarded as a dwelling.
51 E)%oelling unit; Any reefa er group ef .?ithin a
L -11 -
52 dwelling and a whieh
53 are ttsed er sleep4-ng, ee-..Ing attd
54 eatiftg.
55 Enfereing ageney; The departfaent ef periftits aiid inspectieng
56 shall be tite enforeing ageney fer the previsions eE this ehapter.
57 E)fterfninatieli. 12!ie '-nseets,
58 redeftts er ehher pests by by
59 removing or fnalting ve as their
60 feed, by Pelsening, SprdYing, Etimigating, trapping or by any other6
61 recegitized and I:ega3: pes@ -l' . -1-@- ---
62 laeal er stab
2
63 Faffil!y ; An individtial: er t@ee (2) of fitere persen5 relat!ed by
64 bleed, inarriage er adoption er dnder approved fester eare or a
65 grodp of net faere than four (4) persons, ineidding servants, not
66 related by bleed er fftarriage living begether ancl sharing livi@
67 areas in a d%telling unit.
68 Fire hazard-
69 (3:) Any deviee er condit!ien tohieh fitay be eei:ksidered 3:ilte3:y
70 eattse f-ire anel sohleh is se sittiat:ed as #!e be potentia3:1:y
71 dangereus be either persens or prepe@.
72 (2) The ereatien, fnaintenanee er eentintianee of any physi:eal-
73 eanditien by reaseft ef- whieh there eitists a use, aaeufnelation
74 er storage ef eefebustible or explesive material suffieient ift
75 afitetint er se 3:eeateel er in sueh a ntanner as t!e ptit in
76 jeepardy, in the event of ignition, either persons or
77 preperty.
78 (3) The eb5truetion be er ef fire eseapes, laddei-9 @?hich fflay bL-
79 tised f-er escape, staii-soays, ai5l:es, exits, deers, soindests,
80 er halls which is likely, in the event of fire,
81 t!e hinder the eperatlei:ks ef- any fire departinent or of the
82 safety ttnd ready egress
83 Garbage; All kitehen ref-use ef- residents, hetels,
84 Lest!attratits er athei- p3:aees tohere feed is prepared f-er httmaft
85 eensufnptien and all effal frefn E!5h, faeat and vegetable ffterke@
86 and al:3: stieh ether vegetab3:e ei- ercjanie substances that a@
87 sttbjeet to iffnediate deeay--
88 Gttest. A.., 1- @ --.. @he shares a dscelling tnit in a
89 nonpermanent stattts fer. tiet faere thaft b-hirty (30) days.
90 liabitab3:e reefa, A reetn er ene4:esed f-3:eer spa-e used or
91 intended te be u5ed fer liviftg, sl:eeping, eeeking ei- eati:nej
92 pttEpes-15, exeluding bathreefns, teater e3:eset eefnpartfeents,
93 laundries, fdrnaee reems, pantrie5, ititehenettes and uti3:ity reeitt&
94 of- less theft fifty (S()) sqttare feet, fayers aL eefmunicatintj
95 eerelders, St-. e spaee5 and s?erltsheps, he@
96 and reereation areas in unsealed or uninsulated parts
97 strueteres below greund level er in att'---.
3
98 !let! e 4: -. Ai:ty building or strueture @ehei-e sleeping
99 aeeeffaeclatio..- -.- .-.*.ded far transient persens and $there -a
100 eharge is fnade fer sueh oeeupaney. Whenever- the sceld "hate3:11 '@
101 tised in this chapter, it shall be eanstrued te inelude 113:edgin
102 hetise," "tettrist hefite" and "mete3:."
103 Household; A faiftily er ene er fnere unrelated perseng sohe
104 share the same dwelling and use sefae er al:3: ef its eeelting a@
105 eating f-aei3:ities, ineitiding servant5 and net fnere than t@ee (2)
106 bearders.
107 lieusing inspeeter; q?he directer of permits and inspeetiens
108 or his dtt3:y atitherized fepL-esent!at!ive sihe5e dttties ine3:ttde th-e
109 enfereement ef this ehapter.
110 infestatien; 'Ehe plesenee ef- inseets, redents,
ill other pests on the prefnises tohieh eaftst-it!Ut!es a hea4:th hazard.
112 Kibehen; Any reent eant=aining any er al:3: ef the Eeliewing
113 eelttipment er area of a reefa toithin three (3) feet of- sueit
114 equipinent; Sinvt er ether device @r dish@cts&5hing-, si!eve er ethe@
115 d-@i-- E-@ --eltingi refrigeration er ether deviee fer eee3: si!efacje
116 of feed; eabinet5 er shelves fee sterage of equipfneflt and
117 utensils, and eeunter er table for feed preparatien
118 Kitehenette; A sfaa3:1 ltil!ehen er an aleeve eantaining eeelting
119 faellities.
120 E)eeupent; Any persen ever ene year ef age living, sleeping,
121 ceelting or eating in, or aeteally havin - ------- ef, a dwelling
122 unit or a reeming unit, e5teept that, in d%cel:3:iftg tittit5, a gties+
123 %till net be een5idered an eeeupa"t.
124 E)perater: Any person whe has charge, eare or eentrel of a
125 part thereef, whether with or witheut t-he 'tnewl:edge
126 and eensent ef the ewner.
127 E)rdinary suffner eenditions; A temperature ten (10) degrees
128 Fahrenheit belose the highest reeerded tefnpeiature in the lecality
129 fee the prier ten (10) year peried.
130 9rdiftary winter eanditions; A tefoperature f-if-teen (3:5)
131 degrees Flahrenheit abeve the lowest reeerded befnperature in thL-
132 laeality fer the pfier ten (10) year pe-led.
4
133 E)wner; Any persen, f-irm, eorperation, asseeiatien er
134 organi2atien helding the legal bit3:e to any d%te4:ling eL dwellirg
135 tinit within the eity and any person representative, truste@
136 eefamittee or gtiardlaft having eharge, eare or contre3: of an!'@
137 dwelling er dwelling unit. in the event any preceedings under the-
138 previsi:ens ef- this ehapi!er are instit!ttt!ed againsf! any of- t!h-@
139 part!ies ftet! having eefltpl:et!e ehaleje, eare er eantrel of queit
140 dste3:3:ing or dtoe3:3:ing unit, stteh party ntay f!3:e an af-f-idav!L--
141 stating the nafne and addres5 ef- the party er parties having
142 charge, eare er eentrel ef sueh dsoel:i:ing er dtoel:l:ing ttnit, a@
143 further proceedings under this ehapter shall be against the party
144 er parties naffted in the affidavit, previded, that the filing @
145 queh affidavit shall not eenstitute a deeense to proceedings undeil
146 seetien 19 16(c).
147 Permissible eecupaney; The fnamifnufa ndfaber or persens
148 perfaitted to reside in a d@?elling unit
149 Pitifabing; All previded gas pipes and gas burning equipment,
150 ..at!er pipes, seatet, e3:esets, sinles, I:avat!eries,
151 bethttibs, cateh basins, drains, vents and any el!her previded
152 fixture, tegether seith the preper eenneetiens to the water, sewer
153 aftd gas lines, garbage dispesal units, installed di5hwashefs dftd
154 installed elethe5 %oashers.
155 Prefaises . A let, p3:et or patce4: ef- 3:and ine3-uding the
156 buildings and 5truetures thereon.
157 Provided; Purnished, applied er paid fer by Of dnder the
158 contlel of- the e%tner.
159 Ratpreefing, A Eerie ef censtruetien iehieh @?13:1: PLeveftt the
160 -,ress ef rets te er Erefft a given spaee er bdilding er
161 is te f-eed, water er harberage. it eensists ef b@
162 el:esing and iteepli-ig elosed ef ever, i feundatien-S,
163 basefnents, eellar5, exterier and ittterier t?alls, grettftd er fire-t
164 f-3:eers, reefs, sidewal:it gi-atings, 5!deteal:lt openings aftd Ot!he-r
165 p3:aees that fnay be reaehed and efttered 6y rat5 by eg:intbingf-
166 burrowing or ether faetheds, by the use aE iftaterials rvieus to
5
167 rat gnawing and ether faetheds approved by the apprepriate
168 autherity.
169 Rest reem; An enelosed spaee eantaini-ng e"e or mare toilets
170 or tirinal:s ctnd ene or mere I:avateries ef fixtul.- -&
171 similar purp@.
172 Reefning house; Any dtcell:ing er that part of any dwel:3:ing
173 eentaining one er more reefaing unit5 er ene or iftere dermitery
174 r eents .
175 Reaming dnit; Any reein er greup ef raeffts forfaing a single
176 habitable unit used er inbended te be used fer living and
177 sleeping, but net for
178 Rubbish; All eetnbdstible and neneefitbustibl:e tcast- fitateria3;,
179 e5eeept garbage, aftel ine3:udinej the residtte frem the bttlning ef-
180 weed, coal:, colte and ethei eefftbttst!ible materia3:, papei- raigs-r
181 eari!ens, be3fes, weed, exee3:sier, rtibber, I:eather, t!ree branche&,-
182 yard brimmings, tin eans, feetals, ntineral fnatter, glass ereeltery'r
183 abandened vehicles and dust.
184 Any cofftbinatien ef any fnaterial:s, sehether f-ixed,
185 portab3:e or se3:f pLepe3:3:ed, forininej a eenstruetien, ine3:ttding
186 buildings.
187 'Refoperary heusing; Any tent, trailer er ether strueture used
188 fer hufnan shelter sehleh is desiejned to be transpertab3;e and which
189 i:s not attached t!e the gretind, te anethef struet!ttre er te an-Y
190 utilities system en the fer more than thirty (39+
191 eenseeutive
192 Ventilatien; The supply or remeval ef air be and frefft any
193 spaee by natural or ffteehanleal (pewer driven) devices.
194 Adopted by the City Council of the City of Virginia Beach,
195 Virginia, on the 2 day of October 1989.
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6
I 1-@i-,O'@ED ,S TO L@@-@
N ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-48 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO OPEN STORAGE OF JUNK
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 23-48 of the Code of the City of Virginia Beach
8 be, and hereby is, amended and reordained, and shall read as
9 follows:
10 Sec. 23-48. Open storage of rusted, junked, etc., machinery,
11 equipment, etc.
12 (a) It shall be unlawful for any person to place or leave,
13 on any property in the city, any dilapidated furniture, appliance,
14 machinery, equipment, building material or other item, which is
15 either in a wholly or partially rusted, wrecked, junked,
16 dismantled or inoperative condition and which is not completely
17 enclosed within a building ef dwel:l:ing. Any such item which
18 remains on the property ef any eeeepa" for a period of ten (10)
19 days after notice of violation of this section is given to the
20 owner of such Property shall be presumed to be abandoned and
21 subject to being removed from the property by the city or its
22 agents without further notice. In the event anV such item is so
23 removed, the cost of removal shall be charged to the owner of the
24 property. Any such charqe which is not paid within thirty (30)
25 days of the date on which it is billed to the owner shall
26 constitute a lien upon the 1)roperty and may be collected in any
27 manner provided by law for the collection of taxes.
28 (b) This section shall not apply to any licensed junk
29 dealers or establishments engaged in the repair, rebuilding,
30 reconditioning or salvaging of equipment.
31 (c) A violation of this section shall constitute a Class 1
32 miedemeanor. In addition to any other remedy Provided herein, the
33 housing code administrator may institute legal action to enjoin
34 the continuing violation of this section.
35 Adopted by the City Council of the City of Virginia Beach,
36 Virginia, on the 2 day of October 1989.
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2
APPROVED AS TO CC-:,
SIGNATURE
IEP lEt r
APPROVED AS TO LEGI,L
CITY
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-
2 50 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 VIRGINIA, PERTAINING TO ACCUMULATIONS OF
4 TRASH, GARBAGE, ETC., AND EXCESSIVE GROWTH OF
5 WEEDS OR GRASS
1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
2 BEACH, VIRGINIA:
3 That Section 23-50 of the City of Virginia Beach be, and
4 hereby is, amended and reordained, and shall read as follows:
5 Section 23-50. Accumulations of trash, garbage, etc., or excessive
6 growth of weeds or grass.
7 (a) Upon determination by the director of Peffaits and
8 i:nspeetiens housing and neighborhood preservation, the housing
9 code@ efficei- administrator, or any hatising inspector of the
10 department of housing and neighborhood preservation, whether
11 temporarily or permanently employed as such, that there exists upon
12 any land or premises within the city, including the area between
13 such land or premises and the curb line, any trash, garbage,
14 refuse, litter or similar substances, except as may be placed
15 thereon for purposes of collection in accordance with Chapter 31
16 of this Code, notice shall be served on the owner of such land or
17 premises or his agent, or on the occupant thereof, or both, to
18 cause such trash, garbage, refuse, litter or similar substances to
19 be removed from such land or premises within five (5) days from
20 the date of such notice.
21 (b) Upon determination by the director of permits and
22 inspeetiens housing and neighborhood preservation, the housing
23 code-a offieer administrator, or any heusing inspector of the
24 department of housing and neighborhood preservation, whether
25 temporarily or permanently employed as such, that there exists on
26 any land or premises within the city, including the area between
27 such land or premises and the curb line, any grass, weeds, brush
28 or similar vegetation in excess of ten (10) inches in height,
29 notice shall be served on the owner of such land or premises or
30 his agent, or on the occupant thereof, or both, to cause such
31 grass, weeds, brush or similar vegetation to be removed or cut and
32 removed from such land or premises within five (5) days from the
33 date of such notice.
34 (c) Service of the notice provided for in subsections (a)
35 and (b) shall be by registered or certified mail, personal delivery
36 or posting in a conspicuous place upon the land or premises;
37 provided, however, that if the land or premises are unoccupied and
38 the owner or his agent cannot be found by the exercise of due
39 diligence or are unknown, such notice shall be sufficient against
40 the owner if given by registered or certified mail to the owner's
41 last known mailing address and posted in a conspicuous place upon
42 the land or premises. The housing codes effieer administrator and
43 heusing inspectors of the department of housing and neighborhood
44 preservation are hereby authorized to deliver or post such notices.
45 (d) Failure to comply with the terms.of a notice issued and
46 served as provided in this section within the time prescribed in
47 such notice shall constitute a Class 2 misdemeanor, and each day
48 thereafter that the violation continues shall constitute a separate
49 offense. In addition to any penalties imposed hereunder, the city
50 may institute legal action to enjoin the continuing violation of
51 this section and may remove or contract for the removal of such
52 trash, garbage, refuse, litter or similar substances or grass,
53 weeds, brush or similar vegetation, in which event the cost and
54 expenses thereof shall be chargeable to and paid by the owner or
55 occupant of the land or premises. Any such charge which is not
56 paid within thirty (30) days of the date on which it is billed to
57 the owner of such land or premises shall constitute a lien upon the
58 property and may be collected in any manner provided by law for the
59 collection of taxes; provided, however, that no such lien shall be
60 valid against any owner of land or premises who was not served with
61 the notice prescribed in subsection (a) or (b) hereinabove, as the
62 case may be.
2
63 (e) The provisions of this section shall not apply to any
64 parcel of land greater than one acre in size and which is located
65 in an agricultural zoning district and used principally for
66 agricultural or horticultural purposes.
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ADOPTED: October 2, 1989
3
ROV
APP AS TO CC;
APPROVED AS TO LEG@1/2L
ciTy XTT6RNEY
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-50.1 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA, PERTAINING
4 TO THE REMOVAL OF DISEASED, ETC., TREES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 23-50.1 of the Code of the City of Virginia
8 Beach be, and hereby is, amended and reordained, and Shall read as
9 follows:
10 Section 23-50.1. Removal of certain trees.
11 (a) Upon determination by the direeter Of perntits and
12 inspectiens housing code administrator or the City arborist, or
13 the officers or employees of their respective departments, that
14 there exists upon any land or premises within the city any tree
15 which, by reason of disease, death, injury, infirmity or other
16 condition, presents a danger to property or to the health and
17 safety of persons or other trees or vegetation, notice shall be
18 served upon the owner of such land or premises or his agent or
19 upon the occupant thereof to cause such tree to be removed within
20 a reasonable period of time, not less than seven (7) days nor more
21 than thirty (30) days, specified in such notice. If the danger
22 presented by such tree may be eliminated by the removal of a
23 portion of such tree, the notice shall specify the portion or
24 portions of the tree to be so removed. For purposes of this
25 section, the term "tree" shall be construed to include the plural
26 of the term.
27 (b) Service of the notice provided for herein shall be
28 personal service or by certified or registered mail. In the event
29 the land or premises are vacant and the owner thereof or his agent
30 cannot be found by the exercise of due diligence, such notice
31 shall be given by ceitified or registered mail to the last-known
32 residence or post office box address of the owner and, in addition
33 thereto, shall be posted in a conspicuous place upon the premises.
34 Service of such notice upon one owner or occupant in any manner
35 provided for herein shall be sufficient in the event such land or
36 premises are owned or occupied jointly.
37 (c) Failure to comply with the terms of a notice issued and
38 served as provided in this section within the time prescribed by
39 such notice shall be punishable as a Class 4 misdemeanor, and each
40 day thereafter that the violation continues shall constitute a
41 separate offense. In addition to any fine imposed hereunder, the
42 direeter of p.ermits and inspections housing code administrator
43 may, in the name of the city, institute legal action to enjoin the
44 continuing violation of this section and may remove or contract
45 for the removal of any such tree or portion thereof, in which
46 event the cost of such removal shall be charged to the person or
47 persons named in the notice and collected by action at law or as
48 delinquent real estate taxes are collected, or both. The remedies
49 provided for herein shall be cumulative in nature.
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ADOPTED: October 2, 1989
2
- 17 -
Item IV-G.3
CONSENT AGENDA ITEM # 31870
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $160,000 to the Department
of Mental Health/Mental Retardation and Substance
Abuse for enhancements to Departmental operations.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO APPROPRIATE $160,000 TO
I THE DEPARTMENT OF MENTAL HEALTH/MENTAL
2 RETARDATION AND SUBSTANCE ABUSE FOR
3 ENHANCEMENTS TO DEPARTMENTAL OPERATIONS
4
5
6 WHEREAS, the state Department of Mental Health, Mental Retardation and
7 substance Abuse Services has provided additional funds in FY 89-90 for pilot
8 programs across the state and for incentive programs for diversion of clients
9 from state hospitals;
10 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental
11 Retardation and Substance Abuse has applied for and been granted funds for Mental
12 Health service enhancements, Management Information Services enhancements, and
13 hospital diversion activities;
14 WHEREAS, these additional funds from the state require no additional local
is matching funds;
16 WHEREAS, these funds will be used to enhance existing services and to
17 implement an intensive case management service program, requiring two (2)
18 additional full time permanent positions;
19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA:
21 That fundb in the amount of $160,000 be appropriated to the Mental Health/
22 Mental Retardation and Substance Abuse Fund for FY 89-90 and that revenue from
23 the Commonwealth be increased by $160,000 and that two (2.0) additional full
24 time permanent positions be authorized for case management.
25 Adopted by the Council of the City of Virginia Beach, Virginia on the Second
26 day of October,
1989.
27
28 First Readina September 18, 1989
29 Second Readina October 2, 1989
30
31
32 APPROVED AS TO
LEGAL SUFFICIENCY
33
Item IV-G.4
CONSENT AGENDA ITEM # 31871
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST READING:
Ordinance to authorize the City Manager to enter
into a Lease Agreement for the Work Release
Correction Center Annex; and, APPROPRIATE $206,049
to the Department of General Services for
associated costs.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE TO AUTHORIZE THE CITY NANAGER TO ENTER
2 INTO A LEASE AGRE FOR THE WORK RELEASE
3 CORRECTION CENTER ANNEX AND APPROPRIATE $206,049
4 TO THE DEPARTMENT OF GEN SERVICES FOR ASSOCIATED COSTS
5 WHEREAS, the Sherif f and the City have entered into an
6 agreement that the City shall provide a facility to house minimum
7 security irmates and the Sheriff shall pay for the rent of the
8 facility;
9 WHEREAS, the City has negotiated a ten-year lease agreement
10 with the owner of Princess Anne Executive Park for a minimum
11 security facility;
12 WHERF.AS, the Sheriff agrees to house in the leased facility
13 the Work Release Program inmates, and shall pay over to the City
14 all proceeds collected from the inmates for the cost of their keep;
15 WHEREAS, the Sheriff has further agreed to accept prisoners
16 of the United States government to the degree that the fees paid
17 to the Sheriff for housing of these federal inmates shall meet or
is exceed the annual rent of the leased facility, and shall pay over
19 to the city all of those collected funds, irrespective of the
20 actual number of housed prisoners;
21 WHEREAS, the first year's cost of the facility including one-
22 time expenditures is estimated at $206,049 funded by increased
23 revenues from the Work Release Program and the Federal Inmate
24 Housing Program.
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINAL BEACH, VIRGINIA, that the City Manager be authorized to
27 enter into a ten-year lease agreeiuent for the Work Release
28 Correction Center Annex at Princess Anne Executive Park consistent
29 with the agreement with the Sheriff;
30 BE IT FURTHER ORDAINED that funds in the amount of $206,049
31 be appropriated to the General Services Department for the first
32 year's lease payment and one-time construction and equipment costs,
33 with a corresponding increase in estimated revenues.
34 This ordinance shall be in effect from the date of its
35 adoption.
36 Adopted by the Council of the City of Virginia Beach, Virginia
37 on the - day of 1989.
38 First Reading: October 2. 1989
39 Second Reading:
APPP,,OVED
AGREEMENT
THIS AGREEMENT, made this aolk day f J.1y, 1989, by
and between the City of Virginia Beach, party of th.e first part
(hereindfter referred to as the City), and the Sheriff'of the City
of Virginia Beacb, party of the second part (hereinafter referred
to as the Sheriff),
WITNESSETH:
WHEREAS, the Virginia Beach Correctional Center houses
a substantial number of irunates in.excess of its capacity; and
WHEREAS, the City has determined to lease certain
property known as 2371 Court Plaza Drive, in the City of Virginia
Beach, for use as a facility to house minimum-security inmates of
the Correctional Center;,and
WHEREAS, the City has agreed to be responsible for
payment of the rent for such facility;
NOW, THEREFORE, the parties do hereby covenant and agree
as follows:
1. The Sheriff shall continue to accept, for purposes
of confinement, prisoners of the United States. Subject to the
availability thereof, the minimum number of such prisoners
accepted shall, when multiplied by the rate of compensation
payable by the United States to the Sheriff for the keep of such
prisoners, be such as to equal or exceed the cost of rent of the
aforesaid facility.
2 In accordance with Section 53.1-92 af the Code af
Virginia, as amended, the Sheriff shall pay over ta the City all
funds callected on account of the confinement af prisaners of the
United States by the Sheriff, irrespective af the number of such
prisoners @ho are canfined at the aforesaid facility. '
3. Subject ta limitations upon the capacity of the
aforesaid facility, the Sheriff shall hause therein inmates
participating in work release programs. In addition thereto, the
Sheriff shall, subject to the aforesaid limitation, house in such
facility all irimates serving weekends in jail; provid--d, however,
that nothing contained in this Agreement shall be construed as
requiring the Sheriff to house in the aforesaid facility any
irunate who does not, in the sole judgment of the Sheriff, qualify
for minimum-security classification and confinement.
4. The Sheriff shall pay to the City, for each inmate
who participates in a work-release program and is housed at the
aforesaid facility, and for each irunate who is serving weekends
in jail-and is housed therein, such sum of money as is collected
by the Sheriff from the inmate for the cost of his or her keep.
5. The term of this Agreement shall be for ten (10)
years, commencing on the date of commencement of the lease between
the City and the owner of the aforesaid facility.
CITY OF VIRGINIA BEACH
Citty Managcr
ATTEST-
City Clerk
2
CITY OF VIRGINIA BEACH
SHERIFF'S OFFICE
Sheriff
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ILY@ ZEO )xoe4,@a Notary Public in and for the
City and State aforesaid, do hereby certify that AUBREY V. WATTS,
JR., City Manager for the CITY OF VIRGINIA BEACH, whose name as
such is signed to the foregoing Agreement, has acknowledged the
same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this 3/ day of 1989.
N@y P)Iblic
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
HoeAv" Notary Public in and for the
City and State aforesaid, do hereby certify that RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name as
such is signed to the foregoing Agreement, has, acknowledged the
same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand thil day of 1989.
-Nktary Public
My Commission Expires:
3
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for the
City and State aforesaid, do hereby certify that BILL R. OVERMAN,
Sheriff ior the CITY OF VIRGINIA BEACH, whose name a@s such is
signed to the foregoing Agreement, has acknowledged the same
before me in the City of Virginia Beach,_State of Virginia.
GIVEN under my hand this,@c' day of )41 @-'e 2 1989.
Notary Public
My Cormnission Expires:@
WMK/dhh
JAIL.AGM At'Pko'cts@V
07/17/89
C@ITY ATTOQFIEY
4
- 19 -
Item IV-G.5
CONSENT AGENDA ITEM # 31872
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $512,873 to the Sheriff's
Department for the Work Release Correction Center
Annex, offset by $475,898 of increased revenues;
TRANSFER $36,975 from General Fund Reserves; and,
AUTHORIZE twenty-five (25) additional Deputy
positions approved by the State.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Octo r
1 AN ORDINANCE TO APPROPRIATE $512,873 TO THE SHERIFF'S
2 DEPAR@ FOR THE WORK RELEASE CORRECTION CENTER ANNEX
3 OFFSET BY $475,898 OF INCRFASED S AND THE TRANSFER OF
4 $36,975 F'ROM GENERAL FUND RESERVES, AND TO AUTHORIZE
5 TWENTY-FIVE ADDITIONAL DEPUTY POSITIONS APPROVED BY THE STATE
6 WHEREAS, the State Compensation Board has authorized twenty-
7 five additional deputy positions for the Work Release Correction
8 Center Annex for the Sheriff's Department;
9 WHEREAS, total costs f or the f acility in salaries, fringe
10 benef its, furniture, medical care, equipment and supplies are
11 $512,873;
12 WHEREAS, of the total $512,873 needed, $371,344 will be funded
13 through salary reimbursements from the Commonwealth, $104,554 from
14 increased revenues from the Work Release Program and Federal Inmate
15 Housing Program, and the transfer of $36,975 from General Fund
16 Reserve for Contingencies;
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA that twenty-five additional deputy
19 positions granted by the Corapensation Board be approved and
20 $512,873 be appropriated to the Sheriff's Department;
21 BE IT FURTHER ORDAINED that estimated revenues from the State
22 in the form of salary reimbursements be increased by $371,344 and
23 the Work Release Program and Federal Inmate Housing Program be
24 increased by $104,554;
25 BE IT FURTHER ORDAINED that funds in the amount of $36,975 be
26 transferred from General Fund Reserves to the Sheriff's Department
27 f or the City I s portion of fringe benef its f or the deputy positions;
28 This ordinance shall be in effect from the date of its
29 adoption.
30 Adopted by the Council of the City of Vir a Beach, Virginia
31 on the- day of 1989.
32 First Reading: October 2, 1989
33 Second Reading: LEGIALSU
- 20 -
Item IV-G.6
CONSENT AGENDA ITEM # 31873
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $63,500 for the purposes of
rehabilitating the City Building on the corner of
19th and Arctic Avenue and renovating the Emergency
Medical Services Building.
Voting: 10-0
Council Mernbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE TO TRANSFER $63,5W FOR THE
2 PURPOSES OF REHABILITATING THE CITY BUILDING
3 ON THE CORNER OF 19TH AND ARC71C "ENUE AND
4 RENOVATING THE EMERGENCY MEDICAL SERVICES BUILDING
5 VVHEREAS, the public demands on both the Office of Emergency Medical Services and the
6 Treasurer's Office have Increased to the point where thelr existing facilfties in the Beach Borough are
7 Inadequate;
8 WHEREAS, to address the need for addftlonal space k has been proposed that the City Treasurees
9 offlce, currendy joindy located wfth Emergency Medical Services, be moved to a cky-owned building on the
10 comer of 19th and Arctic Avenue allawing Emergency Medical Services to exparid wfthin their existing
11 buuding;
12 WHEREAS, the cost of the expansion for Emergency ModicaJ Services Is estimated at $30,000, while
13 the cost of renovation to the facufty at 19th and Arctic Avenue for use by the Treasurer's OfFice Is estimated
14 at $33,500, resulting In a total cost of $63,SW;
15 WHEREAS, the amount needed may be transferred from projects #3-826 Energy Conservation
16 Program and #3-983 North Lariding Parking Lot, since both projects are completed and the funds need not
17 be replaced.
is NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA:
20 That funds in the amourit of $50,000 from project #3-826 Energy Consetvation Program, and
21 $13,500 from project #3-983 North Landing Road Parking Lot be transferred to allow for the renovation to
22 the city structure at 19th and Arctic for use by the City Treasurer's Office and renovation of the existing
23 building for use by Emergency Medical Services.
24 BE IT FURTHER ORDAJNED:
25 That the City Manager be authorized to enter into all necessary contracts and agreements for
26 complatlon of the work.
27 Thls ordiriance shall be effective from the date of fts adoptlon.
28 Adopted by the CouncU of the Cky of Vlrginia Beach, Virginia, on the 2-@ day of
29 October 1989.
- 21 -
Item IV-G.7
CONSENT AGENDA ITEM # 31874
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
LOW BIDS:
Quality Engineering Company, Inc. in the amount of
$101,335 for 1989-90 Roadside Culvert Installation
Contract.
Contractors Paving Company in the amount of
$83,889.95 for Farmers Market Parking Lot Expansion
(CIP 3-980).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 22 -
Item IV-G.8
CONSENT AGENDA ITEM # 31875
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing License Refunds in the amount
of $6,450.50 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
FoRm i4o. CA a REV. "S
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commission6r of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Marich Corp. 1987/89 Audit 123.30 123.30
T/A Swifty Shoe Repair
1989 landstown Road
Virginia Beach, VA 23456
Prices Inc. 1988 Audit 4,225.33 4,225.33
4815 Va. Beach Bl@.
Virginia Beach, VA 23462-0218
Vann, Robert T. 1987/88 Audit 323.32 323.32
T/A Vam Travel Agency
913 General Hill Drive
Virginia Beach, VA 23454
Certified as to Payment:
@ert P. Vaughan
Commissioner of the Reven@
Approved as to form:
Cevin J/Cosgfove
Interiifi City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $4,671.95 were approved by the Council
2 October 89
of the City of Virginia Beach on the- day of .19 -
Ruth Hodges Smith
City Clerk
t4o. CA 8 mv.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty Int. Total
Year Paid
A-1 Travel Center Inc. 1988/89 Audit 452.11 452.11
T/A Lynnhaven Travel Center
613 21st Street
Virginia Beach, VA 23452
Centerline Associates Ltd. 1988 Audit 1,287.36 1,287.36
4016 Raintree Road S-100B
Chesapeake, VA 23321
K & N Franchises Inc. 1987/88 Audit 39.08 39.08
T/A Mister Donut of Arrk-xica
1536 Bay Point Drive
Virginia Beach, VA 23454
Certified as to Payment:
@ert P. Vaughan
Commissioner of the @venue
Approved as to form:
Kevin J/'Cos@-Ve
This ordinance shall be effective from date of Interim City Attorney
adoption.
The above abatement(s) totaling $1,778.55 were approved by the Council
of the City of Virginia Beach on the@ day of October 19 89
Ruth Hodges Smith
City Clerk
- 23 -
Item IV-G.9
CONSENT AGENDA ITEM # 31876
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$679.26 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
FORM NO. C.A. 7 9/12/89 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Joe Jacobson 89 RE(1/2) 54287-5 8/29/89 131.22
William L & Gladys Brown 89 RE(1/2) 14285-1 12/5/88 27.21
Lonnie Jr & Lena Grimstead 89 RE(1/2) 43793-5 12/5/88 269.60
First Union Mortgage 86 RE(1/2) 97228-9 12/5/85 17.64
First Union Mortgage 86 RE(2/2) 97228-9 5/16/86 17.64
Myrtle W Curtis Francis 83 pp 166333-5 6/20/89 71.06
Arnold.,J'Schwartz 89 pp 165008-6 8/9/89 47.19
Ronald W Delvecchio N/A Pkng 282534 8/21/89 12.00
Total 593.56
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling to
$593,56 were approved by
the Council of the City of Virginia
Beach on the 2 day of October .1989
hn T. Atkin ra..r.,
Al proved as to form:
Ruth Hodges Smith
City Clerk
Kevin J. Cos'grove
lnr.erim City Attorney
FORM NO. C.A. 7
9/20/89 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Ralph E & Bonnie Sutton 89 RE@2/2) 108531-3 9/12/89 26.40
Stanley G Woodhouse 89 RE 2/2) 126005-2 6/5/89 15.52
Lucille Thompson & L Brown 89 RE@1/2@ 111169-6 12/5/88 54
Lucille Thompson & L Brown 89 RE 2/2 111169-6 6/5/89 3:24
Frances G Maragon N/A Pkng 280151 7/21/89 20.00
Thomas H Ely Jr N/A Pkng 277923 9/15/89 20.00
Total 85.70
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling ce as to pa
$85.70 were approved by
the Council of the City of Virginia
Beach on the 2 day of October, .1989
son, Tr@asurer
Approved as to form:
Ruth Hodges Smith
City Clerk
,-Kevin F. cosfrove
Interim City Attorney
- 24 -
Item IV-H.l.
APPOINTMENTS ITEM # 31877
Upon NOMINATION by Councilman Moss, City Council APPOINTED:
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICR COMMISSION
Robert W. Berry, Jr.
(Two-year term from 11/1/89 thru 10/31/91)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 25 -
Item IV-H.2.
APPOINTMENTS ITDI # 31878
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS:
HISTORICAL REVIEW BOARD
- 26 -
Item IV-H.3.
APPOINT'MENTS ITEM # 31879
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
RESORT AREA ADVISORY COMMISSION
William S. Dillon
Unexpired term thru 12/31/89
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 27 -
Item IV-H.4.
APPOINTMENTS ITEM # 31880
Upon NOMINATION by Councilman Balko, City Council REAPPOINTED:
TRANSPORTATION SAFETY COMMISSION
Dwight G. Blankenbaker
(Three-year term 11-1-89 thru 10/31/92)
AND, APPOINTED:
Charles L. Watkins
(Three-year Term 11-1-89 thru 10-31-92)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Flenley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
flarold Heischober
- 28 -
Item IV-H.5.
APPOINTMENTS ITEM # 31881
Upon NOMINATION by Vice Mayor Fentress, City Council CREATED:
AND, APPOINTED:
LABOR DAY REVIEW COMMIESSION
Mrs. Janet Ballard
(Office of Alumni Affairs - Virginia Union University)
(Designee of the National Director, Pan Hellenic Council)
Dr. E. E. Brickell
(President - Medical College of Hampton Roads)
Mr. Jimmy Capps
(Owner - The Breakers Resort Inn)
(Past President, Virginia Beach Hotel/Motel Association)
Dr. Mark Chadwin
(President - Urban League of Hampton Roads)
Mr. James A. Daniels
(Assistant Principal - Azalea Gardens Middle School)
Honorable Lawrence Davies
(Mayor - City of Fredericksburg)
Honorable Thomas N. Downing
(former U.S. Congressman)
Mr. Andrew S. Fine
(Attorney-at-Law/Runnymede Corporation)
Mr. Thomas R. Frantz
(Attorney-at-Law)
Mrs. Joan C. John
(Library Assistant - Old Donation School)
Darnell Miller
(President - ODU Pan Hellenic Council)
Mr. Frederick J. Napolitano
(President - Hampton Roads Chamber of Commerce)
Ms. Wanda Reilly
President/Student Association - Hampton University)
Dr. Susan Sadler
(Psychologist)
Mr. Jack Wagner
(former F.B.I. agent)
Dr. G. William Whitehurst
(former United States Congressman)
Dr. Harrison Wilson
(President - Norfolk State University)
- 29 -
Item IV-H.5.
APPOINTMENTS ITEM # 31881 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Heyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 30 -
Item IV-H.6.
APPOINTMENTS IT34 # 31882
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
Dr. E. E. Brickell
CHAIRMAN
LABOR DAY REVIEW COMM]ISSION
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
Harold Heischober
Prior to his departure for the funeral, Councilman Heischober indicated to City
Council his complete support of the Labor Day Review Commission and the
appointment of Dr. Brickell as Chairman.
- 31 -
Item IV-I.I.
UNFINISHED BUSINESS TTEM # 31883
Mayor Oberndorf publicly expressed appreciation to the City Manager, Members
of City Council, City Staff and residents of the City for their generous
assistance to the citizens of Charleston, South Carolina, after the Hurricane
Hugo devastation.
- 32 -
Ttem IV-I.2.
UNFINlSHED BUSINESS TTEM # 31884
The City Manager advised the water system is now functioning from the MOORE'S
BRTDGES PLANT. Normal service has now been resumed.
Mayor Oberndorf again expressed appreciation to the City Manager and the City
employees who rendered assistance to the City of Norfolk, as well as the
citizens who fully cooperated in conserving water use and pressure.
- 33 -
Item IV-1.2.
ADJOURNMENT ITEM # 31885
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the
Meeting at 2:30 P.M.
Bever@ 0. lfooks
Chief Deputy City Clerk
@uth Hodg@ Smith, CMC
M@@y-ra Oberti
City Clerk Mayor
City of Virginia Beacli
Virginia