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HomeMy WebLinkAboutFEBRUARY 1, 1982 MINUTES M I N U T E S I N F 0 R M A L B R I E F I N G S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 1 February 1982 The JOINT INFORMAL BRIEFING SESSION of the Council of the City of Virginia Beach and the School Board was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Council Chambers, City Hall Building, on Monday I February 1982 at Eleven o'clock in the morni ng . Council Members Present: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing School Board Members Present: Vice-Chairman Robert H. Callis, Jr., Robert W. Clyburn, Homer W. Cunningham, John A. Fahey, James N. Fletcher, Leland M. Hood, Laura M. Tebault, Duncan S. Wallace, M.D., Chairman Roy A. Woods, Ph.D School Board Members Absent: Rita Kelberg, and Norris W. Shirley Dr. E. E. Bruckell, Superintendent of Schools, attended the INFORMAL BRIEFING SESSION. - 2 - ITEM #17727 Mayor McCoy introduced Dr. Roy A. Woods, Chairman of the School Board, who gave Council an update on the Budget and Impact Funds. Dr. Woods advised that during the 1982-1983 School Budget $7-Million in Impact Funds was budgeted, which was "cut" by Congress to $6-Million- To date the School Board has received $1.3-Million. The School Board was "promised by the Assistant Secretary" they would receive $2.5-Million by March 1, 1982, and the remaining $2.5-Million will have to be appropriated by Congress before the School Board will receive the f u n d s - Dr. Brickell advised that the State Board of Education adopted a Position Paper to alert the General Assembly to loss of impact aid, and suggesting in the Paper that the General Assembly establish an "Emergency Fund" for the 1982-83 fiscal year to aid areas that lose the funds. There are thirty-seven (37) Districts which receive Impact Aid from the government. Among them are Norfolk, Portsmouth, Virginia Beach, Prince George County, Fairfax, with Virginia Beach being the most "heavily endowed" with Category "A" pupils*. In order for the City Council and the School Board to have a basis for discussion of possible actions, Dr. Brickell presented the following recommendations, suggesting that they be "accepted, rejected, or modified as the collective wisdom of the two bodies dictate". Recommendation #1: That we move immediatelay to employ competent legal Counsel to advise us and work with us in our dealings with the federal authorities. I have spoken to an attorney who has extensive experience in impact fund matters, and he is available for service should it be decided that he is the appropriate person. Recommendation #2: That we meet as soon as possible with area military base commanders, to explain to them the problem, our proposed course of action, and the reasons for same. Recommendation #3: That we meet as soon as practicable with various groups of military families and/or dependents, to explain the difficulties we face, the reasons for any action we might take, and the fact that our quarrel is certainly not with our military citizens but rather with the federal government. Recommendation #4: That we consult with Counsel and prepare at once the papers necessary to impose a tuition charge upon all "A" pupils, notifying the parents of the charge, and delivering the bills for the tuition to the appropriate base commander, to be forwarded to the Department of Defense. Recommendation #5: That we take immediate steps to advise the Secretary of Education that, without impact funds, we will no longer be able to provide educational services for "A" students, and that we expect the Department of Defense to prepare to offer these services or to enter into a contractoral arrangement with us for the services. *Category "A" students are students whose parents work and live on a military base. - 3- With Council's concurrence, Vice-Mayor Heischober placed the recommendations in the following order of importance: Recommendation #I: That we move immediatelay to employ competent lega@ounsel to advise us and work with us in our dealings with the federal authorities. *I have spoken to an attorney who has extensive experience in impact fund matters, and he is available for service should it be decided that he is the appropriate person. Recommendation #5: That we take immediate steps to advise the ecretary o E ucation that, without impact funds, we will no longer be able to provide educational services for "A" students, and that we expect the Department of Defense to prepare to offer these services or to enter into a contractural arrangement with us for the services. Recommendation #2: That we meet as soon as possible with area military base commanders, to explain to them the problem, our proposed course of action, and the reasons for same. Recommendation #3: That we meet as soon as practicable with various groups of military families and/or dependents, to explain the difficulties we face, the reasons for any action we might take, and the fact that our quarrel is certainly not with our military citizens but rather with the federal government. Recommendation #4: That we consult with Counsel and prepare at once the papers necessary to impose a tuition charge upon all "A" pupils, notifying the parents of the charge, and delivering the bills for the tuition to the appropriate base commander, to be forwarded to the Department of Defense- It was noted that Recommendations three (3) and four (3) will be undertaken by the School Board. At the suggestion of Councilwoman Oberndorf, the Military Liaison Committee will meet to discuss the above recommendations. *Quoting Dr. Brickell's letter M I N U T E S S P E C I A L M E E T I N G VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia I February 1982 In accordance with Section 2-21 of the Code of the City of Virginia Beach the JOINT SPECIAL MEETING of the Council of the City of Virginia Beach, Virginia, and the School Board, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Counci 1 Chambers, City Hall Building, on Monday, 1 February 1982, for the purpose of discussing Legal Matters. Council Members Present: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice-Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing ITEM #17728 Mayor McCoy entertained a motion to permit Council and the School Board to RECESS into EXECUTIVE SESSION for the purpose of discussing the following: 1. LEGAL MATTERS: Consultation with legal Counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. - 2- Upon motion by Councilman Buchanan, seconded by Councilman Baum, City Council voted to RECESS into EXECUTIVE SESSION, (12:00 Noon). Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 3- ITEM #17729 Upon motion by Councilman Holland, City Council adjourned the SPECIAL MEETING jointly with the School Board at 12:25 p.m. Diane M. Hickman, Deputy City e@rk R6th Hodges SRTith, CML;, City Clerk Mayor J. Henry McL;oy, Jr., D.D.S. City of Virginia Beach, V i r g i n i a 1 February -Special Meeting dmh LA@R@,L-ST riE,-@ORT CITY" CITY COU.;CIL .IfA eOR 1, HF@R@ I',COY IR,, D,D.S., ilARCLD HEISCHOBER. L.,g, JOH@ A, BAt:lf. E. T. BL:CHA,@A,@ F@ ;ZEID LRI@IN. Al L.,v B.RBARA Al. HE.\LEY, P-g. B --- gb CLAiZE.@CE A. @IOLLAND, REBA S. .11@CLA%A.N, A,- @f'YERA E. OBERNDORF, Al L.,g@ 21' CIT)' HALL FAFRICK i.. STA.\DIN(;. Al L.," MUNICIPAL CE,%7P.F, RL@TH HODGES SAIITH, Ci,, VIRGINIA BEAC.1i, VIRGIN[, --'3456 CITY COUNCIL AGENDA February '@, 1982 ITEtl I INFORT!AL SESSION: 12:30 p.m. A. CALL TO ODDER B. ROLL CALL OF COUNCIL C. ;IOTIOtl TO RECESS INTO I@IFORIIAL/EXECUTIVE SESSION D. PPESENTATION/DISCUSSION OF PERTINE@IT tiATTERS 1. @lat.ters for discussion by @a or. 2. liatters for discussion by Council. 3. Slide Presentation: "Let the Sun Shine Tn" - Economic !)evelon,,I@illt 4. Tourist Development Division ITE@i II FOR!IAL SESSION: 2:00 p.m. A. INVG-UATIO,'@: Reverend 'il. Forest Porter, Jr. Lynnhaven United fiethodist Church B. PLED-UE OF IALLEGIPNCE TO THE FLAG OF THE UNITEN STATR@S OF AT!ERTCA C. ELECTRONIC POLL C)@LL OF COU@ICTL D. IIII!UIES OF PREVIOLIS IIEETII,,C@: tlotion to accept/appi,o%,e tlie @,litiu@Les c)i@ uanuat,y 'L'5, 1982. a. Correction io tlinutes of Jaritiary 25, 19P?, Itol 17710, 2 ITE14 II E. PRESENTATION 1. Virginia Beach Clean Community Conmission 2. Ruth Hodges Smith, CMC F. RESOLUTIONS 1. Resolutions of Appreciation a. Diane Owens b. Tommy Robertson C. Robbie Ianak 2. Resolution ih Memoriam a. Police Officer Daniel T. Maloney 3. General a. Resolution supporting Senate Bill 144 which strengthei,s the drunk driving laws in Virginia. G. CONSENT AGENDA All matters listed under tlie Consert Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that itcm will be reinoved from, the Consent Agenda and consid2red separately. 1. Bingo/raffle permit: Virginia Beach Skating Club Bingo/Raffle 2. Request of the City Treasurei, for '@ax refunds in the amount of $577.11. 3 ITEM II H. ORDIPIANCES 1. City Code Amendmen+.s a. Ordinance to amend and reordain Sections 21-2, 21-5 21-7, 21-8, 21-10, 21-15, 21-16, 21-116, 21-125, 21-150, 21-205, 21-206, 21-207, 21-237, 21-251, 21-294, 21-295, 21-296, 21-311, 21-312, 21-314, 21-322, 21-369, 21-371, 21-457 and 21-464 of the Code of the City of Virginia Beach and add to the Code of the City of Virginia Beach Section 21-323.1 pertaining to motor vehicles and the traffic code. City Manager recommends approval. b. Ordinance to ainend and reordain Sections 7-1, 7-47, 7-50, 7-52.1 and 7-57 of the Code of the City of Virginia Beach and adding Sections 7-5.1 and 7-50.1 pertaining to bicycles and mopeds. City Manager recommends approval. 2. First Readings a. Ordinance, on FIRST READING, to appropriate additional funds for -Lhe Clean Cornmunity System Program. The City Manager recommends approval. 3. General a. Deferred Itens 1. Ordinance to amend and reordain Article 2, Section 201(d) of the Comprehensive Zoning Ordinance pertaining to requiremc,nts relating to fences and walls. This item was deferred for one week on January 25, 1982. a. Letter from the City Manager transmits 'he recommendation of the Planniiig Conimission for oval. b. New Items 1. Ordinance to authorize a temporary encroachi@ient into a portion of the right-of-way of Sea Horse Way to King's Forest Garden Club. Letter from t@ie City Manager recommends approval. 2. Ordinance to authorize a temporary encroachment in-@o a portiori of the right-of-way of Princess Anne Road and Susquehanna Drive to Arrowllead Recreatioti Associatiori. @@@orii +..!,,- City Mani?,ger rocorimcnd!; a-,prov@ll . 3. Ordinance to a.,nend and reordain Chapter 2 of tlie Code of the City of Virginia Beach, bv adding thereto Article XIX, establishing a Division of City Purchasing a.nd the @-Lipervision aid irn,,)Icmentaticn thcl-e(jf 4. Ord@.@nance E..s'liib-.'ishina ce,-tain procedures and Do-i-icies for the City of Virginia licach, Vii-ginia, relat-i@ig to purc@tasin,, atid disposal of surp'ius propcrty. 4 !TEM II [i. ORDINANCES (cotit'ci) 4. Low Bids 1. Low bid of Beale Construction Company, in the amount of $517,500, for the Constitutional Officers' Building renovation; and, authorize the City Manager to enter into the necessary agreements for the implementation of this proiect. I. APPOINTMENTS 1. Back Bay Salt Water Commission 2. Eastern Virginia Health Systems Agency 3. Minimum Housing Board of Appeals. J. UNFJNISHED BUSINESS 1. Application of Melvin D. and Olivia A. Ulrey, 1864 Indian River Road, Virginia Beach, Virginia (in accordance w,*th Chapter 19, Article 1, Section 19-19 of the Code Of t@e City of Virginia Beach), for a FREE-S'RANDING MOBILE HOME, This item was deferred for one week on January 25, 1982. 2. Bob Engesser to speak on "Public Safety" K. NEW BUSINESS L. ADJOURii[,IENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 1 February 1982 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference Room, City Hall Building, on Monday, 1 February 1982, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing ITEM #17730 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal Counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. - 2- Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to recess into EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 3- M A T T E R S B Y T H E M A Y 0 R SANITARY SEWERAGE ITEM #17731 Mayor McCoy made reference to a letter written to J. E. Laughlin concerning sanitary sewerage in the Lake Shores/Shenstone Green areas advising certain information Mr. Laughlin requested would have to be obtained from the State Health Department. Mayor McCoy further made reference to a letter from James A. Evans, Attorney, advising he had been retained to represent J. E. Laughlin relative to the installation of sanitary sewerage in the Lake Shores/ Shenstone Green areas. VIRGINIA BEACH EDUCATION ITEM #17732 Mayor McCoy advised that Jamie Chapman, President of the Virginia Beach Education Association, telephoned notifying Council that the VBEA had dropped their plans of placing the Referendum Question on the May 4, 1982 ballot. Mr. Chapman requested a fneeting with City Council on February 8, 1982. By consensus of City Council, Mr. Chapman will meet with them on February 8, 1982 for approximately 20 minutes, and Mr. Chapman is to provide Council, in advance, with his remarks. CORVETTE CLUB ITEM #17733 Councilwoman Oberndorf made reference to a letter from the Corvette Club in opposition to the taxing of older automobil6s. REVENUES/EXPENDITURES ITEM #17734 Councilman Buchanan advised he read the City Manager's report on Revenues and Expenditures and asked if he was going to report on the matter today. The City Manager advised it was presented to Council for their information only. - 4- I N F 0 R M A L S E S S I 0 N FINANCIAL ADVISORS ITEM #17735 The City Manager introduced the following Co-Managers and Bond Counsel: Robert E. Toolan, Wainwright and Ramsey, Inc. Robert Riehle, Wainwright and Ramsey, Inc. George Borris, Chase Manhatten Bank, N.A. Jeffrey Biever, Chase Manhattan Bank, N.A. A. Hardy Eubanks, III, Chase Manhattan Bank, N.A. Robert A. Boytano, First Wisconsin National Bank of Milwaukee Stanford G. Ladner, Mudge Rose Guthrie and Alexander Lary Stromfeld, Mudge Rose Guthrie and Alexander Joan M. Johnston, Hunton and Williams Mr. Toolan advised that in December of 1981, the City of Virginia Beach "went forward" with a request for bids on $65-Million in Bonds. The bids were returned for $49-Million. The consensus of Council was to reject all bids. On December 30, 1981, the City was able to affect the sale of $21.5-Million, eight and one-half percent (Bl@%) Notes. The Notes were for 90 day maturity, maturing on March 30, 1982. There will be a 10% interest limit on the Water and Sewer Bonds, with payments for a period of 10 years. Miss Johnson advised that the Resolutions adopted regarding the authorization of $65-Million in Bonds, setting the maturity date, and arranging for the preparation of the Official Statement have been utilized and will continue to be utilized. Council was advised that ALL the Bonds would be purchased-not just part of the issue, and they would be purchased whether sold or not, with a 15 year "pay-out". It was noted that the dated date of the Bonds would be changed from December I to February 1. The City Manager advised Council of a possible Special Meeting on Friday, February 5, 1982, for the purchase of these Bonds. - 5 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 1 February 1982 2:00 p.m. Council Members Present: John A. Baum, E. T. Buchanan, F. Reid Ervin*, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing INVOCATION: Reverend W. Forest Porter, Jr. Lynnhaven United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA *COUNCILMAN ERVIN VOICED A VERBAL "PRESENT'@ - 6- M I N U T E S ITEM II-D.1 ITEM #17736 Upon motion by Council woman Oberndorf , s eco nded by Cou nci lwoman Hen l ey, City Council voted to APPROVE the Minutes of the Regular Meeting of 25 January 1982, as corrected: Item 17710 - City of Virginia Beach (Burton Station) The 3.7 acres is composed of two (2) parcel s : (1) .9-acre pa 1 le ch om 1-2 D i s t r ? n c:, c r ommunity-Busine t to R 8 Resi- dential District; And, (2) 2.8-acre parcel be changed from B-2 Community-Business District to 0-1 Office 0 i s t r i c t - (Modified from R-8 Residential District) Voting: 10-0 Counci I Members Voti ng Aye John A. Baum, E. T. Buchanan,* F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Counci I Members Voting Nay None Council Members Absent: Patrick L. Standing *COUNCILMAN BUCHANAN VOICED A VERBAL "AYE" - 7- P R E S E N T A T I 0 N ITEM II-E.1 ITEM #17737 Robert Goodman, Chairman of the Virginia Beach Clean Community Commission, presented Plaques to the City of Virginia Beach for the Clean Community Commission having won First Place-State for the Large Community Award gi ve n by Keep Vi rgini a Beauti ful , Anti-Litter Program; Second Place-National for Large Community Category, Keep America Beautiful , Anti-Litter Program and First Place-National Awareness Program for Keep America Beautiful. Mrs. Dorothy Estes, Clean Community Coordinator/Landscape Services, assisted Mr. Goodman. ITEM II-E.2 ITEM #17738 Mayor McCoy presented to the City Clerk for having attained the title of Certified Municipal Clerk (only 14 in the State of Virginia), her CMC Pin, nameplate and flowers from Council Members. R E S 0 L U T I 0 N S 0 F A P P R E C I A T I 0 N ITEM II-F.1 ITEM #17739 Upon motion by Councilman Buchanan, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the Resolutions of Appreciation and present same to: Diane Owens Tommy Robertson Robbie Janak R E S 0 L U T I 0 N WHEREAS, on January 15, 1982, schools were closed due to the snow and ice storm and children were enjoying the rare iced over lake; WHEREAS, five 3,ear old Jonathan Robertson, son of Mr. and Mrs. Thomas Robertson of 1027 Iowa Court, his brother, Tonimy, and friends were playing near a pond back of White Oaks Elementary School when Jonathan fell tlirough the ic6 into the freezing waters; WHEREAS, Brother Tommy (7 years old) tried to pull Jo!lathan free but could not so he called to his friend, 10 year old Robbie Janak. While Tommy and Robbie were struggling to free Jonathan, other children watched, laughed and continued to ride their bicycles on the ice; but, Diane Owens, (14 years old) heard the screanis and with ice crackin g al 1 a round her as sis ted Tommy and Robbi e in f reeing Jonathan. His snowsuit was saturated and his boots were filled with water. Diane carried Jonathan ol@f the ice, up the hill and to a neighbor w[io was a stranger but took them in and assisted Diane in removing Jonathan's wet clothes and getting him warin until his inotil-r arrived to take him home; and, WHEREAS, Diane Owens admits she was frightened, but determined to implement what she had learned from a s4;rnilar scene on the TV Ser4les, "Little House on the Prairie". She remembered the techniques of life- saving and the importance of rernoving the wet clothing to warm the body as quickly as possible. NOW, THEREFORE BE IT RESOLVED: That the Virginia Beach City Council recognizes Diane Owens, Tomniy Robertson and Robbie Janak for immediate and courageous action to save the life of Jonathan Robertson. Given under my hand and seal this First day of February, 1982. J. Henry McCoy, Jr., D.D.S. Mayor 9- Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -10- R E S 0 L U T I 0 N I N M E M 0 R I A M ITEM II-F.2 ITEM #17740 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the Resolution In Memoriam and present same to the family of OFFICER DANIEL T. MALONEY. Voting: 10-0 Council Members Voting Aye: John A. BaLrn, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin'III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 1 2 - R E S 0 L U T I 0 N - G E N E R A L ITEM I I-F. 3 ITEM #17741 Mrs. Lillian DeVenny, Vice President/Virginia Chapter of Mothers Against Drunk Drivers (MADD), spoke in favor of the proposed Resolution. Upon motion by Councilman Ervin, seconded by Councilwoman Henley, City Council voted to ADOPT the Resolution supporting Senate Bill 144 which strengthens the drunk driving laws in Virginia. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold He i schober, Barbara M. Henl ey, Cl arence A. Hol 1 and , M. D. , W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 3 R E S 0 L U T I 0 N WHEREAS, each year in Virginia Beach and all across knerica, persons driving unde-- th@ influence of alcoholic beveragcs -@n- creases; WHEREAS, statistics show that in 1981 thirty-four Virginia Beach citizens lost their lives in fatal accidents. Sixteen of these fatalities were attribut--d to alcohol-related accidents. Statewide 1,013 persons lost their lives in traffic accidelits and approximately forty-eight percent (48%) of these were alcohol- related. Nationwide it is estimated that 48-70% of the fatali- ties are caused by alcohol and/or drugs; WHEREAS, in 1981, in the State of Virginia, there were more than 44,000 arrests for driving wlii.le intoxicated. Of these, only 12,513 were actuall@ convicted of the crime as defined: .'Driving Under the Influence". Of the remaining 32,000, 2B,000 participated in the Alcohol Safety Action Program and had their charges either dismissed or reduced to a lesser offense; WHEREAS, from past records an offender's chance of being arrested for "driving under the influence" is only One in Two Thousand; and, only one-lourth of those are convicted, and, WHEREAS, the General Assembly is now in its One Hundred Sixty-fifth Regular Session and Senator Canada has designed Sen- ate Bill 144 to strengthen the drunk driving laws in Virginia. NOW, TREREFORE, BE IT RESOLVED: That the Virgiriia Beach City Council adopt this Resolution in support of Senate Bill 144 and forward copies to the Governor of the Commonwealth and all legislative representatives in the Virginia General Assembly. Adopted by the City Council of the City of Virginia Beach, on February 1, 1982. - 1 4- C 0 N S E N T A G E N D A ITEM II-G.1 ITEM #17742 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the Bingo/Raffle permit for the Virginia Beach Skating Cl ub. Voting: 10-0 Co unci 1 Members Vo t i ng Aye John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -1 5- ITEM II-G.2 ITEM #17743 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Coun cil voted to up ho I d the recommendation of the City Manage r and APPROVE the request of the City Treasurer for tax refunds in the amount of $577.11. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Keyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing AN' C)FIL)! N TAX U A I'l@ L I'@, @l, I A I F- AND UPC)@@ CEi;,Tl;@ICA-1 fo;ll ('F THE TPEL@ISURER FOR PAI"'VIENT BE IT ORDAINED BY THE COU@ICIL OF TH@- CITY OF '@ll,@GINIA BEA"'ll, VIRGliN;A: Th,cit the followiig ipplication3 for tax ref,.jnds upon certification of the Tre-@surer a@e lieeby aoproved: FAME Tix TyvL, Tic@ct Exon@ra. Date Per,nity I [,,t. Total Year of -I'ax Numbcr tion t4o. Paid harles F i'@cachran 81 pp 78622 12/28/81 17.64 im Fant Properties Inc 81 Rlc(1/2) 392-@@9---, 6/5/81 2901.510 im Fant Properties Inc 81 RE(2/2) 39239-3 6/5/81 259.88 Total 577.11 Li T;Iis crclin-2iic@, L!ia!l bc frcril oalp of @i(lopticn. tc)laiiiig Gertiii the Cotir. cil O,' tile C'ity of $577wll C, ap p; C, &,,i bv 'e" Beach on the@s day of Feb@i,u Rtitti lio,iges -rn:lh City @lork Citv - 1 7- C I T Y C 0 D E A M E N D M E N T S ITEM II-H.l.a ITEM #17744 Upon motion by Councilman Buchanan, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Sections 21-1, 21-5, 21-7, 21-8, 21-10, 21-16, 21-116, 21-125, 21-150, 21-205, 21-206, 21-207, 21-237, 21-251, 21-294, 21-295, 21-296, 21-311, 21-312, 21-314, 21-322, 21-369, 21-371, 21-457, and 21-464 of the Code of the City of Virginia Beach and add to the Code of the City of Virginia Beach Section 21-323. 1 pertaining to motor vehicles and the Traffic Code. Voting: 9- 1 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan Council Members Absent: Patrick L. Standing AN ORDINANCE TO AMFRD ANn RCORDAIM SECTIONS 21-2, 21-5, 21-7, 21-8, 21-10, 21-15, 21-16, 21-116, 21-125, 21--150, 21-205, 21-206, 21-207, 21-237, 21--251, 21-294, 21-295, 21-296, 21-311, 21-312, 21-314, 21-322, 21-369, 21-371, 21-457 AND 21-464 OF' THE CODE OF THE CITY OF VIRGINIA BEACfi AND ADT) TO T[iE CODE OF THE CT'f'Y OF VIRC,',,\IIA PI'ACH SFCTION 21-323.1 PERTAINING TO MOTOR VElilCLES AND THE TRAFFIC CODE BE IT ORDAINED BY THE CITY COTINCIL OF THE CITY OF VIRGI,'qIA BEACH, VIRGINIA: That Sections 21-2, 21-5, 21-7, 21-8, 21-10, 21-15, 21-16, 21-116, 21-125, 21-150, 21-205, 21-206, 21-207, 21-237, 21-251, 21-294, 21-295, 21-296, 21-311, 21-312, 21-314, 21-322, 21-369, 21-371, 21-457 and 21-464 of the Code of the City of virginia Beach are hereby amended and reordailied and that Section 21-323.1 is hereb.v added to the Code of the City of Virginia Beach to read as follows: Sectiot-i 21-2. Definitions. The followinq words and phrases, when used in this chap-@er, shall, for the purpose of this chapter, have the meanings rest)ectivelv ascribed to them in this section, exce-pt in those instances where the context clearly indica-@es a dil@ferent meani.ng: Antique motor vehicle: Every motor vehicle which was actually mariufactured or designated by the manufactur(-'r as a model manufactured in a calendar year not less than twenty-five (25) years prior to January One of each calendar year and which is owned solely as a collector's item and is used for participation in club activities, exhibits, tours, parades and similar uses, hut i.n no event use-d for qeneral- transportati-,)n, and which ha@ L)c-ei clas@"fied by tlie cc)mliiissic)n(@r as ali aritic4ue motor vehicle. it"tif,9-ef -twel,,t-y-@@G+ Bicycle: A devic@@o by human power, having PCdal.s, two or more wheels, and a seat heiqht of more than twenty-fivc@ (25) inches from the ground when adjusted to_its_ maxi.mum height. Foz, purposes of this chapter, a I:)icycle shall be a vehicle wliile operated upon the highway. Business district: The territory contiguous to a Iiighway wliere seventy-five (75) percent or more of the property contiguc)us -lo a highway, on either side of the highway, for a distance of three hundred (300) feet or more along the highwaYT is occupied by land and buildings actually in use and operation for business purposes. Cha,uffeur: Every person employed for the principal purpose of operating a motor vehicle and every person who drives a Fiotor vebicle while in use as a public or common carrier of persons or property. Commission: The state corporation commission. Cor,nissioner: The cominissioner of the division of motor vehicles of this state. Crosswalk: (a). Tliat part of a roadway at an intersection included within the connections of the lateral lines of the sidewall-s on opposite sides of the highway measured from the curbs or, ill the absence of curbs, from the edges of the traversable roadway. 'Phe (b) Any portion of a roadway at an intersectioll or L,lsewhere distinctly indicated for pedestrian crossing by 1;@nes or other markings on the surface. Dealc,r: Every person engaged i-n the business of buying, selling or exchariging iiictc)r veiiicles, Lrailerb oiic, semitrailers in thlis city and who lias an established plice, of business for s!lch purpose in thi.s city, at whicii pl.ace of -2- business the books aiid rcco.,Ld:5 of such deailr are kept ai)d at wl-,i.c,'l a substantiai par-, ol@ bus-'@ness ot such iealer 4.s conducted. Division: The division of motor vehicles of this state. Essential parts: All integral parts and bc)dy parts, the reinoval, alteration or substitution of which will tend to conceal the identity of a vehicle. Farm tractor: Every motor vehicle designed and used as a farm, agricultural or horticultural implement for drawing plows, mowing machines and other farm, agricultural or horticultural machinery and implements, including self-propelled niowers designed aiid used for mowing lawns. Highway: The entire width between the boundary lines of every way or place of whatever nature open to the use of the publ.ic fc)r purposes of vehicula,- travel in this city, 4-ncluding the streets, alleys and publicly maintained parking lots in the city and, for law-cnforcement purposes, the entire width between the boundary lines of all private roads or privatc-, streets @vhich have been specifically desigiiated "highways" by an ordinance. Intersection: (a) The area embraced within the prolongation or connection of the lateral curb lines-F or, if none, then the lateral boundary liiies of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles travelling upon different highways joining at any other angle may come in conflict. (b) Where a h.@Lghway includes two (2) roadways tilirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting higliway shall be regarded as a separate iritersectiori. In the. event such intlrsectirig iiighway also 4-nclu(les "wo (2) rc@adway@ thirty ('-,O) feft or iiiarc- apart, then every crossing of two (2) roadways of such high@,iays shall be regarci(@i as a separate int(-'rsection. - 21 - (c) For c., ins-,all @, @n Of traffic-control devices, eve@y cr@sing of a highway or street at grade by a pedestriall cross%,7alk. Metal tires: All tires tlie surface of which iri contact with the hig.iway is wholly or partl@, of inetal or other hard, nonresilient material.. Moped: A bicycle-like device with pedals and a helper motor which is rated at no niore than t%-io brake horsepower and which produces spe@ds up to a maximum of thirty_ 30) miles per hour; provided, however, such a devic so equipped shall not be operated upon any highway or public vE.,I'Iicular area of this city by any person under the age of sixteen (16). For purposes of this chapter, a moped shall be a vehicle while operated upon a- highway, Motor vehicle: Every vehicle, as defined in this sect@lon, which is self-propelled or designed for self-propulsion. Any s-'ructure designed, used or maintained priinarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, otfice or conimercial space, shall be considered a iDart of a motor vehicle. Any device herein defined as a "bicycle" or "moped" shall be deemed not to be a motor veylicle. Motorcycle: Every motor vehicle designed to tra'7(-,l on iiot more than three (3) wheels in contact with the ground and any four-wheeled vehicle weighing less than five hundred (500) pounds and equipped with an engine of less than six (6) horsepower, except any such vehicle as may be included within the term "farm tractor" or "moped" as defined in this section. Nonresident: Every person who is not domiciled iii this state, except: fl-+ (a) Any 1-oreign corporation which is authori-zed tc) do busi.,-,'ess "n '@-hi-s stallc,- by -Ihc state corporation ccTpd@.ission shall be dec@iiied a resident of this state for the purpose of this cliapt@r; fic)wevcr, that in the case o" corpcratiolis i,llcorpoz:,-,Iled 41,i tl),Is statc bul@ doing business @@ithoull t'-@e -4- sl,.cli pri-nc@-,,,a]. of bL,-Iin--ss or '-,ranchcs locatc-d i.;ithin this state shall be dealt with as residents of this state. J--2+ (b) A person who becoiiies engaged iri a gainful occupation in this state for a period (@xceeding s-ixty (60,) day-@ shall be deemed a resident for the purposes of tliis chapter. f3+ (c) A person, otlier than a nonres-i.dent 'stu(ient, who has actually resided in this state fol- a period of six (6) months, whether employed or not, or wtio has registered a motor vehicle, listing an address within this state in tlie apl)lication for registration, shall be deemed a resident for the purposes of this cliapter. Operato.-: Every person who drives or is in actual physical control of a motor vehicle upon a higlaway or who is exercising control over or steeritig a vehicle being towed by a Taotor vehicle. Owner: A person who holds tlic, legal title of a vellicle or, in the event a vehicle is the subject of an agreemcrit for the conditional sale or lcase therc@f wi.th the right of purchase. ujoon j-,erlocmance of tje coriditions stated iii the agreement and wilii ari immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagoi: of a veiiicle is c-ntitled to possession, then such conditional vendee or lessee or mortga(.Ior shall be decmed the owner for the purpose of this chapter, except that in all such instances when the rent paid by the lessee includes charges for services of any nature or when the lease does not provide that title shall pass to the lessee upon payment of the rent stipulated, the lessor shall be rc@garded as "he owner of such vehicle and tlie veliicle shall. be subject to such requirejueiits of this chapter as are applicable to vehicles operated for compensation; prc)vided, however, "'at a "truck I(-.ssor", as defined iri Code of Virginia, section 46.1-1, subsection (36), z7hall be --egarded as the owner and his vehicles f-,Iiall. be SLibject tc, stich requi.r'2mc..nts C)f tll4ls ciiapter a@, a,c, aiDplicable 'co of pi-ivete cacrj,et:s. -5- - 2 3- Peace or police officer. @,very offi,-,er authorizc@(I tc) direct or regulate traffic or to aake arrests fc)r viol.atioi-is of traffic regulations. Pneumati-c tires: All tires inflatecl with coinpressed air. Private road or driveway: Evel-y way in privat,- ownership and used for vehicular travel by t@,e owner @ind those liavinq express or implied permission fro]Tl the owner, but not by other persons. Reconstructed vehicle: Every vehicle of a type required. to be registered under state law, wt,.ich is materially altered from its origiiial constrUCt4on by tlie rc-moval, addil--'oi-i or substitution of essential parts, new or lised. Rescue vehicle: Any vehicle de@.igned or utili.zed L'or the principal purposes of supplying resuscitation or other e,-,iergericy relic-f where liuman life is (,ndaiigcrcd. Residc@nce distric": The territory contiquouc- to a highway, not coinprising a business di.strict, where seventy-l-ive (75) percent or more of the property contiguou-@ to sucl) highway, on either side of the highway, for a di-stance of three hundred (300) feet or rtiore along the highway, is occupied by dwell.ings and land improved for dwelling purposes, or by dweil-i-ngs, land improved for dwelling purposes and land or buildings in use for business purposes. Road tractor: Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn. Roadway: That portion of a hiqhway iinproved, designed or orditiDrily used for of th,@ shoulder. A highway may 4@nclua--- two (2) or roadways7 if divided by a physical barrier or barri(,rs @Dr unpaved til-ea.9 area. -6- - 2 4 - Safety zone: The area or space officially set apart within a roadway for the exclusive use c)f pedestrians and which is protected or is so marked or indicated by adequate sians as to be plainly visible at all times while set apart as a safe+,-y zone. School bus: Any motor vehicle, emeel3t---a other than-a station waqon, automobile, truck or commerical bus, statien which is: (i) designed and used priinarily for the traiisportation of pupils to and from public, private or paro--hial schools, wh4el.,-ia or used for the transportation of the mentall sical'@y handicaiDDed to and or PIIYS froni a sheltered workshop; anA (ii) paiiited yellow w-it-h ind bearinq the words "School Bus" in black letters of a specified size on tlie front and rear; and whieh--ia (iii) equipped with warning devices as prescribed in Code of Virginia, section 46.1-287. School buses, manufactured prior to July 1, 1974, may continue to have -,he words 'Stop, state Law" in black letters of specified size on tlie front and rear. Semitrailer: Every vehicl-e of the trailer type so designed and used in conjunction with a riiotor vefiicle tliat some part of its own weight and that of its o,,in load rests upoi cr is carried by another vehicle. Shoulder: That part of a highway between the portion regularly travelled by vehicular traffic and the lateral curb line or ditch. Solid rubber tires: Every tire made of rubber other than a pneumatic tire. Specially constructed veiiicl(@: Any vehicle whic-h shall not have been oriqi;ially constructed @inder a diqtinc@.ive name, in,71-,c,, -q@del c)r t@-@c I)y a g--iierally recognized T,,,ariufacturer of vehicles and riot a "reconstructed veiiicle7" as defin(.'d in this section. of state police of thi-,i statc-. -7- 2 5- Tractor truck: Every motor vehicle clesignc@d aiid uscd primarily for drawing otlier vehiclcs and not so constructed as to carrlv a load otlier than a part of th(-, load and @,ieight of the veh"cle attached thereto. @ affic lane or lane: That portion of a ro&,,-W@iy designed or designated to accommodate the forward movement (.)f a sirigle line of vehicles. Tr ailer : Every vehicle without motive power d--signcd for carrying property or passengers wholly on ills own structure and for being drawn by a motor vehicle. Vehicle: Every device in, upon or by which any pe!:son or property is or may be transported or drawn upon a highway, except devices iiioved by hlunan power or used exclusivel-y upon stationary rails or tracks. For purposes of this chapter, bicycles and mopeds shall be vehicles while operated uldon a higliway. (State Code, SS46.1-1) Sec',-ion 21-5. Arrest procedure for violatior,-- ol@ chap'ler - Generally. (a) Whenever any person is arreslaei47 detairied by or i-n tlie c ai-i officer, incltidi.ng an arrest on a warrant, for a violation of any provision of this chapter punisliable as a Piisdemeanor, except section 21-336, the arresting officer shall, except as otherwise provided in sectioii 21-8 or any other section of this chapter, take the name and address of such person and the license number of his motor vehicle and issue a summons or otherwise notify him in writing to appear at a time and E-)lace to be specified in such su.,mnons or notice, such tifee to be at least five (5) days after sucti arrest7 unless the perso@l arrestecl sha"l dcr.-iand an eirlier ncl -7tich per@;,)i) FIij,,Ll if he so desires, have a right to @n 4-.@,edi-ate hearing o'@ a hearing ivi.thin t,,,renty-four (24) liourS7 at a corivenient hour, ard before a cotirt havinq A @ir i- F he,!.!.-- - 2 6 - artti Ui)c)ii ti)e giviny by Of SLICII Perso!l of his written proi,-iise. to appear at such time and place7 the- officer s.liall forthwith release him froia custody. (b) Any person refusing to give such written prc)]P.@-se to appear under the TDrovisions of tliis section shall be t@,k,@n iinmediately by the arresting officer before a or other issliing officer havinq jurisdiction who shall proceed accordinq to the Drovisions of section 21-7. (c) Any person who willful.ly violates his written promise to appear, given in accordance with this section, sliall be treated in ac.cordance with the p-rovisions of section 21-7.- (d) Any officer violating any of the provisions of this section shall be guilty of -&-misconduct in office ald subject to removal therefrom upon complaint filed by any person in a court of competent jurisdiction. This section shall not be construed to liirit the removal of a police officer for o@,I)er misconduct in office. (State Code, SS46.1-3,78) Section 21-7. Same - Issuance of warrant upon failure to comply with summons; aL--nat-iee-I penalties; suspension of license for failure to appear. (a) Upon the failure of any person to comply with the ternts of a summons o-- notice as provided in section 21-5, such person shall be guilty of a Class 1 misdemeanor and the court inay direct the arresting offict@r or the clerk of the colirt to obtain a wzirraiit for his arrest or for the v-'@olation of his @il-itter, prc)inise to appeal: qi\,C-ri in accordance with section 21-5 and s(@rv('-, or caus(-' to be served, or attempt, or catise to be attc@nipted, to s(-,rve such warrant on the person. The warrant shall be returril-,ble tc) ',:lac courl I)aviiig UL i.@6 ic tioil ui-- Lii,-@ of feii s@ a,l(i Siidi --L a(:c ed b), a r(@l) or t b@v -9.- - 2 @'- arres-@iiig officer wi-ijul) sliall. cleariy i,der)tify the person arrested, specifying the section of this chaptcr violated, the location of the offei-ise, a description of the motor vehicle. and its registration or license number. (b) If thc, warraiit is retlirned to tie court with a notation "not found" or the person nained in the warrant does not appear on the return date thereof, the court shall forward a certificate of the fact of nonservice or nonappearalice, witha copy of the report specified in subscction (a) Elbove, to the co@,nmissioi,,c,.r, who shall forthwith suspend the operator's or CI)auffeur's license of such person. The order of suspension shall specify the reasoll for the suspension. Such suspension shall continue UTItil Such timc- as the court has notified the- commissioner that the defendant has appeared before the colirt tinder the terms of the summons or 1-iotice, and the warrant. (State Code, 546.1-178.1) Section 21-8. SamE, - When -arreeited arresting officer shall tp-ke person -te-be-talten be )re .@iq If any person arrested for a violation of this cliai-)ter is-: (i) believed by the arresting officer to have cornmittcd a felony; or--i!3 (ii) believed by the arresting officer to be likely to disregard a summons issued under section 21-5 or refusing to @V@-a written Dromise to aT)L)ear under the provisions of section 21-5 and section 21-10; the arresting officer shall take such person forthwith before 4eer- c)r other issuing authority havinq lurisdi.ctioii, who sii@ili determirie wl)ether or riot probable causc, exists that such person is likely to disregard a sum,-nons, and may issue eithcr a suiilliions or a- warrant as he sl.,@ll dc-I.ermine proplr. 'kS"LaLe CiDde, SS,16.i-179) -10- e f nonresidents. (a) As used in this section: "-Jurisdictioii" means a state, territory or possession of the United States, the District of Cclunibia, or the Conunonwealth of Puerto Rico. a. "Home-jurisdiction" means tlie- 3urisdiction that issued the driver's license of the t@-atfic violator. b. "Issuing jurisdiction" means the jurisdiction in-which t'@le traffic citation was issu(-,d to the inollorist. C. "Party jurisdiction" me'-ans ariv jurisdictic)n whicti by its laws or by written aqreeitient with this State exten-ds to residents @@ 3@r(a_inia substantially the rights and priviieqes provided by this chapter. (2) "Court"- means a court of law or traffic tribunal. (3) "Citation" shall-YRean means any eitat-ieay summons, ticket, or other official document issued by a -an-arL'eSt--iREJ pol.i-ce officer for a traffic violat-ion w!i.Lcli uires the mot,-,i,i-st to Le!lpc)nq. -11- a "Terris of the--citation" mean those options expr s@sly stated upon the- citation. b. "Compliance" mearis the motorist m@ist appear for a liearing atl(l/or pay court fines and costs. (4) "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdictiozi. (5) "Collateral" or "bond" 5hal--.I--Fftean means any cash or other security deposited to secure an appearance for trial, following -a-e4:tat-ieft-13y the issuapce by a police o@lficer o@@ a ci@-@atior, for a traf.-i.c v4lol&tiori. (b) "Personal recognizarice@' eha+@-h-.eaft mearis a signc,d agre(-,iiieii'l- by @-@it-rLegce4 a inotorist made at tfic@ of issuance. of tlie -12- - 30 - traffic c-itation tliat hE, wil.1 comply witli the terms of that traffic citatiori. (7) ,state-c "Motorist" mc,,ans a driver of a motor vehicle operatinq in a party jurisdiction other than the home juri-sdiction. (8) 'Police officer" meaiis aiiy individual authorized by the party j_tirisdiction to issue a citation for a traffic violation. b) (1) lillien issuing a citation for a traffic violation, a police officer shall. issue the et-citationt as-appreL3e-iate7 to arty a motorist who is a resident of or holds a driver's license is,@ued by a party jurisdiction and shall no-,, subject to the exceptions noted in subsection (c) of this sc,ction, rcqtiire such j,.iotorist to post collateral C)r bond to secure appearance for trial, but shall accept @-uch motorist's written promise that he will comply witli thc@ terms of such citation; provided, liowe-ver, eer-ested the rotorist shall have the right upon his request to post collateral or bond in a manner provided by law and, in such case, the provisions of this section shall not apply. (2) In the absence of the motorist's written promise, the officer shall proceed according to the provisions of sectioii 2i-8. (c) 140 mollorist shall be entitled to receive a citation under the terms of subsectio@i (b) (1) of this section nor stia.1.1 Eiiiy '3@@Fice-f i-,,--,ue ,:ucli ci-tzt4@cr-, urder tlie S@.,,Ie @ri tlic c-,vcnt the --ff(?,riFe -i,8 @.or whi.--h tlie citat4.on if-, issued shall be one of thc! I-ollc),Aing: ol a citatioii in I.ieu of a liearing or thc po@@ting -13- - 3 1 - of collateral or bond is proliibited by tlie laws of this state; or (2) An offense, the coriviction of-F or the forfeiture o@. collateral for, which-T requires the revocation of tlie inotorist's license. (d) Upon the failure of any nonres-ieient raotorist to comply with the terms of a traffic citation, the police officer or the appropriate official sliall report this fact to the division. Such report shall clearly indentify the iiiotorist; describe the violation, specifying tl,.e section of this clial)ter violated; stiall indicate the locaticn o4l the ol-fense, give a description of the vehicle involved, and show the registration or liceiise number of the vc-hicle. Such report shall be signed by the police o@lficer or appropriate official. tirrest-ing-E)E-f ieer-7 (e) Upon receipt of e police off4cor or ar)oropriate offic-ialls report as described in subsection (d) above, the division shall I.rans.,nit a certi.li(,d copy of such report to the official. i.n charge of the issuance of driver's licenses in the home jurisdic,.tion in which the nonresident motorist resides or by which he is licensed. (f) Upon receiPt7 from the issuing jurisdiction w,a5-m,a4e7 of a certification of noncompliance with a citation by a perlsen motorist holding a driver's license issued by tilis state, the con,.missioncr shall forthwith suspend such mot,')rist's driver's pereenlg license. The order of suspension sh--11 indicate the r-caic)n fo,- the order, @irid sh@@ll- '1041-i.fy ttie that his license shall reniain suspcnded ,intil @e has furnislieci evidence satisfactory to the commissionei: that lie I-ia@. fully c O" ed w@-'@@ the tcrms --@ t" thn f,)r the susperisic)n order.