HomeMy WebLinkAbout9/24/2019 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORSOF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, SEPTEMBER 24, 2019
RESOLUTION 092419-1ADOPTING THE CONCEALED HANDGUN
PERMITFEE FOR ROANOKE COUNTYRESIDENTS FOR FISCAL
YEAR 2020-2021
WHEREAS, Section 18.2-308.03 of the Code of Virginia directs localities to
charge a fee for issuing concealed handgun permits,andstates that such fees shall be
at least $10, but maynot exceed $50; and
WHEREAS, the Clerk of the Roanoke County CircuitCourt accordingly issues
concealed handgun permits to Roanoke County residents. Other localities issue permits
to their residents, and the Virginia State Police issues permits to out-of-state requestors;
and
WHEREAS, the County currently charges a fee of $50 to process a concealed
handgunpermit application; and
WHEREAS,it is proposed that the fee for Roanoke Countyresidents be lowered
from $50 to $40for fiscal year 2020 -2021.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia as follows:
1.The concealed handgunpermit application fee for Roanoke Countyresidents
is set at $40.
2.This resolution shall be effective on July 1, 2020, and shall continue through
the duration of the 2020 -2021 fiscal year.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER 24, 2019
RESOLUTION092419-2REQUESTING THE ROANOKE VALLEY
TRANSPORTATIONPLANNING ORGANIZATION FUNDA LIST OF
PROJECTS FOR THE FISCAL YEAR 2021-2026SURFACE
TRANSPORTATION BLOCK GRANT PROGRAM
WHEREAS, the Roanoke Valley TransportationPlanning Organization reviews
applications for funding through the Surface Transportation Block GrantProgram
(formerly Regional Surface Transportation Program) and makes recommendations for
project funding to the Commonwealth Transportation Board; and
WHEREAS, the Roanoke County Board of Supervisors supports the list of
projectsfor Surface Transportation Block GrantProgramfunding.
NOW, THEREFORE, BE IT RESOLVED thatthe Board of Supervisors of
Roanoke County, Virginiarequests the Roanoke Valley TransportationPlanning
Organization fundthe following list of projects for the Fiscal Year 2021-2026Surface
Transportation Block Grant Program:
1.Valleypointe Parkway Realignment
2.Route 419 Streetscape Improvements, Phase II (Starkey Road to Ogden
Road)
3.Hinchee Trail Parking Lot / Trailhead
4.Orange Market Park and Ride / Parking Lot Improvements
5.Old Cave Spring Road Intersection Improvements
6.Oak Grove Streetscape Improvements
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER 24, 2019
RESOLUTION 092419-3SUPPORTING AN APPLICATION FOR
$920,057.50OF MATCHED TRANSPORTATION FUNDING THROUGH
THEVIRGINIA DEPARTMENT OFTRANSPORTATION FISCAL YEAR
2021AND FISCAL YEAR 2022REVENUE SHARING PROGRAM
WHEREAS,the Board of Supervisors reviewed the project identified in the
attachedRoanoke County Revenue Sharing Program, Fiscal Year 2021and Fiscal Year
2022Project List, Designation of Funds; and
WHEREAS, the Board of Supervisors desires to submit an application for an
allocation of funds of up to $920,057.50through the Virginia Department of
Transportation Fiscal Year 2021and Fiscal Year 2022Revenue Sharing Program; and
WHEREAS, $920,057.50 isrequested to fund the project identified in the
Roanoke County Revenue Sharing Program for Fiscal Year 2021and Fiscal Year 2022.
NOW, THEREFORE, BE IT RESOLVED bythe Board of Supervisors of Roanoke
County, Virginia, as follows:
1.That the Board of Supervisors hereby supports this application for
allocation of $920,057.50 through the VirginiaDepartment of
Transportation Fiscal Year 2021and Fiscal Year 2022Revenue Sharing
Program.
2.If such funds are approved by the Commonwealth, the Board of
Supervisors will consider the requiredmatchingfunding appropriation
during the Fiscal Year 2021and Fiscal Year 2022budget processes.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON TUESDAY, SEPTEMBER24, 2019
RESOLUTION092419-4REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD PROVIDE FUNDING FORAN
ESTABLISHEDTRANSPORTATION ALTERNATIVES SET-ASIDE
PROJECT FOR THE ROANOKE RIVER GREENWAY CROSSING
UNDERNEATH THE BLUE RIDGE PARKWAY ALONG HIGHLAND
ROAD INTHE VINTON MAGISTERIAL DISTRICT OF ROANOKE
COUNTY, VIRGINIA
WHEREAS, in accordance with the Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be
received from the local government or State agency in order that the Virginia
Department of Transportation (“VDOT”) establish a Transportation Alternatives Set-
Aside project to be administered by Roanoke County; and
WHEREAS, the Commonwealth Transportation Board established a
Transportation Alternatives Set-Aside project that is being administered by Roanoke
Countyfor the Roanoke River Greenway Crossing underneaththe Blue Ridge Parkway
in fiscal years2020 and 2021(VDOT UPC Number 113356); and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1.That the Roanoke County Board of Supervisors requeststhat the
Commonwealth Transportation Boardprovide additional funding for construction ofthe
Roanoke River Greenway crossing underneaththe Blue Ridge Parkway along Highland
Road(Route 618)on properties owned by the National Park Service, the Virginia
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Department of Transportation, the Roanoke Valley Resource Authorityand the Virginia
Recreational Facilities Authority.
2.That the Roanoke County Board of Supervisors hereby commits to
provide a minimum twentypercent(20%)matching contribution for thisproject and any
additional funds necessary to complete the project.
3.That the Roanoke County Board of Supervisors hereby agrees to enter
into aproject administrationagreement with VDOTand provide the necessary oversight
toensure the project is developed in accordance with all State and Federal
requirements for design, right of way acquisition, and construction of a federally funded
transportation project.
4.That the Roanoke County Board of Supervisors will be responsible for
maintenance and operating costs of any facility constructed with Transportation
AlternativesSet-Aside funds unless other arrangements have been made with VDOT.
5.That if the Roanoke County Board of Supervisorssubsequently elects to
cancel this project,the Roanoke County Board of Supervisors hereby agrees to
reimburse VDOTfor the total amount of costs expended by VDOTthrough the date
VDOTis notified of such cancellation.The Roanoke County Board of Supervisors also
agrees to repay any funds previously reimbursed that are later deemed ineligiblefor
such useby theFederal Highway Administration.
6. That the Roanoke County Board of Supervisors hereby grants authority for
the County Administrator, or his designee,to execute project agreements for any
approved Transportation Alternatives Set-Aside projects for fiscal years2021and 2022.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 2019
ORDINANCE 092419-5AMENDING CHAPTER 9 (FIRE PREVENTION),
ARTICLE 3 (VIRGINIA STATEWIDE FIRE PREVENTION CODE),
SECTION 9-21(AMENDMENTS)OF THE ROANOKE COUNTY CODE
WHEREAS,it is proposed that Chapter 9 (Fire Prevention), Article 3 (Virginia
Statewide Fire Prevention Code), Section 9-21 (Amendments) of the Roanoke County
Code be amended; and
WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1.That Chapter 9 (Fire Prevention and Protection), Article III (Virginia Statewide
Fire Prevention Code), Section 9-21(Amendments)of the Roanoke County
Code be amended as follows(subsections not set forth below shall remain
without amendment):
Sec. 9-21. Amendments.
The Virginia Statewide Fire Prevention Code is hereby amended and changed
pursuant to section 27-97 of the Code of Virginia, 1950, as amended, and as authorized
by Chapter 1 of the Statewide Fire Prevention Code in the following respects:
(17) F-316.1, Cooking devices on or under balconies.Add section F-316.1 as
followsOpen Flame Cooking Devices:
"No charcoal cooker, brazier, hibachi or grill, or any gasolineor other
flammable liquid of liquefiedpetroleum gas-fired stove, electric grills or
similar device shall be ignited or used on or under the balconies of any
apartment building, condominiums or similar occupancy which are
constructed of combustible materials. The management of such
occupancies shall notify its tenants in writing of this code requirement at the
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time the tenant initially occupies the apartment and from time to time as
necessary to ensure compliance."
308.1.4, Charcoal burners and other open-flame cooking devices shall not
be operated on combustible balconies or within 10 feet of combustible
construction,with the exception of one and two family dwellings.
(20) Fire hydrant placement and flow standards.The purpose of this section is to
determine the placement of fire hydrants for fire protection to premises for
facilities, buildings or portions of buildings in accordance with § 5087.1et
seq.of theStatewide Fire Prevention Code (SFPC) within the county. It
applies to all major subdivisions (as defined in chapter 29,-subdivisions of
the County Code), new construction, renovations that require a site plan, or
changes inoccupancyuseof facilities or buildings, and which are required
to connect to a "water system" as provided in chapter 22 of the County
Code. This subsection shall serve as the method of determining the
required fire flow in accordance to the statewide fire prevention codeSFPC
§ 5087.3, and authority for this policy is granted by § 5087.5.1 of the
statewide fire prevention codeSFPC.
In areas of the county where connectionto a “water system”is not required
(as set forth in chapter 22 of the County Code), and a facility, building,or
portion of a building is constructed ormoved into the jurisdiction, or, where
the current water system is not capable of supplying the required demand,
an alternativemethod of providing fire flow shallbe used,subject to
approval by the fire marshal (SeeSFPC 507.1).Such alternative method of
providing fire flow shall be based upon a nationally recognized standard or
model code. In order to obtain approval for such a modification (pursuant to
Section 106.5 of the SFPC), awritten request, with any supporting
documentation,shall be submitted to the fire marshal.In order to qualify for
approval, a modification request must meet the spirit and intent of the SFPC
andmust assure thepublic’s health, welfare, and safety.
Acceptable standards or model codes include, but are not limited to:
Insurance Services Office, Inc.–Guide for Determination of Needed Fire
Flow
International Wildland-Urban Interface Code
National Fire Protection Association (NFPA)1142–Standard on Water
Supplies for Suburban and Rural Fire Fighting
Appendices B and C of the SFPC
NFPA 24 –Standard for the Installation of Private Fire Service Mains and
Their Appurtenances
a. Minimum water main sizes:
1. Fire hydrants shall not be installed on lines less than eight (8)
inches in diameter. No plantings or erection or other obstructions
shall be made within a four-foot radius of any fire hydrant. The
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surface shall be level within this same radius. Detailed design
calculations may be submitted for review and approval by the fire
marshal, the Western Virginia Water Authority (WVWA), and the
Town of Vinton if the proposed development is within the town's
east county utility service area to substantiate line sizes other than
as specified above.
2. For residential districts only, detailed design calculations may be
submitted for review and approval by the fire marshal, the Western
Virginia Water Authority (WVWA), and the Town of Vinton if the
proposed development is within the town's east county utility
service area to substantiate line sizes other than as specified
above. In any case, the minimum line size acceptable shall be six-
inch. For all designs, the published "C" factor shall be reduced to
new pipe "C" factor minus ten (10). This reduced "C" factor shall be
used to reflect more accurately the future flow in aged pipe.
b. Fire hydrant locations:
1. In residential areas, hydrants shall be located at street intersections
and at intermediate locations where necessary, as determined by
the fire marshal's office. In no case shall the distance between the
fire hydrants, measured along the centerline of accessible streets,
be greater than one thousand (1,000) feet.
2. Within one hundred (100) feet of any standpipe or sprinkler system
fire department connection, where those systems are required in
buildings. Must be located on an approved street/access road.
Hydrant must be within twenty-five (25) feet of street/approved
access road. Elevation of street/access road and elevation of
hydrant must not have more than a five (5) percent grade. No
physical barriers allowed between access road and hydrant.
3. As required by the following schedule,as given by use group, the
distance shall be measured to the most remote part of the structure
the hydrant will serve.
Use Groups, Virginia Uniform Statewide Building Code
A-1, A-2300feet
A-3, A-4, A-5, B, E, M350 feet
F-1, F-2, H-1, H-2, H-3, H-4, H-5, I-1, I-2,I-3,I-4, S-1, S-2, R-1, R-2 includes
250 feet
town houses
R-3, R-4, R-5,Uandall single family detached dwellings
500
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feet*
1000
Change of Occupancy(Existing Building)
feet
*Measured along centerline of street to the center of front property
line for single-family detached dwellings only.
4. All hydrants shall be a minimum of fifty (50) feet away from
buildings other than single-family detached dwellings. The location
of all new and existing hydrants that are to serve the property shall
be shown on the plans.
c. Water system design:Water systems shall be designed to
adequately supply normal and peak demands for all customers
as required by the Western Virginia Water Authority (WVWA) or
the Town of Vinton in the east county utility service area. If the
WVWA's regulations do not apply, then any water system or
lines required by this policy for the installation of a fire hydrant
or for fire flows shall maintain a pressure of not less than
twenty-five (25) pounds per square inch at all points of delivery,
without reducing the service to existing customers below the
foregoing requirement, and shall have adequate capacity to
deliver not less than the fire flows listed below, for a minimum of
two (2) hours, with a residual pressure of not less than twenty
(20) pounds per square inch to at least one (1) point within two
hundred fifty (250) feet of each building to be served or
proposed to be served by an extension.
1. Peaking factors and demands for design:
i. Peak hour factor: 4.
ii. Maximum day factor: 2.5.
iii. Average day factor: 1.
iv. Residential demand per equivalent residential
customer (ERC): 0.5 gallon per minute
v. Industrial or commercial demands shall be based upon
best engineering judgment.
2. Fire flow requirements for various use groups and land
uses:
i. Residential single-family/duplex:
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A. Single-family residential property with over one
hundred (100) feet between buildings -five
hundred (500) GPM.
B. Single-family residential property with thirty-one to
one hundred (100) feet between buildings -seven
hundred fifty (750) GPM.
C. Single-family, single-story, residential property with
eleven (11) to thirty (30) feet between buildings -
one thousand (1,000) GPM.
D. Single-family, one and one-half (1½) story
residential property with eleven (11) to thirty (30)
feet between buildings -one thousand (1,000)
GPM.
E. Single-family, two-story residential with eleven (11)
to thirty (30)feet between buildings -one
thousand five hundred (1,500) GPM.
F. Single-family, residential property with less than
eleven (11) feet between buildings -one thousand
five hundred (1,500) GPM.
ii. Multi-family/Commercial/Industrial.
A. R-1, R-2, R-3, and R-4 up to two and one-half
stories (2½) -one thousand five hundred (1,500)
GPM.
B. R-1, R-2, R-3, and R-4 with three (3) stories or
more -two thousand (2,000) GPM.
C. I-1, I-2, I-3, and I-4with three (3) storiesup to two
(2) stories -one thousand seven hundred fifty
(1,750) GPM.
D. I-1, I-2, I-3, and I-4 with three stories or more -two
thousand two hundred fifty (2,250) GPM.
E. All A, B, andE, and Uuse occupancies up to two
(2) stories -two thousand (2,000) GPM.
F. All A, B, andE,and Uuse occupancies three (3)
stories or more -two thousand five hundred
(2,500) GPM.
G.All F, H, M, and S use occupancies up to twenty
thousand (20,000) square feet -two thousand five
hundred (2,500) GPM.
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H. All F, H, M, and S use occupancies over twenty
thousand (20,000) square feet -two thousand
seven hundred fifty (2,750) GPM.
Exceptions: The required fire flow may be reduced by a
maximum of fifty (50) percent if proposed structures are
equipped with a sprinkler system that is installed in accordance
with chapter 9.of the Virginia Uniform Statewide Building
Code, and NFPA 13 for Commercial (NFPA 13R for
residential). The required fire flow reduction shall not allow the
total fire flow to fall below a flow of five hundred (500) GPM for
residential and seven hundred fifty (750) GPM for
commercial/multi-family.
In areas of mixed-use development, the higher fire flow shall
govern. Fire flows indicated above are for all major subdivisions
(as defined in chapter 29. "subdivisions" of the County Code),
new construction, renovations that require a site plan, or
changes in use of facilities or buildings. Where size and scope
of the development exceeds these requirements, additional flow
shall be provided in accordance with ISO (insurance services
organization) requirements as reviewed by the fire marshal.
e. Paint scheme and color coding of hydrants:
1. Fire hydrants will have two (2) classifications, public and
private. Public hydrants will be in the public right of way
and maintained by the Western Virginia Water Authority or
the Town of Vinton in the east county utility service area.
Private hydrants will be on private property and will fall
under the responsibility of the business owner for the
maintenance. To help identify the two (2) types of fire
hydrants, the following colors have been assigned to the
barrels of the fire hydrants. Please note that the color of
the bonnet will be determined by the flow rates and can be
found in section 103.01-B.
i. Public fire hydrants will be identified by a silver colored
barrel.
ii. Private fire hydrants will be identified by a white colored
barrel.
2. Color of the bonnet will be determined by the flow rate of
the hydrant. This color designation will be the same on
both private and public fire hydrants.
i. Black bonnet -0 to 249 GPM.
ii. Red bonnet -250 -499 GPM.
iii. Orange bonnet -500-999 GPM.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 2019
ORDINANCE 092419-6AMENDING CHAPTER13 (OFFENSES –
MISCELLANEOUS), ARTICLE 1 (IN GENERAL) OF THE ROANOKE
COUNTY CODE
WHEREAS,it is proposed that Section 13 (Offenses –Miscellaneous), Article 1
(In General) of the Roanoke County Code be amended; and
WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1.That Section 13 (Offenses –Miscellaneous), Article 1 (In General) of the
Roanoke County Code be amended as follows(sections not set forth below shall
remain without amendment):
ARTICLE I. -IN GENERAL
Sec. 13-2. -–Reserved.Assault and battery.
Any person who commits a simple assault or assault and battery within the county shall
be guilty of a Class 1 misdemeanor.
(Ord. No. 84-203, § 1, 11-27-84)
Cross reference—Penalty for Class 1 misdemeanor,§ 1-10.
State Law reference—Similar provisions, Code of Virginia, § 18.2-57.
Sec. 13-4. -Discharge of firearms or any similar gun or device, generally.
(a) It shall be unlawful for any person to shoot or discharge any firearm, or any other
similar gun or device within the limits of the county, except when lawfully hunting in
accordance with the fish and game laws of the state or when safely engaged in target
practice or when lawfully and safely engaged in shooting upon a range or gallery which
has been properly licensed or approved or when shooting in a match conducted in
accord with article III of chapter 4 of this Code.
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(b) Any person violating this section shall be guilty of a Class 1 misdemeanor. In
addition, the court in which the case is prosecuted may, in its discretion, confiscate the
firearm, gun or device in question.
(c) This section shall not apply to federal, state or local law-enforcement officers in the
performance of their duties.
(Code 1971, § 11-10; Ord. No. 082311-1, § 1, 8-23-11)
Cross reference—Penalty for Class 1 misdemeanor,§ 1-10.; shooting birds in bird
sanctuaries,§ 5-4.
State Law reference—Authority of county to prohibit discharge of firearms, air guns,
etc., Code of Virginia, § 15.2-1209.
Sec. 13-4.1. -Pneumatic guns.
(a) As used in this section, "pneumatic gun" means any implement, designed as a gun
that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun"
includes a paintball gun that expels by action of pneumatic pressure plastic balls
filled with paint for the purpose of marking the point of impact.
(b) Pneumatic guns may be used at facilities approved for shooting ranges, or on or
within private property with permission of the owner or legal possessor. Use thereof
must be conducted with reasonable care to prevent a projectile from crossing the
bounds of the property. "Reasonable care" means that the gun is being discharged
so that the projectile will be contained on theproperty by a backstop, earthen
embankment, or fence. The discharge of projectiles across or over the bounds of
the property shall create the rebuttable presumption that the use of the pneumatic
gun was not conducted with reasonable care. Minors may use such implements
only under the following conditions:
(1) Minors under the age of sixteen (16) must be supervised by a parent,
guardian, or other adult supervisor approved by a parent or guardian and
shall be responsible for obeying all laws, regulations, and restrictions
governing the use thereof.
(2) Minors sixteen (16) years of age and older must have the written consent of a
parent or guardian and shall be responsible for obeying all laws, regulations
and restrictions governing the use thereof.
(3) Training of minors in the use of pneumatic guns shall be done only under
direct supervision of a parent, guardian, junior reserve officers training corps
instructor, or a certified instructor. Training of minors above the age of sixteen
(16) may also be donewithout direct supervision if approved by the minor's
instructor, with the permission of and under the responsibility of a parent or
guardian, and in compliance with all requirements of this section. Ranges and
instructors may be certified by the NationalRifle Association, a state or
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federal agency that has developed a certification program, any service of the
Department of Defense and similar groups approved by the chief of police, or
any person authorized by these authorities to certify ranges and instructors.
(4) Commercial or private areas designated for use of pneumatic paintball guns
may be established and operated for recreational use in areas where such
facilities are permitted by the county's zoning ordinance. Equipment designed
to protect the face and ears shall be provided to participants at such
recreational areas, and signs must be posted to warn against entry into the
paintball area by persons who are unprotected or unaware that paintball guns
are in use.
(c) A violation of this section shall constitute class 3 misdemeanor.
(Ord. No. 082311-1, § 2, 8-23-11)
Cross reference—Penalty for Class 31misdemeanor,§ 1-10; shooting birds in bird
sanctuaries,§ 5-4.
State Law reference—Authority of county to prohibit discharge of firearms, air guns,
etc., Code of Virginia, § 15.2-1209915.4.
Sec. 13-5. -–Reserved.Shooting in, along or near roads or streets.
(a) No person shall shoot any firearm in or along any road or within one hundred (100)
yards thereof, or in a street of any town in the county, whether the town is incorporated
or not.
(b) A violation of this section shall constitute a Class 4 misdemeanor.
(c) This section shall not apply to federal, state or local law-enforcement officers in the
discharge of their duties.
(Code 1971, § 11-9)
Cross reference—Penalty for Class 4 misdemeanor,§ 1-10.
State Law reference—Similar provisions, Code of Virginia, § 18.2-286.
Sec. 13-5.1. -Transporting a loaded rifle or shotgun.
(a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun
or loaded rifle in any vehicle on any public street, road or highway in the county.
(b) Any violation of this section shall be punished by a fine of not more than one
hundred dollars ($100.00).
(c) This section shall not apply to duly authorized law enforcement officers or military
personnel in the performance of their lawful duties, nor to any person who reasonably
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believes that a loaded rifle or shotgun is necessary for his personal safety in the course
of his employment or business.
(Ord. No. 42892-8, § 1, 4-28-92)
State Law reference—Authority, Code of Virginia, § 18.2-287.1. 15.2-915.2
Sec. 13-5.2. -Prohibiting hunting or trapping near primary and secondary
highways.
(a) It shall be unlawful to hunt, with a firearm,any game bird or game animal while the
hunting is on or within one hundred (100) yards of any primary or secondary highway in
the county.
(b) It shall be unlawful to trap any game animal or furbearing animal within fifty (50) feet
of the shoulder of any primary or secondary highway in the county. This shall not
prohibit such trapping where the written permission of the landowner is obtained.
(c) Any violation of this section shall be punished as a Class 3 misdemeanor.
(d) For purposes of this section, the terms "hunt" and "trap" shall not include the
necessary crossing of highways for the bona fide purpose of going into or leaving a
lawful hunting or trapping area.
(Ord. No. 42892-8, § 1, 4-28-92)
Cross reference—Penalty for Class 3 misdemeanor,§ 1-10.
State Law reference—Authority, Code of Virginia, § 29.1-526.
Sec. 13-5.3. -Prohibiting hunting near public schools and county, town or
regional parks.
(a) It shall be unlawful to shoot or hunt, or to traverse an area while in possession of a
loaded firearm, within one hundred (100) yards of any property line of any public school
or of a county, town or regional park.
(b) Any violation of this section shall be punished as a Class 4 misdemeanor.
(c) This section shall not be enforced on lands within a national or state park or forest,
or wildlife management area.
(Ord. No. 42892-8, § 1, 4-28-92)
Cross reference—Penalty for Class 4 misdemeanor,§ 1-10
State Law reference—Authority, Code of Virginia, § 29.1-527.
Sec. 13-5.4. -–Reserved. Prohibiting possession of loaded firearms in certain
cases.
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(a) It shall be unlawful for any person under the age of eighteen (18) to carry or have in
his possession a loaded firearm while in any public place or upon any public highway.
(b) This section shall not apply to a person (i) in his own home or curtilage thereof, (ii)
acting at the time in lawful defense of persons or property, (iii) engaged in lawful
hunting, nor (iv) engaged in marksmanship practice at established ranges.
(c) Any violation of this section shall be punished by a fine of not more than one
hundred dollars ($100.00), and the weapon may be forfeited to the commonwealth
pursuant to the provisions of Code of Virginia, section 18.2-310.
(Ord. No. 42892-8, § 1, 4-28-92)
State Law reference—Authority, Code of Virginia, § 18.2-287.3.
Sec. 13-5.5. -Urban archery hunting season.
Archery deer hunting is permitted within the county limits by licensed hunters during an
approved state department of game and inland fisheries urban archery season. In
addition to the urban archery season, archery deer hunting is also allowed during the
early archery deer season, the general firearms deer season, and the late archery deer
season. Licensed archery deer hunters must abide by all applicable sections of the
state code and state hunting regulations (including bag limits and tagging/checking
requirements). It shall be unlawful and a Class 41misdemeanor for any person, while
hunting deer during the county's archery season, to violate any of the following
additional county restrictions:
(1) Any person discharging a bow shall, at all times, while engaged in such activity,
have in his possession written permission from the landowner(s) to discharge such a
weapon on his premises.
(2) No person shall discharge a bow from, over or across any street, sidewalk, alley,
near primary or secondary highways, roadway, or public land or public place or near a
public school and county/town/regional parks within the county limits or toward any
building or dwelling in such a manner that an arrow may strike it.
(3) No person may discharge a bow unless from an elevated position of at least ten (10)
feet above the ground.
(4) It shall be unlawful for any person to engage in hunting with a bow or to discharge
arrows from bows within one hundred (100) yards of a dwelling house or occupied
building not his or her own. A "bow" includes all compound bows, crossbows, longbows
and recurve bows that have a peak draw of less than ten (10) pounds or that are
designed or intended to be used principally as toys. The term "arrow" means a shaft-like
projectile intended to be shot from a bow.
(Ord. No. 121311-6, § 1, 12-13-11)
Cross reference—Penalty for Class 4misdemeanor,§ 1-10
Page5of 11
State law reference –Authority, Code of Virginia, § 29.1-526, 29.1-527, §29.1-528.2, §
18.2-286
Sec. 13-6. -–Reserved.Obstructing free passage of others.
Any person who, in any public place or on any private property open to the public,
unreasonably or unnecessarily obstructs the free passage of other persons to and from
or within such place or property and whoshall fail or refuse to cease such obstruction or
move on when requested to do so by the owner or lessee, or agent or employee of such
owner or lessee, or by a duly authorized law-enforcement officer shall be guilty of a
Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful
picketing.
(Ord. No. 84-194, § 2, 11-13-84)
Cross reference—Penalty for Class 1 misdemeanor,§ 1-10.
State Law reference—Similar provisions, Code of Virginia, § 18.2-404.
Sec. 13-8. -–Reserved. Petit larceny.
Any person who:
(1) Commits larceny from the person of another of money or other thing of value of less
than five dollars ($5.00); or
(2) Commits simple larceny not from the person of another of goods and chattels of the
value of less than two hundred dollars ($200.00);
shall be deemed guilty of petit larceny, which shall be punishable as a Class 1
misdemeanor.
(Ord. No. 84-203, § 1, 11-27-84)
Cross reference—Penalty for Class 1 misdemeanor,§ 1-10.
State Law reference—Similar provisions, Code of Virginia, § 18.2-96.
Sec. 13-9. -–Reserved. Shoplifting.
(a) Whoever, without authority, with the intention of converting goods or merchandise to
his own or another's use without having paid the full purchase price thereof, or of
defrauding the owner of the value of the goods or merchandise:
(1) Willfully conceals or takes possession of the goods or merchandise of any store or
other mercantile establishment;
(2) Alters the price tag or other price marking on such goods or merchandise, or
transfersthe goods from one container to another; or
Page6of 11
(3) Counsels, assists, aids or abets another in the performance of any of the above
acts;
shall, if the value of the goods or merchandise is less than two hundred dollars
($200.00), be deemed guilty of a misdemeanor. The willful concealment of goods or
merchandise of any store or other mercantile establishment, while still on the premises
thereof, shall be prima facie evidence of an intent to convert and defraud the owner
thereof out of the value of the goods or merchandise.
(b) Any person convicted for the first time of an offense under this section shall be
punished as for a Class 1 misdemeanor. \[1\]
(c) Any person convicted of an offense under this section, when it is alleged in the
warrant or information on which he is convicted, and admitted, or found by the jury or
judge before whom he is tried, that he has been before convicted in the Commonwealth
of Virginia for a like offense, regardless of the value of the goods or merchandise
involved in the prior conviction, shall be confined in jail not less than thirty (30) days nor
more than twelve (12) months.
(d) Any person who has been convicted of violating the provisions of this section shall
be civillyliable to the owner for the retail value of any goods and merchandise illegally
converted and not recovered by the owner, and for all costs incurred in prosecuting
such person under the provisions of this section. Such costs shall be limited to actual
expenses, including the base wage of one employee acting as a witness for the
prosecution and suit costs; provided, however, the total amount of allowable costs
granted hereunder shall not exceed two hundred fifty dollars ($250.00), excluding the
retail valueof the goods and merchandise.
(e) A merchant, agent or employee of the merchant, who has probable cause to believe
that a person has shoplifted in violation of this section orsection 13-8, on the premises
of the merchant, may detain such person for a period not to exceed one hour pending
arrival of a law-enforcement officer.
(f) A merchant or agent or employee of a merchant,who causes the arrest or detention
of any person pursuant to the provisions of this section orsection 13-8, shall not be held
civilly liable for unlawful detention, if such detention does not exceed one hour, slander,
malicious prosecution, false imprisonment or false arrest, if the detention takes place on
the premises of the merchant or after close pursuit from such premisesby such
merchant, his agent or employee; provided that, in causing the arrest or detention of
such person, the merchant, agent or employee of the merchant had, at the time of such
arrest or detention, probable causes to believe that the person had shoplifted or
committed willful concealment of goods or merchandise.
(g) As used in this section, "agents of the merchant" shall include attendants at any
parking lot owned or leased by the merchant, or generally used by customers of the
Page7of 11
merchant through any contract or agreement between the owner of the parking lot and
the merchant.
(Ord. No. 84-203, § 1, 11-27-84)
State Law reference—Similar provisions, Code of Virginia, §§ 18.2-103—18.2-106. See
§ 18.2-104 for conditions under which the above offense is a felony.
Sec. 13-11. -–Reserved.Unlawful entry on church or school property.
(a) It shall be unlawful for any person, without the consent of some person authorized
to give such consent, to go or enter upon, in the nighttime, the premises or property of
any church or upon any school property for any purpose other than to attend a meeting
or service held or conducted on such church or school property.
(b) Any person violating this section shall be guilty of a Class 4 misdemeanor.
(Ord. No. 84-203, § 1, 11-27-84)
Cross reference—Penalty for Class 4 misdemeanor,§ 1-10.
State Law reference—Similar provisions, Code of Virginia, § 18.2-128.
Sec. 13-12. -–Reserved.Abandoned or discarded refrigerators and other airtight
containers.
(a) It shall be unlawful for any person to discard, abandon, leave or allow to remain in
any place any icebox, refrigerator or other container, device or equipment of any kind
with an interior storage area of more than two (2) cubic feet of clear space which is
airtight, without first removing the door or hinges from such icebox, refrigerator,
container, device or equipment.
(b) This section shall not apply to any icebox, refrigerator, container, device or
equipment which is being used for the purpose for which it was originally designed, or is
being used for display purposes by any retail or wholesale merchant, or is crated,
strapped or locked to such an extent that it is impossible for a child to obtain access to
any airtight compartment thereof.
(c) A violation of the provisions of this section shall constitute a Class 3 misdemeanor.
(Code 1971, § 11-8)
Cross reference—Penalty for Class 3 misdemeanor,§ 1-10.
State Law reference—Similar provisions, Code of Virginia, § 18.2-319.
Sec. 13-13. -Unlawful disposal of rubbish or other waste material.
(a) No person shall dump or dispose of or leave or cause to be thrown any rubbish,
trash, garbage, litter or other waste substance or material in or upon and along any
public property, including a street, road, highway, right-of-way, property adjacent to
Page8of 11
such highway or right-of-way, park or alley in the county; nor shall any person dispose
of, dump or throw any rubbish, trash, garbage, litter or other waste substance or
material upon any private property without the written consentof the owner thereof or
his agent; nor shall any person dispose of, dump or throw any rubbish, trash, garbage,
litter or any other waste material or substance upon any lots or property in the county
which have not been selected, approved and designated asa garbage or trash disposal
area by the county.
(b) In the event a person violating this section is known to the county administrator or
his designee shall give the violator ten (10) days' written notice, by certified mail, to
clean up and remove such rubbish, tin cans, trash, garbage or other waste substance or
material. Should the violator not take appropriate action within such ten-day period, the
county administrator or his designee shall, by use of county employees or by employing
an agent of the county, have the rubbish, trash, garbage, litter or other waste substance
or material removed. The violator shall be liable for the charges and costs of such
removal. Nothing in this subsection shall be deemed to bar the prosecution of any
person for a violation of this section.
(c) A violation of any provision of this section shall constitute a Class 1 misdemeanor.
(Code 1971, § 14-1; Ord. No. 52687-11, § 1, 5-26-87; Ord. No. 12192-10.a, § 1, 12-1-
92)
Cross reference—Penalty for Class 1 misdemeanor,§ 1-10; solid waste generally, Ch.
20.
State Law reference—Unlawful deposit of waste material on highway or private
property, Code of Virginia, §33.1-34633.2-802.
Sec. 13-13.1. -Authorized disposal of trash; unlawful scavenging or handling of
trash.
(a) For the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them by this subsection:
(1) Commercial waste: All solid waste generated by establishments engaged in
business operations other than manufacturing (seesection 20-1).
(2) Scavenge: To handle, separate, rummage through, take from or otherwise
remove goods, articles, identifiable information or any other item of tangible
property.
(3) Trash: Personal property, business or personal records, household or
personal refuse, commercial waste, rubbish, garbage, litter, solid waste or
debris, placed in bags or receptacles for disposal, excluding yard waste, wood
or brush collection.
Page9of 11
(b) All trash shall be disposed of in automated container receptacles provided by the
county in accordance withsection 20-24of this code or in privately owned receptacles,
bags or boxes.
(c) It shall be unlawful for any person to scavenge in the trash of another, and no
person, other than county employees acting within the scope of their employment, shall
handle the contents of any receptacle containing trash which has been put therein for
removal by the county.
(d) No person, other than county employees, may place trash in county collection
vehicles.,excepting a "free loader" as defined bysection 20-1.
(Ord. No. 060998-3, § 1, 6-9-98)
Sec. 13-14. -Automobiles as Sleeping Quarters.Reserved.
It shall be unlawful and a Class 4 misdemeanor for any person to use an
automobile for sleeping quarters, in place of a residence, hotel or other similar
accommodations, within the County.
As used herein, “hotel” means any structure that is occupied or intended for
occupancy by transients for dwelling, lodging or sleeping purposes.
As used herein, “automobile” shall mean a vehicle that is powered by an internal
combustion engine or motor and able to carry one or multiple people. It shall include all
motor vehicles, excluding “recreational vehicle(s)” as defined in Section 30-28 of this
Code.
Sec. 13-15. -Transportation of waste material in open or uncovered vehicle.
Reserved.
(a) No person shall transport any rubbish, tin cans, trash, garbage or any other waste or
refuse substance or material in an open or uncovered vehicle along the streets, roads or
highways of the county, unless the load is covered, by a tarpaulin or other suitable
cover, in such manner as to contain the entire load.
(b) A violation of this section shall constitute a Class 1misdemeanor.
(Code 1971, § 14-2)
Cross reference—Penalty for Class 1 misdemeanor,§ 1-10; motor vehicles and traffic,
Ch. 12.
State Law reference—Allowing escape of vehicle load, Code of Virginia, §10-211.
2.That this ordinance shall be in full force and effect immediately.
Page10of 11
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 2019
ORDINANCE 092419-7AMENDING CHAPTER 14 (PARADES),
ARTICLE I (IN GENERAL), SECTION 14-7 (CARRYING OF
DANGEROUS WEAPONS BY PARTICIPANTS)OF THE ROANOKE
COUNTY CODE
WHEREAS,it is proposed that Chapter 14 (Parades), Article I (In General),
Section 14-7 (Carrying of Dangerous Weapons by Participants) be amended in order to
be in compliance with Section 15.2-915 of the Code of Virginia, which generally
prohibits localities from regulating the possession and carrying of firearms; and
WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1.That Chapter 14(PARADES), Article I(In General), Section 14-7of the
Roanoke County Code be amended as follows:
Sec. 14-7. –Carrying of dangerous weapons by participants.
No person participating in any parade shall carry any weapon which if concealed
would constitute a violation of section 18.2-308(A)(ii) through (iv)of the Code of Virginia,
or any weapon of like kind as those enumerated in section 18.2-308(A)(ii) through (iv),
or whose possession would otherwise constitute a violation of any section of title 18.2 of
the Code of Virginia, 1950, as amended. The chief of police shall retain the authority to
require that all participants in any parade submit to a pat-down search or other
procedure, including passage through a metal detector, to insure compliance with this
section prior to any parade. This prohibition shall not apply to members of any color
guard, drill team, military unit, lodge or any other persons by whom the display of
weapons during a parade would not constitute a threat to the maintenance of law and
order or the preservation of the public peace.
Page 1of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24, 2019
ORDINANCE 092419-8AMENDING CHAPTER 20 (SOLID WASTE),
ARTICLE I (IN GENERAL), SECTION 20-1 (DEFINITIONS) OF THE
ROANOKE COUNTY CODE
WHEREAS,it is proposed that Chapter 20 (Solid Waste), Article I (In General),
Section 20-1 (Definitions) be amended in order to delete a reference to the County’s
discontinued pay loader waste-disposal program; and
WHEREAS, the first reading of this ordinance was held on September 10, 2019,
and the second reading and public hearing of this ordinance was held on September 24,
2019.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1.That Chapter 20 (Solid Waste), Article I (In General), Section 20-1 (Definitions) of
the Roanoke County Code be amended as follows (all definitions not set forth
below shall remain without amendment):
Sec. 20-1.-Definitions.
Pay loader:Dumpster-style trailer which may be reserved for a fee by county residential
customers for a specified period of time.
2.That this ordinance shall be in full force and effect immediately.
Page 1of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 24,2019
ORDINANCE 092419-9REZONING4.6+/-ACRES FROM I-2
(INDUSTRIAL)DISTRICT TO AR (AGRICULTURAL/ RESIDENTIAL)
DISTRICT LOCATED AT 6121 PEACEFUL DRIVE, SALEM,IN THE
CATAWBAMAGISTERIAL DISTRICT
WHEREAS, upon the petition of Donald and Elaine Kepple, property owners, to
rezone approximately 4.6 acres from I-2(High Intensity Industrial)to AR(Agricultural/
Residential),located at 6121 Peaceful Drive, Salem Virginia, to construct a single family
residence;and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on September 3, 2019; and
WHEREAS, the Planning Commission recommended approval of the petition;
and
WHEREAS, the first reading of this ordinance was heldonAugust 27, 2019,and
the second reading and public hearing were held on September 24, 2019and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINEDby the Board of Supervisors of Roanoke County, Virginia, as
follows:
1.The Board approves the rezoning requested by petition of Donald and Elaine
Kepple, property owners, to rezone thevacant parcel of land located at 6121
Peaceful Lane (Tax Map No. 072.02-02-03.04-0000) from I-2 to A/R
Agricultural/ Residential for purposes of constructing a single family
residence.
Page 1of 2
ACTION NO. A-092419-10.b
ITEM NO. J.3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:September 24, 2019
AGENDA ITEM:Request approving the donation of a Squad Truck to Vinton
First Aid Crew
SUBMITTED BY:Stephen G. Simon
Chief of Fire and Rescue
APPROVED BY:Daniel R. O’Donnell
County Administrator
ISSUE:
In the July 1, 2019 agreement between the County of Roanoke and the Town of Vinton,
the County received a number of emergency response vehicles including a 1992 squad
truck. The Fire and Rescue Department evaluated the fleet received from Vinton and
determined that the squad truck was not needed. The Vinton First Aid Crew originally
purchased the truck, so it is believed to be best practice to declare the vehicle surplus
property (pursuant to Section 16.01 of the Charter of Roanoke County), and donate the
vehicle back to the crew (pursuant to Section 15.2-953 (C) of the Code of Virginia
provides that agoverning body of a County is authorized to make donations of property
to another governmental entity and/or non-profit organization).
BACKGROUND:
The Fire and Rescue Department received possession of a number of emergency
vehicles as a result of the July 1, 2019 agreement between the County and the Town.
Among the vehicles received was a 1992 vehicle make, diesel, box-type squad truck
(VIN #4V2DAFUF8NN645860). The Fire and Rescue Department evaluated each
vehicle received form the Town and determined that the squad truck was not needed
under the current emergency response plan. The Vinton First Aid Crew originally
purchased the squad truck and would like to now sell the vehicle with any leftover
money going back into their budget.
Page 1of 2
FISCAL IMPACT:
The value of this vehicle is less than $1,000. There will be no fiscal impact to the
County. The First Aid Crew originally purchased the vehicle.
STAFF RECOMMENDATION:
Staff recommends declaring the squad truck as surplus property, then donating the
squad truck back to the Vinton First Aid Crew.
VOTE:
Supervisor Peters moved to approve the donation. Supervisor Hookerseconded the
motion. Motion approved.
YesNoAbsent
Mr. Assaid
Mr. Hooker
Mr. Radford
Mr. Peters
Ms. North
cc: Steven G. Simon, Chief of Fire and Rescue
Steve Elliott, Budget Manager
Page 2of 2
ACTION NO.A-092419-10.d
ITEM NO.J.5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:September 24, 2019
AGENDA ITEM:Request to accept and allocate grant funds inthe amount of
$160,247 from the National Highway Traffic Safety
Administration for the Roanoke Valley Driving under the
Influence (DUI) task force selective enforcement grant
SUBMITTED BY:Howard B. Hall
Chief of Police
APPROVED BY:Daniel R. O’Donnell
County Administrator
ISSUE:
Acceptance and allocation of $160,247 intotal grantfundingfortheRoanokeValley
DrivingundertheInfluence (DUI)taskforce and Drug Recognition Expert Grant
BACKGROUND:
TheuseofDUItaskforcestoreducetheincidenceofimpaireddrivinghasbeen
commonplaceintheState.Typically,DUItaskforceshavebeenfundedforlimited
periodsoftimewithfundingprovidedbytheVirginiaHighwaySafetyOffice.Thesetask
forceshavebeeneffectiveinreducingthemostsevereconsequencesofimpaired
driving.TheRoanokeValleyexperiencesfewerDUIrelatedfatalitiesthantheNational
average.Regardless,theproblemofimpaireddrivingpersistsinourregion.Duringthe
periodof2011through2013therewere732alcohol-relatedcrashesinthefour
jurisdictions(CountyofRoanoke,CityofRoanoke,CityofSalem,andTownofVinton)
with251 resultingin injuries. The members of the Task Force will be responsible for
enforcement in all three jurisdictions based upon an analysis of impaired driving
crashes.
The Regional DUI Task Force was created in March 2017 with officers from Roanoke
County, Roanoke City, Salem and Vinton Police Departments. These dedicated officers
have arrested approximately 470 people for driving while impaired of alcohol and
approximately 123 people for driving while impaired of drugs throughout the Roanoke
Page 1of 2
Valley. The Drug Recognitions Experts have conducted approximately 50 drug
evaluations throughout the Roanoke Valley.
DISCUSSION:
The National Traffic Safety Administration awarded to the Roanoke County Police
Department the following grants:
1. The Regional DUI Task Force Selective Enforcement Alcohol Grant in the
amount of $160,247.
Grant funds will be utilized for personnel, trainingand equipment costs associated with
each grant program.
FISCAL IMPACT:
Awardedgrantfundstotal$160,247, which includes a required local match of
$40,062.30.RoanokeCounty'sportionofthegrantmatchrequirementwillbemetby
providingthefuelandvehiclemaintenancenecessaryforitsTaskForcepositions.
STAFF RECOMMENDATION:
Staff recommends acceptance and allocation of grant funds to the Roanoke County
Police Department in the amount of $160,247 from the National Highway Traffic Safety
Administration.
VOTE:
Supervisor Peters moved to appropriate the funds.Supervisor Hooker seconded the
motion. Motion approved.
YesNoAbsent
Mr. Assaid
Mr. Hooker
Mr. Radford
Mr. Peters
Ms. North
cc: Howard B.Hall, Chief of Police
Steve Elliott, Budget Manager
Page 2of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON SEPTEMBER 24, 2019
RESOLUTION 092419-10.gAPPROVING THE COUNTY OF ROANOKE
EMERGENCY OPERATIONS PLAN
WHEREAS, the Roanoke County Board of Supervisors of Roanoke Virginia
recognizes the need to prepare for, respond to, and recover from natural and manmade
disasters, and has a responsibility to provide for the safety and wellbeing of itscitizens,
businesses,and visitors; and
WHEREAS, the Virginia Department of Emergency Management requires an
updated Emergency Operations Plan to be adopted by the County of Roanoke every four
years, and the plan adopted in 2019 has been completely reformatted and updated; and
WHEREAS, the County has established and appointed the County Administrator
as Director of Emergency Services and assigned the Coordinator of Emergency
Management position tothe Fire and Rescue Department, who are tasked and authorized
to maintain and revise as necessary this document over the next four (4) year period,or until
such time be ordered to come before this board; and
WHEREAS, upon adoption by the Board of Supervisors, the newly revised plan will
be in full effect at the time of adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia does hereby adopt the updatedEmergency Operations Plan dated
September 24, 2019,and grants it full operational authority.
Page 1of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORSOF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, SEPTEMBER 24, 2019
RESOLUTION 092419-10.aREQUESTING THE PLANNING
COMMISSIONREVIEW A POTENTIAL AMENDMENT TO SECTION 30-
82-3OF THE ROANOKE COUNTY ZONING ORDINANCE,
REGARDING THE SALE OF FIREARMS AS A HOME OCCUPATION
WHEREAS, §15.2-915of the Code of Virginiagenerally prohibits localities from
adopting or enforcing ordinances governing the purchase, possession, transfer,
ownership, carrying, storage or transporting of firearms, other than ordinances
expressly authorized by statute; and
WHEREAS, §30-82-3 of the Roanoke County Zoning Ordinanceprohibits the
sale of firearms as a home occupation; and
WHEREAS, Virginia’s Attorney General issues official opinions as part of the
duties of his office, pursuant to Section 2.2-505 of the Code of Virginia. Such opinions
are not “rulings” and do not create new law, nor do they change existing law. However,
such official opinions are entitled to a degree of deference bythe courts of the
Commonwealth; and
WHEREAS, on August 23, 2019, the Attorney General opined that “a local
government has authority to enact a zoning ordinance regulating the location of
establishments that sellfirearms, provided that such ordinance is for a permissible
purpose and is reasonably related to the governmental purpose it seeks to accomplish”;
and
WHEREAS,recognizing that the above-mentioned opinion of the Attorney
General supports the provisionsetforth in § 30-82-3 of the Roanoke County Zoning
Ordinance as valid and enforceable, yet further recognizing the nature and effect of the
Page 1of 3
Attorney General’s official opinions, the Board of Supervisors desires to refer this matter
to thePlanning Commission, for study and recommendation,pursuant to Section 30-14-
1 of the County Code.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia as follows:
1.The Board refers this matter (the issue of whether to amend Section 30-82-3
of the Roanoke County Zoning Ordinance, to no longer prohibit the sale of
firearms as a home occupation) to the Planning Commission for study and
recommendationpursuant to Section 30-14 of the Roanoke County Code.
2.Pursuant to Section 30-14-1, the PlanningCommission, in making a
recommendation to the Board, shall consider:
a.The need and justification for the change.
b.The relationship of the proposed amendment to the purposes of the
general planning program of the county, with appropriate consideration
as to whether the change will further the purposes of the Roanoke
County Zoning Ordinance and the general welfare of the entire
community.
c.Whether such amendment conforms to the general guidelines and
policies contained the County Comprehensive Plan.
Page 2of 3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON SEPTEMBER 24, 2019
RESOLUTION092419-10.cADOPTING THE SEPTEMBER 24, 2019
UPDATE OF THE ROANOKE VALLEY-ALLEGHANY REGIONAL
COMMISSION REGIONAL HAZARDMITIGATION PLAN
WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local
governments develop and adopt natural hazard mitigation plans in order to receive
certain Federal assistance; and
WHEREAS, a Pre-DisasterMitigation Plan Committee comprised of
representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities
of Covington, Roanoke and Salem; and the towns of Buchanan, Clifton Forge,
Fincastle, Iron Gate, New Castle, Troutville and Vinton was convened in order to study
the Roanoke Valley-Alleghany Region’s risks from, and vulnerabilities to, natural
hazards, and to make recommendations on mitigating the effects of such hazards on
the Roanoke Valley-Alleghany Region; and
WHEREAS, the efforts of the Pre-Disaster Mitigation Plan Committee members
and the Roanoke Valley-Alleghany Regional Commission, in consultation with members
of the public, private and non-profit sectors, have resulted in the development of the
Roanoke Valley –Alleghany Regional Commission Regional Hazard Mitigation Plan
including Roanoke County.
NOW, THEREFORE, BE IT RESOLVED,by the ROANOKE COUNTY BOARD
OF SUPERVISORS, that the Roanoke Valley-Alleghany Regional Hazard Mitigation
Plan dated September 2019is hereby approved and adopted.
Page 1of 2
ACTION NO. A-092419-10.e
ITEM NO. J.6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:September 24, 2019
AGENDA ITEM:Request approving the donation of a Crown Victoria Sedan
to the Town of Vinton
SUBMITTED BY:Stephen G. Simon
Chief of Fire and Rescue
APPROVED BY:Daniel R. O’Donnell
County Administrator
ISSUE:
In the July 1, 2019 agreement between the County of Roanoke and the Town of Vinton,
the County received a number of emergency response vehicles including a 2001 Crown
Victoria sedan. The Fire and Rescue Department evaluated the fleet received from
Vinton and determined that the sedan was not considered useable. The Town, however,
believes they can use the sedan in one of their departments. The County would like to
surplus the sedan and then donate it to the Town of Vinton.
BACKGROUND:
The Fire and Rescue Department received possession of a number of emergency
vehicles as a result of the July 1,2019 agreement between the County and the Town.
Among the vehicles received was a 2001 Crown Victoria sedan. The Fire and Rescue
Department evaluated each vehicle received form the Town and determined that the
sedan was not considered useable to the County as an emergency response vehicle or
for other County business. The Town of Vinton would like to utilize the sedan for its
Public Works department. The Town understands the Crown Victoria is not in perfect
condition.
FISCAL IMPACT:
The value of this vehicle is less than $1,000.
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STAFF RECOMMENDATION:
Staff feels it is in the best interests of the County and the Town for the County to declare
the sedan to be surplus property, and donate the sedan to the Town of Vinton in "as is"
condition for Town government functions.
VOTE:
Supervisor Peters moved to approve the donation. Supervisor Hooker seconded the
motion. Motion approved.
YesNoAbsent
Mr. Assaid
Mr. Hooker
Mr. Radford
Mr. Peters
Ms. North
cc: Steven G. Simon, Chief of Fire and Rescue
Steve Elliott, Budget Manager
Page 2of 2
ACTION NO. A-092419-10.f
ITEM NO. J.7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:September 24, 2019
AGENDA ITEM:Request to accept and allocate funds in the amount of
$12,806.10 from the Commonwealth of Virginia for the
Library of Virginia's Records Preservation Program
SUBMITTED BY:Lindsey Ayers
Deputy Clerk II
APPROVED BY:Daniel R. O’Donnell
County Administrator
ISSUE:
Acceptance and allocation of a grant in the amount of $12,806.10 from the
Commonwealth of Virginia for the Library of Virginia's Records Preservation Program
BACKGROUND:
The Library of Virginia administers and oversees the Circuit Court Records Preservation
Program (CCRP) to provide assistance to Circuit Courts. This program is designed to
help localities in restoring old records and creating microfilm and/or digital copies of
those records. Funding is handled in one cycle each year for this program and requires
an application to be filed each time to be considered for an award. The awards are
selected by the CCRP board with consideration given to the historical, informational and
administrative value of the records and the soundness of the proposed project.
DISCUSSION:
The Clerk of Circuit Court's Office received a grant from the Library of Virginia's
Records Preservation Program. This grant funding will be used to repair Land Record
Map Books.
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FISCAL IMPACT:
Grant funds totaling $12,806.10 from the Commonwealth of Virginia provides one
hundred percent (100%) funding. No County funds are required.
STAFF RECOMMENDATION:
Staff recommends accepting and allocating grant funds in the amount of $12,806.10
from the Commonwealth of Virginia to the Clerk of Circuit Court for theVirginia Circuit
Court Records Preservation Program for fiscal year 2019-2020.
VOTE:
Supervisor Peters moved to accept and allocate the funds.Supervisor Hooker
seconded the motion. Motion approved.
YesNoAbsent
Mr. Assaid
Mr. Hooker
Mr. Radford
Mr. Peters
Ms. North
cc: Lindsey Ayers, Deputy Clerk II
Steve Elliott, Budget Manager
Page 2of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY,SEPTEMBER 24, 2019
RESOLUTION 092419-10APPROVINGAND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS ITEM J-CONSENT
AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for September
24, 2019,designated as Item J-Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through3inclusive, as follows:
1.Approval of minutes –August 27, 2019
2.Resolution requesting the Planning Commission review a potential
amendment to Section 30-82-3 of the Roanoke County Zoning Ordinance,
regarding the sale of firearms as a home occupation
3.Request approving the donation of a Squad Truck to Vinton First Aid Crew
4.Resolution adopting the 2019 Update of the Roanoke Valley-Alleghany
Regional Pre-Disaster Mitigation Plan
5.Request to accept and allocate grant funds in the amount of $160,247 from
the National Highway Traffic Safety Administration for the Roanoke Valley
Driving under the Influence (DUI) task force selective enforcement grant
6.Request approving the donation of a Crown Victoria Sedan to the Town of
Vinton
7.Request to accept and allocate funds in the amount of $12,806.10 from the
Commonwealth of Virginia for the Library of Virginia's Records Preservation
Program
8.Resolution approving the County of Roanoke Emergency Operations Plan
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