Loading...
HomeMy WebLinkAbout9/30/1975 - Special 9-30-75 ~ Office of the County Administrator 306-A East Main Street Salem, Virginia September 30, 1975 4:00 P.M. I Pursuant to the adjournment of the meeting of September 23, 1975, the Roanoke County Board of Supervisors met this day in open session in the Conference Room of the County Administrator's Office located at 306-A East Main Street in Salem, Virginia. Members Present: Chairman Richard C. Flora, Vice-Chairman John G. Seibel, R. E. Hilton, Jr. and May Winn Johnson. Absent: C. Lawrence Dodson. welfare of the citizens of Roanoke County; and I , I I WHEREAS, the Board of Supervisors deems certain amendments to the Roanokel County Code to be necessary in the best interests of the health, safety and general I I I I proposed, and public hearing thereon, have been advertised and posted in accordancel I I I I I I WHEREAS, a Notice of Intention to amend the Roanoke County Code as IN RE: ORDINANCE NO. 1338 AMENDING THE ROANOKE COUNTY CODE BY REVISING CERTAIN SECTIONS OF THE CODE TO PARALLEL THE NEW STATE CRIMINAL CODE I IWith law. I NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors I County that the Roanoke County Code be amended as follows: of Roanoke Chapter 1, General Provisions, Section 1-6, General penalty; continuing violations to be amended and readopted as follows: Section 1-6. I General penalty; continuing violations Misdemeanors are classified for the purposes of fines or imprisonment, into four classes as follows: (a) class 1 misdemeanor (b) class 2 misdemeanor (c) class 3 misdemeanor (d) class 4 misdemeanor I The authorized punishments for conviction of a misdemeanor are as follows: (a) for class 1 misdemeanor, confinement in jail for not more than twelve months and a fine of not more than one thousand dollars, either or both (b) for class 2 misdemeanor, confinement in jail for not more than six months and fine of not more than five hundred dollars, either or both (c) for class 3 misdemeanor, a fine of not more than five hundred dollars (d) for class 4 misdemeanor, a fine of not more than one hundred dollars 9-30-75 Whenever in this Code or in any ordinance or resolution of the county, or any rule or regulation or order promulgated by any officer or agency of the county under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or of any such ordinance, resolution, rule, regulation or order shall be punishable as a class 1 misdemeanor. Each day any violation of this Code or any such ordinance, resolution, rule, regulation, or order shall continue shall constitute, except where otherwise provided, a separate offense. Offenses defined in this Code for which punishment is prescribed without specifica- tion as to the class of the offense, shall be punished according to the punishment in the section or sections defining the offense. I Chapter 4, Amusements, Article V, Bingo Games, Section 4-14, Permit required, subsection (e) to be amended and readopted as follows: Sec. 4-14. Permit required (e) Any person who shall operate a bingo game in the county except under permit issued pursuant to the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed one thousand dollars. All remaining provisions in Sec. 4-14 to remain in full force and effect. Cahpter 5, Animals and Fowl, Article II. Dogs, Division 2, Licenses, Section 5-27, Penalties for violation of division to be amended and readopted as follows: Sec. 5-27. Penalties for violation of division Any person who shall make a false statement in order to secure a dog license to which he is not entitled shall be fined not less than five dollars nor more than one hundred dlooars. Any person convicted of failure to pay the license tax prior to February 1 of any year, or as otherwise provided in this division, on any dog owned by him shall be fined not less than the amount of the license tax required by law to be paid on such dog, nor more than ten dollars and shall be required to obtain proper license forthwith; and unless the fine and license tax is immediately paid, the count court shall order the dog killed by the dog warden or some other officer, but the killing of such dog shall not relieve its owner of the payment of the fine and license tax already due. If a kennel dog is found running and roaming at large at any time of the year, the license may be revoked if the law appears to the trial court to have been violated by reason of careless- ness or negligence on the part of the owner, who shall thereupon be required to secure an individual license on each dog. I All fines collected from any person for violating any provision of this division, upon conviction thereof, shall be credited to the general fund of the county and deposited by the county treasurer in the same manner as that prescribed for other county money. Chapter 7, Buildings, Electricity and Plumbing Codes, Section 7-18, Violations generally, and Section 7-59, Violations and penalties are hereby repealed. All remaining provisions in Chapter 7, Buildings, Electricity, and Plumbing Codes to remain in full force and effect. Chapter 9, Licenses, Article I. In General, Section 9.1-12, Expiration of license and penalty for continuing without license, subsection (2) to be amended and readopted as follows: I Sec. 9.1-12. Expiration of license and penalty for continuing without license. (2) If such failure to obtain a new or initial license be continued for a longer period than one month, such person, firm, or corporation shall be guilty of a class 3 misdemeanor for each separate offense committed after such expiration of such month. 9-30-75 432 I I I All remaining provisions of Section 9.1-12 to remain in full force and effect. Chapter 9, Licenses, Article II, Amusements, Section 9.1-24, Penalties to be amended and readopted as follows: Sec. 9.1-24. Penalties Any person, firm or corporation violating any of the provlslons of this chapter shall be deemed guilty of having committed a class 1 misdemeanor unless otherwise provided in this chapter. Each day any such person, firm or corporation violates or fails to conform to such provision or requirement shall constitute a separate offense. Such conviction shall not relieve any such person, firm or corporation from the payment, collection and remittance of said tax as provided in this chapter. Chapter 10, Motor Vehicles and Traffic, Article I. In General, Section 10-11, subsection (a) to be amended and readopted as follows: I (a) Whenever any person is arrested, including an arrest on a warrant, I for a violationo of any provision of this chapter, the arresting officer shall, I except as otherwise provided in section 10-12, take the name and address of such I person and the license number of his motor vehicle and issue a summons or otherwise II notify him in writing to appear at a time and place to be specified in such summons, or notice, such time to be at least five days after such arrest, unless the person I arrested shall demand an earlier hearing, and such person shall, if he so desires, have a right to an immediate hearing or a hearing within twenty-four hours at a convenient hour, and before a court having jurisdiction within the county. Such officer shall thereupon and upon the giving by such person of his written promise to appear at such time and place forthwith release him from custody. Sec. 10- 11 . Arrest for violation of chapter; release on summons and promise to appear; admitting to bail; violations All remaining provisions of Sec. 10-11 shall remain in full force and effect. I Chapter 10, Motor Vehicles and Traffic, Article II. Operators' I License and Vehicle Registration, Section 10-15, subsection (b) to I be amended and readopted as follows: I (b) Upon a first conviction of a violation of this section, the penalty I imposed shall be a fine of not more than five hundred dollars or imprisonment for Inor more than six months or both such fine and imprisonment. Upon a second or subsequent conviction of a violation of this section, which second offense shall I have occurred within one year of a first offense, the penalty shall be imprisonment in jail for not less than ten days nor more than six months and, in addition, may be a fine not less than one hundred nor more than five hundred dollars. Remaining Iprovisions of Sec. 10-15 to remain in full force and effect. .1 i Chapter 10, Motor Vehicles and Traffic, Article II. Operators. Licenses and Vehicle Registration, Section 10-16, subsection (b) to be amended and readopted as follows: Sec. 10-16. Driving while license, permit or privilege to drive suspended or revoked. (b) Any person violating this section shall for the first offense be confined not less than ten days nor more than six months, and may in addition, be fined not less than one hundred dollars nor more than two hundred dollars; and for the second or any subsequent offense be confined in jail not less than two months nor more than one year; and may in addition, be fined not less than two hundred dollars nor more than one thousand dollars. The court shall not suspend the entire jail sen- I tence in any case, but may in its discretion suspend a portion thereof; provided, that this provision, in the discretion of the court, shall not apply if the opera- tion of the motor vehicle was due to an emergency involving danger to the health or life of any person or to property; and provided further, that the court may, in its discretion prescribe that the jail sentence shall be served at such time or times as the court may direct after considering the circumstances of the person convicted of violating this section. I .~(}t~ 9-30-75 ~33 \ ~ In addition, the court shall suspend or revoke such persons's license, permit or privelege to drive for the same period for which it had been previously suspendej or revoked when such person violated this section. In that event such person has violated this section by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend or revoke such person's license, permit or privilege to drive for an additional period not to exceed ninety days. Any additional suspension ordered under the provisions of this section shall commence upon the expiration of the previous suspension or revocation unless such previous suspension or revocation has expired prior to the ordering of an additional suspension or revocation. All remaining provisions of Sec. 10-16 shall remain in full force and effect. Chapter 10, Motor Vehicles and Traffic, Article II. Operator's License and Vehicle Registration, Section 10-17, subsection (b) to be amended and readopted as follows: I Sec. 10-17. Driving while restoration of license is contingent upon furnishing proof of financial responsibility (b) Any person violating this section shall, upon conviction of the first violation therefor, be punished by imprisonment for not less than ten days nor more than six months or be fined not less than one hundred dollars nor more than five hundred or be punished by both such fine and imprisonment. For the second or any subsequent violation of this section, the offender shall be confined in jail not less than one month nor more than twelve months, or be fined not less than one hundred nor more than one thousand dollars, or be punished by both such fine and imprisonment. All remaining provisions of Sec. 10-17 shall remain in full force and effect. Chapter 10, Motor Vehicles and Traffic, Article III. Driving While Under Influence of Alcohol, Drugs and Other Intoxicants, Section 10-27 to be amended and readopted as follows: I Sec. 10-27. Penalty; subsequent offense; prior conviction Any person violating any provision of section 10-23 shall be guilty of a class 2 misdemeanor. Any person convicted within any period of ten years of a second or other subsequent offense under section 10-23 or convicted of a first offense under section 10-23 after having been convicted within a period of ten years prior there- to of an offense under former section 18.1-54 of the Code of Virginia, shall be punishable by a fine of not less than two hundred dollars nor more than one thousand dollars and by confinement in jail for not less than one month nor more than one year. For the purpose of this section a conviction or finding of not innocent in the case of a juvenile under the provisions of section 10-23 or of section 18.2-266 of the Code of Virginia or the laws of any other state substantially similar to the provisions of section 10-23 through 10-26 of this Code, shall be considered a prior conviction. Chapter 10, Motor Vehicles and Traffic, Article III. Driving While Under Influence of Alcohol, Drugs, and other Intoxicants, Section 10-29 to be amended and readopted as follows: Sec. 10-29. Driving after forfeiture of license. If any person so convicted shall, during the time for which he is deprived of his right so to do, drive or operate any motor vehicle, engine or train in this State, he shall be guilty of a misdemeanor and shall be confined in jail not less than ten days nor more than six months and may in addition be fined not exceeding five hundred dollars; but nothing in this section shall be construed as conflicting with or repealing any ordinance or resolution of any city, town or county which restricts still further the right of such persons to drive or operate any such vehicle or conveyance. I 9-30-75 434 I I I Chapter 11, Offenses - Miscellaneous, Section 11-10 to be amended and readopted as follows: Sec. 11-10. Shooting within county limits It shall be unlawful for any person to shoot or discharge any firearm, air raf1e, air pistol, BB gun, pellet gun 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. Any person convicted of a violation of 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. This section shall not apply to federal, state or local law enforcement officers in the performance of their duty. Chapter 21, Zoning, Article I. In General, Section 21-14 to be amended and readopted as follows: Sec. 21-14. Penalties for violation of chapter. Any person whether as principal agent, employee or otherwise, violating causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars nor more than one thousand dollars. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person and shall be punishable as herein provided. The provisions of this ordinance shall be in full force and effect as of October 1,1975. I land the AYES: NAYS: ABSENT: The foregoing ordinance was adopted on motion of Supervisor Johnson following recorded vote: Mr. Hilton, Mrs. Johnson, Mr. Seibel, Mr. Flora None Mr. Dodson IN RE: JAIL FACILITY Supervisor Johnson moved that the Board meet with Salem City Council as soon as possible to discuss a joint jail facility. The motion was adopted by the unanimous voice vote of the members present. NOTE: Wednesday evening, October 8, 1975, 7:30 p.m. at the Salem-Roanoke Valley Civic Center was later confirmed as the meeting time and date. I I I J~ f" 9-30-75 .,~ ~!i At 4:32 p.m., on the motion of Supervisor Hilton and the unanimous voice vote of the members present, the Board went into Executive Session to discuss a matter involving real estate. This concluded the business before the Board at this time and the I meeting was adjourned at 5:30 p.m. -~ -.\)'..""" --..-.----:-> """'- \L\ CHAIRMAN c~~~ I I