HomeMy WebLinkAbout9/30/1975 - Special
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Office of the County Administrator
306-A East Main Street
Salem, Virginia
September 30, 1975
4:00 P.M.
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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
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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
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proposed, and public hearing thereon, have been advertised and posted in accordancel
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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
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I NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors
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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.
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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
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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
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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.
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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.
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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:
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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.
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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:
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(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.
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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.
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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:
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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:
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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.
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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.
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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.
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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
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meeting was adjourned at 5:30 p.m.
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CHAIRMAN
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