THE CODE OF THE CITY OF HARRISONBURG, VIRGINIA

____________

THE CHARTER AND THE GENERAL ORDINANCES

____________

Published in 1981 by Order of the City Council

____________

PRM LAW PUBLISHERS

Washington/Atlanta

1979

____________

Commencing with Supplement No. 1, Published by:

CITY OFFICIALS

CITY OF HARRISONBURG

____________

COUNCIL
Deanna R. Reed—Mayor
Sal Romero—Vice-Mayor
Richard A. Baugh
George J. Hirschmann
Christopher B. Jones

____________

OFFICIALS
Eric D. Campbell—City Manager
Ande Banks—Deputy City Manager
G. Chris Brown—City Attorney
Pamela S. Ulmer—City Clerk
Jeff Shafer—Treasurer
Karen Rose—Commissioner of the Revenue
Thomas J. Wilson, IV—Judge of Circuit Court
Bruce D. Albertson—Judge of Circuit Court
Brian Shull—Director of Economic Development
Jennifer Whistleman—Director of Human Resources
Larry Propst—Director of Finance
Luciana "Luanne" Santangelo—Director of Parks & Recreation
Adam Fletcher—Director of Planning & Community Development
Mike Collins—Director of Public Utilities
Tom Hartman—Director of Public Works
Reggie S. Smith—Director of Transportation
Eric D. English—Chief of Police
Ian Bennett—Fire Chief
Deborah Logan—City Registrar
Paul Malabad—Information Technology Director

PREFACE

PRM Law Publishers, a division of Public Research and Management, Inc. of Washington and Atlanta, is pleased to publish this Code of Ordinances of the City of Harrisonburg, Virginia. This volume contains the city charter and the Code of Ordinances of the city.

The Code of Ordinances is an entirely new codification of all ordinances of a general and permanent nature. All obsolete, illegal or superseded ordinances have been repealed as part of the codification. The Code has been adopted by the mayor and city council through the enactment of a single ordinance and thus constitutes the general body of ordinance enactments of the city.

The Code includes several features that will facilitate its use. The various chapters and articles of the Code follow one another in a natural, logical order. The table of contents, with a complete outline of this order, will often provide sufficient reference points for the reader. In addition, the reader may consult the index at the end of the volume. At the beginning of each chapter there is a section-by-section listing of the articles within the chapter.

Nontextual provisions such as severability clauses, repeals and enacting clauses are omitted from the text but are covered in title 1 of the Code that applies to the entire Code. In most instances, references to "this ordinance" in the text of an ordinance have been changed to "this chapter" or "this article" as deemed appropriate. Various editorial notes such as state law references and cross references have been included throughout the Code to clarify its provisions.

This Code is designed to serve as a complete compilation of ordinances and as a reliable reference guide. The citations included at the end of sections refer to the official source and date of former Code sections and original ordinances. Sections of the Code which do not have a citation represent new ordinances that have been added to fill in gaps or to replace ordinances which have become outdated.

Beginning with Supplement No. 1, Municipal Code Corporation of Tallahassee, Florida, will publish supplements to keep the Code current. Supplements are printed in loose-leaf form so that all new ordinances may be inserted in the Code on a regular basis.

We gratefully acknowledge the cooperation and assistance rendered by the municipal officials in the preparation of this Code.

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

ADOPTION OF CODE

AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF HARRISONBURG, VIRGINIA, ENTITLED "THE CODE OF THE CITY OF HARRISONBURG, VIRGINIA." PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN. WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT.

Be it Ordained by the City Council of the City of Harrisonburg, Virginia:

Section 1. There is hereby adopted by the city council that certain code entitled "The Code of the City of Harrisonburg, Virginia," containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in titles 1 through 16, both inclusive, of which code not less than three (3) copies have been and are now filed in the office of the city clerk.

Section 2. The provisions of such code shall be in force on and after August 28, 1979, and all ordinances of a general and permanent nature adopted on final reading and passage on or before August 28, 1979, and not contained in such code are hereby repealed from and after August 28, 1979, except as hereinafter provided.

Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before August, 28, 1979; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to August 28, 1979; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall it affect any annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the city on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the city officers or employees; nor shall it affect any ordinance annexing territory to the city; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city; nor shall it affect any ordinance adopted on final reading and passage after August 28, 1979.

Section 4. Whenever in the code adopted by this ordinance or in any other ordinance or resolution of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him or if any act is prohibited or is made or declared to be unlawful or an offense or a 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, where no specific penalty is provided therefor, the violation of any such provision of the code or any other ordinance or resolution of the city of such rule, regulation or order shall be punished as prescribed in section 1-1-6 of the code or as provided in any other applicable section of the code.

Except where otherwise provided, every day any violation of such code or any other ordinance or resolution of the city or such rule, regulation or order shall continue shall constitute a separate offense.

Section 5. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or the code hereby adopted.

This ordinance shall be in effect from and after the 28th Day of August, 1979.

Adopted and approved this 28th day of August, 1979.

ATTEST:

/s/ N. Arlene Loker      Clerk of Council

/s/ Roy Erickson      Mayor