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HomeMy Public PortalAbout1963_12_23 248 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, DECEMBER 23, 1963. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia, on December 23, 1963. The meeting was called to order by Mayor Rollins and Councilman Cole opened the meeting with a prayer. Councilmen present were : C. A. English Cole , C. Grey Dodd , C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey. Also present was Town Manager James W. Ritter, Jr. The minutes of the regular meeting of December 9, 1963 were unanimously approved by Council. Town Manager James W. Ritter, Jr. gave his report on the various items pending before Council. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, Council unanimously approved the appointment of Clagett H. Moxley as an Issuing Justice for the Town and the Clerk was instructed to so inform Mr. Moxley. It is also understood that Mrs. Frances Hardy continues as an Issuing Justice for the Town. Upon motion of Councilman Pumphrey, seconded by Councilman Fishback, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that a sum of $629.00 be appropriated for streets in Waverly Heights, such work to consist of grader work and the placing of approxi • - mately 235 tons of crusher run stone . Upon motion of Councilman Pumphrey, seconded by Councilman Cole, the fol- . lowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg that a sum of $250.00 be appropriated for the taking down of two trees on the south side of Loudoun Street , just west of Liberty Street. Upon motion of Councilman Orr, seconded by Councilman Cole, the follow- ing resolution was unanimously adopted : BE IT RESOLVED by the Town Council that the Town of Leesburg not ' have a separate Dog Ordinance of its own, but for the sake of en- forcement and for the regulation of dogs within the Town, the Loudoun County Dog Ordinance will apply. Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the following resolution was placed on the floor for discussion : BE IT RESOLVED by the Town Council of the Town of Leesburg, that a sum of $15,560.00 be appropriated for the purchase of an Allis Chalmers HD-6G Front End Loader in accordance with their quota- tion of December 9, 1963. After a great deal of discussion , a roll call vote was taken to end the debat on this question, said vote showing 3 for and 4 against. The question was then discussed at great length. Upon motion of Councilman Lowenbach, seconded by Councilman Orr, a roll call vote of 5 for and 1 against , that being Councilman Pumphrey , showed Council in favor of tabling this motion until such time as they could see what could be done with the old loader and strongly recommending that the Town send an employee to a proper school of instruction as to the operation and maintenance of the Town bulldozer. Upon motion of Councilman Orr, seconded by Councilman Lowenbach , the fol- lowing Ordinance was placed on the floor : BE IT ORDAINED, by the Council for the Town of Leesburg, that Sections 15-47 and 15-48 of the Code of the Municipality of the Town of Leesburg, adopted October , 1963, be, and the same are hereby rescinded and repealed in their entirety , and BE IT FURTHER ORDAINED, that the following be , and the same is hereby adopted and enacted as and part of The Code of the Munici- pality of the Town of Leesburg as follows: 4-!. t fl ._.. 1' e./i Minutes of December 23 , 1963 Meeting. Section 15-47. Registration required . ) It shall be unlawful for any person to engage in business as a canvasser or solicitor, call- ing at residences without the previous consent of the occupant for the purpose of soliciting orders , sales, subscriptions, or busi- ness of any kind , or seeking for information or donations without having first registered in the Office of the Town Clerk. The regis- trant must give his complete identification , his signature , the name of his employer , the nature of the products or services in which he is interested , the names of the manufacturers of such products, or the organization which he is representing; the proposed method of operating in the municipality and the license number of any vehicle operated in said business. Section 15-48. Certificate. ) Each applicant who shows evidence of good character and satisfies the requirements of the above shall be furnished a certificate indicating that he or she has registered and setting forth the dates covered by such registration. Such cer- tificate shall be valid for a period of ten days for all 'applicants, not residents of the Town of Leesburg at the time of application and valid for a period of one year for applicants who are bona fide resi- dents of the Town of Leesburg at the time of application. DO Each person shall , at all times, while soliciting or canvassing in the Town of Leesburg carry upon his person the registration certi- Nficate and the same shall be exhibited by such registrant whenever he is required to do so by any police officer or by any person so- licited or canvassed. Section 15-49. Revocation. ) Any such registration may be revoked by the Town Manager or Police Sergeant because of any violation by the registrant of this Ordinance or of any other ordinance of the Town of Leesburg, or of any state or federal law, or for prior conviction of any crime , or whenever the registrant shall cease to possess the qualifications and character required in this Ordi- nance for the original registration. A "canvasser" or "solicitor" shall be defined as one who takes orders for future delivery, or for intangible services, or so- licits subscriptions from house to house or in public places and not from an established place on private premises. Section 15-50. License Required. ) It shall be unlawful for any person, firm or corporation to engage in the business of hawker or peddler of any merchandise, article or thing without having first secured a license therefor except where exempted by gene- ral law. Section 15-50A. Applications. ) Applications for such licenses shall be made to the Clerk for the Municipality, and shall state thereon the description and number of vehicles, if any , intended to be operated , the kind of merchandise to be peddled; and the permanent address of the peddler and the place wherein the peddling is to be conducted within the municipality. Section 15-50B. Fee. ) The Fee for such license shall be that pre- scribed in Section 21-37 of this Code except where exempt by gene- ral law. Section 15-50C. Street Peddlers. ) No peddler shall ply his or her vocation on any street , sidewalk, park or in any other public place unless his license specifies that peddling in such public places is permitted thereunder. Section 15-50D. Fraud. ) Any licensed peddler or hawker who shall be guilty of any fraud, cheating or misrepresentation whether through his own acts, or that of an agent , while ped- dling in the Town or who shall barter , sell or peddle any goods, merchandise , or wares other than those specified in the applica- tion shall be deemed guilty of a violation of this Ordinance. • 2a0 Minutes of December 23 , 1963 Meeting. 41- A PA "peddler" or "hawker" or "itinerant vendor" shall be defined as one who carries from place to place any goods, wares, commodities or merchandise and offers to sell or barter the same, or actually sell or barter the same , and includes all persons who do not keep a regular place of business, whether it be a house or a vacant lot or elsewhere, open at all times in regular business hours and at the same place , who shall offer for sale goods, wares, commodities and merchandise. All persons who keep a regular place of business, open at all times in regular business hours and at the same place , who shall elsewhere than at such regular place of business, personally or through agents, offer for sale or sell and , at the time of such offering for sale , deliver goods, wares, commodities shall also be deemed peddlers, but this Ordinance shall not apply to those exempted by Section 58-340 of the 1950 Code of Virginia, as amended. Section 15-50E. The definitions of solicitors and canvassers, ped- dlers, 'hawkers as set forth herein shall not include solicitors, canvassers and peddlers representing service clubs and organizations of a similar nature organized and operating solely in the County of Loudoun, Virginia. Mayor Rollins automatically referred this matter to the Laws and Adminis- tration Committee, but Councilman Orr moved , seconded by Councilman Lowenbach, that this matter be given immediate consideration. A roll call vote showed 5 for and 1 against, that being Councilman Cole. Councilman Orr again moved the adoption of this Ordinance , seconded by Councilman Lowenbach, and the Ordinance was unanimously adopted by roll call vote. Councilman Fishback introduced an Agreement between the Town of Leesburg and the Leesburg Volunteer Fire Company. The Clerk read this Agreement and the Mayor automatically referred it to the Laws and Administration Committee. Mayor Rollins stated that a procedural suit had been filed against the Town by the Fire Department , the purpose of which would be to incorporate the Fire Department, and he asked any Councilman having any question on this matter to bring up such matter at the next regular meeting. There being no further business, the meeting adjourned with general con- sent at 9:20 P.M. Mayor — ✓� /(� Clerk of he Council .'