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HomeMy Public PortalAbout1991_09_10_O041The Town of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED September 10, 1991 91-0-41 ADOPTED September 10~ 1991 AMENDING CHAPTER 1, SECTION 1-13 OF TI-IE LEESBURG TOWN CODE, REGARDING MISDEMEANOR PENALTIES WHEREAS, the 1990 Virginia General Assembly adopted amendments to State Code Section 18.2-11 regarding punishments or penalties for the conviction of a misdemeanor; and WHEREAS, Section 18.2-11 of the State Code, which is referenced in Section 1-13 of the Town Code, increased the existing fines for Class 1, 2, and 4 misdemeanors; and WHEREAS, the Commonwealth Attorney has advised local governments to formally adopt the misdemeanor amendments in order to enforce the new fine amounts; and WHEREAS, the enclosed amendments have been recommended for adoption by the Town Attorney: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 1, Section 1-13 of the Town Code of Leesburg, Virginia is hereby amended to read as follows: Sec. 1-13. General and specific penalty; continuing violations. Wherever in this Code, or in any ordinance or resolution of the town, or rule or regulation or order promulgated by any officer or agency of the town under authority duly vested in him or it~ any act is prohibited or is 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, and no specific penalty is provided for the violation thereof, the violation of any such provision of the Code or any such ordinance, resolution, rule, regulation or order shall be punished as if guilty of a class 1 misdemeanor, as defined in section 18.2-11 of the Code of Virginia (1950) as amended; provided, however, that such penalty shall not exceed the penalty prescribed by the Code of Virginia for a like offense. Specific penalties prescribed for violation of other provisions of this Code shall also not exceed the penalties prescribed by general law for a like offense and must not be any less than such penalties. Each day any violation of this Code, or any such ordinance, resolution, rule, regulation or order continues shall constitute a separate offense. SECTION II. Consistent with Section 18.2-11 of the 1950 Code of Virginia, as amended, the following punishments or fines for the conviction of a misdemeanor shall apply: (a) For Class I misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both. (c) For Class 3 misdemeanors, a fine of not more than $500. -2- ORDINANCE: AMENDING CHAPTER 1, SECTION 1-13 OF THE LEESBURG TOWN CODE (d) For Class 4 misdemeanors, a fine of not more than $250. SECTION III. SECTION IV. PASSED this All prior ordinances in conflict herewith are repealed. This ordinance shall be effective upon its passage. 10th day of September , 1991. Rober~ E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of Council o:MISDFINE