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