HomeMy Public PortalAbout2005_06_28_O008
The Town of
Leesburg,
Virginia
PRESENTED June 28. 2005
ORDINANCE NO. 2005-0-8
ADOPTED
June 28. 2005
AN ORDINANCE:
AMENDING TOWN CODE TO ALLOW FOR THE
REIMBURSEMENT FOR EXPENSES INCURRED FROM
EMERGENCY RESPONSES TO SERIOUS TRAFFIC
OFFENSES.
WHEREAS, it is the intent and desire of Council to promote and enhance traffic safety
throughout the Town of Leesburg; and
WHEREAS, the Commonwealth ofVirginia Code Section 15.2-1716 allows for local
jurisdictions to enact legislation seeking reimbursement for costs incurred for emergency services
response in cases of serious traffic offenses; and
WHEREAS, amending the town code will provide another tooI to encourage voluntary
compliance with traffic laws; and
WHEREAS, increased voluntary compliance with traffic laws will make our community
safer; and
WHEREAS, staff recommends approval of the proposed amendments.
THEREFORE, ORDAINED by the Council of the Town Leesburg in Virginia as follows:
SECTION I. The Leesburg Town Code is hereby amended as follows:
Section 10-137. REIMBURSEMENT FOR COSTS OCCURRED IN RESPONSE TO
SERIOUS TRAFFIC OFFENSES
Ca) Any person convicted of violating any of the following provisions of the Code of
Virginia. or anv similar ordinance in the Town Code. shall be liable in a separate civil
action for reasonable expenses incurred bv the Town of Leesburg or bv any volunteer
2
AN ORDINANCE: AMENDING THE TOWN CODE TO ALLOW FOR THE
REIMBURSEMENT FOR EXPENSES INCURRED FROM
EMERGENCY RESPONSES TO SERIOUS TRAFFIC OFFENSES
rescue squad. or both. when providing a appropriate emergencv response to anv accident
or incident related to such violation.
(1) The provisions of Code ofVirginia sections 18.2-51.4. 18.2-266 or 29.1-783. when
such operation of motor vehicle. engine. train or watercraft while so impaired is the
proximate cause of the accident or incident:
(2) The provisions of Article 7 (section 46.2-852 et seq.) of Chapter 8 of Title 46.2
relating to reckless driving. when such reckless driving is the proximate cause of the
accident or incident:
(3) The provisions of Article 1 (section 46.2-300 et seq.) of Chapter 3 of Title 46.2
relating to driving without a license or driving with a suspended or revoked license: and
(4) The provisions of Code of Virginia section 46.2-894 relating to improperly leaving
the scene of an accident.
(b) Personal liability under this section for reasonable expenses of an appropriate
emergency response shall be a flat fee of two hundred and fiftv dollars ($250.00) for a
particular accident or incident.
(c) As used in this section. "appropriate emergency response" includes all co st of
providing law-enforcement. fire-fighting. rescue and emergency medical services.
(d) The provisions of this section shall not preempt or limit any remedv available to the
Commonwealth. the Town of Leesburg. or to any volunteer rescue squad to recover the
reasonable expenses of an emergency response to an accident or incident not involving
impaired driving operation of a vehicle or other conduct as set forth herein.
3
AN ORDINANCE: AMENDING THE TOWN CODE TO ALLOW FOR THE
REIMBURSEMENT FOR EXPENSES INCURRED FROM
EMERGENCY RESPONSES TO SERIOUS TRAFFIC OFFENSES
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If a court of competent jurisdiction declares any provision of
this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of the Town Code.
SECTION IV. This ordinance shall be in effect upon its passage.
P ASSED this 28th day of June 2005.
~t:- W~~f
. . U stattd, Mayor
Town of Leesburg
ATTEST:
72 I~~