HomeMy Public PortalAbout2009_06_23_O009 - New Town Code
The Town of
Leesburg,
\,_~lirginia
ORDINANCE NO. 2009-0-009
PRESENTED: June 23. 2009
ADOPTED: June 23. 2009
EFFECTIVE: July 1.2009
AN ORDINANCE: ADOPTING AND ENACTING A NEW CODE FOR THE TOWN
OF LEESBURG VIRGINIA; PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES NOT INCLUDED THEREIN;
PROVIDING A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH
CODE; AND PROVIDING WHEN SUCH CODE AND THIS
ORDINANCE SHALL BECOME EFFECTIVE
The Council of the Town of Leesburg in hereby ordains:
SECTION I. The Code entitled "Town Code of Leesburg, Virginia," published by
Municipal Code Corporation, consisting of chapters 1 through 34, each inclusive, is adopted.
SECTION II. All ordinances of a general and permanent nature enacted on or before
April 14, 2009, and not included in the Code or recognized and continued in force by reference
'-
therein, are repealed.
SECTION III. The repeal provided for in section 2 hereof shall not be construed to revive
any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed
by this ordinance.
SECTION IV. Except as otherwise provided by law or ordinance, violations of this Code
shall be a class 1 misdemeanor. No penalty shall exceed the penalty prescribed by general law
for a like offense and such penalty shall not be any less than such penalty. All references are in
the code. Each act of violation and each day upon which any such violation shall continue or
occur shall constitute a separate offense. The penalty provided by this section, unless another
penalty is expressly provided, shall apply to the amendment of any Code section, whether or not
such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed
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- 2 -
AN ORDINANCE: ADOPTING AND ENACTING A NEW CODE FOR THE TOWN
OF LEESBURG VIRGINIA; PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES NOT INCLUDED THEREIN;
PROVIDING A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH
CODE; AND PROVIDING WHEN SUCH CODE AND THIS
ORDINANCE SHALL BECOME EFFECTIVE
above, the town may pursue other remedies such as abatement of nuisances, injunctive relief and
revocation of licenses or permits.
SECTION V. Additions or amendments to the Code when passed in such form as to
indicate the intention of to make the same a part of the Code shall be deemed to be incorporated
in the Code, so that reference to the Code includes the additions and amendments. Attachment
"A" reflects the changes that are to be incorporated and adopted. Attachment "B" reflects the fee
schedule incorporated and adopted.
SECTION VI. Ordinances adopted after April 14, 2009, that amend or refer to ordinances
that have been codified in the Code shall be construed as if they amend or refer to like provisions
of the Code.
SECTION VII. This ordinance shall become effective as provided by law.
PASSED this 23rd day of June, 2009.
~~~
' ~~\ ~ I
~mstattd, Mayor
Town of Leesburg
AV. [..00.. ,S :..
N; ')
\A~ i
Clerk of Co'
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Attachment A
Additional amendments to the adoption of the
Code.
Seetion Hi-20 of the proposed reeodified Town Code of Leesbul'g
Virginia is hereby amended to read as follows and sections] 6-22
and l(j-2:J are hereby added to sueh (~ode to read as follows:
Sec. 16-20. Regulations adopted.
The statewide fire prevention code, as promulgated by the state
board of housing and community development, and as the same may be
amended from time to time, which shall also be known as the as the
Loudoun County (Fire Prevention and Compliance Part 16) Code, as amended,
are hereby adopted and incorporated herein by reference and made a
part hereof as if fully set out in this Code. This code shall be known as
the "Leesburg Fire Code."
Sec. 16-22. Open burning generally.
(a) No owner shall cause, suffer, allow or permit open burning of
refuse or other material, except as provided in this section. No owner
shall conduct salvage operations by open burning.
(b) Open fire may be set when approved for one or more of the
following reasons:
(1) For the prevention of a hazard which cannot be abated by
any other means.
(2) For the instruction of firefighters or industrial employees.
(3) For the protection of public health.
(4) For recognized practices of agriculture, including the
burning of fence rows, diseased trees, brush or weeds.
(5) For recognized practices of reforestation, when such
burning is undertaken in compliance with existing
forestry practices.
(c) Open fires may be used for cooking food, recreational
purposes, ceremonial occasions, and the operation of craft exhibits and
pageants of historical significance.
(d) Salamanders or other devices providing good combustion may
be used for heating by construction or other workers, provided no smoke
violation or other nuisance is created.
(e) In those areas where provision for public collection ofleaves is
not available, the open burning of leaves is permitted in wire baskets or
other containers designed to provide good
Sec. 16-23. Operation of barbecue devices.
No barbecue grill, charcoal brazier or hibachi of any variety, flammable
liquid, liquefied gas or aharcoal shall be ignited to be used on balconies
of multifamily dwellings, nor within 15 feet of the ground floor exterior
wall of a multifamily dwelling unit with an overhead balcony. For the
purposes of this section, the term "multifamily dwelling" shall be as
defined in the zoning ordinance. UL-approved electric grills may be
operated in conjunction with the restrictions listed in this Code.
Multifamily dwelling owners and/or condominium associations,
whichever is appropriate, shall post signs at each building, notifying
residents that barbecue devices are prohibited pursuant to this section.
Article II of the proposed reeodified Town Code of Leesburg
Virginia is herc:hy amended to read as follows and seetion are
hereby added as attaehed <~xhihit 1 to n~ad as follows and
seetions are hereby added:
Article II Collection and Disposal See attached PDF Exhibit "I."
Seetion 4-:~ of the proposed recodified 'I'own Code ofLe(~sburg Virginia is hereby
amended to read as follows and section are hereby added:
Sec. 4-3 Confinement and keeping of fowl.
The owner or custodian of any fowl shall keep such fowl confined to his own
premises. No person shall keep fewl- any Roosters in any area in town that is located in a
residential subdivision.
Seetion 2-162 of'the proposed recodified Town Code of Le{~sburg Virginia is hereby
amelldNl to read as follows and sedion are hereby added:
Sec. Collection of fees, taxes and charges.
The town may use all collection remedies allowed by law to collect any fees, taxes,
charges or other money owned owed to the town.
State law references: Penalty and interest for failure to pay accounts when due,
Code of Virginia, ~ 15.2-105.
ARTICLE II. COLLECllON AND DISPOSAL *
ARTICLE II. COLLECTION AND DISPOSAL *
*State law references: Authority to require property owners to remove garbage and refuse and
to operate a garbage and refuse collection and disposal service, Code of Virginia, SS 15.2-901,
15.2-907,15.2-928,15.2-937.
Sec. 28-20. Purpose.
The purpose of this article is to provide regulations for the effective storage, collection, recycling
and disposal of garbage and refuse in a sanitary manner in the town.
(Code 1963, S 11-1; Code 1976, S 8-1; Ord. No. 93-0-09, S 1,3-9-1993; Ord. No. 93-0-36, SS 1,
2,10-12-1993; Ord. No. 94-0-18, S 1,6-14-1994; Ord. No. 99-0-09, S 1,4-13-1999)
Sec. 28-21. Administration.
The town manager is hereby delegated the authority to administer this article and is authorized
to establish such reasonable rules and regulations as are needed to administer this article.
(Code 1963,11-3; Code 1976, S 8-2; Ord. No. 93-0-09, S 2,3-9-1993; Ord. No. 93-0-36, S 1,10-
12-1993; Ord. No. 94-0-18, S 2, 6-14-1994; Ord. No. 99-0-09, S II, 4-13-1999)
Sec. 28-22. Violations.
Except as otherwise provided, any person who violates any provision of this article, by doing any
act prohibited or declared to be unlawful, or who fails to do any act required by any such
provision, or who fails to do any act when such provision declares such failure to be lawful, upon
conviction thereof, shall be subject to a civil penalty of not less than $10.00 nor more than
$35.00 for each offense.
(Code 1963, S 11-21; Code 1976, S 8-3; Ord. No. 78-0-23, S 1, 7-26-1978; Ord. No. 94-0-18, S
3,6-14-1994; Ord. No. 99-0-09, Sill, 4-13-1999)
Sec. 28-23. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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ARTICLE II. COLLECTION AND DISPOSAL *
Bulk pickup means refuse and recyclable items that are considered to be too large for normal
collection. (See Refuse and Recyclable material... )
Brush means tree trimmings, bushes, twigs, or branches with a maximum length of eight feet
and a minimum diameter of one inch and a maximum diameter of six inches.
Garbage means wastes resulting from the handling, preparation, cooking, storage, sale of and
consumption of food and food products.
Private collectors means persons engaged in the collection and transportation of refuse and
garbage, recycling and brush from residential, commercial, industrial, institutional or other
establishments for compensation, not including the collector contracted by the town.
Recyclable material means those commodities which, having served their original purpose,
have physical or chemical properties that allow them to be transformed into new products, and
collected on a schedule as designated by the town. Such materials shall include, but are not
limited to the following: newspaper/magazines/catalogs, junk mail, telephone books, mixed
paper, corrugated cardboard, paperboard, NO.1 thru NO.7 plastics, aluminum and bi-metal
cans, all colored glass bottles and jars and acceptable yard waste. Also included in recyclable
material are appliances and bulky metal such as; washer/dryer, refrigerator/freezer/air
conditioners/dehumidifiers*, humidifier, stove/oven, microwave, water heater, lawn mowers (gas
and oil removed), parts of metal shed four feet in lengths, metal chainlink fencing, gas grill
(propane tank removed), metal file cabinets, bed frames, bed springs, bikes, tire rims, charcoal
grills, metal chairs, Venetian blinds, vacuum cleaners, stationary bikes, metal ladders, pipes four
feet in lengths.
*Special EPA rules apply for any appliance containing Freon. Before item can be
collected, the Freon must be removed by a certified technician who will then place a
sticker on the appliance stating that it is Freon free.
Refuse means trash including, but not limited to, non-recyclable plastics, glass, pottery,
furniture, mattresses, toys, porcelain, carpet (rolled, not to exceed one foot in diameter and six
feet in length) and similar household, commercial and institutional wastes. The term "refuse"
does not mean aAG include earth and wastes from building operations, nor shall it include solid
wastes resulting from industrial processes and manufacturing operations.
Seasonal collections means bulk leaves and Christmas tree collections are done on a
designated schedule that aFe determined by the town manager.
Storage area means an enclosed area on private property of a commercial, industrial,
institutional or other establishment used for the storage of garbage or refuse.
Town collectors means any person employed by the town, or the contracted agent for the town,
engaged in the collection and transportation of refuse, garbage, and recyclable materials.
Yard waste.
(1) Acceptable yard waste includes: grass, weeds, leaves, prunings, vines, small
twigs, and branches with a diameter of less than one inch.
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ARTICLE II. COLLECfION AND DISPOSAL *
(2) Unacceptable yard waste includes: rocks, mulch, sod, grass clumps, dirt,
root balls, stumps, firewood, landscape timbers, logs.
(Code 1963, 911-2; Code 1976, 98-4; Ord. No. 81-0-12,91,6-24-1981; Ord. No. 92-0-27, 91,
7-14-1992; Ord. No. 93-0-09, 9 3, 3-9-1993; Ord. No. 93-0-36, 9 3,10-12-1993; Ord. No. 94-0-
18, 94, 6-14-1994; Ord. No. 99-0-09, 9 IV, 4-13-1999)
Sec. 28-24. Container requirements for residences.
(a) Container specifications. Refuse and garbage from residences shall be stored in
containers approved by the town manager, equipped with handles and tight-fitting
covers. Nonrecyclable refuse may also be placed in plastic bags.
(b) Weight and capacity limits. Approved containers required by this section shall have
a maximum gross weight of 50 pounds, when placed for collection. Plastic bags, when
placed for collection, shall not be filled to such a weight that they will break or allow
spillage during the collection process, and shall be tightly secured at the top.
(Code 1963, 9 11-5; Code 1976, 9 8-5; Ord. No. 93-0-09, 94, 3-9-1993; Ord. No. 93-0-36, 94,
10-12-1993; Ord. No. 94-0-18, 95,6-14-1994; Ord. No. 99-0-09, 9 V, 4-13-1999)
Sec. 28-25. Containers and storage areas for commercial establishments.
(a) Each commercial establishment shall be equipped with adequate refuse containers
or storage areas. All containers, except those for storage of bulky refuse, shall be vermin-
proof and waterproof, of noncorrosive material and equipped with tight lids which shall be
kept closed at all times, except when filling or emptying the container. Such containers
and storage areas shall be emptied regularly and cleaned sufficiently often to keep them
free of obnoxious odors and vermin.
(b) Trash dumpsters and other waste/recycling containers serving multifamily or
nonresidential are regulated and enforced under the Town of Leesburg Zoning
Ordinance.
(Code 1963, 9 11-5; Code 1976, 98-6; Ord. No. 94-0-18, 96,6-14-1994; Ord. No. 99-0-09, 9 VI,
4-13-1999)
Sec. 28-26. Town collection generally.
(a) All refuse and garbage placed, in accordance with section 28-33(a) shall be
collected by the town collector if prepared for collection as required by this article.
Commercial and condominium garbage and refuse containerized collection service shall
be provided by the town collector under the following conditions:
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(1) Where residential condominiums include limited public frontage which makes
curbside collection impractical, the town shall require the town collector to collect
garbage and refuse from containers furnished by the town collectors. The town
shall pay the full applicable container service price set out in the then current
contract between the town and the town collector.
(2) The town reserves the right to establish and/or approve the container size,
frequency and number of collections for all business and condominium usage
provided by the town.
(b) The town manager or some other officer designated by him shall have charge of the
collection of garbage and refuse within the town.
(Code 1963, 9911-8,11-9,11-14; Code 1976, 98-7; Ord. No. 81-0-12, 91, 6-24-1981; Ord. No.
81-0-16,91,7-22-1981; Ord. No. 94-0-18, 97,6-14-1994; Ord. No. 99-0-09, 9 VII, 4-13-1999)
Sec. 28-27. Requirements for collection vehicles.
(a) All vehicles used in the collection of refuse shall be kept and maintained in a clean
and sanitary condition, and shall be so constructed, maintained and operated as to
prevent spillage of the type of refuse to be transported therein. All vehicles used in the
collection of garbage or combined refuse shall be constructed and maintained with
watertight bodies and with covers of metallic or other rigid, impervious material, or, in the
alternative, the entire bodies thereof shall be enclosed, with only loading hoppers
exposed. All contractors must acquire a permit from the county prior to collecting solid
waste and show proof of compliance. Special vehicles used in new or experimental
methods of refuse collection may be permitted by the town manager, when such permit is
in writing.
(b) Collection activity shall be consistent with the town's noise ordinance contained in
this Code.
(Code 1963, 9 11-6; Code 1976, 98-9; Ord. No. 94-0-18, 99,6-14-1994; Ord. No. 99-0-09, 9 IX,
4-13-1999)
Sec. 28-28. Preparation of brush for collection.
(a) Brush must be placed at the curb by Monday evening and will be collected weekly
by the town collectors. Brush must be placed parallel to the street with the cut ends
facing in one direction.
(b) Brush placed out for collection must have originated from the property where it is
located.
(c) Brush that is cut/cleared by a contractor hired by the homeowner, will not be
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ARTICLE II. COLLECTION AND DISPOSAL *
collected and removal is the responsibility of the homeowner.
(Code 1963, 9 11-16; Code 1976, 98-11; Ord. No. 93-0-09, 96,3-9-1993; Ord. No. 93-0-36,9
6,10-12-1993; Ord. No. 94-0-18, 9 12, 6-14-1994; Ord. No. 99-0-09, 9 XI, 4-13-1999)
Sec. 28-29. Collection schedule.
(a) Residential.
(1) Refuse and garbage will be collected by the town once per week from
residential properties on the following schedule:
a. Monday: Collection from residential properties in the SW and SE
quadrants including South King Street and properties on West Market
Street.
b. Tuesday: Collection from residential properties in the NE and NW
quadrants including North King Street.
(2) Recyclable materials will be collected by the town once per week from
residential properties on the following schedule:
a. Thursday: Collection from residential properties in the SW and SE
quadrants including South King Street and properties on West Market
Street.
b. Friday: Collection from residential properties in the NE and NW
quadrants including North King Street.
(3) Bulk household material will be collected by the town once per week upon
request from residential and curbside business properties on the following
schedule:
a. Thursday: Collection from residential properties in the SW and SE
quadrants including South King Street and properties on West Market
Street.
b. Friday: Collection from residential properties in the NE and NW
quadrants including North King Street.
(b) Curbside commercial.
(1) Garbage and refuse will be collected by the town from all curbside
commercial properties on Tuesday, Thursday and Saturday of each week, and as
provided, as set by the town manager. Upon the streets, within the limits
designated below, garbage and refuse will also be collected on Monday and
Friday of each week, except on the holidays designated in subsection (b)(4) of
this section:
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Market Street, from Liberty Street east to Loudoun Street;
Loudoun Street, from the fire station east to Market Street;
King Street, from South Street to North Street;
Wirt Street, from Loudoun Street to Market Street.
(2) Recyclable materials will be collected by the town collectors twice per week
from all curbside commercial properties on Thursday and Saturday.
(3) Bulk pickups will be collected by the town collectors twffie per week on
Thursday and Friday.
(4) No garbage and refuse collection will be scheduled on Sundays or the
following holidays: New Years, July 4, Thanksgiving and Christmas.
(5) When weather conditions prevent the collection of garbage and refuse or
when a regularly scheduled day falls on a holiday specified above, collection will
be made on the next day.
(c) Seasonal collections.
(1) Bulk leaves will be collected by the town collectors from all curbside
residential and commercial properties during the months of October, November
and December. Leaves must be raked to the curbline by Monday on the week
that they are collected. The schedule for pickup will be determined by the town
and advertised in local newspapers and will also be posted on the town's website.
(2) Christmas trees will be collected by the town collectors from all curbside
residential and commercial properties during the month of January on recycle
day. Christmas trees placed at the curb line must have all decorations removed
and not placed in plastic Christmas tree bags.
(3) Extra collection of yard waste will be made from residential properties on
refuse collection days beginning the first day of May and ending October 1.
(Code 1963, S 11-17; Code 1976, S 8-12; Ord. No. 77-0-3, S 1, 3-23-1977; Ord. No. 93-0-09, S
7,3-9-1993; Ord. No. 93-0-36, S 7,10-12-1993; Ord. No. 94-0-18, S 12,6-14-1994; Ord. No. 95-
0-19, S 1, 8-8-1995; Ord. No. 95-0-31, S 1,11-14-1995; Ord. No. 99-0-09, S XII, 4-13-1999; Ord.
No. 2003-0-13, S 1, 8-12-2003)
Sec. 28-30. Special collections for large items.
Collection of large items such as large pieces of furniture, rolled carpet and padding, plywood,
stoves, ranges, refrigerators*, freezers*, air conditioners* dishwashers, dryers, and water
heaters, excluding any items listed under section 28-35, will be collected from residential and
curbside commercial properties on the following schedule (the town shall be notified in advance
of the collection date in a time frame determined by the town manager):
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(1) Thursday: Collection from residential properties and curbside businesses in
the SW and SE quadrants including South King Street and properties on West
Market Street.
(2) Friday: Collection from residential properties and curbside businesses in the
NE and NW quadrants including North King Street.
*Special EPA rules apply for any appliance containing Freon. Before item can be
collected, the Freon must be removed by a certified technician who will then place a
sticker on the appliance stating that it is Freon free.
(Code 1963, 9 11-17; Code 1976,9 8-13; Ord. No. 77-0-3, 9 1, 3-23-1977; Ord. No. 93-0-09, 9
8,3-9-1993; Ord. No. 93-0-36, 98,10-12-1993; Ord. No. 94-0-18, 913,6-14-1994; Ord. No. 99-
0-09,9 XIII, 4-13-1999)
Sec. 28-31. Recycling.
(a) Residents of all single-family detached and single-family attached (duplex and
townhouse) residential units and commercial curbside properties should and are
encouraged to participate in the town-wide curbside recycling program. The following
options are available for recycling:
(1) Regular recycling, as previously defined in this article, may be placed in
recycling bins that are provided by the town (one free bin is available for each
household unit or commercial curbside property) or placed loose in trash cans. If
trash cans are used for recycling they must have a "Recycling" sticker on them
(town provides free stickers upon request), equipped with handles for lifting and
tightly-fitting lids, not exceeding SO pounds in gross weight.
(2) Yard waste recycling, as previously defined in this article, may be placed in
brown paper lawn bags which are available at grocery and home improvement
stores or loose in trash cans. If trash cans are used for yard waste they must
have a "Yard Waste" sticker on them (town provides free stickers upon request),
equipped with handles for lifting and tightly-fitting lids, not exceeding SO pounds in
gross weight.
(b) There shall be no charge to the town residents and commercial properties to
participate in this program. All other town residents and business, not included in this
program or covered under a separate recycling contract with a private collector, should
and are encouraged to utilize recycling drop-off centers to dispose of recyclable materials.
(Code 1976, 9 8-1S; Ord. No. 92-0-27, 9 3, 7-14-1992; Ord. No. 93-0-09, 910,3-9-1993; Ord.
No. 93-0-36, 9 10, 10-12-1993; Ord. No. 94-0-18, 9 1S, 6-14-1994; Ord. No. 99-0-09, 9 XV, 4-13-
1999 )
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Sec. 28-32. Points of collection.
(a) All refuse and garbage to be collected by the town collectors shall be placed out-of-
doors immediately behind the curbline (in case no curbing is present, at least three feet
away from the edge of the pavement) at a location easily accessible to the collector. At
no time will any refuse or garbage or its containers be placed on pavement used for
vehicular traffic or on the sidewalk or on any other portion of a street where it will impede
vehicular or pedestrian traffic. All refuse and garbage from the same property shall be
placed at the same point of collection.
(b) Collection may be made from points other than prescribed in subsection (a) of this
section in areas where the general health, welfare and safety of the town is best
protected, but only upon written request by the property owner or tenants and approval
by the town manager. The town retains the right to refuse, revise or alter such requests
at any time.
(c) No town collector will be permitted to enter private property, including garages,
carports, porches, basements or other buildings, for the purpose of collecting garbage
and refuse.
(d) The town reserves the right to designate the point of collection at all locations.
(Code 1963, 9 11-12; Code 1976,98-16; Ord. No. 94-0-18, 9 16,6-14-1994; Ord. No. 99-0-09,
9 XVI, 4-13-1999)
Sec. 28-33. Placement for collection; removal of containers after collection.
(a) All garbage, refuse and recycling shall be placed at the point of collection by 4:00 a.
m. of the day of collection, but not before 4:00 p.m. of the day prior to collection.
(b) Garbage, refuse and recycling containers shall not be placed, left or stored upon any
sidewalk, street, alley or public place, except where specifically permitted by this article,
and shall be removed from the curbline within 12 hours after collection and stored behind
the front line of the building.
(Code 1963, 9911-11,11-13; Code 1976, 9 8-17; Ord. No. 94-0-18, 917, 6-14-1994; Ord. No.
99-0-09, 9 XVII, 4-13-1999)
Sec. 28-34. Materials not acceptable for collection.
The following materials will not be acceptable for collection by the town: Poisons, acids,
caustics, explosives and other dangerous material, soil, rocks, stumps, dirt, sod, root balls,
firewood, mulch, tile, drywall, concrete, block, brick, tires and other material substances that may
accumulate as the result of construction or repairs. Any material that is not collected will be
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tagged by the town collectors as unacceptable.
(Code 1963, S 11-15; Code 1976, S 8-18; Ord. No. 94-0-18, S 18,6-14-1994; Ord. No. 99-0-09,
S XVIII, 4-13-1999)
Sec. 28-35. Tagging and removal of defective containers.
Defective garbage and refuse containers can be collected by the town collectors as a special
collection upon request.
(Code 1963, S 11-16; Code 1976, S 8-19; Ord. No. 94-0-18, S 19,6-14-1994; Ord. No. 99-0-09,
S XIX, 4-13-1999)
Sec. 28-36. Unlawful deposits, accumulations or disposal.
(a) It shall be unlawful for any person to deposit any garbage or refuse in any street,
alley or public or private place in the town, except as provided in this article.
(b) It shall be unlawful for any person to accumulate or permit to be accumulated any
garbage, or refuse, filth, offal or obnoxious or offensive matter on any property within the
town, except in containers or storage areas meeting the requirements of this article.
(c) It shall be unlawful for any person to deposit any refuse in a manner where it may be
scattered by the elements.
(d) It shall be unlawful for any person to dump, destroy or otherwise dispose of any
garbage or refuse anywhere in the town, except as provided by this article.
(e) No receptacle for garbage, refuse or recycling shall be filled more than level full.
(Code 1963, SS 11-7, 12-7; Code 1976, S 8-20; Ord. No. 94-0-18, S 20,6-14-1994; Ord. No. 99-
0-09, S XX, 4-13-1999)
Sec. 28-37. Removal of dangerous accumulations.
Reference the town's nuisance ordinance contained in section 8-3.
(Code 1976, S 8-21; Ord. No. 94-0-18, S 21,6-14-1994; Ord. No. 99-0-09, S XXI, 4-13-1999)
Sec. 28-38. Dumping trash, etc., on highway, right-of-way or private property.
(a) Any person shall be guilty of a misdemeanor who shall dump or otherwise dispose
of trash, garbage, refuse or other unsightly matter on a public highway, right-of-way,
property adjacent to such highway or right-of-way, or on private property, without the
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ARTICLE II. COLLECTION AND DISPOSAL *
written consent of the owner thereof or his agent.
(b) An officer may comply with the provisions of section 32-58 in making an arrest for a
violation of this section.
(c) Any person convicted of a violation of this section shall be punished as if guilty of a
class 1 misdemeanor.
(d) Upon the conviction of any person for a violation of this section, the court may
suspend the imposition of any sentence on condition that the defendant volunteer his
services for such period of time as the court may designate to remove litter from any
town highway or right-of-way.
(Code 1976, 98-22; Ord. No. 78-0-23, 9 2,7-26-1978; Ord. No. 94-0-18, 922,6-14-1994; Ord.
No. 99-0-09, 9 XXII, 4-13-1999)
State law references: Litter control, Code of Virginia,s 10.1-1414 et seq.
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Attachment B
Section I. The fecs, charges and/or taxes providcd for in the following sections of the
Town Code of Leesburg, Virginia shall be as follows. The descriptions below following
section catchlines are for information purposes only and the languge in the cited code
sections shall control in each instance:
1-17, use of town logo: $250.00.
2-163, bad check fec: $:15.00
2-164, collection fee for t.1.xes, fees and charges:
(1) If paid or collected subsequent to the filing of a warrant or the appropriate
legal document by the town, or other collection activity but prior to the
judgment, $:10.00.
(2) If paid or collected subsequent to thc time a judgment is obtained, $:15.00.
6-22, Leesburg Executive Airport, fixed base operator license fees:
(1) Aircraft s sales license, $20.00 plus 0.25 percent of the licensee's gross
receipt" from aircraft sales.
(2) Parts and accessories sales license, $20.00 plus one percent of licensee's
gross receipts from part" and accessories sales.
(:1) Charter operations license, $20.00 plus one percent of the licensee's gross
receipts from such operations.
(4) Aircraft rental license, $20.00 plus one percent of the licensec's gross
receipts from the aircraft rental.
(5) Flight or ground school license, $20.00 plus one percent of the licensee's
gross receipts from flight instruction or ground schooling.
(6) Maintenance services license, $20.00 plus one percent of the licensee's gross
rcceipts from maintenance services.
(7) Line services license, $20.00 plus one percent of the lieensee's gross receipts
for line services.
Pag-c 1 of 13
(8) Aircraft storage license, $5.00 per month for each occupied outdoor aircraft
storage space and $5.00 per month for cach occupied inside aircraft storage
space.
6-23. Leesburg Exccutive Airport user fees:
(l) Gross weight times $0.0385
(2) Jet aircraft:
Gross weight (lbs)
Fee
20,000 or less
$600.00
Greater than 20,000 up to and including 40,000
$1,200.00
Greater than 40,000
$1,800.00
8-108, storage, construction and sales trailers pennit processing fee:
(1) Storage trailer, $20.00.
(2) Construction trailer, $50.00.
(3) Sales trailer, $100.00.
8-111, storage, construction and sales trailcrs rcmoval cash guarantee:
(1) Storage trailer, $300.00
(2) Construction trailer, $500.0.
(3) Sales trailer, $3,000.00.
20-22, annual tax levy.
(1) Taxes on all real estate and all tangible personal property, except the
property of public service corporations:
ClassIfication a/Property
Rate at Tax per $100.00 per Assessed Value
a.
Real estate
$ 0.195
b.
Vehicles used
as mobile homes
or olTices
$0.195
Page 2 of 13
c.
Aircraft
$0.00 I
d.
All other tangible
personal property
$1.00
(2) Taxes of all real estate and all tangible personal property of public service
corporations:
Classification olPropcrty
Rate olTax per$JOO.OO per Assessed Value
a.
Real estate
$ 0.195
b.
Tangible personal property
$1.00
(3) Tax on all bank capital: $0.80 per $100.00 of the net capital of banks
located in tl1e town shall be as established by thc council pursuant to tl1e
Virginia Bank Franchise Tax Act (Code of Virginia, S 58.1-1200 et seq.).
20-51, late filing fee for application for land use taxation: $15.00.
20-80, utility service tax:
(1) Residential:
a. Electric service: Such tax shall be $1.12 plus the rate of $0.()l2()1.7
per kilowatt hour (kWh) delivered monthly not to exceed $2.10 per
montl1.
b. Natural gas service: Such tax shall be $1.12 plus tlle rate of $0.07172
per CCF delivered monthly not to exceed $2.10 per month;
provided, however, for any group-metered multifamily dwelling, the
rate will bc $1.12 multiplied by tllC number of individual dwelling
units served by such group-meter or meters plus the rate of
$0.00013 per CCF delivered montl11y not to exceed $2.40 per
montl1 multiplied by the number of individual dwelling units served
by such group meter or meters.
(2) Commercial or industrial:
a. Electric services:
1. Commercial customers: $1.81 plus the rate of $O.()l 0707
per kWh delivered monthly not to exceed $18.00 per
month.
2. Industrial customers: $1.81 plus tl1e rate of $0.010707 per
kWh delivered monthly not to exceed $48.00 per month.
Page:-3 of 1:-3
b. Natural gas services. $1.35 plus the rate of $0.05352 per CCF
delivered monthly not to exceed $48.00 per month.
20-242, business, professional and occupational license tax issuance fee: $20.00.
20-214, alcoholic beverage business license tax:
(l) Distiller's license: $500.00 per annum; provided that, no license shall be
required of any distiller manufacturing not more than 5,000 gallons of
alcohol or spirits or both during such license year.
(2) Winery license: $500.00 per annum.
(:3) Brewery license: $500.00 per annum.
(1) Bottler's license: 200.00 per annum.
(5) Wholesale beer license: $25.00 per annum.
(6) Wholesalc wine distributor's license: $25.00 per annum.
(7) Retail on-premises wine and beer license for hotel, motel, restaurant or
club: $37.50 per annum.
(8) Retail off-premises wine and beer license: $:37.50 per annum.
(9) Retail on-premises beer license for hotel, motel, restaurant or club: $25.00
per annum.
(10) Banquet license: $5.00 per day.
(11) Fruit distiller's license: $100.00 per annum.
(12) Mixed bcverage restaurant license.:
a. Persons operating restaurants, including restaurants located on the
premises of, and operated by, hotels or motels:
1. $200.00 per annum for each restaurant with a seating
capacity at tables for 50 to 100 persons.
2. $350.00 per annum for each restaurant with a seating
capacity at tables for more than IOO but not more than 150
persons.
Page 1. of 13
3. $500.00 pcr annum for each restaurant with a seating
capacity at tables for more than 150 persons.
b. A private, non-profit club operating a restaurant located on the
premises of such club, $350.00 per annum.
20-~H5, amusements generally: $0.25 per $100.00 of gross receipts in such business, trade
or occupation for the preceding calendar year.
20-246, coin-operated anmsement machines:
(1) $100.00 on five or less machines;
(2) $150.00 on six to nine machines;
W) $200.00 on ten or more machines,
(4) Plus $0.10 per $100.00 on the gross receipts actually received from all such
coin-operated machines or devices.
20-2,17, builders and developers: $0.1 0 for each $100.00 of gross receipts on the business
done within the town.
20-21,8, building and loan associations or savings and loan associations:
(1) Principal oHice in the town: $50.00.
(2) Building and loan association or savings and loan association which does
business on a purely mutual plan, and makes loans only to its stockholders,
organized in the town and confining its business solely to the town and
surrounding political subdivisions: $25.00
20-249, business service occupations: $0.20 per $100.00 of gross receipts in such business,
trade or occupation for the preceding calendar year.
20-250, contractors and contracting: $0.1 0 per $100.00 of gross receipts in such busincss
trade or occupation for the preceding calendar year.
20-251, hotels, motels, motor lodges, auto courts, tourist courts, lodging houses, rooming
houses and boardinghouses: $0.23 for each $100.00 of gross receipts of the preceding
calendar year.
20-252, merchants placing vending machines: $0.10 per $100.00 of gross receipts.
20-253, money lenders: $0.16 per $100.00 of gross receipts of the preceding calendar year.
20-254, peddlers and itinerant vendors: $250.00.
Page 5 of 1a
20-255, personal service occupations: $0.20 per $100.00 of gross receipts in such business,
trade or occupation for the preceding calendar year:
20-256, proICssional, specialized occupations and businesses: $0.20 per $100.00 of gross
receipts in such occupation for the preceding calendar year.
20-258, repair service occupations: $0.15 per $100.00 of gross receipts in such business,
trade or occupation for the preceding calendar year.
20-259, retail merchants: $0.1 0 per $100.00 of gross receipts in such business, trade or
occupation for the reccding calendar year.
20-260, telephone companies: $0.50 per $100.00 of the gross receipts during the preceding
year from local telephone exchange service, including flat rate service and message rate
service.
20-261, wholesale merchant'i: $0.075 per $100.00 of the gross receipts in such business,
trade or occupation for the preceding calendar ycar.
20-262 massagc therapy locations: $25.00.
20-26~~, cable television companies: $25.00.
20-277, deposit prerequisite to licensing of itinerant amusement: $~~OO.OO.
20-324, massage therapy location permit processing fee: $25.00.
20-39~~, canvassers and solicitors certificate of registration fee: $20.00.
30-2, permit, inspection fee and guarantee fee for work on, in or under right-of-way: $30.00
per permit.
32-81, vehicle license fee:
(l) Motor vehicles: 25.00.
(2) Motorcycles: $15.00 as eSk1.blished by the council
(3) Nonresidents of the state in the military service of the lJ nited States and
living within the state as a result of military orders within the meaning of the
Soldiers and Sailors Relief Act: $1.00.
~~2-91, replacement of lost, etc., vehicle license decals
(1) If a license issued lost or mutilated due to error attributable to the town:
$1.00.
Page 6 or 13
(2) If lost or mutilated or illegible: $10.00.
:-32-92, vehicle license transfer fee: $1.00.
32-150, unlawfully parked vehicles:
(1) Fee in lieu of towing trespassing vehicle: $25.00.
(2) Fee for removal of boot or similar device: $25.00.
:-32-210, parking fees for spaces rented on other than a monthly basis: $0.50 for each hour
or part thereof, for four hours of continuous parking and $1.00 for each hour or part
thereof alter the first fivc hours of continuous parking, provided, however, that the
maximum charge for continuous parking for any period of time up to 21 hours shall not
exceed $5.00.
32-211, parking fees for spaces rented on a monthly basis: $60.00 per month for each
reserved space and $10.00 per month for each unreserved space.
32-241, residential parking permit fce: $1.00.
31-28, water system connection fee:
(1) The fee for any connection within the town's service areas, as cstablished by
town council, where the town provides all materials, equipment and labor
fi:>r installation of a water connection shall be $50.00 plus the cost of labor,
equipment, materials, and administrative overhead of 15 percent.
(2) The fec for any connection within the town's service arcas, as established by
town council, where a dcvcloper or subdivider provides all materials except
the meter, meter box, lid and setting shall be $50.00 plus the cost of
matcrials including overhead.
34-29, water service availability charge:
(1) Multifamily dwelling, townhouse or mobile home, per unit, $3,583.00.
(2) Single-family detached dwelling- or two-family attached (duplex), per unit,
$1,181.00
(3) Water service availability fees for residential uses shall be reduced to
$1,750.00 per unit where the lot was created and a single-family detached
dwelling was existing thereon prior to the 1984 annexation and htilure of the
well is imminent, as determined by the town manager in consultation with
the Virginia Dcpartment of Health.
Page 7 of 13
(1) Water service availability fees for nonresidential uses shall be $2,760.00 or
marc, depending on the estimated water flow to the user as compared to
the water flow to the average single-farnily dwelling. Fees shall be $1,181.00
or $12.76 per gallon per day of the estimated water flow to the user,
whichever is greater.
:31-58, water service deposit f()f new accounts:
(1) For residences and small commercial users, $65.00.
(2) For heavy commercial users inside the town limits: 200 percent of an
estimated quarterly usage.
:31-59, service charge lex new accounts: $10.00.
:31-60, water use rates:
(1) For premises inside the town: $8.15 per 1,000 gallons effective July I,
2008; and $8.21 per 1,000 gallons effective July I, 2009.
(2) For premises outside the town: $6.80 per 1000 gallons eflcctive July 1,
2008; and $6.49 per 1,000 gallons eflcctiveJuly 1, 2009.
:31-61, fixed water charge per quartcr:
Watcr Meter Amount Amount
Size Ellcctive 7/1/08 Ellcctive 7/1/09
5/8"-- 8/1" $6.15 $6.80
Full 3/4" 16.11 16.54
1" 26.91 27.56
1 1/2" 53.81 55.13
2" 86.1 0 88.20
a" 188.:31 192.91
1" 322.88 3:~0. 75
6" 673.43 689.85
8" 861.00 882.00
31-62, water drawn at public meter: $10.00 plus $3.75 per 1,000 gallons of all water drawn.
31-69, resumption of water service after discontinuance for nonpayment of charges:
$20.00.
Page 8 of 13
a4-97, resumption of water service when service discontinued for violations: $20.00.
:H-126, sewer connection fee:
(1) The fee for any connection within the town's service areas, as established by
town council, where the town provides all materials, equipment and labor
for installation of a sewer connection shall be $50.00 plus the cost of labor,
equipment, materials and administrative overhead of 15 percent.
(2) The fee for any connection within the town's service areas, as established by
town council, where a developer or subdivider provides all matcrials,
equipment, and labor for installation of a sewer connection shall be $50.00.
:H-127, sewer service availability charge:
(I) Residential uses shall be as follows:
a. Multifamily dwclling, townhouse or mobile home, per unit.
$5,600.00/
b. Single-family detached dwelling, or two family attached (duplex), per
unit, $6,978.00.
c. Sewer service availability fees for residential uses shall be reduced to
$1,750.00 per unit where the lot was created and a single-family
detached dwelling was existing thereon prior to the 1984 annexation
and failure of the septic system is imminent, as determined by thc
town manager in consultation with the Virginia Department of
Health.
(2) Nonresidential uses: $6,978.00 or more, depending on the estimated
sewage flow and required treatment characteristics from the user as
compared to the sewage flow and requircd treatment characteristics from
the average single-family dwelling. Fees shall be calculated as follows:
a. All nonindustrial uses: $6,978.00 or $19.33 per gallon per day of the
estimated sewage flow from the user, whichever is greater.
b. All industrial uses: The greater of $6,978.00 or $19.aa per gallon
per day of the estimated sewage flow from the user, plus an
additional charge in proportion to the excess biochemical oxygen
demand, suspended solids or other pollutant discharge of the user
above the average pollutant discharge of residential users of the
system.
a4-155, sewer user charge where connection made to both water and sewer system:
Page 9 or 13
(1) For prcmises inside the town: $4.21 per 1,000 gallons effective July 1,2008;
and $4.33 per 1,000 gallons effective July 1, 2009.
(2) For premises out'lide the town: $8.41 per 1,000 gallons effective July I,
2008; and $8.66 per 1,000 gallons effective July 1, 2009.
:H-I56, fixed sewer charge per quarter where connection made to both water and sewer
system:
Waler Meter Amount Amounl
Size EfTective 7/1/08 Effective 7/1/09
r-/8" 3/4" $6.15 $6.30
\) -- l-;
Full 3/4" 16.14 16.54
1" 26.91 27.56
1 1/2" 53.81 55.13
2" 86.1 0 88.20
8" 188.34 192.94
4" :322.88 330.75
6" 673.43 689.85
8" 861.00 882.00
:H-I57, sewer charge where connection made to sewer system only:
(1) For premises inside the town: $llO.OO per quarter effective July 1, 2008;
and $113.00 per quarter effective July 1,2009.
(2) For premises outside the town: $219.00 per quarter ellcctiveJuly 1,2008;
and $225.00 per quarter eflectiveJuly 1,2009.
:H-I62, deposit for new scwer accounts:
(1) For residences and small commercial users, $65.00.
(2) For heavy commercial users, the deposit shall be 200 percent of estimated
quarterly usage times the commercial rate per 1,000 gallons for sewer use.
:H-16:3, service charge for new sewer accounts: $10.00.
11-111, Ida Lee Recreation Center Fees:
Leesburg
Residents
All Others
1. Daily Admission:
Page 10 or 13
Adult $5.50 $7.50
Youth $4.00 $5.25
Senior $4.00 $5.25
2. 25-Admission:
Adult $121.00 $160.00
Youth $ 93.00 $123.00
Senior $ 93.00 $123.00
3. Memberships:
Single Adult
I Year $429.00 $571.00
6 Month $236.00 $:H4.00
30 Day $ 52.00 $ 69.00
Two Adults
1 Year $803.00 $1,070.00
6 Month $434.00 $578.00
:~O Day $ 92.00 $122.00
Family Dependent
I Year $124.00 $165.00
6 Month $107.00 $142.00
30 Day $24.00 $32.00
Single Dependant
I Year $349.00 $465.00
6 Month $191.00 254.00
:~O Day $;tl.00 $51..00
Family
1 Y car $1 ,0:~5.00 $1 ,:~79.00
6 Month $565.00 $753.00
30 Day $115.00 $153.00
Lcesburg
Residents All Others
Senior
Page 11 01'1:3
1 year $319.00 $165.00
6 Month $191.00 $251.00
:~o Day $11.00 $51.00
Senior Couple
I Year $620.00 $826.00
6 Month $354.00 $172.00
30 Day $75.00 $100.00
11-111, A. V. Symington Aquatic Center:
Daily Fees for Residents
Two and under
Monday - Friday
Saturday and Sunday
Free
$5 youth and seniors
$6 adults (ages 16-59)
$6 youth and seniors
$7 adult" (ages 16-59)
$1.
Allcr 6:00 p.m.
Daily Fces for Non Resident"
Two and undcr
Monday - Friday
Saturday and Sunday
Free
$8 youth and seniors
$9 adults (ages 16-59)
$9 youth and seniors
$10 adult" (ages 16-59)
$6
Aficr 6:00 p.m.
Multiple Visit Passes (for residents only)
15 - Visit Pass
$60 for youth and seniors
$75 for adults
$100 for youth and scniors
$125 for adults
25 - Visit Pass
SECTION II. This Ordinance shall become elIcctive upon the datc and at thc timc of its
Jinal passage.
PASSED this day of
Page 12 of 18
ATTEST:
CI~rlk~[~~~il--------------------
Page 13 or 1:-l
Town of Lcesburg
Mayor