Loading...
2011_06_14_O013 General Assembly Code ChangesThe Town of Leesburg, Virginia ORDINANCE NO. 2011 -0 -013 ADOPTED: June 14, 2011 AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE: PRESENTED: June 14, 2011 CHAPTER 20 (LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS), ARTICLE II (TAXATION GENERALLY), SECTION 20 -23 (EXEMPTION AUTHORIZED) TO AUTHORIZE AN EXEMPTION FROM TAXES ON REAL PROPERTY OWNED BY DISABLED VETERANS; CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE IV (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE IV (OFFENSES AGAINST PUBLIC SAFETY), DIVISION 2 (WEAPONS), SECTION 24 -157 (DISCHARGING FIREARMS) AND SECTION 24 -158 (DISCHARGING SLINGSHOTS, AIR GUNS, ARROWS, ETC.) TO AUTHORIZE THE USE OF PNEUMATIC GUNS ON PRIVATE PROPERTY; CHAPTER 26 (PARKS AND RECREATION), ARTICLE II (PARK RULES), SECTION 26 -24 (PROHIBITED USES OF PARKS) SUBSECTION 5 (HUNTING AND FIREARMS) TO CONFORM TO PROVISIONS OF THE CODE OF VIRGINIA; CHAPTER 34 (UTILITIES), ARTICLE II (WATER SYSTEM), DIVISION 2 (USER AND SERVICE CHARGES), SECTION 34 -70 (DELINQUENT CHARGES AS LIEN) TO ADD A REFERENCE TO THE CODE OF VIRGINIA; AND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND SEWAGE DISPOSAL), DIVISION 2 (SEWER USE CHARGES), SECTION 34 -161 (DELINQUENT CHARGES AS LIEN) TO ADD A REFERENCE TO THE CODE OF VIRGINIA The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That the following section of Chapter 20 (Licenses, Taxation and Miscellaneous Regulations), Article II (Taxation Generally) of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby amended to read as follows: Sec. 20 -23. Exemption authorized. Section 20 -23. Exemptions authorized. A real estate tax exemption is provided for qualified property owners who are not less than 65 years of age or are permanently and totally disabled and for disabled veterans and the surviving spouse of a disabled veteran and who are eligible according to the 2 AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE provisions of chapter 872 of the Codified Ordinances of Loudoun County, Virginia, 1980, as amended, which chapter is hereby adopted by reference. SECTION II. That the following section of Chapter 24 (Offenses and Miscellaneous Provisions), Article IV (Offenses Against Public Safety), Division 2 (Weapons), of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby amended to read as follows: Sec. 24 -157. Discharging firearms. No person shall discharge any gun, pistol or other firearm within the town in violation of Virginia Code Section 18.2 -280 with the exception of any law enforcement officer in the performance of his official duties or any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law_: This section shall not apply to the killing of deer pursuant to Code of Virginia §29.1 -529 on the land of at least five acres that is zoned for agricultural use. SECTION III. That the following section of Chapter 24 (Offenses and Miscellaneous Provisions), Article IV (Offenses Against Public Safety), Division 2 (Weapons), of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby amended to read as follows: Sec. 24 -158. Discharging slingshots, air guns, arrows, etc. A. No person shall discharge or use any slingshot, slung, gravel shooter, air gun, BB gun, pellet gun, bow, crossbow or similar implement on public property without the approval of the town manager. No person shall discharge or use any, bow, cross -bow or similar implement on private property without the approval of the town manager. Such approvals shall be given upon a showing that public safety will not be endangered. B. No person shall discharge a pneumatic gun within the town on public property. C. Pneumatic guns may be used on or within private property with permission of the owner or legal possessor thereof and when conducted with reasonable care to prevent a projectile from crossing bounds of the propert´┐Żpervision byaparent, guardian or other adult supervisor approved by a parent or guardian of any minor below the age of 16 is required for all uses of pneumatic guns in the town. Any minor, whether permitted by 3 AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Reasonable care shall mean that the pneumatic gun is being discharged so that the projectile will be contained on the property by a backstop, earthen embankment or fence. The discharge of projectiles across or over the bounds of the property shall create the rebuttable presumption that the use of the pneumatic gun was not conducted with reasonable care. D. For purposes of this article, this regulation incorporates the provisions of Virginia State Code Section 15.2- 915.4. SECTION IV. That the following section of Chapter 26 (Parks and Recreation), Article II (Park Rules), of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby amended to read as follows: Sec. 26 -24. (5) Hunting and firearms. No person in a park shall hunt, trap or pursue wildlife at any time. No person within park. No person within a park shall carry or possess air rifle3, spring bow and arrows, slings, or similar weapon., and fire blank cartridges, or any kind of trapping device. Discharging firearms into park areas from beyond park property boundaries is forbidden. Discharging a firearm in violation of Virginia Code Section 18.2 -280 is prohibited. No person within a park shall conceal weapons in violation of Virginia Code Section 18.2 -308. No person shall discharge a pneumatic gun in the park pursuant to Virginia Code Section 15.2- 915.4. SECTION V. That the following section of Chapter 34 (Utilities), Article II (Water System), Division 2 (User and Service Charges), of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby amended to read as follows: Sec. 34 -70. Delinquent charges as lien. (c) For purposes of this section, this regulation incorporates the provisions of Virginia State Code Section 15.2 -2119. AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE SECTION VI. That the following section of Chapter 34 (Utilities), Article III (Water System), Division 2 (Sewer Use Charges), of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby amended to read as follows: Sec. 34 -161. Delinquent charges as lien. (c) For purposes of this section, this regulation incorporates the provisions of Virginia State Code Section 15.2 -2119. SECTION VII. All prior ordinances in conflict herewith are hereby repealed. SECTION VIII. Severability. If a court of competent jurisdiction declares any provision of these ordinances invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. SECTION IX. This ordinance shall be effective upon its adoption. PASSED this 14 day of June, 2011. AT EST Clerk of Cou P: \Ordinances\2011 \0614 2011 Legislative Changes.doc 4 C. stattd, Mayor Town of Leesburg