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2012_06_12_O015 To Amend the Town Code for Legislative ChangesThe Town of Leesburg, Virginia ORDINANCE NO. 2012 -0 -015 PRESENTED: June 12, 2012 ADOPTED: June 12, 2012 AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE: CHAPTER 20 (LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS), ARTICLE IX (BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSE TAX), SECTION 20- 233(b) and (c) (LICENSE REQUIREMENT) TO AMEND DATE OF LICENSE RENEWAL AND TAX TO ON OR BEFORE MAY 1 OF THE LICENSE YEAR; CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (OFFENSES AGAINST PROPERTY), DIVISION 3 (MISCELLANEOUS MISCHIEF), SECTION 24 -94 (RESERVED) TO ADD SECTION 24 -94 TO ALLOW THE TOWN TO RECOVER CLEANUP COSTS OF METHAMPHETAMINE LABS UPON CONVICTION FOR VIOLATION OF THE SAME; CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE IV (OFFENSES AGAINST PUBLIC SAFETY), DIVISION 2 (WEAPONS) SECTION 24 -156 (CARRYING DANGEROUS WEAPON TO PLACE OF WORSHIP) TO CONFORM TO CODE OF VIRGINIA SECTION 15.2 -915; CHAPTER 32 (TRAFFIC AND VEHICLES), ARTICLE V (STOPPING, STANDING AND PARKING), DIVISION 1 (GENERALLY), SECTION 32 -148 (REMOVAL AND DISPOSITION OF VEHICLES UNLAWFULLY PARKED) TO AMEND TO ADD ADDITIONAL REQUIREMENTS FOR THE TOWING OF VEHICLES TO ANOTHER LOCALITY; AND CHAPTER 32 (TRAFFIC AND VEHICLES), ARTICLE V (STOPPING, STANDING AND PARKING), DIVISION 1 (GENERALLY), SECTION 32 -149 (REMOVAL AND DISPOSITION OF UNATTENDED VEHICLES GENERALLY) TO AMEND TO ADD ADDITIONAL ENFORCEMENT PERSONNEL (TO REMOVE SAID VEHICLES); AND CHAPTER 32 (TRAFFIC AND VEHICLES), ARTICLE V (STOPPING, STANDING AND PARKING), DIVISION 1 (GENERALLY), SECTION 32 -150 (REMOVAL OR IMMOBILIZATION OF MOTOR VEHICLES FOR OUTSTANDING PARKING VIOLATIONS) TO AMEND TO ADD MOTOR VEHICLES AND TRAILERS 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 IX (Business, Professional, and Occupational License Tax), Section 20- 233(b) and (c) of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby amended to read as follows: 2 AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE Section 20 -233. License Requirement. (b) Each person subject to a license tax shall apply for a license prior to beginning business if he was not subject to licensing in the town on or before January 1 of the license year, or no later than Mar-eh May 1 of the current license year if he had been issued a license for the preceding license year. The application shall be on forms prescribed by the director of finance. (c) The tax shall be paid with the application in the case of any license not based on gross receipts. If the tax is measured by gross receipts of the business, the tax shall be paid on or before Mar-e May 1 of each year. SECTION II. That the following section of Chapter 24 (Offenses and Miscellaneous Provisions), Article III (Offenses Against Property), Division 3 (Malicious Mischief), of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be added to read as follows: Sec. 24 -94. Recovery of costs by Town for cleanup of methamphetamine labs upon conviction for violation of the same. Any person who is convicted of an offense within the town for manufacture of methamphetamine pursuant to Code of Virginia of 1950, as amended § 18.2 -248 or 18.2-248.03 shall be liable at the time of sentencing or in a separate civil action to the town for the expense in cleaning up any methamphetamine lab related to conviction. The amount charged shall not exceed the actual expenses associated with cleanup, removal, or repair of the affected property or the replacement cost of personal protective equipment used. SECTION III. That the following section of Chapter 24 (Offenses and Miscellaneous Provisions), Article V (Offenses Against Public Safety), Division 2 (Weapons), Section 24 -156 (Carrying Dangerous Weapon to Place of Worship) of the Town Code of the Town of Leesburg, Virginia, 2009, as amended, be and the same is hereby stricken: if any per-sen ;�i the te-A«, shall eaffy any beMe knife, dagger- other- ,l weapon to a plarae ef worship while a meeting for- religious puTeses is being held at sueh plae-e-, SECTION IV. That the following section of Chapter 32 (Traffic and Vehicles), Article V (Stopping, Standing and Parking), Division I (Generally), Section 32 -148 (Removal and AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE Disposition of Vehicles Unlawfully Parked) 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. 32 -148. Removal and disposition of vehicles unlawfully parked. (g) In the event that a vehicle is towed from the town and stored in or released from a location in another locality, this Code shall apply, provided that the stored or released location is within the Commonwealth of Virginia and within 10 miles of the point of origin of the actual towing. (1) Any towing company that stores or releases towed vehicles in another locality shall obtain a permit from the town to do so and shall submit to an inspection of such towing compgpys facilities to ensure that the company meets all the town's requirements, regardless of whether such facilities are located within the town or elsewhere. (2) The town shall impose and collect reasonable fees for the issuance and administration of permits as provided for in this subsection. (3) If any company perating in the town under this subsection shall violate the terms of this subsection, the town may revoke, suspend or modify any permit issued by it. Notice of any revocation, suspension or modification shall be given to the permitee by certified and regular mail. (4) The permittee shall have the opportunity �quest a hearing before the town manager to challenge the revocation, suspension, or modification. Such hearing request must be made within 10 days of receipt of the notice of revocation, suspension or modification. SECTION V. That the following section of Chapter 32 (Traffic and Vehicles), Article V (Stopping, Standing and Parking), Division 1 (Generally), Section 32 -149 (Removal or Immobilization of Motor Vehicles for Outstanding Parking Violations) 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. 32 -149. Removal or Immobilization of Motor Vehicles for Outstanding Parking Violations. (a) Whenever any motor vehicle, trailer or semitrailer is left unattended on a public highway or other public property and constitutes a hazard to traffic; or is illegally parked; or is left unattended for more than ten days on public property; or is immobilized on a public roadway by weather conditions or other emergency situation, any such motor vehicle, trailer or semitrailer may be removed for safekeeping by or under the direction of a police officer or other uniformed employee of the police department who specifically is authorized to do so by the chief law - enforcement officer or his designee to a storage garage or area. It shall be presumed that such motor vehicle, trailer or semitrailer, or part thereof, is abandoned if it lacks either a current license plate, or a current county, city or town license plate or sticker, or a valid state safety Ell AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE inspection certificate or sticker, and it has been in a specific location for four days without being moved. Each removal shall be reported as promptly as possible to the police department and to the owner of the motor vehicle, trailer or semitrailer. SECTION VI. That the following section of Chapter 32 (Traffic and Vehicles), Article V (Stopping, Standing and Parking), Division 1 (Generally), Section 32 -150 (Removal or Immobilization of Motor Vehicles for Outstanding Parking Violations) 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. 32 -150. Removal or immobilization of motor vehicles for outstanding parking violations. (a) Whenever any motor vehicle, vehicle or trailer parked on the public streets or highways or public grounds, against which there are three or more unpaid or otherwise unsettled parking violation notices, such motor vehicle, vehicle or trailer may be removed to a place within the town or in an adjacent locality, as designated by the chief of police, for the temporary storage of such vehicle, or such vehicle may be immobilized in a manner to prevent its removal or operation except by authorized police officers. Such removal or immobilization of the vehicle shall be by, or under the direction of, a police officer. (b) The police officer removing or immobilizing such motor vehicle, vehicle or trailer or under whose direction such motor vehicle, vehicle or trailer is removed or immobilized, shall inform as soon as practicable the owner of such motor vehicle, vehicle or trailer of the nature and circumstances of the prior unsettled parking citations, for which the motor vehicle, vehicle or trailer was removed or immobilized. In any case involving immobilization of a motor vehicle, vehicle or trailer pursuant to this section, there shall be placed on the motor vehicle, vehicle or trailer, in a conspicuous manner, a notice warning that the motor vehicle, vehicle or trailer has been immobilized and that any attempt to move the vehicle might damage it. (c) The owner of an immobilized motor vehicle, vehicle or trailer, or other person acting on his behalf, shall be allowed at least 24 hours from the time of immobilization to repossess or secure the release of the motor vehicle, vehicle or trailer. Failure to repossess or secure the release of the motor vehicle, vehicle or trailer within that time period may result in the removal of the motor vehicle, vehicle or trailer to a storage area for safekeeping under the direction of a police officer. (d) The owner, or other person acting on his behalf, may repossess or secure the release of the motor vehicle, vehicle or trailer by payment of the outstanding parking citations for which the motor vehicle, vehicle or trailer was removed or immobilized and by payment of all costs incidental to the immobilization, removal and storage of the motor vehicle, vehicle or trailer and efforts to locate the owner of the motor vehicle, vehicle or trailer. Should the owner fail or refuse to pay such fines and costs, or the identity or whereabouts of such owner be unknown and AN ORDINANCE: TO AMEND AND REORDAIN TOWN CODE unascertainable, the motor vehicle, vehicle or trailer may be disposed of in accordance with Code of Virginia, tit. 46.2, ch. 12 (Code of Virginia, § 46.2 -1200 et seq.). 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 This ordinance shall be effective upon its adoption. PASSED this 12th day of June, 2012. i tattd, Mayor 7. 1 Town of Leesburg • I �' I P: \Ordinances\2012 \0612 Amending the Town Code for Legislative Changes.doc