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HomeMy Public PortalAbout2012_05_08_R051 Initiating Amendments to the TC re 2012 General AssemblyThe Town of Leesburg, Virginia RESOLUTION NO. 2012 -051 PRESENTED May 8, 2012 ADOPTED May 8, 2012 A RESOLUTION: INITIATING AMENDMENTS TO THE TOWN CODE TO ADDRESS CHANGES IN STATE LAW ENACTED DURING THE 2012 SESSION OF THE VIRGINIA GENERAL ASSEMBLY; TO COMPLY WITH CODE OF VIRGINIA SECTION 15.2 -915( LOCAL ORDINANCES MAY NOT REGULATE FIREARMS UNLESS AUTHORIZED BY STATUTE) ; AND TO EXTEND THE TIME FOR FILING BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAXES WHEREAS, certain bills passed during the 2012 session of the Virginia General Assembly may require amendments to the Town Code in order for the Town to remain compliant with state law and /or to enhance the Town's ability to protect the health, safety and welfare of its residents; and WHEREAS, House Bill 41 provides that when a motor vehicle is normally garaged in a location different from the domicile of the owner of the vehicle due to its use by a student attending an institution of higher education, then the situs for tax purposes is the owner's domicile; and WHEREAS, House Bill 498 authorizes the local police department to provide traffic control for funeral processions if not otherwise engaged in localities that have a separate police department; and WHEREAS, House Bill 567 sets forth further provisions in which localities may collect delinquent water and sewer fees from tenants and owners of real property, file liens and require deposits; and WHEREAS, House Bill 842 allows localities to condition the issuance of land development permits and business licenses upon the payment of delinquent taxes, fees and other charges; and WHEREAS, House Bill 848 allows localities to recoup expenses for the cleanup of Methamphetamine labs upon conviction for violation of the same; and WHEREAS, House Bill 860 allows localities to enact an ordinance to regulate the towing of -2- A RESOLUTION: INITIATING AMENDMENTS TO THE TOWN CODE TO ADDRESS CHANGES IN STATE LAW ENACTED DURING THE 2012 SESSION OF THE VIRGINIA GENERAL ASSEMBLY; TO COMPLY WITH CODE OF VIRGINIA SECTION 15.2 -915( LOCAL ORDINANCES MAY NOT REGULATE FIREARMS UNLESS AUTHORIZED BY STATUTE) ; AND TO EXTEND THE TIME FOR FILING BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAXES trespassing vehicles from property at the direction of the owner under certain conditions; and WHEREAS, House Bill 861 authorizes localities to remove all vehicles and trailers, in addition to motor vehicles, for outstanding parking violations; and WHEREAS, Senate Bill 364 authorizes localities to remove all vehicles and trailers, in addition to motor vehicles, parked adjacent to any roadway if it presents a hazard; and WHEREAS, House Bill 408, House Bill 933, Senate Bill 22 and Senate Bill 540 clarify the real property tax exemption for the elderly and disabled and for disabled veterans; and WHEREAS, House Bill 1277 permits localities to establish a civil penalty, not to exceed $2,500, when a business falsely represents to a customer or prospective customer that the business has a valid contractor's license; and WHEREAS, Code of Virginia of 1950, as amended, Section 18.2 -283, prohibits the carrying of any gun or other dangerous weapon, without good and sufficient reason, into a place of worship while a meeting for religious purposes is being held at such place; however Section 15.2 -915 prohibits a locality from adopting a local ordinance to so state; and WHEREAS, Code of Virginia of 1950, as amended, Section 58.1- 3703.1(2)(a) authorizes any locality to adopt a later application date for the filing of Business, Professional and Occupational License (`BPOL ") taxes that is on or before May 1 of the license year. THEREFORE, RESOLVED, the Council of the Town of Leesburg in Virginia directs the Town Attorney to: 1. Prepare and advertise for public hearing and adoption, if appropriate, a draft ordinance to add and amend certain chapters of the Town Code to address the changes in state law enacted by the sm A RESOLUTION: INITIATING AMENDMENTS TO THE TOWN CODE TO ADDRESS CHANGES IN STATE LAW ENACTED DURING THE 2012 SESSION OF THE VIRGINIA GENERAL ASSEMBLY; TO COMPLY WITH CODE OF VIRGINIA SECTION 15.2 -915( LOCAL ORDINANCES MAY NOT REGULATE FIREARMS UNLESS AUTHORIZED BY STATUTE) ; AND TO EXTEND THE TIME FOR FILING BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAXES aforementioned Senate and House Bills of the 2012 session of the Virginia General Assembly which may affect the Town and to comply with the Code of Virginia; and Virginia Code Section 15.2 -915; and 2. Prepare and advertise for public hearing and adoption a draft ordinance amending the date for which Business, Professional and Occupational License ( "BPOL ") taxes are due to a date that is on or before May 1 of the license year. PASSED this 8th day of May' 2012. 1 r Rst­efrC. U stattd, Mayor Town of Leesburg ATTEST: f i I Clerk of Council P:\Resolutions\2012 \0508 Initiating TC Amendments re General Assembly Actions.doc