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
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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
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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:
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Clerk of Council
P:\Resolutions\2012 \0508 Initiating TC Amendments re General Assembly Actions.doc