HomeMy Public PortalAbout2016_04_26_R061 Initiating Batch Amendments to the Town Code The Town of
Leesburg,
PRESENTED April 26, 2016
RESOLUTION NO.: 2016-061 ADOPTED April 26. 2016
A RESOLUTION: INITIATING BATCH AMENDMENTS TO THE TOWN CODE
WHEREAS, during the past year, certain minor amendments to the Town Code have been
requested by the Town Manager and Director of Finance and Administrative Services; and
WHEREAS, during the past year, an error in the Town Code was identified which should
be corrected in order to comply with the Virginia Code; and
WHEREAS, Town Code amendments are necessary in order to comply with amendments
to the Virginia Code from the 2016 General Assembly Session.
THEREFORE, RESOLVED, the Council of the Town of Leesburg in Virginia directs the
Town Attorney to prepare draft ordinances, advertise these draft ordinances and hold a public
hearing on the following amendments to the Town Code:
1. Repeal Town Code § 32-118, as the Virginia Code does not authorize localities to prohibit
the use of engine brakes ("Jake brakes"); and
2. Amend Town Code Appendix B — Fee Schedule, § 20-244(12)(a)(1) to increase the
number of persons at tables from 50 to 100 to 1 to 100 for each restaurant that must apply
for a mixed beverage Business, Professional and Occupational ("BPOL") license; and
3. Amend Town Code § 32-141(a)(12) to add "or in the downtown parking garage facility" to
describe prohibited parking across or on any line or marking painted to designate a
vehicular space; and
4. Amend Town Code § 32-141(d) "Fine Schedule" to add "or in the downtown parking
garage facility" to describe prohibited parking across or on any line or marking painted to
designate a vehicular space, and to reduce the fine from $40.00 to $20.00.
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A RESOLUTION: INITIATING BATCH AMENDMENTS TO THE TOWN CODE
5. Amend Leesburg Town Code § 32-148 (Removal and disposition of vehicles unlawfully
parked) to comply with an amendment to Code of Virginia § 46.2-1233 (Localities may
regulate towing fees) to include mandatory charges recently enacted by in 2016 General
Assembly Session. The amendment to Code of Virginia § 46.2-1233 adds the following
requirement to localities in Northern Virginia:
Localities in Planning District 8 shall establish by ordinance (i) a hookup and initial
towing fee of S135 and(ii)for towing a vehicle between seven o'clock p.m. and eight
o'clock a.m. or on any Saturday, Sunday, or holiday, an additional fee of S25 per instance;
however, such ordinance shall also provide that in no event shall more than two such
additional fees be charged for towing any vehicle.
6. Amend Leesburg Town Code § 12-3 (Declaration of Emergencies) to comply with the
2016 General Assembly Session amendment to Code of Virginia § 44-146.21 (Declaration
of local emergency) which increases the time period from 14 days to 45 days for when the
Town Council shall confirm, modify, extend or cancel a declaration of a local emergency
made by the Town Manager.
PASSED this 26th day of April,2016.
jJ
David S. Butler, Mayor
Town of Leesburg
A 4T•
Clerk of C. sa
P:\Resolutions\2016\0426 Initiating Resolution for 2016 Batch Amendments.docx