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HomeMy Public PortalAbout2022_12_13_O029 Batch Amendments to the Town Code The Town of Leesburg, Virginia PRESENTED: December 13, 2022 ORDINANCE NO. 2022-0-029 ADOPTED: December 13 2077 AN ORDINANCE: AMENDING TOWN CODE: CHAPTER 2 (ADMINISTRATION), ARTICLE IV (FINANCE), SECTION 2-158 (CONTRACTS AND PURCHASE ORDERS) CHAPTER 6 (AVIATION), ARTICLE II (LEESBURG EXECUTIVE AIRPORT), SECTION 6-22 (AIRPORT COMMERCIAL OPERATOR FEES) CHAPTER 20 (LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS): ARTICLE II (TAXATION GENERALLY), SECTION 20- 27 (DELINQUENT TAX LIST) ARTICLE IX (BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAX), SECTION 20-278 (COMPLIANCE WITH ZONING REGULATIONS, PREREQUISITE TO ISSUANCE, NONCOMPLIANCE AS GROUNDS FOR REVOCATION) CHAPTER 32 (TRAFFIC AND VEHICLES): ARTICLE V(STOPPING, STANDING AND PARKING): DIVISION 1 (GENERALLY), SECTION 32-140 (PARKING REGULATIONS OF THE TOWN MANAGER) DIVISION 2(PARKING METERS), SECTIONS: 32- 172 (DEFINITIONS); 32-173 (ESTABLISHMENT OF METER ZONES & PARKING TIME LIMITS THEREIN); 32-174 (MARKING OF METER SPACES AND ERECTION OF METERS); 32-175 (INFORMATION TO BE GIVEN ON METERS); 32- 176 (VEHICLE TO BE PARKED ENTIRELY WITHIN MARKED SPACE); 32-177 (WHEN METERS IN OPERATION); 32-178 (DEPOSIT OF PAYMENT, OCCUPANCY OF METERED SPACE; ETC.); 32-179 (OVERTIME PARKING); AND 32-180 (DEFACING, DAMAGING, ETC., METERS) ARTICLE VIII(SNOW EMERGENCIES), SECTIONS. 32- 324 (CONDITIONS REQUIRED FOR DECLARATION); AND 32-325 (SNOW EMERGENCY ROUTES DESIGNATED) APPENDIX A—FRANCHISES APPENDIX B—FEE SCHEDULE, SECTION 6-25(2) (MONTHLY RENTALS) AN ORDINANCE: AMENDING TOWN CODE WHEREAS, the Leesburg Town Council has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs, and to review, interpret and amend its ordinances, rules and regulations; and WHEREAS, the Leesburg Town Council wishes to clarify and refine business processes, address issues identified by staff, conform the Town Code to State Code and current Town operations, clarify or correct inconsistencies and errors, and address concerns from the community; and WHEREAS, Virginia Code§ 15.2-1123 authorizes the Town to charge or authorize the charging of compensation for the use of the airport or any of its appurtenances or facilities; and WHEREAS, airport hangar and tie-down leases currently require payment of aircraft storage fees when aircraft are not removed from the leased area upon expiration or termination of the lease, and the Town Council wishes to establish the amount-of such fees; and --- - WHEREAS, the proposed fees for storage of aircraft without a valid lease (mcluding upon expiration or termination of a lease) have been recommended by the Town Attorney's office to facilitate legal enforcement of Airport leases; and WHEREAS, the Town Council held a public hearing on the proposed amendments to the Town Code following due advertisement in accordance with Virginia Code § 15.2-1427; and WHEREAS, based upon the foregoing, the Leesburg Town Council has determined that it is necessary, advisable and in the best interests of the Town of Leesburg and its residents to amend its Town Code as set forth below; and WHEREAS, all prior ordinances and resolutions in conflict herewith are repealed. -3- AN ORDINANCE: AMENDING TOWN CODE THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Section 2-158 of the Town Code of Leesburg, Virginia (or the Town Code), is hereby amended to read as follows: Sec. 2-158. Contracts and purchase orders. (a) Unless Except as otherwise permitted by law and by such procurement policies and procedures as are duly adopted by the town council from time to time, every undertaking-procurement transaction involving the expenditure of town money shall be in writing, in the form of a purchase order or of a contract, as may be appropriate. (b) The director of finance and administrative services shall attach to each contract a certificate signed by him that the estimated amount of money required to meet the obligation of the town by such contract has been lawfully appropriated and in the treasury or is in the process of collection to the credit of the fund involved, free from any prior encumbrance. In the case of a contract to continue beyond any current year and to involve expenditures of money in future years, the director of finance and administrative services need only certify as to the money - - estimated to be paid thereunder during the current year. State law reference(s)—Virginia Public Procurement Act, Code of Virginia, § 2.2-4300 et seq. SECTION II.That Section 6-22(b)of the Town Code of Leesburg,Virginia(or the Town Code), is hereby amended to read as follows: Sec. 6-22. Airport commercial operator fees. * (b) All fees imposed by this section, except as herein otherwise provided, shall become due and payable on or before July 1 of each year (each permit shall be valid from July 1 to June 313Q of the following year). Where a permiee begins -- permitted operations after July 1 of a year, such fee shall be paid at the time the license application is approved by the town. All fees that are paid after the date due are subject to a late fee of ten percent of the amount owed and ten percent per annum interest payment until paid in full. Fees for first-year operations shall be based on estimates of gross receipts from operations and adjusted after the dose of the fiscal year for actual receipts. The director of finance and administrative services shall assess or refund the erroneous amount to the permiee, as appropriate. * -4- AN ORDINANCE: AMENDING TOWN CODE SECTION M.That Section 20-27 of the Town Code of Leesburg,Virginia(or the Town Code), is hereby amended to read as follows: Sec. 20-27. Delinquent tax list. (a) A copy of each flLof the three six lists mentioned in Code of Virginia, § 58.1- 3921(1),(2),and(3)shall be submitted by the director of finance and administrative services to the town council upon their request. in a manner to be determined by the town council in accordance with Code of Virginia,§ 58 1-3924at-tlte-first (b) Whe_ any town real eotate t..xes are f u_d a.. b.. delinquent en July 1 of the year his o ffic.. the Corrm need ... of .._ g the .. o tee n -oiler to that , -oyideed by law C..the record of delinquent taxes en real e..t.te due to the county as provided by law. (c) Until the tar._.. so f.._d delinquent a red in ... ch record as herein proyideA whether owned by the person whose.__mc it was a sed or nee SECTION IV.That Section 20-278 of the Town Code of Leesburg,Virginia(or the Town Code), is hereby amended to read as follows: Sec. 20-278. Compliance with zoning regulations, prerequisite to issuance; noncompliance as grounds for revocation. The director of finance and administrative services shall not issue a license for conducting any business, profession, trade or occupation at a location where the conduct of such business, profession, trade or occupation is prohibited by the zoning regulations of the town. All such licenses shall be subject to verification to ascertain compliance-with-the r,.gtlations that the use to be licensed is permitted by the zoning regulations of the town to occur at the location identified. as evidenced by issuance of a zoning permit. Failure to comply with applicable town zoning regulations shall be just cause for immediate revocation by the director of finance and administrative services. SECTION V.That Section 32-140 of the Town Code of Leesburg,Virginia(or the Town Code), is hereby amended to read as follows: Sec. 32-140.Parking regulations of town manager. (a) The town manager may designate the time,place and manner in which vehicles may be allowed to park on town street and in town lots, and may make and enforce such -5- AN ORDINANCE: AMENDING TOWN CODE additional rules and regulations as parking conditions may require; provided, however, that paid parking...eta zones shall be as established by the town council. The location within the paid parking zone of parking meters. pay stations, or signage containing instructions for accessing a parking payment application within the—metered—gene—shall be at a location designated by the town manager, in accordance with town code section 32-174. (b) When any parking regulation is established pursuant to this section,the town manager shall cause to be erected appropriate signs or markers so that an ordinarily observant person will be aware of such regulation. (c) When any regulation is made pursuant to this section and when appropriate signs or markers have been erected as required by this section, it shall be unlawful for any person to violate any such regulation. SECTION VI. That Division 2 (Parking Meters) of Chapter 32, Article V of the Town Code of Leesburg, Virginia(or the Town Code) is hereby amended to read as follows: DIVISION 2. PAID PARKING METERP Footnotes: —(5)— State Law reference—Authority of town with respect to rking-metrts Lode of Viiginia, §46.2-1220. Sec. 32-172. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Parking meter means a mechanical or electronic device located or installed upon a public street or sidewalk or in a parking lot, in any place designated as-a-par ing-meter 1w the Town for purposes of remitting payment which entitles a vehicle operator to hourly parking privileges in narking spaces designated within a paid parking zone under this division, which device shall entitle parking privileges to be extended to the vehicle operator upon payment. The phrase parking meter shall be deemed to include a single mechanical parking meter or a parking pay station for multiple parking spaces and all provisions applicable to parking meters shall apply to parking pay stations. Paid narking mace means any Town-owned parking space for which payment is rewired in exchange for hourly parking privileges. On or near each paid parking meter space shall be displayed the following: the legal parking times established by the town, the manner of operation and payment, and time limitations, if any P i arkin zone means any restricted street, area, or lot upertfor which payment to the Town is required for hourly parking privileges. -6- AN ORDINANCE: AMENDING TOWN CODE Parking payment application means a computer or smart-phone-based program or application that allows patrons to pay for hourly parking privileges. Sec. 32-173. Establishment of meter—paid parking zones and parking time limits therein. Parking-meter aidparking zones with the following and-time limits for lawful parking are-may be established-asfellews by the town council by resolution auproving a paid parking zone map setting forth the blocks and other areas where payment is required for parking privileges. All newrs paid parkin¢ spaces in the town shall be for two hours with the exception of the two aces on the south side of Market Street directly adjacent to the United States Post Office. Sec.32-174.Marking of meter-paid parking spaces and erection of meters,pay stations or si®age. (a) On streets designated as within the paid parking meter-zones established by this division,the town shall cause separate paid parking meter spaces to be marked on the surface of the street or by other appropriate means and shall take any or all of the following steps as the Town Manager determines to be appropriate: (i) erect or cause to be erected a parking meter on the sidewalk or pavement adjacent to each such marked parking meter space; (ii) cause pay station to be installed and centrally located on the same block face street of the paid parking spaces they serve: or (iii) install signs containing, instructions for accessing a Dancing payment application for making payment electronically within easy viewing of each paid parking space. (b) On parking lots owned or operated by the town,the town shall cause separate par parking meter-spaces to be marked on the surface of such parking area,or by other appropriate means, and shall erect or cause to be erected either a parking meter adjacent to each such marked parking meter spaceaa Ppay stations-shall-be centrally located within the parking lot, or signage containing instructions for accessing a parking payment application either adjacent to each paid parking space or centrally located within the parking lot. Sec. 32-175. Information to be given on meters or on signage related toyaid parking spaces. Each parking meter shall, , display the following: -7- AN ORDINANCE: AMENDING TOWN CODE (1) The denomination of the legal tender of the United States or other authorized payment to be deposited or made, as provided in this division. (2) The legal parking times established by the town, in which the vehicle may be parked and the time when such period has elapsed. (3) Information as to the manner of operation. (4) Signage related to use of a parking payment application shall set forth the information contained in items 2 and 3 above. (5) A parking payment application shall set forth,before any payment is rendered the hourly parking rate for the applicable paid parking space. Sec. 32-176. Vehicle to be parked entirely within marked space. It shall be unlawful for any person to park any vehicle across or on any line or marking designating a pajjparking meter-space marked as provided in this division,or to park any vehicle in such way that the vehicle will not be wholly within the parking space, as designated by such lines or markings. Sec. 32-177. When avment for parking is respired. .. .: -teas-insalled Paid parking spaces shall require payment for hourly parking privileges under the provisions of this division shall-be-operated between the hours of 8:00 a.m. and 5:00 p.m. on all days except Saturdays, Sundays and all legal holidays as established by Code of Virginia, § 2.2-3300. Sec. 32-178.Deposit of payment; occupancy of metered-paid parking space; etc. (a) The owner or operator of a vehicle, upon entering a paid parking meter space marked as provided in this division, during the time paid parking mete.>-am-in open is required by section 32-177, shall immediately deposit legal tender of the United States or other authorized payment in either (i) the parking meter situated adjacent to the paid parking meter-space,er-(ii) the pay station located in a central location, including users of"pay b.. ph or (iii) through the use of a parking payment application or other technology-based parking payment option. Such owner or operator of a vehicle shall operate the parking meter or pay station according to the instructions thereon or use the parkinguavment application pursuant to the instuctions therein. Failure to comply with such requirements shall be unlawful. However, vehicles displaying license plates with official Purple Heart or former POW designations shall be allowed to park at such metered paid parking spaces free of charge up to the posted time limit on-the-parking-meter. A disabled person, vehicle owner, or volunteer for an institution or organization to which disabled parking license plates, organizational removable windshield placards,permanent windshield placards,or temporary removable windshield placards are issued or any person to whom disabled parking license plates have been issued pursuant to Code of Virginia, § 46.2-739(B) shall be allowed to park the vehicle on which such license plates or placards are displayed for up to four hours in a paid parking meter space and shall be exempted from paying hourly parking meter fees. -8- AN ORDINANCE: AMENDING TOWN CODE (b) Upon the deposit of a $.05, $0.10 and $0.25 coin, other an authorized payment, or utilization of-one-parking payment application or other technology- based payment option, and eceiving confirmation that such payment has been accepted,the parking meter space may be lawfully occupied during the period of time prescribed for the particular payment amount deposited-me. (c) All means of paving the hourly charge associated with utilizing a paid parking space shall be capable of accepting additional payment throughout the allowed period, as long as the allowed limit is not exceeded by any one vehicle occupying the same space. The Town pay to park rates do not include any convenience fee that may be charged by the-a service provider for a"pa- e'parking payment application or other technology-based parking payment option. (d) It shall be unlawful for the operator of a vehicle to park such vehicle, or to permit such vehicle to remain parked in a paid parking meter space, during the hours of operation ofthe-parking-rpeter when payment is re nil pursuant to section 32- 177, for a period longer than the maximum time allowed from the time the vehicle is so parked in any such paid parking meter space. Sec. 32-179. Overtime parking. If any vehicle shall remam parked in any paid parking meter-space marked as provided in this division, for such length of time that the parking meter. parking station or parking payment application adjaeent-te for such space shall indicate by-a-proper-sigflal that the lawful parking period has expired, such vehicle shall be deemed to be parked overtime. The parking of a vehicle overtime shall be unlawful. Sec. 32-180.Defacing, damaging, etc., meters, stations. or signage. (a) It shall be unlawful for any person to deface, tamper with, damage, open, or willfully break, destroy or impair the usefulness of any parking meter. parking station or parking signage erected pursuant to this division. Violations of this subsection shall be punished punishable as provided in section 1-13. (b) Any person who enters, forces or attempts to force an entrance into,tampers with, or inserts any part of an instrument into any parking meter or parking station, with intent to steal therefrom, shall for the first conviction thereof be guilty of a misdemeanor. -9- AN ORDINANCE: AMENDING TOWN CODE (c) Any person who shall operate,cause to be operated,or attempt to operate or cause to be operated any parking meter or parking station, designed only to receive lawful coin tender of the United States of America, in connection with the use or enjoyment of parking privileges or any other service, by means of a slug, or any false, counterfeit, mutilated, sweated or foreign coin, or by any means, method, or trick er-of a device whatsoever, not authorized by the town; or who shall obtain or receive parking privileges or any other service from any such parking meter or parking station, designed only to receive lawful eein tender of the United States of America, without depositing in or surrendering to such parking meter lawful coin-tender of the United States of America to the amount required therefor, shall be guilty of a misdemeanor. (d) Any person who,with intent to cheat or defraud the town with respect to operation of parking meters or parking stations, designed only to receive lawful eein tender of the United States of America, in connection with the use of any such parking meter or station, or who, knowing or having reason to believe that the same is intended for such unlawful use, shall manufacture, sell, offer to sell, advertise for sale or give away any slug, device or substance whatsoever, intended or calculated to be moused in or by any such parking meter or parking station,shall be guilty of a misdemeanor. The manufacture, sale, offer for sale, advertisement for sale, giving away or possession of any such slug, device or substance whatsoever, intended or calculated to be used in or by any such parking meter or parking station that operates on the coin-in-the-slot principle, shall be prima facie evidence of intent to cheat or defraud within the meaning of this section. Secs. 32-181-32-199. Reserved. SECTION VI.That Sections 32-324 and 32-325 of the Town Code of Leesburg,Virginia (or the Town Code), are hereby amended to read as follows: Sec. 32-324. Conditions required for declaration. A snow emergency may shall be declared by the town manager when the National Weather Service has forecasted an accumulation of 2"or more of winter precipitation for the county, and shall be declared by the town manager when snow begins to accumulate or ice begins to form on streets creating hazardous driving conditions, or when the National Weather Bureau Service has registered a minimum snowfall of two inches for the county, based on statistics compiled at the Dulles International Airport. Sec. 32-325. Snow emergency routes designated. (a) The following streets within the town are to be designated as snow emergency routes and posted according to state standards at intervals of not less than 1500 feet as specified in the Virginia Manual on Uniform Traffic Control Devices for Streets and Highways: -10- AN ORDINANCE. AMENDING TOWN CODE (1) Market Street from Fairview Street, northwest to the bridge at Route 15 Bypass,northeast. (2) King Street from 500 feet north of Union Street,northwest to Country Club Drive, southwest. (3) Loudoun Street from Liberty Street to Harrison Street. (b) When a snow emergency is declared, the public works department shall use the best possible equipment and methods to clear the streets and highways in the town beginning with the snow emergency routes in the order listed in this section. If snow becomes packed or frozen, sand treated with a salt-calcium chloride mixture shall be used. (c) Snow emergency procedures shall remain in effect until all snow emergency routes have been cleared and designated safe by the town manager, not to exceed 24 SECTION VIII. That Appendix B — Fee Schedule, Subsection 2 (Monthly Rentals) of Section 6-25 (Leesburg Executive Airport)of the Town Code of Leesburg, Virginia(or the Town Code)is hereby amended to read as follows: (2)Monthly rentals: Iree— - - - -- -- -- -- -- ----- -- North 65' Corporate Hangars $2,500.00 South 55' Corporate Hangars $2,000.00 North 48' A, B, & C T-hangars $700.00 North 53' T-Hangars End Units C-1 and C-7 $750.00 South 44' T-Hangars $650.00 North 42' T-Hangars $600.00 T-Hangars #1-6 and#13-18 $500.00 T-Hangars #7-12 $650.00 T-Hangars #20-34 and#35-50 $600.00 T-Hangar#19 $850.00 Tiedowns $120.00 Storage of aircraft without valid lease/after $30.00 per day eM�r ion or termination of lease SECTION IX. That Appendix A-Franchises of the Town Code is hereby repealed. „f ccbu_g. �s _11_ AN ORDINANCE: AMENDING TOWN CODE Name r lie-of cxpiratien Cavalier Telephone, LLC license February 18, 2005 February,18 20'10 a1,r..,n.ent &yn...L r4 2004 October31,2010 Cate`o •.tee—Networks franehise agreement July 23, 2003 Oc�1,2010 Gatehouse Networks license agreement Potomac Station Co—. munity Ate72000 August 11, 2003 Association, Inc. license agreement Hyperion—Communications—of June 24, 1999 May 24,2004 Virginia r r C January 14, 1992 January-14,2022 John Whipple, Jr. (Virginia February 23, 1891 Power) a..T.. Council Exeter Homeowners A....,..__.:^_ May 15, 1992 Septembe. 1995 lieense-agreement r__ AT&T Corporation li ense June 17, 2005 June 17. 2010 agreement OnFiber Canter cc_yicc2 Virginia September.n 200A Seyt.,'...1,9,2009 Inc. l eense agreement Northern Virginia Electric February 1, 2005 January 3�rr 1,2011 Geeperati fra_ehise (contract) VI .. Virginia. Lc franchise rune 2O 2006 etiz^ June 28, 2021 agreement Com ast Cable franchise October 3 , ^^00 Octe1er-30,2040 agrc Rent SECTION X. This ordinance shall be in effect upon its passage. PASSED this 13th day of December 2022. Kelly Bur , Ma r , -` 1/ Town of Leesburg ATTEST. a f;ega- Clerk of Council