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.
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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.
*
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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
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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.
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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:
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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.
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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.
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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:
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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