Sec. 1-1. - How Code designated and cited.

The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Newport News, Virginia," and may be so cited. Such Code may also be cited as the "Newport News City Code."

(Code 1961, § 1-1)

Charter reference— Codification of ordinances, § 4.12.

State law reference— Authority of city to codify and recodify its ordinances, Code of Virginia, § 15.2-1433.

Sec. 1-2. - Rules of construction and definitions.

In the interpretation and construction of this Code and of all ordinances of the city, the rules of construction and definitions set out in this section shall be observed, unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise. Unless otherwise prescribed in this section or other sections of this Code or other ordinances of the city, the rules of construction and definitions given in title 1, chapter 2.1, Code of Virginia, shall govern, so far as applicable.

And, or. "And" may be read "or" and "or" may be read "and," if the sense requires it.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

Charter. The word "Charter" shall mean the Charter of the city as it now exists or as it may be amended in the future.

City. The term "city," "this city" or "the city" shall mean the Consolidated City of Newport News, in the State of Virginia.

Code. Whenever the term "Code" or "this Code" is used, without further qualification, it shall mean the Code of Ordinances, City of Newport News, Virginia, as designated in section 1-1.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

Council. Whenever the term "council" or "city council" is used it shall be construed to mean the council of the Consolidated City of Newport News, Virginia.

Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations, as well as to males.

Health officer. The term "health officer" shall be taken to mean the director of public health of the city or such director's authorized representative.

In the city; within the city. The words "in the city" or "within the city" shall mean any territory, jurisdiction of which, for the exercise of its regulatory power, has been conferred on the city by general or special law.

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise expressly stated.

Month. The word "month" shall mean a calendar month.

Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person and thing, and a word importing the plural number only may extend and be applied to one (1) person or thing, as well as to several persons or things.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath.

Officers, boards, etc. Whenever reference is made to a particular officer, department, board, commission or other agency, such reference shall be construed as if followed by the words "of the City of Newport News, Virginia."

Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the city.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word "person" may extend and be applied to associations, firms, partnerships and bodies politic and corporate, as well as to individuals.

Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb lines, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.

Signature; subscription. The word "signature" or "subscription" shall include a mark when a person cannot write.

State or commonwealth. The word "state" or "commonwealth" shall be construed as if followed by the words "of Virginia."

State Code. References to the "State Code" or "Code of Virginia" shall mean the Code of Virginia, 1950, as amended.

Street. The word "street" shall include streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public highways in the city, and shall mean the entire width thereof between abutting property lines. It shall be construed to include a sidewalk or footpath, unless the contrary is expressed or such construction would be inconsistent with the manifest intent of the council.

Swear; sworn. The words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed" in all cases in which, by law, an affirmation may be substituted for an oath.

Written; in writing. The terms "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

(Code 1961, § 1-2; Ord. No. 6398-07)

State law reference— Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-13.9 et seq.

Sec. 1-3. - Catchlines of sections.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the catchlines, are amended or reenacted.

(Code 1961, § 1-5)

State law reference— Similar provisions as to sections of state code, Code of Virginia, § 1-13.9.

Sec. 1-4. - Provisions of Code considered as continuations of existing ordinances.

The provisions appearing in this Code, so far as they are the same as those of ordinances adopted on and subsequent to July 1, 1958, the effective date of the consolidation of the former Cities of Warwick and Newport News, and included herein, shall be considered as continuations thereof and not as new enactments.

(Code 1961, § 1-3)

Sec. 1-5. - Miscellaneous ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall affect:

(1)

Any ordinance promising or guaranteeing the payment of money by or for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city;

(2)

Any ordinance granting any franchise or right;

(3)

Any ordinance appropriating funds, levying or imposing taxes or relating to an annual budget;

(4)

Any ordinance relating to salaries of city officers and employees or to compensation or pay plans or classification plans for such officers or employees;

(5)

Any ordinance annexing territory to the city;

(6)

Any ordinance authorizing, providing for or otherwise relating to any public improvement;

(7)

Ordinance No. 1020, being the subdivision ordinance set out in Appendix B of this Code, or any amendment thereto;

(8)

Any ordinance adopted for purposes which have been consummated; or

(9)

Any ordinance which is temporary, although general in effect, or special, although permanent in effect;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

(Ord. No. 5292-99)

Sec. 1-6. - Code does not affect prior offenses, rights, etc.

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, or any prosecution, suit or proceeding pending or any judgment rendered, on or before the effective date of this Code.

Sec. 1-7. - Reserved.

Editor's note—

Ord. No. 6642-09, adopted Nov. 10, 2009, repealed § 1-7, which pertained to limitation on amount of real estate that may be held by trustees of church or religious society, and derived from Ord. No. 267, § 1; Code 1961, § 1-7; Ord. No. 2733-81; Ord. No. 5822-02, § 1. See also the Code Comparative Table.

Sec. 1-8. - Limitation on amount of real estate that may be held by trustees of benevolent or literary associations.

The trustees of any society of Freemasons, Odd Fellows, Sons of Temperance, posts of Veterans of Foreign Wars or of the American Legion, Spanish War Veterans, Disabled American Veterans and of other associations of veterans of the armed forces of the United States or any other benevolent or literary association, or school league, or other group, organized for rural community civic purposes or improvement of farm life or operations of like purposes and not for profit, shall not take or hold in the city, for the use of any such association, any land, exceeding ten (10) acres, at any one (1) time; and the trustees of two (2) or more such bodies or societies may hold jointly, land not exceeding ten (10) acres.

(Ord. No. 1060, § 1; Code 1961, § 1-8)

State law reference— Authority for above section, Code of Virginia, § 57-20.

Sec. 1-9. - Supplementation of Code.

(a)

By contract or by municipal personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code which have been replaced shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ____________ to ____________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

State law reference— Authority to supplement Code, Code of Virginia, § 15.2-1433.

Sec. 1-10. - Copies of Code and supplements to be available for public inspection.

At least three (3) copies of this Code and every supplement thereto shall be kept in the office of the city clerk and shall there be available for public inspection, during normal business hours.

State law reference— Copy of Code on file, Code of Virginia, § 15.2-1433.

Sec. 1-11. - Classification of and penalties for violations; continuing violations.

(a)

Whenever in this Code or any other ordinance of the city or any rule or regulation promulgated by any officer or agency of the city, under authority duly vested in such officer or agency, it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punished as follows:

(1)

Class 1 misdemeanor: By a fine of not more than two thousand five hundred dollars ($2,500.00), or by confinement in jail for not more than twelve (12) months, or by both such fine and confinement.

(2)

Class 2 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more than six (6) months, or by both such fine and confinement.

(3)

Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00).

(4)

Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars ($250.00).

(b)

Whenever in any provisions of this Code or in any other ordinance of the city or any rule or regulation promulgated by an officer or agency of the city, under authority duly vested in such officer or agency, any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, such violation shall constitute a Class 1 misdemeanor and be punished as prescribed in subsection (a)(1) above.

(c)

Each day any violation of this Code or any other ordinance, rule or regulation referred to in this section shall continue shall constitute a separate offense, except where otherwise provided.

(d)

In addition to the fines and costs herein imposed, there shall be collected interest thereon at the annual rate of eight (8) percent from the date of entry of the judgment for such fine and costs or October 1, 1977, whichever is later, through June 30, 1981, and at the annual rate of ten (10) percent from the date of entry of the judgment for such fine and costs imposed after June 30, 1981.

(Ord. No. 2179; Code 1961, §§ 12-1, 25-59; Ord. No. 2969-82; Ord No. 4078-90; Ord. No. 4159-91)

Cross reference— Bondsmen, Ch. 12.

State law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, Code of Virginia, § 15.2-1429; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one (1) year, Code of Virginia, § 15.2-1430; injunctive relief for continuing violations of ordinances, Code of Virginia, § 15.2-1432.

Sec. 1-11.1. - Penalties for failure to appear.

Whoever, having been released from custody pursuant to chapter 9, title 19.2 of the Code of Virginia, 1950, as amended, or on a summons pursuant to section 19.2-73 or 19.2-74 of the Code of Virginia, 1950, as amended, for having violated any criminal provision of the Newport News City Code, willfully fails to appear before any court or judicial officer as required shall, after notice to all interested parties, incur a forfeiture of any security which may have been given or pledged for his release, unless one (1) of the parties can show good cause for excusing the absence, or unless the court, in its sound discretion, shall determine that neither the interests of justice nor the power of the court to conduct orderly proceedings will be served by such forfeiture. In addition, he shall be guilty of a Class 1 misdemeanor.

(Ord. No. 2824-81)

Sec. 1-12. - Refund of forfeiture previously deposited upon acquittal.

If any person charged with the violation of any provision of this Code or other ordinance of the city, or city regulation, deposits a forfeiture, with the appropriate court clerk or other person authorized to receive such forfeiture, and such forfeiture is entered as a fine and costs in the court having jurisdiction of such violation, and if the accused, within ten (10) days thereafter demands trial and, upon trial in such court is acquitted, the accused shall be entitled to a refund of such forfeiture as follows: The judge of the court in which the case was tried shall certify to the city manager the name of the defendant, the amount of such forfeiture so entered as a fine and costs and the date on which the defendant was acquitted. Upon receipt of such certificate, the city manager shall direct that the amount be paid to the accused by city warrant.

(Ord. No. 123, § 2; Code 1961, § 12-5)

Sec. 1-13. - Refund of fine and costs paid upon appeal to circuit court.

Any person charged with the violation of any provision of this Code or other ordinance of the city, or city regulation, and who has been tried in a court of original jurisdiction over such violation, and a fine and costs having been imposed by the court and paid to the court by the defendant for the use and benefit of the city, and who thereafter, within the period provided by law, perfects an appeal to the circuit court of the city, by giving bond within the time prescribed by law, shall be entitled to a refund of such fine and costs, as follows: The judge of the court in which the case was tried shall certify to the city manager the name of the defendant, the amount of fine and costs so paid, and the date on which the defendant perfected his appeal to the circuit court of the city, by giving bond within the time prescribed direct the amount of fine and costs so paid to be refunded to the accused by city warrant.

(Ord. No. 123, § 1; Code 1961, § 12-4)

Sec. 1-14. - Severability of parts of Code.

If any part, section, subsection, sentence, clause or phrase of this Code is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code.

(Code 1961, § 1-4)

Sec. 1-15. - Incorporation of future amendments by reference.

When the city incorporates, by reference, any state statute or regulation into an ordinance, the incorporation by reference shall include any future amendments to the referenced state statutes or regulations, unless contrary intent is specifically stated in the ordinance.

(Ord. No. 5651-01, § 1)