Sec. 2-1. - City seal.

(a)

The seal for the city shall be and consist of a metallic disc containing, within a plain border indicating a ship's wheel, mounted externally with eight (8) evenly spaced spokes, the following inscription "CORPORATION OF NEWPORT NEWS, VIRGINIA," in Roman letters; double lines both parallel to the external border, the outer and inner lines forming an incomplete circle, which is completed by a separate arc at the top containing the date 1958; springing from the inner line at the bottom of the circle, and as a continuation of said line, is the Warwick Elm, in the background of which are three (3) ships, the Susan Constant on the right of the trunk and the Godspeed and Discovery on the left of the trunk.

(b)

Neither the city seal nor any image or reproduction thereof can be used by any person or entity, other than by the city government or an agency, board, commission, department or a current officer thereof, for official city business, unless same is authorized by specific provision of law or by any policy regulating the use of the city seal promulgated hereunder.

(Ord. No. 30; Code 1961, § 1-6; Ord. No. 5697-01, § 1)

Sec. 2-2. - Fiscal year.

The fiscal year of the city government shall begin on the first day of July of each year and end on the thirtieth day of the following June.

(Ord. No. 6, § 1; Ord. No. 983, § 1; Ord. No. 998, § 1; Code 1961, § 16-1)

Charter reference— Fiscal year to be established by ordinance, § 6.01.

Cross reference— Tax and assessment year, § 40-21.

Sec. 2-3. - Budget, accounting, etc., year.

The fiscal year provided for in section 2-2 shall constitute the budget and accounting year and period of the city government.

(Ord. No. 6, § 2; Ord. No. 983, § 1; Ord. No. 998, § 1; Ord. No. 1105, § 1; Code 1961, § 16-2)

Charter reference— Similar provisions, § 6.01.

Sec. 2-4. - Custody, cancellation and destruction of redeemed bonds and coupons.

The city treasurer shall be the custodian of bonds and coupons which comprise the bonded debt of the city when such bonds and coupons have been paid or otherwise redeemed. The city treasurer shall cause such paid or redeemed bonds and coupons to be cancelled and destroyed and shall retain a permanent record of such cancellation and destruction in accordance with sound accounting practices and laws of this state. When the paid bonds and coupons have been destroyed, a certificate of such destruction, containing an itemized list of bonds and coupons destroyed, shall be filed with the director of finance and one (1) such certificate retained by the treasurer.

(Ord. No. 34, § 1; Code 1961, § 16-3)

Sec. 2-5. - Bonds of officers and employees generally.

The city manager shall place all fidelity bonds for which the city pays the premium required of any and all officers of the city, whether appointed or elective, as well as such bonds as may be required of city employees. The surety on all such bonds shall be satisfactory to and approved by the city manager, and the form thereof shall be acceptable to the city attorney.

(Ord. No. 18, § 1; Code 1961, § 2-45)

Charter reference— Authority of council to prescribe amount and condition of surety bonds for officers and employees, § 4.02(E).

Sec. 2-6. - Bond of city treasurer.

The city treasurer shall furnish a bond, with a surety company authorized to do business in the state, in the sum of two hundred thousand dollars ($200,000.00), for the faithful discharge by the city treasurer of the official duties of the treasurer's office as city treasurer and such other official duties of such office as are, or may be, imposed upon the city treasurer by law and by the Charter and the provisions of this Code and other ordinances of the city.

(Ord. No. 16, § 1; Code 1961, § 2-44)

Sec. 2-7. - General duties of city clerk.

The city clerk shall perform such clerical duties on behalf of the council or its members as the council may, by ordinance or resolution, prescribe.

(Ord. No. 420; Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-42)

Charter reference— City clerk, § 4.04

Sec. 2-8. - Duty of city clerk to publish reports and ordinances.

The city clerk shall publish such reports and ordinances as the council is required by law to publish and such other reports and ordinances as it may direct.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-41)

Sec. 2-9. - City clerk as clerk of boards and commissions.

The city clerk shall act as clerk of such boards and commissions as the council may, by ordinance or resolution, prescribe.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-38)

Sec. 2-10. - Normal work schedule.

The normal work schedule for city employees shall consist of a forty-hour work-week. Work schedules which deviate from forty (40) hours per week shall be approved by the city manager. The city manager is authorized to promulgate policies and procedures governing employee work schedules.

(Ord. No. 2570-79; Ord. No. 4470-93, § 1)

Sec. 2-11. - Continuation of service of members of city boards, commissions, committees and offices; residency requirement.

Consistent with the Charter, members of all boards, commissions, committees and other offices appointed by the city council at the end of their terms continue in office until reappointed or replaced.

Every person, appointed by city council on and after September 8, 1998, as a member of a board, commission, committee, or other office, shall be, at the time of his appointment, a resident of this city and during the tenure of his appointment shall reside within the city, provided that initial appointments to the board of the commission on youth established in this Code may include non-residents. Such initial appointments to the commission on youth board shall be limited to members of the alliance for youth and youth services commission boards of directors who were active board members on April 1, 2000, and who represented youth serving agencies; provided further, that such non-resident board members shall not be eligible for reappointment for any subsequent term of office.

To meet the test of residency, the person considered for appointment must, at a minimum, reside in Newport News, utilize Newport News as his/her place of residence for income tax and personal property purposes, and register all motor vehicles titled solely in the name of the person, if any, in the city. If registered to vote, same must be done in the City of Newport News. Any failure to maintain residency within the city shall terminate that person's membership and cause to be forfeited any remainder of the term for which the member was appointed. This residency requirement will not apply to persons appointed to serve on boards, commissions, committees, or other offices, each of which are of a regional nature; however, those persons must have and maintain a substantial business or professional interest or undertaking in Newport News or have some other significant connection to the welfare and well-being of the city.

(Ord. No. 2737-81; Ord. No. 5188-98, § 1; Ord. No. 5548-00)

Sec. 2-11.1. - Attendance of members of city boards, authorities, commissions and committees; procedure governing unexcused absences.

(a)

As used in this section the words and phrases identified below shall have the following meaning:

(1)

Appointed body shall mean the city's boards, authorities, commissions and committees, whose members are appointed by the Newport News City Council and who are residents of the city. The phrase "appointed body" shall not mean regional boards, or authorities, such as, but not limited to, the Peninsula Ports Authority of Virginia, or the Peninsula Airport Commission.

(2)

Consistent absence shall mean unexcused absences by a member of an appointed body from three (3) consecutive regularly scheduled meetings of that appointed body during any city fiscal year.

(3)

Irregular attendance shall mean unexcused absences by a member of an appointed body from three (3) regularly scheduled meetings of that appointed body during any city fiscal year.

(4)

Member shall mean a person appointed by the Newport News City Council to serve as a voting member of an appointed body.

(5)

Unexcused absence shall mean an absence, by a member of an appointed body from a regularly scheduled meeting of that appointed body, for which the member of that appointed body failed to notify the chairman or other designated officer thereof of an impending absence prior to the date of the public body's regularly scheduled meeting.

(b)

The city council finds that attendance of members of appointed bodies are an important and necessary component of service on same and that failure of a member of an appointed body to attend scheduled meetings of his or her appointed body affects the ability of that appointed body to conduct its public business. Attendance data shall be compiled by the chairman or other designated officer of the appointed body and reported by him or her to the city clerk on a monthly basis. Such data shall be a factor utilized by city council when it considers an individual for removal, appointment or reappointment to an appointed body. A member of an appointed body who is unable to attend a meeting of that body shall notify the chairman or other designated officer thereof of that impending absence prior to the date of the appointed body's meeting.

(c)

Irregular attendance. During the city's fiscal year, if any member's attendance at regularly scheduled meetings of that appointed body shall be deemed to be irregular attendance, such occurrences shall give rise to the presumption that such member has voluntarily resigned from that appointed body. Prior to a determination that the member has voluntarily resigned from that appointed body, the following shall occur:

(1)

During that fiscal year of the city, once any member incurs two (2) unexcused absences from regularly scheduled meetings of his or her appointed body the chairman or other designated officer thereof shall cause a letter to be written to the member who has incurred two (2) unexcused absences, requesting that the member advise the chairman or other designated officer of the member's intent with reference to future attendance at meetings of the appointed body.

(2)

If the member provides a written statement to the chairman or other designated officer of the appointed body indicating a desire to continue to serve on said appointed body, the chairman or other designated officer shall report same to the city clerk who shall write to said member who experienced two (2) unexcused absences, and remind that member that a third such unexcused absence will be deemed to be a voluntary resignation.

(3)

If the member does not communicate with the chairman or other designated officer of the appointed body prior to the next regularly scheduled meeting of the appointed body, the chairman or other designated officer thereof shall so notify the city clerk. The city clerk shall thereafter notify the city council of the attendance issue; provided that the city clerk shall send a copy of that correspondence to said member. The city council shall take such action with reference to the attendance issue as the city council in its sole discretion deems appropriate.

(d)

Consistent absence. During the city's fiscal year, if any member's attendance at regularly scheduled meetings of that appointed body shall be deemed to be a consistent absence, such occurrences shall give rise to the presumption that such member has voluntarily resigned from that appointed body. Prior to a determination that the member has voluntarily resigned from that appointed body, the following shall occur:

(1)

The chairman or other designated officer of the appointed body shall cause a letter to be written to such member who has incurred two (2) consecutive unexcused absences from two (2) regularly scheduled meetings requesting that the person advise the chairman or other designated officer of the member's intent with reference to future attendance at meetings.

(2)

If the member provides a written statement of the member's intent to cease attending and to officially resign as a member of that appointed body, the chairman or other designated officer shall so notify the city clerk and provide the city clerk with a copy of that written statement. The city clerk shall thereafter request in writing that the city council appoint a new member to the affected appointed body; provided that the city clerk shall send a copy of that correspondence to said member.

(3)

If the member provides a written statement to the chairman or other designated officer of the appointed body indicating a desire to continue to serve on said appointed body, the chairman or other designated officer shall report same to the city clerk who shall write to said member who incurred two (2) unexcused absences, and remind that member that a third unexcused absence will be deemed to be a voluntary resignation.

(4)

If the member does not communicate with the chairman or other designated officer of the appointed body prior to the next regularly scheduled meeting of the appointed body the chairman or other designated officer thereof shall notify the clerk of such occurrence. The city clerk shall thereafter notify the city council in writing of the attendance issue; provided that the city clerk shall send a copy of that correspondence to said member. The city council shall take such action with reference to the attendance issue as the council in its sole discretion deems appropriate.

(Ord. No. 6297-06)

Sec. 2-12. - Civil penalty recovery from drawer of bad check, draft or order.

In the event a check, draft or order tendered for payment of any amounts due the city, or due any other organization for which the city is acting as a fiscal agent, the payment of which has been refused by the drawee because of lack of funds in or credit with such drawee, is not paid in full within thirty (30) days after receipt by the drawer of written notice by registered or certified or regular mail with the city retaining sufficient proof of mailing, which may be a U.S. Postal Certificate of Mailing, from the city that the check, draft or order has been returned unpaid, the city may recover from the drawer in a civil claim or action a civil penalty of the lesser of two hundred fifty dollars ($250.00) or three (3) times the amount of the check, draft or order. No action may be initiated under this section if any action has been initiated under section 18.2-181 of the Code of Virginia, 1950, as amended.

(Ord. No. 2881-82; Ord. No. 3355-85; Ord. No. 5070-97; Ord. No. 5818-02, § 1)

Sec. 2-12.1. - Fees, penalties and interest for collection of delinquent charges.

(a)

There is hereby imposed upon each delinquent charge due the city, where the charge is delinquent and has been referred to an attorney for collection, a fee to cover reasonable attorneys' fees in the amount of twenty (20) percent of the delinquent charge, including penalties. In any case where a collection agency is contracted to collect any delinquent charge, the collection agency's fees, up to twenty (20) percent of the delinquent charge, including penalties, shall be chargeable against any amount due.

(b)

Any person failing to pay any account due the city on or before its due date, other than taxes, shall incur a penalty thereon of ten dollars ($10.00) or ten (10) percent of the amount delinquent, whichever is greater. The penalty shall be added to the amount of the account due for such person. No penalty shall be imposed for failure to pay any account if such failure was not in any way the fault of the debtor.

(c)

Interest at the rate of ten (10) percent annually from the first day following the day such account is due, shall be collected upon the principal and penalty due on all such accounts.

(Ord. No. 5474-00, § 1)

Sec. 2-13. - Contract execution by city manager or his designee.

(a)

The city manager, or his designee, shall have the authority to execute only those contracts listed below, without prior council approval:

(1)

Contracts in amounts not more than thirty thousand dollars ($30,000.00); or

(2)

Contracts with concessionaires and vendors in order to implement appropriate programs for city-sponsored special events, including, without limitation, the "Fall Festival," and "The Fourth of July."

(b)

All such contracts shall be reviewed and approved as to form and legality by the city attorney or an assistant city attorney prior to execution.

(Ord. No. 2900-82; Ord. No. 2993-82; Ord. No. 5037-97)

Sec. 2-13.1. - Acceptance of deeds by city manager or his designee.

The city manager, or his designee, shall have the authority to accept, on behalf of the city, deeds purporting to convey real property to the city which have been approved as to form by the city attorney, or one (1) of his assistants.

(Ord. No. 5086-97, § 1)

Sec. 2-14. - Authority to accept revenue by commercially acceptable means; service charge; bad check charge.

(a)

Subject to § 19.2-353.3 of the Code of Virginia, 1950, as amended, relative to payments of fees, fines, restitutions, forfeitures, penalties and other costs to the Newport News circuit and district courts, payments of taxes, interest, penalties, fees, fines or other charges due the city as designated by the city manager may be made by any commercially acceptable means, including, but not limited to, checks, credit cards, debit cards, and electronic funds transfers.

(b)

A sum, not to exceed the amount charged to the city for acceptance of any payment by a means that incurs a charge to the city, shall be owed by the payee and added to any such payment.

(c)

If any check or other means of payment tendered to the city is not paid by the financial institution on which it is drawn, because of insufficient funds in the account of the drawer, was returned because of a stop-payment order placed in bad faith, no account is in the name of the drawer, or the account of the drawer is closed, and the check or other means of payment is returned to the public body unpaid, the amount thereof shall be charged to the person on whose account it was received, and his liability and that of his sureties, shall be as if he had never offered any such payment. A penalty of thirty-five dollars ($35.00) or the amount of any costs, whichever is greater, shall be added to such amount, provided that the unpaid amount, plus penalty, is received by the city within ten (10) days of the date notice is mailed to the person who passed the dishonored instrument. Thereafter, should any unpaid amount remain, the penalty shall increase to fifty dollars ($50.00) or the amount of the costs, whichever is greater. This penalty shall be in addition to any other penalty provided by law.

(Ord. No. 3210-84, § 1; Ord. No. 5818-02, § 1; Ord. No. 6040-04, § 1; Ord. No. 6724-10; Ord. No. 6772-11, § 1)

Editor's note—

Ord. No. 6772-11 shall be in effect on and after July 1, 2011.

Sec. 2-15. - Acting city manager.

The city manager is hereby authorized to designate an acting city manager who, in the absence of the city manager, shall possess all the powers and responsibilities conferred upon the city manager.

(Ord. No. 3350-85, § 1)

Sec. 2-16. - Capital improvements program procedure and adoption.

(a)

The city manager shall no later than November 1 of each year submit to the council a multi-year capital improvements program which is consistent with the policies established by the council for such a program.

(b)

The capital improvements program shall contain estimates of the costs of the facilities presented therein and the means of financing them.

(c)

The council may request that the Newport News City Planning Commission review the capital improvements program for conformity with the city's comprehensive plan. The council shall establish a time for receipt of the commission's recommendations in its request for recommendation.

(d)

The capital improvement program shall be adopted by resolution by the votes of at least a majority of the members of council.

(Ord. No. 3960-89; Ord. No. 5277-99)

Sec. 2-17. - Budget submission procedure for city attorney and city clerk.

The following procedure shall apply to submission and review of the budgets of the city attorney and city clerk:

(1)

Consistent with the City Charter, the city attorney and city clerk shall submit estimates of revenue and expenditure for their departments on the forms and at such time prescribed by the city manager or the manager's designee for budget preparation.

(2)

The city manager may conduct such meetings with the city attorney or the city clerk as he may deem proper to create an understanding of their departmental budgets. The city manager's budget recommendation to the council may include a recommended revision to these departmental budgets, but such revision shall relate only to the total estimated departmental expenditure.

(3)

Prior to the council's first scheduled budget work session, the city attorney and city clerk shall transmit a copy of their office budgets directly to the council.

(4)

The council shall request such information from the city manager, city attorney and city clerk as it deems necessary to obtain a full understanding of the city attorney's budget and city clerk's budget. The council may request that this information be provided in the form of written reports or it may seek information through discussion with the city attorney or city clerk, or both.

(5)

The council shall approve the budgets of the city attorney and city clerk at the same time as it acts on the operational budget of the city as a whole.

(Ord. No. 4067-90)

Sec. 2-18. - Assessment for courthouse construction, renovation or maintenance.

(a)

There is hereby assessed, as part of the fees taxed as costs in each civil action, criminal or traffic case in a district or circuit court in the city, an assessment of two dollars ($2.00). Such assessment shall be in addition to any other fees prescribed by law.

(b)

The assessments shall be collected by the clerk of the court in which the action is filed, and remitted to the city treasurer who shall hold the monies subject to disbursements by the city council for the construction, renovation or maintenance of courthouse or jail and courthouse-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance.

(Ord. No. 4054-90; Ord. No. 4197-91, § 1; Ord. No. 4516-93; Ord. No. 4622-94; Ord. No. 5387-00; Ord. No. 6608-09, § 1)

Sec. 2-18.1. - Assessment of additional court costs in criminal and traffic cases for courthouse and courtroom security.

(a)

Pursuant to Section 53.1-120 of the Code of Virginia, there is hereby imposed and assessed, as part of the costs incident to each criminal and traffic case in which the defendant is convicted of a violation of any statute or ordinance, in the circuit, general district and juvenile and domestic relations district courts located within the city, the sum of ten dollars ($10.00) for courthouse and courtroom security.

(b)

The assessment provided for in this section shall be in addition to all other costs prescribed by law and shall be collected by the clerk of the respective courts, remitted to the treasurer of this city and held by such treasurer subject to appropriation by the city council to the sheriff's office for the funding of courthouse security personnel.

(Ord. No. 5797-02, § 1; Ord. No. 6382-07, § 1)

Sec. 2-18.2. - Assessment of additional court costs to support Newport News' local criminal justice training academy.

(a)

Pursuant to § 9.1-106 of the Code of Virginia, the clerks of the circuit, general district, and juvenile and domestic relations district courts located within the city shall assess and collect a fee of five dollars ($5.00) in every case in which costs are assessable pursuant to the Code of Virginia, §§ 16.1-69.48:1, 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, and 17.1-275.9.

(b)

The assessment provided for in this section shall be in addition to all other costs prescribed by law and shall be remitted to the treasurer of this city and held by such treasurer subject to appropriation by the city council. All funds collected pursuant to this ordinance shall be used to support the police department's criminal justice training academy.

(Ord. No. 6698-10, § 1)

Editor's note—

This section shall be in effect on and after August 1, 2010.

Sec. 2-19. - Setoff debt collection; recovery of administrative costs.

Pursuant to the authority granted by Virginia Code § 58.1- 520.1, the council hereby imposes, in addition to the amount of delinquent debt collected pursuant to the provisions of the Setoff Debt Collection Act (Virginia Code § 58.1-520, et seq.), a fee in the amount of twenty-five dollars ($25.00) per claim as a means of recovering the administrative costs associated with collection of the debt.

(Ord. No. 4661-94)

Sec. 2-19.1. - Traveling expenses.

Any person traveling on city business in a privately owned motor vehicle may be reimbursed for the cost of the use of such vehicle at such mileage rate as shall be established by the city manager; provided, however, that such reimbursement rate shall not exceed the standard rate which is deductible as a business expense pursuant to the Internal Revenue Code and the regulations promulgated thereunder.

(Ord. No. 4934-96)

Sec. 2-19.2. - Jail processing fee imposed on certain individuals; use of revenue by sheriff's office.

There is hereby imposed a processing fee in the amount of twenty-five dollars ($25.00) on any individual admitted to the city jail following conviction. The fee shall be ordered as a part of court costs collected by the clerk of court and shall be deposited into the account of the treasurer of the city. The fee shall be used by the Newport News Sheriff's Office to defray the costs of processing arrested persons into the city jail.

(Ord. No. 5793-02, § 1)