CHAPTER 1.
General Provisions.
§ 1-1. How Code designated and cited.
§ 1-2. Rules of construction.
§ 1-3. Constitutionality.
§ 1-4. Catchlines of sections.
§ 1-5. General penalty; continuing violations.
§ 1-6. Repeal not to affect liabilities.
§ 1-7. Repeal not to revive former ordinance.
§ 1-8. Ordinances and resolutions in evidence.
§ 1-9. Corporate seal.
§ 1-10. Same—Custodian.
§ 1-11. Execution of deeds, contracts, etc.
§ 1-12. Designation and boundaries of wards.
§ 1-13. Election districts; voting places.
§ 1-14. Acceptance of certain building, electrical and plumbing inspections.
Sec. 1-1. How Code designated and cited.
The ordinances embraced in this section and the following
sections shall constitute and be designated "The Code of the City
of Charlottesville, 1965," and may be so cited. The Code may also
be cited as "Charlottesville City Code of 1965."
Sec. 1-2. Rules of construction.[1]
In the construction of this Code, and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of council:
Bond. When a bond is required, an undertaking in writing
shall be sufficient.
City. The words "the city" shall mean the City of Charlottesville,
in the County of Albemarle and the Commonwealth
of Virginia.
Computation of time. Whenever a notice is required to be
given, or any other act to be done, a certain time before any
motion or proceeding, there must be that time, exclusive of the
day for any such motion or proceeding, but the day on which such
notice is given, or such act is done, may be counted as part of the
time; but when a notice is required to be given, or any other act to
be done, within a certain time after any event or judgment, that
time shall be allowed in addition to the day on which the event or
judgment occurred.
Council. Whenever the word "council" is used, it shall be
construed to mean the council of the City of Charlottesville.
Gender. A word importing the masculine gender only shall
extend and be applied to females and to firms, partnerships and
corporations as well as to males.
Joint authority. Words purporting to give authority to three or
more officers or other persons shall be construed as giving such
authority to a majority of such officers or other persons.
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 person or thing, and a word importing the plural number only
may extend and be applied to one 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, and in such cases the words "swear" and
"sworn" shall be equivalent to the words "affirm" and
"affirmed."
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" shall 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
the street between the curb and the adjacent property line
intended for the use of pedestrians.
Signature; subscription. "Signature" or "subscription"
includes a mark when a person cannot write.
State. The words "the state" or "this state" shall be construed
to mean the Commonwealth of Virginia.
Street. The word "street" shall be construed to embrace
streets, avenues, boulevards, roads, alleys, lanes, viaducts,
bridges and the approaches thereto and all other public highways
in the city.
Tenant. The words "tenant" or "occupant," applied to a
building or land, shall include any person holding a written
or oral lease of, or who occupies, the whole or a part of such
building or land, either alone or with others.
Time. Words used in the past or present tense include the
future as well as the past and present.
Written; in writing. "Written" or "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.
Other words. The rules of construction given in sections
1-13 to 1-15.1, Code of Virginia, shall govern, so far as applicable,
the construction of all other words not defined in
this section. (Code 1959, § 1-2.)
Sec. 1-3. Constitutionality.
If any part or parts, section or 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 1959,
§ 1-3.)
Sec. 1-4. Catchlines of sections.[2]
The catchlines of the several sections of this Code, printed
in boldface type, are intended as mere catchwords to indicate
the contents of the sections, and shall not be deemed or taken
to be titles of such sections, nor as any part of the sections,
nor, unless expressly so provided, shall they be so deemed
when any of such sections, including the catchlines, are
amended or re-enacted. (Code 1959, § 1-4.)
Sec. 1-5. General penalty; continuing violations.[3]
Wherever in this Code or in any ordinance of the city or
in any rule, regulation or order promulgated by any officer
or agency of the city under authority duly vested in him or it,
any act is prohibited or is made or declared to be unlawful or
an offense or a misdemeanor, or wherever in such Code or
ordinance 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 therefor, the
violation of any such provision of this Code or any such ordinance
shall be punished by a fine not exceeding one thousand
dollars or confinement in a penal or correctional institution
not exceeding twelve months, or both.
Each day any violation of this Code or of any such ordinance
of the city or such rule, regulation or order shall continue
shall constitute a separate offense. (Code 1959, § 1-5;
7-20-64.)
Sec. 1-6. Repeal not to affect liabilities.[4]
No new ordinance shall be construed to repeal a former
ordinance as to any offense committed against the former
ordinance or as to any act done, any penalty, forfeiture or
punishment incurred, or any right accrued or claim arising
under the former ordinance, or in any way whatever to affect
any such offense or act so committed or done, or any penalty,
forfeiture or punishment so incurred, or any right accrued,
or claim arising before the new ordinance takes effect, save
only that the proceedings thereafter had shall conform, so
far as practicable, to the ordinance in force at the time of
such proceedings. (Code 1959, § 1-6.)
Sec. 1-7. Repeal not to revive former ordinance.[5]
When an ordinance which has repealed another shall itself
be repealed, the previous ordinance shall not be revived without
express words to that effect. (Code 1959, § 1-7.)
Sec. 1-8. Ordinances and resolutions in evidence.[6]
A copy of any ordinance or joint resolution of the city certified
by the clerk of the council, or a printed copy thereof
which purports to have been printed by the authority of the
council, shall be received as prima facie evidence for any purpose
for which the original ordinance or resolution could be
received. (Code 1959, § 1-8.)
Sec. 1-9. Corporate seal.
The corporate seal of the city shall be a design within a
circle, one and three-quarter inches in diameter, with the word
"VIRGINIA" across the face; in the exergue this inscription
"CITY OF CHARLOTTESVILLE," and all of such words
shall be raised letters; the design being the same as that
heretofore in use as the seal of the city. No other seal shall
be used for the city and no paper issued by municipal authority,
which requires the seal of the city, shall be valid
unless the seal prescribed above be duly affixed thereto; provided,
however, that an identifying device, the design of which
was approved by the council of the city on July 6, 1971, shall
be used as the seal of the city for all purposes except those
where the corporate seal is required by law to be affixed to
any document. (Code 1959, § 1-9; 7-19-71.)
Sec. 1-10. Same—Custodian.
The clerk of the council shall be the custodian of the corporate
seal of the city, and shall affix it to such papers or
documents as he may be required to affix it by any ordinance
or resolution of the council. (Code 1959, § 1-10.)
Sec. 1-11. Execution of deeds, contracts, etc.
All papers duly authorized to be executed in the name of
and on behalf of the city shall, unless otherwise provided by
ordinance or resolution of the council, be signed as follows:
Deeds, bonds and other instruments requiring the seal of
the city to be affixed thereto shall be signed by the mayor
and the seal shall be attested by the clerk of the council.
Notes or other similar evidences of debt shall be signed by
the mayor or by the finance committee.
The city purchasing agent shall sign all contracts covering
sales or purchases which he is authorized to make.
All other contracts shall be signed by the city manager.
(Code 1959, § 1-11.)
Sec. 1-12. Designation and boundaries of wards.[7]
The territory within the city shall be divided into four
wards, whose boundaries shall be as follows:
(a) First ward. The first ward shall embrace all the territory
in the eastern part of the city which is not embraced
within the boundaries of the second ward and the third ward,
as hereinbelow defined.
(b) Second ward. The second ward shall embrace all territory
lying north of the center line of Main Street, beginning
at the intersection of 2nd Street, N.E., west to the intersection
of the center line of 10th Street, N.W.; thence north
with a center line of 10th Street, N.W., to the intersection of
the center line of Preston Avenue; thence in a northwesterly
direction along the center line of Preston Avenue to the intersection
of the center line of Rugby Road and Preston Avenue;
thence in the same northwesterly direction along the
center line of Rugby Road to the junction of the center line
of Hydraulic Road and Rugby Road; thence along the center
line of Hydraulic Road to the southeastern corner of the
intersection of Route 29 North and Hydraulic Road; thence
along the eastern margin of Route 29 North, north to the city
limits; thence in a westerly direction along the city limits line to
the southern margin of Virginia Highway 631; thence along the
southern margin of Virginia Highway 631 to the western margin
of the Southern Railway Company right of way; thence south
along the western margin of the Southern Railway Company
right of way to the intersection of the center line of Route 250A;
thence east along the center line of Route 250A to the intersection
of the center line of McIntire Road; thence in a southeasterly
direction along the center line of McIntire Road to the intersection
of the center line of Nelson Drive; thence along the center line of
Nelson Drive to the intersection of the center line of 2nd Street,
N.E.; thence along the center line of 2nd Street, N.E. to the point
of beginning.
(c) Third ward. The third ward shall embrace all territory lying
south of the center line of Main Street beginning at the
intersection of the center line of 2nd Street, N.E., west to the
intersection of the center line of 9th Street, S.W.; thence along the
center line of 9th Street, S.W., south to the western margin of the
Southern Railway Company right of way; thence along the
western margin of the Southern Railway Company right of way
to the city limits; thence in a southeasterly and easterly direction
along the city limits to the center line of Virginia Highway 742;
thence along the center line of 6th Street, S.E., north to the
northern margin of the Chesapeake & Ohio Railway Company
right of way; thence along the northern margin of the Chesapeake
& Ohio Railway Company right of way west to the intersection of
the center line of 2nd Street, S.E.; thence north along the center
line of 2nd Street, S.E., to the point of beginning.
(d) Fourth ward. The fourth ward shall embrace all the
territory in the western part of the city which is not embraced
within the boundaries of the second ward and the third ward, as
above defined. (Code 1959, § 1-12; 10-18-62.)
Sec. 1-13. Election districts; voting places.[8]
Each ward of the city shall constitute two election districts or
precincts, as defined in this section. Elections in each district in
each ward shall be held at such voting places as may from time to
time be designated by the council. The voting places, as now
constituted, shall be so continued unless and until changed by the
council, but no change shall be made in any voting place within
thirty days next preceding any general election.
(a) First ward.
(1) Clark School Precinct. The Clark School Precinct of the
first ward shall embrace all territory in the first ward lying south
of the center line of the Chesapeake & Ohio Railway Company
right of way.
(2) Recreation Center Precinct. The Recreation Center
Precinct of the first ward shall embrace all territory in the first
ward lying north of the center line of the Chesapeake and Ohio
Railway Company right of way. The voting place for this precinct
shall be the former National Guard Armory now city recreation
center on East Market Street.
(b) Second ward.
(1) Lane High School Precinct. The Lane High School
Precinct of the second ward shall embrace all territory in the
second ward lying south of the center line of Rugby Avenue.
(2) Walker Junior High School Precinct. The Walker
Junior High School Precinct of the second ward shall embrace all
territory in the second ward lying north of the center line of
Rugby Avenue. The voting place for this precinct shall be the
Walker Junior High School.
(c) Third ward.
(1) Central Fire Station Precinct. The Central Fire Station
Precinct of the third ward shall embrace all the territory in the
third ward lying east of the line running along the center line of
9th Street, S. W.; thence south along the center line of 7½ Street,
S. W.; thence along an imaginary line south to the center line of
5th Street, S. W.; thence along the center line of 5th Street, S. W.
to the city limits.
(2) Johnson Precinct. The Johnson Precinct of the third ward
shall embrace all territory in the third ward lying west of the line
set forth in paragraph (1) above. The voting place for this precinct
shall be the United States Army Reserve Armory located at 1634
Cherry Avenue.
(d) Fourth ward.
(1) Venable School Precinct. The Venable School Precinct
of the fourth ward shall embrace all territory in the fourth ward
lying north of a line beginning at Main Street and 10th Street, N.
W.; thence along the center line of Main Street to its intersection
with Ivy Road; thence along the center line of Ivy Road to the city
limits.
(2) University Precinct. The University Precinct of the
fourth ward shall embrace all territory in the fourth ward lying
south of the line set forth in paragraph (1) above.
(e) Central absentee voter district. There is hereby established
a central absentee voter election district in the office of the
electoral board of the city in City Hall for the purpose of
receiving, counting and recording all absentee ballots in all
elections cast within the city. Such central absentee voter election
district shall receive, count and record all absentee ballots in
accordance with the requirements of section 24.1-233.1 and all
other applicable provisions of law. (Code 1959, § 1-13; 10-18-62;
1-18-72; 2-20-73; 8-19-74, § 1; 1-31-75, § 1.)
Sec. 1-14. Acceptance of certain building, electrical and
plumbing inspections.
Pending the implementation of Chapter 305, Acts of the
Assembly, 1970, the city manager is authorized to accept certified
inspections from any person deemed qualified by the city
manager for inspections required by chapters 7, 10 and 22.1 of
this Code with respect to the fabrication of industrialized building
units and mobile homes, as defined in the above-cited act, when
such units would otherwise require inspections by officials of this
city. (11-16-70.)
