CHAPTER 1.
General Provisions.
| § 1. |
How code designated and cited. |
| § 2. |
Rules of construction. |
| § 3. |
Constitutionality. |
| § 4. |
Catchlines of sections. |
| § 5. |
General penalty for violation of code. |
| § 6. |
Repeal of general ordinances in conflict herewith; saving clause. |
| § 7. |
Corporate seal. |
| § 8. |
Same—Custodian. |
| § 9. |
Execution of deeds, contracts, etc. |
| § 10. |
Designation and boundaries of wards. |
| § 11. |
Election districts; voting places. |
Sec. 1. How code designated and cited.
The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Code of the City of
Charlottesville, 1945," and may be so cited. Said code may also
be cited as "Charlottesville City Code of 1945."
Sec. 2. Rules of construction.
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:
City. The word "city" shall be construed as if the words "of
Charlottesville" followed it.
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 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.
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 and things as well as to one
person and thing.
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.
Street. The word "street" shall be construed to embrace streets,
avenues, boulevards, roads, alleys, lanes, viaducts 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.
"The corporation" or "the city" shall be construed to mean "the
corporation of the City of Charlottesville."
"Written" or "in writing" shall be construed to include any representation
of words, letters or figures, whether by printing or
otherwise.
Other words. The rules for the "construction of statutes" as
given in the Code of Virginia shall govern, so far as applicable,
the construction of all other words not defined in this section.
Sec. 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.
Sec. 4. 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 such sections,
including the catchlines, are amended or reënacted.
Sec. 5. General penalty for violation of code.
Any person violating any chapter or section of this code in
which no specific penalty is provided shall be punished by a fine
not exceeding two hundred dollars or imprisonment not exceeding
two months, or both.
Sec. 6. Repeal of general ordinances in conflict herewith;
saving clause.
All the provisions of this code shall be in force and effect on
and after the 1st day of May, 1945, and all ordinances in force at
that time are hereby repealed from and after the said date.
Such repeal shall not affect any offense or act committed or done
or any penalty or forfeiture incurred or any contract or right established
or accruing before said date of the 1st day of May, 1945;
nor any ordinance or resolution promising or guaranteeing the payment
of money by the city or authorizing the issue of bonds of
said city, or other evidence of said city's indebtedness, or any contract
or obligation assumed by said city, nor shall said repeal
affect the administrative ordinances or resolutions of the council
not in conflict or inconsistent with the provisions of this code, nor
the salaries of the officers or employees, fixed by said ordinances
or resolutions, nor shall it affect any right or franchise conferred
by any ordinance or resolution of the council to any person or corporation,
nor shall it affect the tax and license ordinances now or
heretofore in force, nor shall it affect any prosecution, suit or proceeding
pending on said date, except that the proceedings thereafter
had shall conform as far as practicable to the provisions of
this code.
Sec. 7. 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 said words shall be
raised letters; the said 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. (Code 1932, § 33.)
Sec. 8. Same—Custodian.
The clerk of 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. (Id., § 34.)
Sec. 9. 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. (Id.,
§ 137.)
As to purchasing agent's duties in regard to sales or purchases exceeding
one hundred dollars, see ch. 2, § 136 of this volume.
Sec. 10. Designation and boundaries of wards.
The territory within the corporate limits of the city shall be
divided into four wards, whose boundaries shall be as follows:
(1) First ward. The first ward shall embrace all territory lying
east of the following line: Beginning at the intersection of the
center line of Main and Fifth Streets, East; thence southwardly
along the center line of Fifth Street, East, and with said line projected
in the same course to the southern corporate limits; thence
back to the aforesaid beginning point and along the center line of
Main Street, East, to its intersection with the center line of Fourth
Street, East; thence northwardly along the center line of Fourth
Street, N. E., and with said line projected in the same course to the
northern corporate limits.
(2) Second ward. The second ward shall embrace all the territory
lying north of the center line of Main Street and west of the
first ward as defined above and east and north of the following
line: Beginning at the intersection of the center lines of Main
Street and Tenth Street, N. W.; thence with the center line of
Tenth Street, N. W., and with said line projected in a northerly
direction to the corporate limits as they existed prior to January
1st, 1939; thence westwardly with said old corporate line to the
center line of Rugby Road; thence northwardly with the center
line of Rugby Road to Barracks Road; thence with the center line
of Barracks Road to the present city limits.
(3) Third ward. The third ward shall embrace all territory
lying south of Main Street and west of the first ward defined
above, and east and south of a line extending from the center line
of Main Street southwardly along the center of Ninth Street to its
intersection with the center line of the main line of the Southern
Railroad, thence with said railroad center line westwardly to the
corporate limits.
(4) Fourth ward. The fourth ward shall embrace all the territory
in the western part of said corporate limits which is not embraced
within the boundaries of the second ward and the third
ward as above defined. (Id., § 138; Ord. Mar. 16, 1939.)
For charter provision as to wards, see char., § 3; as to city boundaries,
see char., § 2.
Sec. 11. Election districts; voting places.
Each ward shall constitute an election district. Elections in
each ward shall be held at such voting place as may from time to
time be designated by the council. The voting places as now constituted
shall 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. (Code 1932, § 139.)
As to power and duty of council to establish election districts and
voting places, see § 145 of Michie's Virginia Code of 1942.
