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HomeMy WebLinkAbout2013-07Ordinance 2013-07 Ordinance Amending Section 50-1 and Section 82-4 of Ordinance 2012-17 and the Code of Ordinances-Town of Pulaski, Virginia WHEREAS, the Town Council recently amended the Code of Ordinances-Town of Pulaski, Virginia; and, WHEREAS, further amending of the Code of Ordinances and Ordinance 2012-17 has proven necessary to properly classify misdemeanors as set forth in state law; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 16th day of April 2013, that the following sections of Ordinance 2012-17 and the Code of Ordinances-Town of Pulaski, Virginia are hereby amended to read as follows: Sec. 50-1.-State misdemeanors adopted. All misdemeanors described in state law are deemed to be violations of this Code and are adopted as part of this Code and shall be punishable as a Class III misdemeanor unless otherwise stated. Sec. 82-4.-Adoption of state law generally. Sec. 82-4. -Adoption of state law generally. Pursuant to the provisions of Code of Virginia § 46.2-1313, all of the provisions and requirements of the laws of the Commonwealth relating to the operation of vehicles contained in Code of Virginia, tit. 46.2, the violation of which are misdemeanors or traffic infractions, except those which, by their very nature, can have no application within the Town, are adopted and made a part of this chapter as fully as though set out verbatim in this chapter, and are made applicable within the Town. Reference in state law to "highways of the state" shall be deemed to refer to "highways" within the Town. It shall be unlawful for any person within the Town to violate or fail, neglect or refuse to comply with any section of the Code of Virginia which is adopted in this section. The penalty for such violation shall be punishable as a Class III Misdemeanor unless otherwise stated. FURTHER that Ordinance 2012-17 be amended to delete the following extraneous language: The phrase "Penalty to be determined" to be deleted from No. 3 Chapter 14. Urban Archery Season; Article III; Section 14-44. Provisions from season. Page CD14:5 & CD14:6. The phrase "Enter new noise ordinance' to be deleted from No. 6 Chapter 38, Environment,' Article II. Noise; Section 38-31. Sound; Page CD38:3. The phrase "Need lanauaoe chanoe~" to be deleted from No. 8. Chapter 50. Offenses and Miscellaneous Provisions; Article I. In General; Section 50-1; State Misdemeanors adopted; Page CD50:3. This ordinance is effective upon adoption and is hereby adopted by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia, this 16th day of April 2013, as follows: Heather L. Steele -Aye H.M. Kidd -Aye Gregory C. East -Aye Joseph K. Goodman -Aye David L. Clark -Aye James A. Radcliffe -Aye THE TOWN OF PULASKI, VIRGINIA By: -~ S. W rrell, Mayor ATTEST: I c'~ir~~ ~'~ ii~1oJ Patricia Cruise, Clerk of Council