PUBLIC NOTICE
The Board of Supervisors of Rockingham County gives notice of its intent to adopt numerous amendments to the Rockingham County Code at its regular meeting on August 26, 2015 beginning at 6:00 p.m. at the Rockingham County Administration Center, 20 East Gay Street, Harrisonburg, Virginia.
The recommended changes to the Code are primarily housekeeping or updating to follow current state law rather than changes to the intent of the statute. However, some are substantive changes (highlighted in BOLD).
The proposed amendments are summarized below:
Chapter 1 – General Provisions
Section 1-5 “Severability of parts of code” to be amended for language and clarity purposes.
Section 1-8 “Adoption” to be amended for citation update.
Section 1-13 “Ordinances passed prior to adoption of the Code” to be repealed for lack of necessity.
Section 1-14 “Effect of Code on past actions and obligations” to be repealed for lack of necessity.
Section 1-15 “Constitutionality and validity” to be repealed due to redundancy.
Chapter 2 – Administration
Section 2-1 “Bonds of officers, employees, and agents” to be amended to update citations.
Section 2-6.1 “Fee for bad checks” to be amended to raise the fee up to $50.
Section 2-20 “Ordinances” to be amended for clarity.
Section 2-25 “Removal from office; compensation of members” to be amended to reflect current state code.
Section 2-30 “Established: composition; duties” to be repealed for lack of necessity.
Section 2-33 “Utilities fees and levies” to be amended to represent current fees.
Section 2-56 “Authority for sale” to be amended to reflect current state code procedure.
Section 2-163 “Administration and interpretation” to be amended to reflect current state code.
Section 2-168 “Fingerprinting and further information” to be repealed for lack of necessity.
Section 2-169 “Disposition” to be repealed for lack of necessity.
Section 2-171 “Franchises and permits for emergency medical services vehicles” to be amended to reflect current state code.
Chapter 3 – Amusements
The entirety of Chapter 3 to be amended for renumbering.
Section 3-1 “Dance Halls” to be amended to reflect current state code.
Section 3 Article II “Bingo Games and Raffles” to be repealed as bingo is now regulated by the state.
Chapter 4 – Animals and Fowl
Section 4-5 “Leaving disabled or dead animals in road or allowing dead animal to remain unburied” to be amended to reflect current state code.
Section 4-6 “Cruelty to animals” to be amended to reflect current state code penalties.
Section 4-7 “Definitions” to be amended to update three definitions to reflect current state code.
Section 4-10 “Dogs deemed personal property” to be amended to give recovery rights to owners.
Section 4-11 “Dangerous or vicious dogs” to be amended to update dangerous dog registration procedure.
Section 4-12 “Dogs killing or injuring livestock or poultry” to be amended to reflect current state code.
Section 4-17.1 “Female dogs in season” to be repealed for lack of necessity.
Section 4-24 “Required” to be amended for citation update.
Chapter 5 – Junk Yards
Chapter 5 to be repealed due to lack of necessity.
Chapter 6B – Erosion and Sediment Control
Section 6B-1 “Purpose” to be amended to update state code citations.
Section 6B-2 “Definitions” to be amended to update definitions and state code citations.
Section 6B-5 “Non-controlled activities” to be amended to update state code reference.
Section 6B-6 “Administration” to be amended to update permit application procedures.
Section 6B-7 “Inspection” to be amended to update state regulation citations.
Section 6B-9 “Penalties” to be amended for renumbering and for clarification on how penalties may be levied.
Section 6B-13 “Right of Entry” to be enacted, consistent with state code, to grant County Erosion and Sediment Control inspectors the authority to enter onto property for the purposes of inspection and enforcement of Chapter 6B.
Chapter 7 – Finance and Taxation
Section 7-1 “Assessment of new buildings substantially completed, etc.” to be amended to reflect current state code.
Section 7-3 “Administration and collection” to be amended to update state code citations.
Section 7-8.1 “Filing of return and payment of tax” amended to reflect current state code.
Section 7-9 “Definitions” to be amended to reflect current state code.
Section 7-13 “Exceptions for local coin operated telephones” to be renamed and amended to reflect current state code.
Section 7-15.1 “Local tax for E911” to be repealed for lack of necessity.
Section 7-16 “Definitions” to be amended to update state code citation.
Section 7-17 “Exemption authorized” to be amended to reflect currents state code.
Section 7-19 “Requirements for exemption” to be amended to reflect current state code.
Section 7-22 “Penalty for falsely claiming exemption” to be amended for clarity and to reflect current state code.
Section 7-36 “Determination of use value by the commissioner of the revenue” to be amended to reflect current state code.
Section 7-37 “Method of valuation” to be amended to reflect current state code.
Section 7-39 “Roll-back taxes” to be amended to reflect currents state code.
Section 7-41 “Separation of part of real estate assessed under article” to be amended to reflect current state code.
Section 7-42 “Contiguous real estate located in more than one locality” to be amended to reflect current state code.
Section 7-43 “Removal of parcels from program if taxes delinquent” to be amended to change removal dates to reflect current state code.
Section 7-45.1 “Imposition of tax” to be amended to reflect current state code.
Section 7-46 “Definitions” to be amended to add a definition to reflect current state code.
Section 7-47 “Rate of taxation” to be amended to adjust rates for small mines in order to reflect current state code.
Section 7-57 “When tax due and payable” to be amended to change due date for gross receipts tax from June 1 to March 1 to reflect common practice within the state.
Section 7-60 “Tangible personal property tax” to be amended to include wine produced by farm wineries in order to reflect current state code.
Section 7-64 “Penalty for failure to pay taxes by June 5 or December 5” to be amended to reflect current state code procedure concerning late or unpaid taxes.
Section 7-68 “Personal property tax relief act of 1998 – Implementation of changes” to be amended to fix typographical errors.
Section 7-76 “Property exempt from taxation by designation” to be amended to fix typographical error.
Section 7-79 “Exemptions” to be amended to reflect current state code and procedure concerning food and beverage tax exemptions.
Chapter 8 - Fire Protection
Section 8-1.1 “Fire companies and rescue squads” to be updated to include all companies and squads within the county.
Section 8-1.3 “Response to hazardous materials incidents; reimbursement of costs” to be amended to update state code citations.
Section 8-3 “Adoption” to be amended to update the county fire prevention code.
Section 8-4.2 “Duties” to be amended to fix typographical error.
Chapter 11 – Motor vehicles
In Chapter 11 the word “division” and its accompanying phrase “division of motor vehicles” shall be changed throughout the chapter to “Department” and “department of motor vehicles.”
Section 11-1 “Adoption of state law” to be amended to update state code citations.
Section11-5 “Same – State inspection sticker” to be amended to update state code citations.
Section 11-14 “Violations; penalties; compliance with this chapter” to be amended to fix typographical error.
Section 11-23 “Parking vehicle without state license on highway” to be amended to update state code citation.
Section 11-25.2 “Parking for disabled persons” to be amended to adjust fine for parking violations consistent with current state code.
Section 11-25.3 “Double parking” to be amended to fix typographical error.
Section 11-36 “Disposition of inoperable abandoned motor vehicles” to be amended to update state code citations.
Chapter 14 – Refuse, Garbage and Weeds
Section 14-1 “Definitions” to be amended to update state regulation citations.
Section 14-3 “Accumulation of refuse on premises in open view” to be amended to update a county code citation.
Chapter 15 – Solicitors
Section 15-1 “Definitions” to be amended to reflect current state code.
Section 15-4 “Fee” to be amended to reflect current state code on fees charged for charitable and non-charitable solicitors.
Chapter 15-6 “Exceptions” to be amended to update state code citation.
Chapter 16A – Water and Sewers
Section 16A-1 “Definitions” to be amended to update federal code citations and fix typographical errors.
Section 16A-5 “Use of public sewers” to be amended to update federal code citations and fix typographical errors.
Chapter 19 – Smith Creek Water and Waste Authority
Section 19-3 “Monthly fees and charges” to be amended to update rates and fees.
A copy of the proposed ordinances is available for review in the County Administrator’s Office, 20 East Gay Street, Harrisonburg, Virginia.
By order of the Board of Supervisors of Rockingham County, Virginia