Code of Ordinances

Article IV – Outdoor Entertainment

[Adopted 3-10-1978 as Ch. 3, Art. II, of the 1978 Code; amended in its entirety 7-12-1993 (Ch. 41, Art. I, of the 1993 Code)]

Division 1 – Festivals or Outdoor Entertainment

§ 9.4-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

MUSICAL OR ENTERTAINMENT FESTIVAL

Any gathering of 50 or more people, publicly advertised by newspaper or radio or television or handbills, for the purpose of listening to or participating in entertainment which consists primarily of musical entertainment conducted for compensation in open spaces.

OUTDOOR ENTERTAINMENT

Any gathering of the general public which is publicly advertised by newspaper or radio or television or handbills or signs for which an admission fee is charged.

§ 9.4-2 Outdoor entertainment permit requirement.

All outdoor entertainment shall be subject to a permit requirement. This permit shall be issued by the Board of Supervisors, subject to the rules and regulations and duration established by the Board for each individual permit. A fee as prescribed in § 9.4-6 will be charged for issuance of this permit. Violations of the terms of the permit or a failure to obtain a permit hereunder shall be deemed a Class 1 misdemeanor.

§ 9.4-3 Application for permit; duties of County Administrator; appeals.

A. No person shall stage, promote or conduct any musical or entertainment festival or outdoor entertainment in the County unless there shall have been first obtained from the Board of Supervisors a special entertainment permit for such festival or outdoor entertainment.

B. Application for such special entertainment permit shall be in writing on forms provided for the purpose and shall be filed in duplicate with the County Administrator at least 30 days before the date of such festival or outdoor entertainment and at least 21 days prior to a regular meeting of such Board. The application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this article. A copy of the application shall be sent by the County Administrator to each member of the Board of Supervisors.

C. It shall be the duty of the County Administrator, who is hereby designated as the agent of the Board for the purposes provided herein, to inquire into the application for permit and, after diligent study of the nature of the application, so advise the applicant if the application falls within the exempt status provided for under § 9.4-13. Whenever the County Administrator determines that the application is not exempt from the requirements of this article, the applicant shall have the right of appeal to the Board of Supervisors at the next regularly scheduled meeting.

§ 9.4-4 Conditions on issuance of permit; required documents.

The permit required by § 9.4-3 shall not be issued unless the following conditions are met and the plans, statements and approvals are submitted to the Board with the application:

A. Tickets. Such application for special entertainment shall have attached to it a copy of the ticket or badge of admission to such festival or outdoor entertainment containing the date or dates and time or times of such festival or outdoor entertainment, together with a statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to be in attendance.

B. Promoters and backers; performers. A statement of the names and addresses of the promoters of the festival or outdoor entertainment, the financial backing of the festival or outdoor entertainment and the names of all persons or groups who have been invited to perform at such festival or outdoor entertainment.

C. Location. A statement of the location of the proposed festival or outdoor entertainment, the name and address of the owner of the property on which such festival or outdoor entertainment is to be held and the nature and interest of the applicant therein.

D. Sanitation facilities; garbage, trash and sewage disposal. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at such festival or outdoor entertainment. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved the Virginia Department of Health.

E. Food, water and shelter. A plan for providing food, water and lodging for the persons at the festival or outdoor entertainment. This plan shall be approved by the Virginia Department of Health.

F. Medical facilities. A plan for adequate medical facilities for persons at the festival or outdoor entertainment. This plan shall be approved by the Virginia Department of Health.

G. Parking, crowd and traffic control. A plan for adequate parking facilities, crowd control and traffic control in and around the festival or outdoor entertainment area approved by the Sheriff.

H. Fire protection. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County’s Fire Marshal.

I. Lighting. A statement specifying whether any outdoor lights or lighting is to be utilized and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival or outdoor entertainment is located, and the same shall comply with the Uniform Statewide Building Code.

§ 9.4-5 Revocation of permit.

The Board of Supervisors shall have the right to revoke any permit issued under this article upon noncompliance with any of its provisions and conditions.

§ 9.4-6 Permit fee; refund; issuance of permit.

A fee in the amount of $25 per day for each day on which entertainment is to be presented shall be payable by the applicant to the County for the issuance of the permit. If for any reason other than the revocation of the permit provided for herein the entertainment is presented for fewer than the number of days stipulated, the applicant shall be entitled to a refund of the unearned portion of the moneys collected. Upon compliance with the terms of this article, the agent of the Board shall issue a permit to the applicant for the days designated in the application.

§ 9.4-7 Music prohibited during certain hours.

No music shall be rendered between the hours of 12:00 midnight and 8:00 a.m.

§ 9.4-8 Sound level of music.

No music shall be played either by mechanical devices or live performance in such manner that the sound emanating therefrom shall be unreasonably audible beyond the property on which the festival or outdoor entertainment is located.

§ 9.4-9 Admission of minors.

No person under 16 years of age shall be admitted to any festival or outdoor entertainment unless accompanied by a parent or guardian.

§ 9.4-10 Bond required; waiver.

A bond in the amount of $5,000 shall be required and shall be conditioned on the removal and clearing of the premises so as to leave them in the same condition as they were found and further conditioned on the full and satisfactory execution and compliance with the terms of the permit when issued. Such bond shall be payable to Appomattox County, Virginia. This bond requirement may be waived for private property.

§ 9.4-11 Violations and penalties; additional remedies.

A. Any person who violates any provision of this article shall guilty of a Class 1 misdemeanor. Each day such violation continues shall be construed a separate offense.

B. The Board may bring suit in the Circuit Court to restrain, to enjoin or otherwise to prevent violation of this article.

§ 9.4-12 Construal of provisions.

The provisions of this article shall be strictly construed in order to effectively carry out the purpose of this article in the interest of the public health, welfare and safety of the citizens and residents of the County.

§ 9.4-13 Exemption from fees and bond.

The daily fees and bond provided for herein may be waived by the Board of Supervisors for established churches, chartered civic organizations or established schools, provided that all other provisions of this article shall be fully enforceable.

Division 2 – Carnivals and Other Exhibitions

[Adopted 3-10-1978 as § 11-3 of the 1978 Code; amended in its entirety 7-12-1993 (Ch. 147, Art. XII, of the 1993 Code)]

§ 9.4-14 License tax imposed; exception.

A County license tax is hereby imposed upon every person, firm, company or corporation who or which exhibits or gives a performance or exhibition within the limits of the County of Appomattox of any show, carnival, circus or speedway in the open air, in tents or in buildings. This article shall not apply to agricultural fairs.

§ 9.4-15 Applicability of statutory definition.

For the purpose of this article, the definition given in § 58.1-3728, Code of Virginia, as to what constitutes a carnival shall apply.

§ 9.4-16 License tax amount; waiver.

On such show or performance there shall be a license tax of a maximum of $1,000 for each performance. The amount of each license tax shall be set by the Board of Supervisors, which shall have the authority to waive any part of the same.

§ 9.4-17 Violations and penalties.

Every person, firm, company or corporation who or which exhibits or gives a performance or exhibition of any shows, carnivals or circuses above described in this article without first obtaining the license required shall be fined not less than $50 nor more than $500 for each offense.

§ 9.4-18 Advertising prohibited; fine; exceptions.

A. It shall be unlawful for any circus, carnival or show to publish or post in any way in the County, at any time within 15 days prior to the holding of such fair in such County, advertising of the exhibition of any circus, carnival or show.

B. The Board of Supervisors shall levy and collect a fine not to exceed $2,000 for each offense from any person, firm, company or corporation violating any provision of this section.

C. The provisions of this section shall not apply to circuses, carnivals or shows inside the grounds of any agricultural fair held in the County.

Division 3 – Fireworks

[Adopted 3-10-1978 as Ch. 9, Art. II, of the 1978 Code (Ch. 79 of the 1993 Code); amended in its entirety at time of adoption of Code (see Ch. 1.1, General Provisions, Art. II)]

§ 9.4-19 Purpose.

The regulations contained in this article are hereby adopted to provide for the issuance of permits to fair associations, amusement parks and organizations and groups of individuals for the display of fireworks and to regulate the use and display of fireworks upon the granting of permits.

§ 9.4-20 Application for permit to display fireworks.

A. Written application for a permit to display fireworks shall have the same conditions as a festival or outdoor entertainment permit outlined in § 9.4-4 of this chapter.

B. Each such application shall name at least one person who shall participate in displaying the fireworks who has had experience in displaying the type of fireworks proposed to be displayed.

§ 9.4-21 Disposition of application copies.

One copy of each application for a permit to display fireworks shall be kept on file by the County Administrator until after the date the fireworks are displayed, and two copies, after being approved as aforesaid, which will then become a permit to display fireworks, shall be returned to the applicant, who shall keep one copy on file for 60 days after displaying such fireworks, and one copy shall be in possession of the person in charge of displaying the fireworks at the time and place they are being displayed.

§ 9.4-22 Supervision.

Permits under this article shall provide that fireworks shall be displayed under the supervision of the Fire Marshal or a member of the Volunteer Fire Department, who shall be present at the time such fireworks are displayed.

§ 9.4-23 Number and age of persons authorized to conduct display.

Not more than three persons, in addition to the Fire Marshal or member of the Volunteer Fire Department, shall participate in displaying fireworks at one time, and all shall be persons over the age of 18 years.

§ 9.4-24 Compliance with State Fire Prevention Code.

The permittee shall comply with the terms and conditions set forth in the Virginia Statewide Fire Prevention Code.

STATE LAW REFERENCES

County authority to regulate assemblies — See Code of Virginia, § 15.2-925.

County authority to promote general welfare — See Code of Virginia, § 15.2-1200.

Sewage disposal — See Code of Virginia, §§ 32.1-163 to 32.1-166.

Sanitary requirements for food and drink — See Code of Virginia, § 3.2-5105 et seq.

Licenses for carnivals — See Code of Virginia, § 58.1-3728.

Regulation of fireworks — See Code of Virginia, § 15.2-974.

Article III – Fire Prevention

Division 1 – Outdoor Burning

[Adopted 3-10-1978 as § 9-2 of the 1978 Code (Ch. 54 of the 1993 Code)]

§ 9.3-1 Burning prohibited unless precautionary measures taken.

It shall be unlawful for any owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to lands other than those owned or leased by him. It shall also be unlawful for any employee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he shall have taken similar precautions to prevent the spread of such fire to any other land.

§ 9.3-2 Time limits on burning during certain months; exceptions.

[Amended 7-12-1993]

Except as provided in § 10.1-1142, Subsection C, Code of Virginia, during the period beginning February 15 and ending April 30 of each year, even though the precautions required by § 9.3-1 shall have been taken, it shall be unlawful for any person to set fire to or to procure another to set fire to any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within 300 feet of any woodland, brushland or field containing dry grass or other inflammable material, except between the hours of 4:00 p.m. and 12:00 midnight. The provisions of this section shall not apply to any fires which may be set on federal lands.

§ 9.3-3 Fires built near flammable materials.

[Added 7-12-1993]

Any person who builds a fire in the open air or uses a fire built by another in the open air within 150 feet of any woodland, brushland or field containing dry grass or other inflammable material shall totally extinguish the fire before leaving the area and shall not leave the fire unattended.

§ 9.3-4 Violations and penalties; additional remedies.

A. Any person violating any provisions of this article shall be guilty of a Class 3 misdemeanor for each separate offense. [Amended 7-12-1993]

B. If any forest fire shall originate as a result of the violation by any person of any provision of this article, such person shall, in addition to the above penalty, be liable to the state and to the County for the full amount of all expenses incurred by the state and the County, respectively, in suppressing such fire, such amounts to be recoverable by action brought by the State Forester in the name of the commonwealth on behalf of the commonwealth and by the Board of Supervisors on behalf of the County.

Division 2 – Fire Prevention Code

[Adopted 2-6-1989; amended 4-19-2010 (Ch. 76 of the 1993 Code)]

§ 9.3-5 Title.

This article may be known and referred to as the “Appomattox County Fire Prevention Code.”

§ 9.3-6 Designation of enforcing agency and Fire Official.

The Office of Building Inspections is hereby designated to act as the enforcing agency for the enforcement of the Statewide Fire Prevention Code duly adopted by the Virginia Board of Housing and Community Development under authority of § 27-97, Code of Virginia, and the Building Official is designated the Fire Official for Appomattox County.

§ 9.3-7 Enforcement.

The enforcement procedures of the Statewide Fire Prevention Code, which has been adopted by the County, shall be instituted by the Fire Official and administered in accordance with the provisions set forth in the Statewide Fire Prevention Code and § 9.3-9.

§ 9.3-8 Appeals.

The Appomattox County Board of Building Code Appeals is hereby designated as the appeals board to hear appeals arising from the application of the Statewide Fire Prevention Code.

§ 9.3-9 Administrative procedures.

The Fire Official shall establish such procedures or requirements as may be necessary for administration and enforcement of this article. The procedures are to be endorsed by the County Administrator, Appomattox County, and approved by the Board of Supervisors, Appomattox County, Virginia.

Chapter II – Property Maintenance

[Adopted 5-12-1989 (Ch. 158, Art. I, of the 1993 Code)]

Division 1 – Abandoned and Inoperable Vehicles

§ 9.2-1 Purpose.

The purpose of this article is to prevent the accumulation of inoperable and/or abandoned motor vehicles or parts thereof in unapproved and inappropriate locations in Appomattox County, Virginia, inasmuch as the same constitute an unsightly, obnoxious and unsanitary condition within said County. The presence of such motor vehicles increases the danger of certain communicable diseases by providing a breeding place for rats, mice and other known disease carriers and constitutes a condition detrimental to the mental and economic well-being of the citizens of said County. It is therefore deemed imperative for the preservation of health, safety, peace and the general public welfare requiring it that adequate regulations concerning abandoned or inoperable motor vehicles be adopted requiring property owners, tenants, occupants or lessees to remove the same from their premises.

§ 9.2-2 Applicability.

These regulations shall apply throughout Appomattox County, Virginia.

§ 9.2-3 Title.

This article shall be known and cited by its short title, “Abandoned Auto Ordinance.”

§ 9.2-4 Word usage; definitions.

A. For the purpose of this article, certain words and terms are defined as follows. Except where the construction of this article clearly indicates otherwise, words used in the present tense include the future, words in the singular include the plural, and the plural includes the singular; the word “shall” is mandatory and not directory.

B. As used in this article, the following terms shall have the meanings indicated:

ABANDONED OR INOPERABLE AUTOMOBILE

Any motor vehicle having any major component missing, such as engine, transmission, wheels, steering mechanism or others which are necessary for the safe and normal operation of such vehicle, and which is exposed to the weather and unlicensed by the Virginia Division of Motor Vehicles at the time of any violation of this article. Vehicles may be covered by a tarpaulin or other suitable automobile cover (plastic wrapping or bagging material is not suitable).

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind, whether that person is the owner, tenant, lessee or occupant of private property.

PRIVATE PROPERTY

Any lot or area which is subdivided or under one ownership. Any person shall be deemed in violation of this article if such conditions as are hereinafter provided exist on any one lot or area, irrespective of whether or not such person owns or controls areas or lots contiguous or adjacent to the lot or area alleged to be in violation of this article.

§ 9.2-5 Storage or accumulation prohibited; visibility.

Except where permitted by provisions of Chapter 19.6, Zoning, of the Appomattox County Code, no person shall permit, place or have or aid in permitting, placing or having one or more inoperable or abandoned automobiles upon private property. Subject vehicles shall not be visible from any public roads or public property or any residence.

§ 9.2-6 Right of entry.

The Sheriff, Appomattox County, Virginia, or any Deputy Sheriff shall have the right to enter the property without consent of the owner or occupant at any time during daylight hours and at such other reasonable times as may be necessary to enforce this article, but entry into private residences is prohibited.

§ 9.2-7 Violations and penalties.

Failure to comply with any provision of this article shall constitute a Class 1 misdemeanor. Each and every week that a violation continues shall be deemed a separate offense.

Division II – Storage of Vehicles

[Adopted 5-12-1989 (Ch. 158, Art. II, of the 1993 Code)]

§ 9.2-8 Statutory authority.

This article is enacted pursuant to authority contained in § 15.2-973, Code of Virginia, as amended.

§ 9.2-9 Definitions.

The following words and phrases, when used in this article, shall have the meanings hereinafter respectively ascribed to them:

AUTOMOBILE GRAVEYARD

Any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found and which is licensed for operation by the County of Appomattox.

MOTOR VEHICLE

Every vehicle which is self-propelled or designed for self-propulsion.

VEHICLE

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

§ 9.2-10 Imposition of license tax.

There is hereby imposed a license tax of $100 per year upon the owner or owners of each motor vehicle located within Appomattox County which is visible from any public road, public property or residence, which said motor vehicle does not display current license plates and which is not otherwise exempted hereby.

§ 9.2-11 Exceptions.

This tax shall not apply to the following:

A. Motor vehicles which are exempted from the requirements of displaying such license plates under the provisions of §§ 46.2-650 through 46.2-750, inclusive, Code of Virginia, as amended. [Amended 7-12-1993]

B. Motor vehicles which are in a public landfill.

C. Motor vehicles which are in an automobile graveyard.

D. Motor vehicles which are in the possession of a licensed junk dealer or licensed motor vehicle dealer, provided that the vehicles are located on the same premises as the dealership is licensed for. If located on adjacent or other property, the tax shall apply.

E. Motor vehicles which are being held or stored by or at the discretion of any governmental authority.

F. Motor vehicles which are owned by a member of the armed forces on active duty.

G. Motor vehicles which are regularly stored within a structure or covered by a tarpaulin or other suitable automobile cover. (Plastic wrapping or bagging material is not suitable.)

H. School buses being used for storage of perishable commodities or products.

I. Motor vehicles which are out of sight of a public road or other public property or any residence.

J. Any vehicles which are stored on private property for a period not in excess of 60 days, for the purpose of removing parts for the repair of another vehicle.

§ 9.2-12 Term of license year.

For the purpose of this article, the first license year shall extend from the first day of April 1989 through the 31st day of March 1990. Thereafter, the license year shall begin with the first day of April and extend through the 31st day of March of each next succeeding year.

§ 9.2-13 Payment dates.

For the first license year, the license tax hereunder shall be paid not later than the 15th day of May of the tax year, but the same may be paid on or after the 15th day of April preceding said license year. For each succeeding license year, the license tax hereunder shall be paid not later the 31st day of March of the tax year, but the same may be paid on or after the first day of March preceding said license year.

§ 9.2-14 Issuance and display of decal.

Said license tax shall be paid to the Treasurer of Appomattox County, whereupon said Treasurer shall issue to such motor vehicle owner an appropriate license decal or other insignia which shall show thereon the word “Appomattox,” an indication of the year for which it was issued, the number of the license and the words “Unlicensed Vehicle,” which said license decal the owner shall display in a prominent place on said motor vehicle for which it was purchased, which said display shall be clearly visible from outside the motor vehicle.

§ 9.2-15 Disposition of revenue.

The revenue derived from the tax levied hereunder shall be paid into the general fund of Appomattox County.

§ 9.2-16 Violations and penalties.

[Amended 7-12-1993]

Any person, firm or corporation failing or refusing to pay the license tax herein provided for or failing to display the license decal herein provided for shall be deemed guilty of a Class 1 misdemeanor.

§ 9.2-17 Right of entry.

The Sheriff, Appomattox County, Virginia, or any Deputy Sheriff shall have the right to enter the property without consent of the owner or occupant at any time during daylight hours and at such other reasonable times as may be necessary to enforce this article, but entry into structures is prohibited.

CHAPTER 9 – GENERAL REGULATIONS

Article I – Companion Animals

[Adopted 7-12-1993 (Ch. 44, Art. I, of the 1993 Code)]

§ 9.1-1 Adoption of state law by reference.

The provisions of Title 3.2, Chapter 65, § 3.2-6500 et seq., Code of Virginia, as amended, are adopted herewith by reference to be applicable in Appomattox County, except that § 3.2-6539 shall be omitted. The requirement of Subsection (ii) or (iii) of § 3.2-6553 shall not be waived. The amounts set forth in § 3.2-6554 shall not exceed $50.

§ 9.1-2 License tax amounts.

1.Except as hereinafter provided, it shall be unlawful for any person to own a dog four months old or over in this County unless such dog is licensed as required by the provisions of this article. Dog licenses shall run by the calendar year, namely, from January 1 to December 31, inclusive, and the license tax shall be payable at the office of the Treasurer and shall be as follows:

A. All dogs. Spayed or neutered: $4; not spayed or neutered: $6.

B. Kennel for 20 dogs: $25.

C. Kennel for 30 dogs: $35.

D. Kennel for 40 dogs: $45.

E. Kennel for 50 dogs: $50.

F. No license tax shall be charged for any dog which is trained and serves as a guide dog for a blind or hearing-impaired person.

G. A fee of $5 shall be charged for persons wishing to adopt a pet from the animal pound.

H. Duplicate tag fee: $1.

I. Dangerous dog fee: $50.

2. Any violation of this section shall result in a civil penalty of $25.00 for a first offense, and $50.00 for each subsequent offense.

An animal control officer or law-enforcement officer may issue a summons for a violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality issuing the summons or ticket prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

( Ordinance of 08-16-21 )

§ 9.1-3 Running at large prohibited during certain months.

It shall be unlawful for the owner of any dog to permit such dog to run at large from April 15 to May 15. Any dog shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner’s or custodian’s immediate control. Any person who permits his dog to run at large or remain unconfined, unrestricted or not penned up shall be deemed to have violated the provisions of this section and shall be guilty of a Class 4 misdemeanor.

§9.1-4 Rabies Vaccines

1. Pursuant to Va. Code §3.2-6521 the owner or custodian of all dogs and cats four months of age and older shall have such animal currently vaccinated for rabies by a licensed veterinarian or licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises unless otherwise provided by regulations.
2. Any violation of this section shall result in a civil penalty of $75.00 for a first offense, and $150.00 for each subsequent offense.

An animal control officer or law-enforcement officer may issue a summons for a violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality issuing the summons or ticket prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

( Ordinance of 08-16-21 )

Article I – Dogs

Article II – Property Maintenance

Article III – Fire Prevention Code

Article IV – Outdoor Entertainment