Posted on November 18, 2016 by townclerk

Ordinance 01-16

Adopted November 14, 2016

Auxiliary Police Officers Authorized; powers, authority and immunities generally.

For the further preservation of the public peace, safety, and good order of the community, there is hereby established an auxiliary police force that have all the powers and authority and all the immunities of full-time law enforcement officers, if all such forces have met the training requirements established by the Department of Criminal Justice Services under Virginia Code § 9.1-102. Members of the auxiliary police force who have completed these training requirements, after having been appointed by the Remington Town Council, may be called into service by the Remington Chief of Police to aid and assist regular police officers in the performance of their duties.

An auxiliary officer shall be exempted from any initial training requirement established under VA. Code § 9.1-102 until a date one year subsequent to the approval by the Criminal Justice Services Board of compulsory minimum training standards for auxiliary police officers, except that:

(i) any such officer shall not be permitted to carry or use a firearm while serving as an auxiliary police officer unless such officer has met the firearms training requirements established in accordance with in-service training standards for law-enforcement officers as prescribed by the Criminal Justice Services Board, and

(ii) any such officer shall have one year following the approval by the Board to comply with the compulsory minimum training standards.

The Remington Town Council may appoint up to 6 auxiliary police officers. Each auxiliary police officer shall be a person of good character and the appointment shall be revocable at any time by the Remington Town Council. The Remington Town Council may prescribe the uniform, organization, and such rules as it deems necessary for the operation of the auxiliary police force.

The Remington Chief of Police may utilize such auxiliary police officers as may be deemed necessary

(i) in time of public emergency,

(ii) at such times as there are insufficient numbers of regular police officers to preserve the peace, safety and good order of the community, of

(iii) at any time for the purpose of training such auxiliary police officers.

At all times when performing such service, the members of the auxiliary police force shall wear the uniform prescribed by the governing body.

When the duties of an auxiliary police officer are such that the wearing of the prescribed uniform would adversely limit the effectiveness of the auxiliary police officer’s ability to perform his prescribed duties, then clothing appropriate for the duties to be performed may by required by the Remington Chief of Police.

Va. Code §§15.2-1731, 15.2-1733, 15.2-1734.

Adopted: February 29, 2012

ORDINANCE NO. 1-12

ORDINANCE NO. 1-12 AMENDS THE REMINGTON ZONING CODE, ARTICLE 10, C-2, “GENERAL COMMERCIAL DISTRICT” BY REMOVING SINGLE FAMILY RESIDENTIAL AND FARMER’S MARKET AS USES BY SPECIAL USE PERMIT AND ADDING THEM AS USES BY RIGHT. ORDINANCE 1-12 ALSO DEFINES FARMER’S MARKET AND CLARIFIES OTHER ASPECTS OF USES PERMITTED IN C-2 AND IS AUTHORIZED BY THE GRANTS OF AUTHORITY CONTAINED IN VA CODE SECTIONS 15.2-2200, 15.2-2280, 15.2-2285 AND 15.2-2286.

BE IT ORDAINED by the Remington Town Council at a specially called meeting on February 29, 2012, that Article 10, C-2, “General Commercial District” of the Remington Zoning Code be amended to read in its entirety as follows:

“ARTICLE 10

C-2

GENERAL COMMERCIAL DISTRICT

Legislative Intent.

This district is designed for general commercial business and other uses which are not characterized by heavy trucking, highway service uses and/or outside storage or display areas.

10-1 Use Regulations. A building may be erected, altered, or used and a lot or premises may be used or occupied, for the following purposes. If a particular use is not listed below, then the use is not permitted. More than one use is permitted on a parcel of land, provided that the use is a permitted use.

• Single family residential use.

• Stores for the retail sale of antiques; automobile supplies; art works and supplies; books; cigars; clothing and apparel of any kind; dry goods; drugs; garden supplies; gifts; electrical goods and supplies; food and food products of any kind including production of bakery goods for retail sale in the same establishment, furniture; household furnishings and decorator’s supplies; hardware; luggage and leather goods; office supplies; optical goods; pets and pet supplies; photographic equipment and supplies; variety goods; toys; jewelry; liquor; music; stationery; newsstands; and other similar retail establishments. Stores for the retail sale and/or repair of household appliances, musical instruments and sporting goods.

• Retail service stores and personal service shops such as barber shops; beauty parlors; shoe repair shops; tailor shops; hand laundries; laundromats; establishments for receiving and distributing articles for laundering or cleaning; , and printing establishments.

• Offices for business or professional use.

• Banks and other financial institutions.

• Restaurants.

• Home and commercial rental and leasing establishments.

• Clinics.

• Cleaning and pressing establishments.

• Studios and trade schools.

• Vending machines, laundromats.

• Broadcasting stations.

• Hotels, motels with appurtenant restaurants. Bed and Breakfast

• Automobile, truck sales, and service repair garages, automobile body shops, and tire recapping and retreading.

• Churches and community buildings.

• Car Washes.

• Veterinary hospitals.

• Milk and soft drink distribution stations.

• Farm equipment, motorcycle, boat, sport trailer sales and service.

• Service stations.

• Lumber and building supply with covered storage.

• Plumbing and electrical supply with covered storage.

• Cabinet, upholstery, furniture shops.

• Taxidermist.

• Grain and feed supply stores.

• Frozen food lockers.

• Commercial recreational establishments.

• Funeral homes.

• Theaters.

• Public buildings.

• Farmer’s Market- A farmers market is a public market place where fresh foods from the local area are sold by the people who have grown, gathered, raised or caught them. A farmer’s market may also include the sale of crafts and prepared foods as long as the total number of craft vendors does not exceed the total number of farmers or food vendors. A farmer’s market does not include the sale of any type of previously owned items or antiques as is commonplace in a flea market or garage sale.

• Accessory uses customarily incidental to these uses are also permitted.

• Utilities related to and necessary service within the Town, including poles, wires, transformers, telephone booths and the like for electrical power distribution or communication service, and underground pipelines or conduits for local electrical/ gas, sewer or water service, but not those facilities listed as requiring a special use permit.
  

10-1.2 Uses Permitted by Special Use Permit. The following uses will be permitted upon authorization of the Town Council subject to Article 2, Section 2-7.

• Commercial parking lots and garages.

• Taxicab stands.

• Clubs, lodges, assembly halls.

• Transportation facilities such as bus terminals, railroad stations

• Animal kennels.

• Outdoor theaters.

• Monument sales.

• Crematories.

  • Carnivals, fairs and other similar uses of a temporary nature.

  • Wholesale establishments but not warehouses generally.

  • Self-service storage compartments commonly known as mini-warehouses.

• Treatment plants, water storage tanks, major transmission lines or pipelines, pumping or regulator stations, communications towers over 125 feet in height, storage yards and substations.

• Schools.

• Duplexes, Apartments or any other multifamily use.”

This Ordinance shall take effect upon adoption.

Adopted March 16, 2015

ORDINANCE 01-15

WHEREAS, The Remington Town Council has reviewed and Comcast Franchise Agreement; and

WHEREAS, The Remington Town Council considered Ordinance 01-15 - an Agreement to grant Comcast of CA/MD/PA/WVA, LLC to construct or operate a cable system in the Town of Remington, VA; setting forth conditions accompanying the grant of the franchise; providing for regulation and use of the system; and prescribing penalties for violations the Ordinance; which is in Pursuant to the Grant of Authority contained in Virginia Code §15.2-2108.21;

THEREFORE, BE IT ORDAINED by the Remington Town Council at a Public Hearing held at their Regular Monthly Meeting on March 16, 2015, voted unanimously to approve the Comcast Franchise Agreement in its entirety.

This Ordinance shall take effect upon adoption.

ORDINANCE NO. 01-17

ORDINANCE NO. 01-17 AMENDS THE REMINGTON TOWN CODE TO REDUCE THE CURRENT BUSINES LICENSE EXEMPTION FOR NEW BUSINESSES FROM TWO YEARS TO ONE YEAR AND ELIMINATES THE EXEMPTION BEGINNING ON JANUARY 1, 2019.

BE IT ORDAINED by the Remington Town Council at its meeting on August 15, 2017 that all new businesses locating in the Town of Remington shall be exempt from payment of local business license taxes for the first year; and

BE IT FINALLY ORDAINED that beginning on January 1, 2019, all businesses shall be subject to, and required to pay, the local business license tax.

ORDINANCE NO. 03-17

ORDINANCE NO. 03-17 AMENDS THE REMINGTON TOWN CODE TO REZONE TAX MAP 6887-09-5567-000 LOCATED AT REMINGTON UNITED METHODIST LOT ON WEST BOWEN STREET AND TAX MAP_6887-18-3330-000, LOCATED AT 200 EAST MARSHALL STREET FROM R-1 TO CU.

BE IT ORDAINED by the Remington Town Council at its meeting on August 15, 2017 that Tax Map 6887-09-5567-000 located at Remington United Methodist lot on West Bowen Street (consisting of +/- _______ acres) and Tax Map 6887-18-3330-000, located at 200 East Marshall Street (consisting of +/- _______ acres) shall be rezoned from R-1 to CU.

Adopted: June 15, 2015

ORDINANCE NO. 02-15

ORDINANCE NO. 02-15 IS AN ORDINANCE WHICH AMENDS THE REMINGTON TOWN CODE, CHAPTER 9, MOTOR VEHICLES & TRAFFIC,” ARTICLE I, “IN GENERAL,” BY ADDING SECTION 9-36, “ADDITIONAL ASSESSMENT FOR ELECTONIC SUMMONS SYSTEM” TO PROVIDE THAT FIVE DOLLARS ($5) SHALL BE ASSESSED AS PART OF THE COSTS IN EACH CRIMINAL OR TRAFFIC CASE TO FUND SOFTWARE, HARDWARE AND ASSOCIATED EQUIPMENT COSTS FOR THE IMPLEMENTATION AND MAINTENANCE OF AN ELECTRONIC SUMMONS SYSTEM. ORDINANCE NO. 02-15 IS CONSIDERED PURSUANT TO THE GRANT OF AUTHORITY CONTAINED IN VA CODE § 17.1-279.1.

BE IT ORDAINED by the Remington Town Council, pursuant to the grant of authority contained in Virginia Code § 17.1-279.1, that the Remington Town Code be amended by adding Section 9-36, “Additional Assessment for Electronic Summons System” to Article I, “In General” of Chapter 9, “Motor Vehicles and Traffic” to read in its entirety as follows:

“Sec. 9-36. Additional Assessment for Electronic Summons System

There is hereby assessed an additional sum of five dollars ($5.00) as part of the costs in each criminal or traffic case in the district or circuit courts located within Fauquier County in which a defendant is charged with a violation of any statute or ordinance.

The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the Town of Remington, and held by the Treasurer subject to disbursements by the Remington Town Council to the Remington Police Department solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system.”

This Ordinance shall take effect on July 1, 2015.

Certified to be a true and accurate copy of the Ordinance approved by the Remington Town Council on June 15, 2015.

ORDINANCE NO. 04-12

ORDINANCE NO. 04-12 AMENDS THE REMINGTON TOWN CODE BY ENABLING THE TOWN TO ACCEPT PAYMENTS BY CREDIT/DEBIT CARDS AND TO RECOUP ANY COSTS ASSOCIATED WITH THE USE OF CREDIT/DEBIT CARDS AS AUTHORIZED BY VA CODE SECTION 2.2-614.1. ORDINANCE NO. 04-12 ALSO REPEALS CHAPTER 14, “GOLF CARTS,” SECTION 14-1, “DEFINITIONS,” SECTION 14-1, “GOLF CART OPERATION PERMITTED,” SECTION 14-2, “REQUIRED SAFETY EQUIPMENT,” SECTION 14-3, ”TOWN SAFETY INSPECTION,” SECTION 14-4, “INSURANCE REQUIRED,” SECTION 14-5,“ LOCAL VEHICLE LICENSE,” AND SECTION 14-6, “LIABILITY DISCLAIMER.”

WHEREAS the Town of Remington seeks to allow payment of any amounts due to the Town by credit/debit card for the convenience of its citizens; and

WHEREAS the Town of Remington has received a study from the Virginia Department of Transportation which indicates that the use of golf carts throughout Town is not generally safe.

NOW THEREFORE BE IT ORDAINED by the Remington Town Council that the Remington Town Code shall be amended by adding the following provision to read in its entirety as follows:

“Authority to accept revenue by commercially acceptable means.

The Town of Remington may accept payment of any amount due to the Town by any commercially acceptable means, including, but not limited to, checks, credit cards, debit cards, and electronic funds transfers for the collection of taxes, interest, penalties, fees, fines or other charges.

The Town of Remington may add to any amount due a sum, not to exceed the amount charged to the Town of Remington for acceptance of any payment by a means that incurs a charge to the Town of Remington, or the amount negotiated and agreed to in a contract with the Town of Remington, whichever is less.”

BE IT FINALLY ORDAINED by the Remington Town Council that the Remington Town Code shall be amended by deleting Chapter 14, “Golf Carts,” Section 14-1, “Definitions,” Section 14-1, “Golf Cart Operation Permitted,” Section 14-2, “Required Safety Equipment,” Section 14-3, ”Town Safety Inspection,” Section 14-4, “Insurance Required,” Section 14-5,“ Local Vehicle License,” and Section 14-6, “Liability Disclaimer” as follows:

“Chapter 14. Golf Carts.

Sec. 14-1. Definitions.

The following words and phrases when used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning:

"Crosswalk" means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

"Decal" means a sticker to be attached to the lower left from side of the fender of a golf cart that validates payment of the annual license fee.

"Department" means the Department of Motor Vehicles of the Commonwealth.

"Driver's license" means any license, including a commercial driver's license as defined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.), issued under the laws of the Commonwealth authorizing the operation of a motor vehicle.

"Golf cart" means a self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course.

"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.

"Intersection" means (i) the area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict; (ii) where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection, in the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection; or (iii) for purposes only of authorizing installation of traffic-control devices, every crossing of a highway or street at grade by a pedestrian crosswalk.

"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or an unpaved area.

"Shoulder" means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curb line or ditch.

"Sidewalk" means the portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.

Sec. 14-2. Golf Cart Operation Permitted.

A. The operation of golf carts within the Town of Remington shall be permitted as follows:

1. A golf cart vehicle may be operated on all public highways within the Town of Remington where the speed limit is 25 miles per hour or less.

2. A golf cart vehicle may cross a highway at an intersection conspicuously marked as a golf cart crossing by signs posted by the Virginia Department of Transportation if the highway has a posted speed limit of no more than 35 miles per hour and the crossing is required as the only means to provide golf cart vehicle access from one part of the town to another part of the town.

3. No person shall operate any golf cart on any public highway unless he has in his possession a valid driver's license.

4. Every golf cart, whenever operated on a public highway, shall display a slow-moving vehicle emblem in conformity with Virginia Code § 46.2-1081.

5. Golf carts shall be operated upon the public highways only between sunrise and sunset, unless equipped with such lights as are required by state law as set forth in Virginia Code § 46.2-1010 et seq., for different classes of vehicles.

6. Golf carts must be operated in accordance with all applicable state and local laws and ordinances, including all laws, regulations and ordinances pertaining to the possession and use of alcoholic beverages.

7. Only the number of people the golf cart is designed to seat may ride on a golf cart. Additionally, passengers shall not be carried on the part of a golf cart designed to carry golf bags.

8. Golf carts must be operated to the extreme right of the roadway and must yield to all vehicular and pedestrian traffic.

9. The chief of police, or his designee, may prohibit the operation of golf carts on any highway if the chief determines that the prohibition is necessary in the interest of safety.

B. The limitations contained in subdivision A of this section shall not apply to golf carts being operated by local government employees, operating only upon highways located within the locality, to fulfill a governmental purpose, provided the golf cart is being operated on highways with speed limits of 35 miles per hour or less.

Sec. 14-3. Required safety equipment.

In addition to any safety equipment required by state law or regulation for golf carts, golf carts shall have the following safety equipment installed:

(1) Speed governor if gasoline powered.

(2) Safety lap belts.

Sec. 14-4. Town safety inspection.

Golf carts shall pass a safety inspection at least once a year. Such safety inspection shall be conducted by an official inspection station as such are designated in accordance with state law or by a business which is engaged in the sale of golf carts. Such safety inspection shall only cover the following items:

1. Headlights, tail lights and turn signals, if the golf cart is driven between sunset and sunrise.

2. Rubber or equivalent tires.

3. Windshield wipers if equipped with permanent windshield.

4. Horn, adequate steering gear, brakes, emergency or parking brake, one mirror, adequately fixed driver's seat.

5. All other factory installed safety or mechanical systems, including checking for gasoline or propane leaks.

6. Speed governor if gasoline powered.

7. Safety lap belts.

The owner of the golf cart shall be responsible for obtaining a certification from the inspection station that the golf cart passed the inspection.

Sec. 14-5. Insurance required.

Every golf cart and driver thereof shall be covered by an insurance policy. Such policy shall meet the minimum liability amounts contained in section 46.2-472 of the Code of Virginia (1950) as amended, and provide coverage during the operation of the golf cart upon public highways.

Sec. 14-6. Local vehicle license.

No golf cart shall be used on the public highways within the Town of Remington unless it has obtained a Remington golf cart vehicle license. No golf cart vehicle license shall be issued until the owner of the golf cart presents evidence that the golf cart is insured and that the golf cart has passed a safety inspection required by this chapter. Remington golf cart vehicle licenses shall be issued on an annual basis for $ 25.00 per license. Golf cart vehicle licenses shall be valid from March 15 through March 14 of the next year.

Sec. 14-7. Liability disclaimer.

This article is adopted in the interests of public safety. Golf carts are not designed or manufactured to be used on the public streets, and the Town of Remington urges anyone operating a golf cart to exercise caution. The adoption of this article is not to be relied upon as a determination that operation on public streets is safe or advisable if done in accordance with this article. All persons who operate or ride upon golf carts on public streets or roads do so at their own risk. The Town of Remington assumes no liability for permitting golf carts to be operated on the public streets and roads under the legislation granted by the Virginia General Assembly. Any person who operates a golf cart is responsible for obtaining liability insurance sufficient to cover the risk involved in using a golf cart on the public streets and roads.”

Vote: Ashby – aye, Clatterbuck – aye, Heaney – aye, Loving – aye, Ralls- aye, Frazier – absent

Adopted: July 13, 2015

ORDINANCE NO. 04-15

ORDINANCE NO. 04-15 AMENDS THE REMINGTON TOWN CODE, EFFECTIVE JULY 1, 2015 TO PROVIDE A SALARY FOR THE MEMBERS OF TOWN COUNCIL AS FOLLOWS: $50 PER MONTH FOR TOWN COUNCIL MEMBERS AND $100 PER MONTH FOR THE MAYOR.

BE IT ORDAINED by the REMINGTON TOWN COUNCIL, Pursuant to the grant of authority contained in Virginia Code §15.2-1414.7, at its meeting on July 13, 2015 that each member of Town Council for his services in attending the meetings of the council and in discharging the duties imposed by law upon him shall be paid a salary of fifty dollars ($50.00) per month and the Mayor shall receive an additional sum of fifty dollars ($50.00) for a total sum of one hundred dollars ($100.00) per month.

The effective date of this Ordinance shall be retroactive to July 1, 2015

Adopted: 10/20/2014

ORDINANCE 05-14

ORDINANCE NUMBER 05-14 IS AN ORDINANCE WHICH INCREASES THE WATER RATES FOR IN TOWN RESIDENTS FROM $20.00 PER 4,000 GALLONS TO $ 28.00 PER 4,000 GALLONS. ORDINANCE 05-14 ALSO INCREASES THE WATER RATES FOR OUT OF TOWN RESIDENTS FROM $35.00 PER 4,000 GALLONS TO $ 43.00 PER 4,000 GALLONS. ORDINANCE 05-14 IS CONSIDERED PURSUANT TO THE GRANT OF AUTHORITY CONTAINED IN VIRGINIA CODE SECTIONS 15.2-2111, 15.2-2109, AND 15.2-2119.

BE IT ORDAINED, that Section 20-1 of the Remington Town Code shall be amended to read in part as follows:

Section 20-1. Water Utility Rates

Water Rates

In Town $ 28.00/month, minimum 4,000 gal.

$ 3.50/1,000 over 4,000

Out of Town $ 43.00/month, minimum 4,000 gal.

$ 3.75/1,000 over 4,000

New Customer Fee $25.00

This Ordinance shall take effect upon adoption.

Vote: Allison – Aye

Ashby – Aye

Clatterbuck – Aye

Heaney – Aye

Loving – Aye

Ralls - Nay