The Code Of The County Of Fairfax Virginia 1976  


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  • THE CODE
    OF THE
    COUNTY OF FAIRFAX
    VIRGINIA
    1976

    ____________

    THE GENERAL ORDINANCES OF THE COUNTY

    ____________

    REPLACEMENT VOLUME INCLUDING
    SUPPLEMENT NO. 41, 8-89

    PUBLISHED BY ORDER OF THE
    BOARD OF SUPERVISORS

    ____________

    ORIGINALLY PUBLISHED BY

    NIMLO
    Washington, D.C.
    1976

    COMMENCING WITH SUPPLEMENT NO. 1, 12-77

    PUBLISHED IN 1989 BY

    PREFACE

    "This Code" which is the 1976 Revision and Codification of the Ordinances of Fairfax County, Virginia, except those ordinances expressly saved from repeal by the Adopting Ordinance, contains the general and permanent ordinances of Fairfax County together with various nationally approved Codes and subsidiary Codes, which Codes are adopted by reference in "This Code", with copies available in the appropriate County offices.

    The ordinances contained in "This Code" were classified according to subject matter, obsolete and conflicting provisions were eliminated and the remainder edited and in many instances, substantially revised.

    To facilitate usage, the Code has been divided into six unofficial Parts. Each Part has been assigned twenty Chapters and those Chapters which are not presently being utilized have been reserved for the inclusion of materials in the future. Each Chapter is preceded by a Chapter Table of Contents which designates the material included within the Chapter. The general index, which appears at the end of the Code will serve as an accurate aid in locating specific provisions within the Code. Where appropriate, the Chapters have been subdivided into Articles, Divisions and Sections. Catchlines precede each of the various Code Sections. These Catchlines indicate in capsule form the contents of each Section.

    The legislative history appearing at the end of each Section in the Code will enable the user to readily ascertain the ordinance from which the Section has been derived and the Section's position in the 1961 codification.

    Each Code Section number consists of three component parts separated by dashes. The figure to the far left and preceding the first dash (-) refers to the Chapter number. The figure following the first dash and before the second dash, therefore between the two dashes, indicates the Article position within the Chapter. The figure to the far right and following the second dash refers to the position of the Section within the Chapter. Accordingly, Section 10-3-12 indicates the tenth Chapter, the third Article within the Chapter and the twelfth Section within the Article. In addition, a uniform system of designating sub-classifications of Sections has been utilized throughout.

    New material may be inserted in the Code without disturbing the existing numbering scheme by using a decimal system of numbering. For instance, if three New Sections logically should be placed between Section 10-3-12 and 10-3-13, such new Sections could be designated Sections 10-3-12.1, 10-3-12.2, and 10-3-12.3, respectively. New Chapters may be included by the addition of a capital letter after the Chapter number. If the new Chapter is to be included between Chapter 18 and Chapter 19, it would be designated Chapter 18A.

    By using the decimal system, new Articles and Divisions also may be inserted in the Code between existing Articles and Divisions. If logic requires, new Articles and Divisions may be inserted at the end of the appropriate Chapter or Article, with the next successive number being assigned to the Article or Division.

    The loose-leaf binder housing the Code facilitates the addition or removal of future ordinances and should serve as a convenient device for keeping the Code current.

    Footnotes are contained throughout the Code in an effort to correlate related Code provisions, relevant Virginia State laws and reported court decisions.

    The National Institute of Municipal Law Officers (NIMLO) wishes to express its appreciation to the officials and employees of Fairfax County during the preparation of the Fairfax codification. Particular appreciation is due F. Lee Ruck, County Attorney, all Assistant County Attorneys and Mary Markham, Administrative Aide to the County Executive for their assistance during the progress of the codification.

    "This Code" was prepared by NIMLO Staff Attorneys Abe J. Rosenbleet and Denis D. McKenna under the direction of F. Lee Ruck.

    General supervision in the preparation of "This Code" was by Charles S. Rhyne, General Counsel, and Denis D. McKenna, Associate General Counsel.

    ADOPTION OF RECODIFIED CODE

    Adoption of an ordinance adopting a County Code which is a revision and recodification of the Code of Fairfax County, Virginia of 1961, and ordinances of a general and permanent nature adopted by the Board of Supervisors since the adoption of such Code, to be known as The Code of the County of Fairfax, Virginia.

    At a regular meeting of the Board of Supervisors of Fairfax County, Virginia, held in the Board Room of the Massey Building, at Fairfax, Virginia, on Monday, December 8, 1975, the Board after having first given notice of its intention so to do in the manner prescribed by law, adopted an Ordinance recodifying the Code of the County of Fairfax, Virginia, as amended, said Ordinance so adopted being in the words and figures followin, to-wit:

    BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF FAIRFAX COUNTY, VIRGINIA AS FOLLOWS:

    Section 1. This ordinance shall become effective at 12:01 A.M., of the first day of January, 1976.

    Section 2. As of the effective time of this ordinance, the following named and numbered Chapters of the 1961 Code of the County of Fairfax, Virginia, are repealed and then readopted and ordained as general ordinances in the following recodified named and numbered Chapters which shall be known as a portion of "The Code of the County of Fairfax, Virginia, 1976":

    1976 Code
    Chapter No.
    Title 1961 Code
    Chapter No.
    1 General Provisions 1
    103 Air Pollution Control 1A
    41 Animals and Fowl 2
    21 Automobile Graveyards 3
    22 Barbering and Cosmetology 4
    23 Bondsman 5
    63 Excavation and Utility Line Installation 6
    25 Circuses, Carnivals and Other Similar Activities 7
    24 Bingo, Games and Raffles 7A
    26 Coin Operated Machines 8
    10 Consumer Protection and Public Utilities Commission 8A, 15G
    3 County Employees 9
    27 Establishments Permitting Dancing 10
    81 Emergency Ambulance and Rescue Services 11A
    42 Fluoridation of Water 13
    11 Human Rights 15D
    12 Tenant-Landlord 15E, 26A
    Appx. D Industrial Development Authority 15F
    7 Massage Parlors 15H
    2, 5, 29, 83, 85, 102, 104, 105, 106, & 107 Miscellaneous Offenses 17
    82 Motor Vehicles and Traffic 16
    108 Noise 16A
    43 Food and Food Service Establishments 20
    102 Streets and Sidewalks 22A
    101 Subdivision Control 23
    4 Taxation and Finance 25
    84 Taxicabs 26
    70 Water 27A
    6 Weapons 28
    46 Weeds 29
    Appx. A Flood Plains 1-8
    Appx. B Sunday Closing Law Ordinance adopted December 2, 1974 (Not codified in 1961 Code)
    Appx. C Northern Virginia Cigarette Tax Appx. A
    Board Charter

     

    Section 3. Chapter 21 of the 1961 Code of Fairfax County, Virginia, titled "Schools and Pupils," is specifically repealed as of the effective date of this ordinance and is not part of the recodified 1976 Code being adopted in this ordinance.

    Section 4. Since this ordinance is a partial recodification of the 1961 Code of Fairfax County, four Chapters of the 1961 Code which were not recodified still remain in full force and effect, but which four Chapters bear identifying numbers which are the same as the numbers of recodified Chapters in the 1976 Code being adopted by this ordinance. Therefore, references to the following Chapters:

    1976 Code
    Chapter No.
    Title 1961 Code
    Chapter No.
    Building Code and/or Home Improvement 6
    6 Weapons
    Electrical Code 11
    11 Human Rights
    Fire Protection 12
    12 Tenant-Landlord
    Sewers and Sewage Disposal 22
    22 Barbering and Cosmetology

     

    shall contain citation to the title of the Chapter and a specific identification of either the 1961 Code or the 1976 Code, whichever is applicable.

    Section 5. All ordinances of Fairfax County of a general and permanent nature not specifically repealed by Sections 2 or 3 of this ordinance shall continue to remain in full force and effect after the effective date of this ordinance, until amended, repealed, or recodified.

    Section 6. Three copies of "The Code of Fairfax County, Virginia, 1976," shall be kept in the Office of the Clerk to the Board of Supervisors and shall there be available for public inspection during normal business hours.

    GIVEN under my hand this 8th day of December, 1975.

    Ethel Wilcox Register
    Ethel Wilcox Register, Clerk to the Board